Computer Criminal Activity in New Jersey

N.J.S.A. 2C:20-25 · Fraud & White Collar Offenses

What the law says

A person commits computer criminal activity by purposely or knowingly, without authorization or in excess of authorization, engaging in specified access, alteration, disruption, fraud-related, or data-taking conduct involving computers and related information. The section assigns degrees of crime based on the conduct, value, type of information, and resulting harm.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:20-25, that means:

• The person acts purposely or knowingly and without authorization, or in excess of authorization.
• The person accesses data, a data base, computer storage medium, computer program, computer software, computer equipment, computer, computer system, or computer network.
• The person alters, damages, or destroys covered data or computer resources, or denies, disrupts, or impairs computer services available to another user, including access to any part of the Internet.
• The person accesses or attempts to access covered data or computer resources to execute a scheme to defraud, or to obtain services, property, personal identifying information, or money from a computer owner or any third party.
• The person obtains, takes, copies, or uses data, a data base, a computer program, computer software, personal identifying information, or other information stored in covered computer resources.
• The person accesses and recklessly alters, damages, or destroys covered data or computer resources.

How the charge is graded

• A violation of subsection a. of this section is a crime of the third degree.
• A violation of subsection b. is a crime of the second degree.
• A violation of subsection c. is a crime of the third degree, except that it is a crime of the second degree if the value of the services, property, personal identifying information, or money obtained or sought to be obtained exceeds $5,000.
• A violation of subsection e. is a crime of the third degree, except that it is a crime of the second degree if the data, data base, computer program, computer software, or information: (1) is or contains personal identifying information, medical diagnoses, treatments or other medical information concerning an identifiable person; (2) is or contains governmental records or other information that is protected from disclosure by law, court order or rule of court; or (3) has a value exceeding $5,000.
• A violation of subsection f. is a crime of the fourth degree, except that it is a crime of the third degree if the value of the damage exceeds $5,000.
• A violation of any subsection of this section is a crime of the first degree if the offense results in: (1) a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service; (2) damages or loss in excess of $250,000; or (3) significant bodily injury to any person.
• "Substantial interruption or impairment" shall mean such interruption or impairment that: (a) affects 10 or more structures or habitations; (b) lasts for two or more hours; or (c) creates a risk of death or significant bodily injury to any person.

Penalties in the statute

• Every sentence of imprisonment for a crime of the first degree committed in violation of this section shall include a minimum term of one-third to one-half of the sentence imposed, during which term the defendant shall not be eligible for parole.
• Every sentence imposed upon a conviction pursuant to this section shall, if the victim is a government agency, include a period of imprisonment. The period of imprisonment shall include a minimum term of one-third to one-half of the sentence imposed, during which term the defendant shall not be eligible for parole.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• Subsection d. was deleted by amendment, P.L.2003, c.39.
• The victim shall be deemed to be a government agency if a computer, computer network, computer storage medium, computer system, computer equipment, computer program, computer software, computer data or data base that is a subject of the crime is owned, operated or maintained by or on behalf of a governmental agency or unit of State or local government or a public authority.
• The defendant shall be strictly liable under the government-agency subsection, and it shall not be a defense that the defendant did not know or intend that the victim was a government agency, or that the defendant intended that there be other victims of the crime.
• A violation of any subsection of this section shall be a distinct offense from a violation of any other subsection of this section. A conviction for a violation of any subsection shall not merge with a conviction for a violation of any other subsection or section 10 of P.L.1984, c.184 (C.2C:20-31), or for conspiring or attempting to violate any subsection of this section or section 10 of P.L.1984, c.184 (C.2C:20-31), and a separate sentence shall be imposed for each such conviction.
• When a violation of any subsection of this section involves an offense committed against a person under 18 years of age, the violation shall constitute an aggravating circumstance to be considered by the court when determining the appropriate sentence to be imposed.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Lack of intent to defraud, as opposed to a business dispute or honest mistake
• Challenging loss calculations that drive the degree of the charge
• Document, bank-record, and electronic-evidence review with forensic accountants
• Early negotiation and restitution that can keep a case out of state prison

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Computer Criminal Activity charge.

Related charges

• Theft by Deception →
• Theft by Extortion →
• Forgery →
• Bad Checks →
• Credit Card Fraud →
• Insurance Fraud →
• Identity Theft →
• Money Laundering →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.