C.G.S. § 53a-253 — Computer Crime in the Second Degree (Class C Felony)

Under § 53a-253, certain computer-related offenses become Computer Crime in the Second Degree when the damage to—or the value of—property or computer services involved is more than $5,000 (generally up to $10,000; above that, First Degree usually applies). It’s a Class C felony.
Translation: If prosecutors can show you committed a “computer crime” (as defined in § 53a-251) and the loss/value clears $5,000, they can charge the second-degree version. Degree and valuation are determined using companion provisions in the same chapter.
What the State Must ProveTo convict under § 53a-253, the State generally has to establish that you:
- Committed a “computer crime” as defined in § 53a-251 (e.g., unauthorized access, misuse, damaging data or systems, theft of computer services), and
- The damage to or value of property or computer services involved exceeded $5,000.
- Classification: Class C felony
- Exposure: Up to 10 years imprisonment and up to $10,000 in fines
- Other possibilities: Restitution orders, probation with technology conditions, and in some cases enhanced penalties under separate recidivist statutes
- Unauthorized access with financial impact: Using someone else’s credentials to transfer funds or steal digital assets where losses total over $5,000.
- Data destruction or ransomware-type damage: Deleting or encrypting business files, causing costly recovery or downtime that pushes losses beyond the threshold.
- Theft of computer services: Piggybacking on paid cloud/SaaS/compute resources at a scale that exceeds $5,000 in value.
Remember: The dollar amount drives the degree (First Degree usually involves losses above $10,000; lower degrees scale down).
Evidence & Defense Angles That Move the Needle- Valuation fights: Does the State’s number really exceed $5,000? Are they counting speculative loss, internal labor, or double-counting downtime?
- Attribution/identity: Can they prove you were the user behind the login/IP/device? Shared accounts and NAT’d networks create reasonable doubt.
- Authorization & scope: Written policies, implied permissions, vendor access, or role-based rights can undercut “unauthorized” use.
- Intent vs. accident: Misconfigurations and admin errors happen; negligence is not the same as criminal intent.
- Forensics integrity: Chain of custody, logging gaps, clock drift, image/hash verification, and whether the artifacts actually corroborate the narrative.
- Provable § 53a-253: Ex-employee logs in post-termination and deletes client folders; paid recovery + lost business totals $7,900.
- Provable § 53a-253: Nightly script pulls proprietary reports to a personal drive, later sold; demonstrated value of data exceeds $6,200.
- Provable § 53a-253: Unauthorized cloud compute on a company account for crypto mining; invoices show $5,600 in charges.
- Down-charge or defense: IT contractor runs a scheduled script believing test credentials were authorized; logs show no exfiltration and vendor emails support implied permission—valuation disputed and likely below $5,000.
- § 53a-252 – Computer Crime, 1st Degree (typically > $10,000)
- § 53a-254 / § 53a-255 / § 53a-256 – 3rd/4th/5th Degree (lower thresholds or different culpability)
- § 53a-251 – Computer Crime (definitions and modes of commission)
They must prove the degree-setting amount (here, over $5,000). We often contest methodology and what properly counts toward “value” or “damage.”
2) What if the Business’s “Loss” Includes Internal Time?Valuation is nuanced. Some internal costs can be challenged; speculative loss is different from provable value.
3) Can This Be Reduced to a Lower Degree?Yes. Negotiations frequently turn on valuation disputes, restitution, mitigation, and cooperation.
4) Is Restitution Required?Courts often order restitution where losses are provable; early structured repayment can help with degree and disposition.
5) What if Multiple People Shared the Login?Attribution is key. We scrutinize IP logs, device IDs, MFA artifacts, and account-sharing history to test identity claims.
6) Could a Misconfiguration Make Me Criminally Liable?Accident or negligence isn’t the same as intentional “computer crime.” Intent and authorization context matter.
7) Will I Go to Prison on a First Offense?Class C felonies carry up to 10 years and $10,000 fines, but first-time outcomes vary—diversions, suspended time, or probation may be possible depending on facts and restitution.
8) How Fast Should I Hire an Expert?Early. Preserving logs, images, and cloud metadata quickly can make or break valuation and attribution.
9) Can Cooperation With the Victim Help?Often. Reasonable restitution and security remediation can shift leverage toward a lower degree or favorable resolution.
10) Will This Affect Professional Licenses or Immigration?Felony convictions can create collateral fallout. We tailor strategy with those risks in mind.
Call to ActionIf you’re being investigated or charged under C.G.S. § 53a-253, get experienced help before you speak to law enforcement or a corporate investigator. I’ll move fast to preserve evidence, challenge valuation, and protect your record.
Call Attorney Allan F. Friedman at (203) 357-5555 or reach me through the Contact Page for a confidential strategy session today.
For an overview of arraignments, bond, and what to expect next, see our Criminal Defense home page.
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