Question to answer based on the given: Could you elaborate on the mental state piece? Is that getting to intent?
The New York State penal law encapsulates what entails computer crime. In NYS, an individual will be found guilty of computer tampering if used, accessed, or gained entry without authorization. Such access involves instructing, communicating, storage, retrieval, or usage of computer resources. Permission is one of the keywords because bypasses and fraudulent entry are not allowed. In such scenarios, guilt is when such individuals access a computer network, service, or device, and it is categorized as a misdemeanor or felony depending on the severity. Computer trespassing is in the class E felony, and it emanates from infiltrating computers with the intent to commit felonies and knowingly gaining access (Casey, 2018). In the fourth degree tampering, the individual accesses a computer without authorization and proceeds to retrieve, alter or destroy data belonging to another individual or entity. Computer tampering in such a fourth-degree is categorized as a class A misdemeanor.
In the third degree, the individual is responsible for committing a felony, especially if they were guilty of a previous crime in the same field. Destruction of computer material and destroying data or damage that amounts to a thousand dollars is in class E felony. In the second degree, the damages should be worth an excess of three thousand dollars, guilty of damaging medical history or treatment records, and culpable of causing aggravated injury and risk. Such a second-degree crime is categorized as a class D felony. In the first degree, the individual is guilty of a crime beyond fifty thousand dollars and belongs to a class C felony (Curtis, 2021). Besides tampering, unlawful duplication is also prohibited. It is in the class B misdemeanor, in excess of two thousand five hundred dollars value; it is within class E felony. The same applies to criminal possession of computer-related material.
In contrast, Alaska also has a cyber-crimes code section 11.46.740 outlining the Alaskan cyber-crime statute. In Alaska, computer crimes are apprehended with a Class C felony. The definition is the unauthorized entry of computer data or networks with malicious attempts to retrieve sensitive data. Unlike the New York laws, Alaska’s statute is more generalized, as evidenced by the compounding of crimes. Instead of articulate specificity and distinctive description of each offense and its respective class, Alaska focuses on unique parameters such as the mental state, data encryption, or decryption and authorization. A cyber expert or an attorney would have an easier time understanding the Alaskan version because the New York code is more detailed and expansive (Doyle, 2019). One of the primary reasons for such differences is the locale and the risks involved. Both Alaska and New York have a clear definition of cyber-crime, but a felon in New York would most likely be amazed by the law’s level of clarity and detail concerning computer crimes. The simplicity of Alaskan rules makes the NYS code more potent, but both states are categorical that theft, destruction, and altercation are prohibited.
A comparative analysis reveals that Alaska and New York do not condone cyber-crime. New York is more vulnerable because of its population, location, and activity, thus the more emphasis on a broadened definition and classification of each possible computer crime. Alaska has also designated punishment for computer crimes but with less sophistication compared to New York. Regardless of the penal law structure for Alaska and New York, both are categorical that information and computer security is a priority.
1. Casey, E. (2018). Digital evidence and computer crime: Forensic science, computers, and the internet. NY: SAGE.
2. Curtis, G. (2021). The law of cybercrimes and their investigations. NJ: Ashgate.
3. Doyle, C. (2019). Cybercrime: An overview of the federal computer fraud and abuse statute and related federal criminal laws. Boston: Ashgate.For more information on federal criminal laws check on this :https://en.wikipedia.org/wiki/Federal_crime_in_the_United_States
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