New jersey criminal charge
Wrongful access, disclosure of information; degree of crime; sentencing in New jersey
Wrongful access, disclosure of information; degree of crime; sentencing is a criminal offense under New jersey law, defined by N.J.S.A. 2C:20-31. 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:20-31.
What is the penalty for wrongful access, disclosure of information; degree of crime; sentencing in New jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 3 years to 5 years (Wrongful access and disclosure — general — Applies when a person purposely or knowingly, without or in excess of authorization, accesses covered computer systems/data and knowingly or recklessly discloses data, software, programs, or personal identifying information.; 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) (Wrongful access and disclosure — general — Applies when a person purposely or knowingly, without or in excess of authorization, accesses covered computer systems/data and knowingly or recklessly discloses data, software, programs, or personal identifying information.; 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 (Wrongful access and disclosure — legally protected information — Applies when the disclosed data, software, program, or other information is protected from disclosure by law, court order, or rule of court, and the access and disclosure were purposeful or knowing.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to 150000 usd (no statutory minimum) (Wrongful access and disclosure — legally protected information — Applies when the disclosed data, software, program, or other information is protected from disclosure by law, court order, or rule of court, and the access and disclosure were purposeful or knowing.; 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 wrongful access, disclosure of information; degree of crime; sentencing classified in New jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Wrongful access and disclosure — general | crime of the third degree | Applies when a person purposely or knowingly, without or in excess of authorization, accesses covered computer systems/data and knowingly or recklessly discloses data, software, programs, or personal identifying information. | N.J.S.A. 2C:20-31undefined |
| Wrongful access and disclosure — legally protected information | crime of the second degree | Applies when the disclosed data, software, program, or other information is protected from disclosure by law, court order, or rule of court, and the access and disclosure were purposeful or knowing. | N.J.S.A. 2C:20-31undefined |
Common questions about wrongful access, disclosure of information; degree of crime; sentencing in New jersey
What degree of offense is wrongful access, disclosure of information; degree of crime; sentencing in New Jersey?
It depends on the circumstances: wrongful access, disclosure of information; degree of crime; sentencing ranges from a crime of the third degree to a crime of the second degree in New Jersey under N.J.S.A. 2C:20-31.
Wrongful access and disclosure — general: crime of the third degree (N.J.S.A. 2C:20-31) · Wrongful access and disclosure — legally protected information: crime of the second degree (N.J.S.A. 2C:20-31)
What are the penalties for wrongful access, disclosure of information; degree of crime; sentencing in New Jersey?
Penalties for wrongful access, disclosure of information; degree of crime; sentencing in New Jersey depend on how it is classified — from a crime of the third degree up to a crime of the second 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 wrongful access, disclosure of information; degree of crime; sentencing?
Wrongful access, disclosure of information; degree of crime; sentencing is governed by N.J.S.A. 2C:20-31 (Wrongful access, disclosure of information; 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.