State and federal statutes are constantly changing in response to new technology and digital capabilities. One area where this is most apparent is in the laws impacting phishing scams. Over the past 15 years, New York City Phishing Scam Lawyer for phishing scams has seen rapid change in how fraud and computer crime laws are applied to individuals suspected of email, social media, and other phishing scams are carried out.
At Koch Law, our legal team has made a deliberate effort to stay updated on NY laws, as applied to phishing scams, identity fraud and theft, intellectual property crimes, and other white-collar crimes carried out online. Our extensive information on these NY statutes leads to a top-quality defense for our clients charged with one or multiple criminal offenses in NY.
Understanding Phishing Scams in NY
If you are charged with a phishing scam, the actions or incidents leading to the charges could be confusing. Actions such as:
- Deceptive marketing practices;
- Impersonation of a separate, legitimate business;
- Request for login credentials;
- Dishonesty or false claims on social media;
- Email spam;
- Misrepresentations in business communication; and
- Requests for money,
could all lead to NY fraud charges for a phishing scam, as the line between forceful marketing techniques and dishonesty is becoming harder to identify. However, some actions still clearly cross the line as phishing scams in NY, such as carrying out any of the following actions with the intent to cause harm to the victim or reap a financial windfall:
- Using an email address to send a fraudulent wire transfer;
- Intentionally sending documents that contain malware, spyware, or other viruses
- Attempting to obtain personal information to hack a computer system or program;
- Redirecting users that click a link to a malicious website; or
- Intentionally creating confusion about the identity of an email sender or business.
If you need further information about the difference between strong marketing tactics, actions that may mislead a recipient, and scams that fall under criminal law, a New York City Phishing Scam Lawyer can help.
NY Law on Phishing Scams
Under the NY Penal Law, phishing scams are often prosecuted under the laws that criminalize acts of fraud and intentional misrepresentation. These broad laws are sometimes specific to computer and cyber crimes, such as those that also criminalize cyber warfare, cyber terrorism, and other computer fraud. In other instances, NY’s general fraud statute is applied to suspected phishing scams.
- Computer trespass: Under Section 156 of the NY Penal Law, computer trespass is any unauthorized use of a computer, computer program, or computer network to commit a separate felony offense, such as theft. Phishing scams that utilize malware or malicious websites are often prosecuted under this specific statute.
- Computer tampering: Phishing scams that involve misuse of computers or computer networks can also be prosecuted under NY’s computer tampering laws. Under Sections 165.20 through 165.27, computer tampering can be charged in the fourth, third, second, or first degree. The severity of the charges for computer tampering is related to the amount of harm to the victim.
- Unlawful duplication of computer related material: Charged in either the second or first degree, unlawful duplication of computer related material is coping medical records, computer data, or a computer program for the purpose of committing a criminal offense. Charges for unlawful duplication of computer related material in a phishing scam can either be a misdemeanor or felony offense.
- Criminal impersonation: NY phishing scams are often charged as criminal impersonation, either in the second or first degree. Criminal impersonation involves assuming the identity or pretending to be someone else for the purpose of defrauding the victim. This can be a representation of an individual or an entity and is among a number of fraud offenses in the NY Penal Law.
Defense in NY to Phishing Scams
You need a strong defense to charged of phishing scams in NY. Not only can these charges result in fines or payment of administrative fees, but a number of the fraud and computer fraud charges in NY also lead to lengthy jail or prison sentences. To help in your defense, you need a New York City Phishing Scam Lawyer, such as the team at Koch Law. To schedule your free and confidential initial consultation, contact Koch Law using the link below. Schedule a Free Consultation with Koch Law.