New jersey criminal charge
Computer criminal activity; degree of crime; sentencing in New jersey
Computer criminal activity; degree of crime; sentencing is a criminal offense under New jersey law, defined by N.J.S.A. 2C:20-25. Its classification is not fixed: New jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:20-25.
What is the penalty for computer criminal activity; degree of crime; sentencing in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 3 years to 5 years (Subsection a. violation — Purposely or knowingly accessing without authorization any data, computer, or computer network under subsection a.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Subsection a. violation — Purposely or knowingly accessing without authorization any data, computer, or computer network under subsection a.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Subsection b. violation — Altering, damaging, destroying data or denying/disrupting/impairing computer services under subsection b.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Subsection b. violation — Altering, damaging, destroying data or denying/disrupting/impairing computer services under subsection b.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Subsection c. violation - base — Accessing or attempting to access a computer system to execute a fraud scheme or obtain services/property/money, where the value does not exceed $5,000.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Subsection c. violation - base — Accessing or attempting to access a computer system to execute a fraud scheme or obtain services/property/money, where the value does not exceed $5,000.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Subsection c. violation - value exceeds $5,000 — Violation of subsection c. where value of services/property/money obtained or sought exceeds $5,000.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Subsection c. violation - value exceeds $5,000 — Violation of subsection c. where value of services/property/money obtained or sought exceeds $5,000.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Subsection e. violation - base — Obtaining, taking, copying or using data/information stored in a computer, absent the aggravating factors listed in subsection e.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Subsection e. violation - base — Obtaining, taking, copying or using data/information stored in a computer, absent the aggravating factors listed in subsection e.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Subsection e. violation - sensitive/valuable data — Violation of subsection e. where the data involves personal identifying/medical information, protected governmental records, or has value exceeding $5,000.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Subsection e. violation - sensitive/valuable data — Violation of subsection e. where the data involves personal identifying/medical information, protected governmental records, or has value exceeding $5,000.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (no statutory minimum) (Subsection f. violation - base — Reckless alteration, damage or destruction of data/computer systems under subsection f. where damage value does not exceed $5,000.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to 10000 usd (no statutory minimum) (Subsection f. violation - base — Reckless alteration, damage or destruction of data/computer systems under subsection f. where damage value does not exceed $5,000.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Subsection f. violation - damage exceeds $5,000 — Violation of subsection f. where the value of the damage exceeds $5,000.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 15000 usd (no statutory minimum) (Subsection f. violation - damage exceeds $5,000 — Violation of subsection f. where the value of the damage exceeds $5,000.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 10 years to 20 years (Any subsection - first degree aggravated outcomes — Violation of any subsection resulting in substantial interruption or impairment of public services, damages exceeding $250,000, or significant bodily injury to any person.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 200000 usd (no statutory minimum) (Any subsection - first degree aggravated outcomes — Violation of any subsection resulting in substantial interruption or impairment of public services, damages exceeding $250,000, or significant bodily injury to any person.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is computer criminal activity; degree of crime; sentencing classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Subsection a. violation | crime of the third degree | Purposely or knowingly accessing without authorization any data, computer, or computer network under subsection a. | N.J.S.A. 2C:20-25undefined |
| Subsection b. violation | crime of the second degree | Altering, damaging, destroying data or denying/disrupting/impairing computer services under subsection b. | N.J.S.A. 2C:20-25undefined |
| Subsection c. violation - base | crime of the third degree | Accessing or attempting to access a computer system to execute a fraud scheme or obtain services/property/money, where the value does not exceed $5,000. | N.J.S.A. 2C:20-25undefined |
| Subsection c. violation - value exceeds $5,000 | crime of the second degree | Violation of subsection c. where value of services/property/money obtained or sought exceeds $5,000. | N.J.S.A. 2C:20-25undefined |
| Subsection e. violation - base | crime of the third degree | Obtaining, taking, copying or using data/information stored in a computer, absent the aggravating factors listed in subsection e. | N.J.S.A. 2C:20-25undefined |
| Subsection e. violation - sensitive/valuable data | crime of the second degree | Violation of subsection e. where the data involves personal identifying/medical information, protected governmental records, or has value exceeding $5,000. | N.J.S.A. 2C:20-25undefined |
| Subsection f. violation - base | crime of the fourth degree | Reckless alteration, damage or destruction of data/computer systems under subsection f. where damage value does not exceed $5,000. | N.J.S.A. 2C:20-25undefined |
| Subsection f. violation - damage exceeds $5,000 | crime of the third degree | Violation of subsection f. where the value of the damage exceeds $5,000. | N.J.S.A. 2C:20-25undefined |
| Any subsection - first degree aggravated outcomes | crime of the first degree | Violation of any subsection resulting in substantial interruption or impairment of public services, damages exceeding $250,000, or significant bodily injury to any person. | N.J.S.A. 2C:20-25undefined |
Common questions about computer criminal activity; degree of crime; sentencing in New jersey
What degree of offense is computer criminal activity; degree of crime; sentencing in New Jersey?
It depends on the circumstances: computer criminal activity; degree of crime; sentencing ranges from a crime of the fourth degree to a crime of the first degree in New Jersey under N.J.S.A. 2C:20-25.
Subsection a. violation: crime of the third degree (N.J.S.A. 2C:20-25) · Subsection b. violation: crime of the second degree (N.J.S.A. 2C:20-25) · Subsection c. violation - base: crime of the third degree (N.J.S.A. 2C:20-25) · Subsection c. violation - value exceeds $5,000: crime of the second degree (N.J.S.A. 2C:20-25) · Subsection e. violation - base: crime of the third degree (N.J.S.A. 2C:20-25) · Subsection e. violation - sensitive/valuable data: crime of the second degree (N.J.S.A. 2C:20-25) · Subsection f. violation - base: crime of the fourth degree (N.J.S.A. 2C:20-25) · Subsection f. violation - damage exceeds $5,000: crime of the third degree (N.J.S.A. 2C:20-25) · Any subsection - first degree aggravated outcomes: crime of the first degree (N.J.S.A. 2C:20-25)
What are the penalties for computer criminal activity; degree of crime; sentencing in New Jersey?
Penalties for computer criminal activity; degree of crime; sentencing in New Jersey depend on how it is classified — from a crime of the fourth degree up to a crime of the first degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers computer criminal activity; degree of crime; sentencing?
Computer criminal activity; degree of crime; sentencing is governed by N.J.S.A. 2C:20-25 (Computer criminal activity; degree of crime; sentencing).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.