Hacking is accessing computer systems without authorization, often with the intention to alter systems, defraud users or maliciously cause disruption to systems. State laws apply different penalties based on the severity of damage caused by the hacking. In some cases, the penalties can rise to a felony if the hacking interfered with governmental operations or if the act resulted in physical injury to innocent parties.
Computer Hacking Penalties by State
Below are a few state penalties for illegal computer hacking:
Alaska - Class C felony
Arizona - Class 3 felony if done with the intent to defraud. Class 4 felony if done with the intent to damage, alter, destroy, introduce contaminant, or cause disruption of network or system. Class 2 if tampered system is a critical infrastructure resource.
California - Various penalties include up to $10,000 in fines and/or up to 16 months (alternatively 2 or 3 years) imprisonment
Delaware - Class D felony if damages over $10,000. Class E felony if damages over $5,000. Class G felony if damages over $1,500. Class A misdemeanor if damages below $1,500.
Hawaii - Class B felony
Indiana - Class D felony. If purpose is terrorism, Class C felony. If the purpose is terrorism that results in bodily injury, Class B felony.
Kentucky - Class C felony
Louisiana - A fine up to $500 and/or up to 6 months imprisonment. If the damage exceeds $500, the fine is up to $10,000 and up to 5 years imprisonment.
Massachusetts - A fine up to $$3,000 and/or up to 2.5 years imprisonment
Mississippi - A fine up to $1,000 and/or up to 6 months imprisonment. If damages exceed $100, a fine up to $10,000 and/or 5 years imprisonment.
New Jersey - civil action for compensatory and punitive damages
Oklahoma - A fine up to $5,000 and/or up to 5 years imprisonment
Vermont - civil penalties
Washington - Gross misdemeanor
Wyoming - A fine up to $3,000 and/or up to 3 years imprisonment. If intent to defraud, a fine up to $10,000 and/or up to 10 years imprisonment.
Federal Statute 2B1.1. - Protected Computer - Civil Penalty
Protected Computer Cases.--In the case of an offense involving unlawfully accessing, or exceeding authorized access to, a "protected computer" as defined in 18 U.S.C. § 1030(e)(2), actual loss includes the following pecuniary harm, regardless of whether such pecuniary harm was reasonably foreseeable: reasonable costs to the victim of conducting a damage assessment, and restoring the system and data to their condition prior to the offense, and any lost revenue due to interruption of service.
(B) Gain.--The court shall use the gain that resulted from the offense as an alternative measure of loss only if there is a loss but it reasonably cannot be determined.
(C) Estimation of Loss.--The court need only make a reasonable estimate of the loss. The sentencing judge is in a unique position to assess the evidence and estimate the loss based upon that evidence.
Talk to a Lawyer
Computer hacking is a serious charge that can incur not only fines but actual jail time. If the crime was against a protected computer, federal statute allows civil action for not only actual loss but pecuniary damages. Talk with an attorney familiar with your state's hacking laws to determine any criminal or civil repercussions in your case.
