What Is the Punishment for Hacking in Nebraska?

Hacking Laws and Punishment in Nebraska

Over the last two decades, the United States – and much of the rest of the world – has become dependent on computers in all facets of daily life.

The internet has become our information highway. The ubiquitous nature of computers has certainly enriched our lives; however, it has also led to a whole new type of criminal.

“Computer crimes” is the fastest growing category of crimes in the U.S. Consequently, the laws are changing so fast that even the perpetrators may not know that what they are doing is illegal.

An Omaha internet crime attorney at Petersen Law Office explains the elements of, and punishments for, the crime of “hacking” and related criminal offenses.

Nebraska Law –The Computer Crimes Act

The Computer Crimes Act, found in Nebraska Revised Statutes 28-1343 et seq., governs unauthorized computer access (hacking) and related crimes. Some of the more frequently violated sections of that Act include:

• Section 28-1343.01 — Unauthorized Access
  • A person commits the crime of unauthorized access if they “intentionally and without authority penetrates a computer security system.”
  • If committed in a manner that “creates a grave risk of causing the death of a person” it is a Class IV felony.
  • If committed in a manner that creates a “risk to public health and safety” it is a Class I misdemeanor.
  • If committed in a manner that “compromises the security of data” it is a Class II misdemeanor.
• Section 28-1344 — Depriving or Obtaining Property or Services
  • Any person who intentionally accesses or causes to be accessed, directly or indirectly, any computer, computer system, computer software, or computer network without authorization or who, having accessed any computer, computer system, computer software, or computer network with authorization, knowingly and intentionally exceeds the limits of such authorization shall be guilty of an offense if he or she intentionally:
    • Deprives another of property or services;
    • Obtains property or services of another.
  • Class III felony when the value of the property or services involved is $5,000 or more.
  • Class IV felony when the value of the property or services involved is $1,500 or more, but less than $5,000.
  • Class I misdemeanor when the value of the property or services involved is $500 or more, but less than $1,500.
  • Class II misdemeanor when the value of the property or services involved is less than $500.
• 28-1345 – Harming or Disrupting Operations
  • Any person who accesses or causes to be accessed any computer, computer system, computer software, or computer network without authorization or who, having accessed any computer, computer system, computer software, or computer network with authorization, knowingly and intentionally exceeds the limits of such authorization shall be guilty of an offense if he or she intentionally:
    • Alters, damages, deletes, or destroys any computer, computer system, computer software, computer network, computer program, data, or other property;
    • Disrupts the operation of any computer, computer system, computer software, or computer network;
    • Distributes a destructive computer program with intent to damage or destroy any computer, computer system, computer network, or computer software.
  • Class III felony when the value of the loss caused is $5,000 or more.
  • Class IV felony when the value of the property or services involved is $1,500 or more, but less than $5,000.
  • Class I misdemeanor when the value of the property or services involved is $500 or more, but less than $1,500.
  • Class II misdemeanor when the value of the property or services involved is less than $500.

Penalties for a Conviction

The penalties for a conviction for “hacking” will depend on which section of the Computer Crimes Act you violated and the level of the offense, as follows:

• Class III felony – up to four years in prison and/or a fine of up to $25,000 fine
• Class IV felony – up to two years in prison and/or up to a $10,000 fine
• Class I Misdemeanor – up to a year in jail and/or up to a $1,000 fine
• Class II Misdemeanor – up to six months in jail and/or up to a $1,000 fine

Contact an Omaha Internet Crime Attorney at Petersen Law Office

If you have been charged with “hacking” or another internet crime in Nebraska, consult with an experienced Omaha internet crime attorney as soon as possible to discuss your legal options. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case.

Thomas M. Petersen

Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.

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