Is Computer Hacking a Felony?

Background

• Most hackers are law-abiding programmers who are proficient at developing solutions to a programming problem. However, some hackers are defined by their ability to hack into a computer system or network, without authorization, for malicious purposes. They are able to do this because they understand the vulnerable points of the system. The Computer Fraud and Abuse Act was specifically intended to target hackers who crack computer systems illegally. Many states have modeled their own anti-hacking laws after the federal law.
  
  

Federal Law

• The most serious hacking crimes, which are considered felonies, under the Computer Fraud and Abuse Act involve hacking that is connected with espionage and obtaining classified information resulting in "injury of the United States, or to the advantage of any foreign nation." In the original law, a first offense of this kind carried a maximum penalty of a 10-year prison term. However, the USA Patriot Act of 2001 amended the law so that it would be a penalty punishable by a maximum 20-year prison term.
  
  

Aggravating Factors

• According to a U.S. Department of Justice analysis of the federal law, hacking a computer system to obtain information of "minimal value" is only a misdemeanor. However, certain "aggravating factors" can elevate it to a felony. If the hack was committed with the intent of commercial or financial gain, if the value of the information obtained exceeds $5,000 or if the activity violated federal or state laws, it could be considered a felony. In addition, if a person illegally accesses a computer system and causes intentional or reckless damage, this can be prosecuted as a felony. However, if the person hacks into a system and causes negligent damage, it can be a misdemeanor, according to the Department of Justice analysis.
  
  

State Laws

• Computer hacking laws vary by state, but most states consider hacking a felony if it resulted in serious damage or large amounts of money stolen. For instance, Delaware considers computer hacking to be a felony if the total damages exceed $1,500, according to CriminalDefenseLawyer.com. If the damages caused by the hacking are below $1,500, it's a misdemeanor. Indiana considers computer hacking connected with terrorism to be a more serious felony than other hacking cases. If the terrorism-connected hacking results in bodily injury, the felony is more severe.