Second Degree Unlawful Duplication of Computer Related Materials: NY Penal Law 156.29
It would be laughable to call an arrest for Second Degree Unlawful Duplication of Computer Related Materials, New York Penal Law 156.29, the “best” type of arrest in New York for any computer crime, but it is in fact the lowest level or degree offense found in New York Penal Law Article 156.00. Because PL 156.29 is a class “B” misdemeanor punishable by 90 days in jail and not a year, four, seven or fifteen years incarceration, however, by no means reflects that the crime itself is insignificant. Before even defining Second Degree Unlawful Duplication of Computer Materials or analyzing your case with a criminal defense attorney or computer crimes lawyer, pause for a moment. Should you be convicted, ask yourself how you will answer why you have a lifelong criminal record to future and perspective employers, the Department of Homeland Security or an immigration judge if you seek to renew your visa or green card, or any organization or agency such as FINRA that oversees professional certification or licensing.
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Now that your eyes are wide open, it’s not only the possibility of incarceration, one year probation, or community service that should give you pause, but the mere conviction for PL 156.29 that you should have a healthy respect for and urgency to identify and implement a defense against.Understanding New York Penal Law 156.29
According to New York Penal Law 156.29, you are guilty of Second Degree Unlawful Duplication of Computer Related Materials when without a right to do so, you copy, reproduce or duplicate, irrespective of how, computer material that specifically contains records of medical history or treatment of a person or persons whom can be readily identified. In doing so you must also have the intent to commit or further the commission of any New York Penal Article Law 156.00 computer crime.
A reading of the New York Penal Law above clearly demonstrates that Second Degree Unlawful Duplication of Computer Related Materials is associated with other crimes and, as discussed above, ones that have greater sentences or are felonies. That said, with the right amount of evidence, prosecutors can hoist up this class “B” misdemeanor to a class “E” felony of First Degree Unlawful Duplication of Computer Related Materials, New York Penal Law 156.30, fairly easily.
Whether the police arrest you for New York Penal Law 156.30 or prosecutors later charge this felony offense, you are guilty of First Degree Unlawful Duplication of Computer Related Materials if you reproduce or duplicate as reflected above any computer data or program, regardless of its medical nature, and deprive the owner of an economic value or benefit in excess of $2,000.00. Additionally, a theory of this higher offense can rest in the allegation that you committed the crime with an intent or attempt to commit a felony.New York Penal Law 156.29: Preventing Bad from Becoming Worse
While it may potentially be more likely that if arrested for an Unlawful Duplication of Computer Related Material crime you would face a felony charge or that prosecutors would charge you with an additional crime or crimes, a central part of your defense to PL 156.29 may not merely be pushing back on this allegation, but best ensuring that you limit your exposure to other offenses. Whatever your defense may be, whether you were given a Desk Appearance Ticket or processed through Central Booking, and however you and your computer crime defense lawyer believe your defense should be implemented, take the initiative to protect your rights, future, career and family.
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Whatever you do, make no mistake. There is no substitute for advocacy, knowledge and experience. Call on the New York criminal lawyers and former Manhattan prosecutors at Crotty Saland PC to put you in the best place to confront your computer crime arrest.
Call our New York computer crime lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today.