N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Involving Theft / ARTICLE Offenses Involving Computers; Definition of Terms
New York Consolidated Laws

N.Y. Penal Law § 156.05 (2026)

Unauthorized use of a computer

✓ current as of May 2026
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§ 156.05 Unauthorized use of a computer.
  A person is guilty of unauthorized use of a computer when he or she
knowingly uses, causes to be used, or accesses a computer, computer
service, or computer network without authorization.
  Unauthorized use of a computer is a class A misdemeanor.
Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1989–2025 · leading case: People v. Johnson, 148 Misc. 2d 103 (N.Y. City Crim. Ct. 1990).
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People v. Johnson, 148 Misc. 2d 103 (N.Y. City Crim. Ct. 1990). · cites it 8× “This case presents two specific questions: (1) whether an information alleging the crime of unauthorized use of a computer (Penal Law § 156.05) should be dismissed for facial insufficiency on the ground that the information fails to aver in nonhearsay terms the element that the…”
People v. Golb, 15 N.E.3d 805 (NY 2014). · cites it 2× “Thus, the People did not sustain their burden of proof that defendant was guilty of unauthorized use of the NYU computers, and we therefore vacate defendant’s conviction under Penal Law § 156.05. Lastly, as pertinent here, a person commits identity theft in the second degree…”
Lawrence v. State, 180 Misc. 2d 337 (1999). · cites it 3× “Officer LaPointe acknowledged that as a result of his actions, in addition to the DOCS disciplinary proceeding, he was arrested and charged with unauthorized *340 use of a computer, a misdemeanor (Penal Law § 156.05). He eventually took an Alford plea to the violation of…”
People v. Versaggi, 629 N.E.2d 1034 (NY 1994). “Specifically, the Legislature created the offenses of unauthorized use of a computer (Penal Law § 156.05); computer trespass (Penal Law § 156.”
People v. Esposito, 144 Misc. 2d 919 (N.Y. Sup. Ct. 1989). · cites it 2× “10 (2) (17 counts), unauthorized use of a computer in violation of Penal Law § 156.05 (17 counts), falsifying business records in the first degree in violation of Penal Law § 175.”
People v. Klapper, 28 Misc. 3d 225 (N.Y. City Crim. Ct. 2010). · cites it 8× “In the case at bar, the defendant, Andrew Klapper, is charged with unauthorized use of a computer under Penal Law § 156.05. By omnibus motion, the defendant moves to dismiss the charge as facially insufficient and for various other relief.”
People v. Angeles, 180 Misc. 2d 146 (N.Y. City Crim. Ct. 1999). · cites it 4× “The defendant is charged with unauthorized use of a computer (Penal Law § 156.05), attempted criminal possession of *148 computer related material (Penal Law §§ 110.”
People v. Esposito, 146 Misc. 2d 847 (N.Y. Sup. Ct. 1990). “10 (2) and 17 counts of unauthorized use of a computer in violation of Penal Law § 156.05. It is alleged that defendant used the New York State Police Information Network (NYSPIN) to access criminal history information without an authorized criminal justice purpose.”
Williams v. NYC DSS-HRA, 2025 NY Slip Op 32320(U) (N.Y. Sup. Ct., New York Cty. 2025). · cites it 5× “In particular, Defendant contends that: Plaintiffs’ Penal Law claims (for alleged unauthorized computer access) are foreclosed because Penal Law §§ 156.05 and 156.10 create no private right of action; Plaintiffs’ fraud-in-the-inducement claim is insufficiently pleaded under CPLR…”
People v. Aleynikov, 49 Misc. 3d 286 (N.Y. Sup. Ct. 2015). “The Court’s application of the rule of lenity concerned its determination that the defendant was also not guilty of unauthorized use of a computer (Penal Law § 156.05). The Court held the defendant was not guilty of this crime because the statute’s requirement that a defendant…”
Calicchio v. Sachem Cent. Sch. Dist. (E.D.N.Y 2020). “Matthew’s Due Process Claim Matthew’s fourth cause of action asserts a violation of his Due Process rights under the Fourteenth Amendment when it expelled him in November 2013 without 4 "’[U]unauthorized use of a computer’ [Penal Law § 156.”
In re Golb, 81 A.D.3d 53 (N.Y. App. Div. 2011). “30 (1) (a), a class A misdemeanor; and unauthorized use of a computer (one count) in violation of Penal Law § 156.05, a class A misdemeanor.”
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