Computer hacking, codified in most jurisdictions as unauthorized computer access or unauthorized access to a computer system, is the offense of intentionally accessing a computer, network, or protected data without permission, or exceeding the access one is authorized to have, regardless of whether the access is used to steal data, cause damage, or simply to demonstrate the intrusion was possible. Many statutes grade the offense by the harm caused or the intent behind the access, distinguishing unauthorized access alone from access committed to obtain financial information, to damage or disable a system, or to further another offense such as fraud or extortion, with the more serious variants generally carrying substantially harsher penalties. The offense is among the foundational categories of cybercrime, and its legal development has had to continually adapt to evolving technology, since concepts developed for physical trespass and property crime translate imperfectly to unauthorized access of intangible data and remote systems, a challenge most major cybercrime statutes were specifically drafted to address from the 1980s and 1990s onward. Computer hacking investigations rely on the forensic discipline of digital forensics to trace an intrusion through system logs, network traffic, and recovered data, and the offense sits at the root of many other named cyber offenses, since unauthorized access is frequently the first step toward a subsequent offense such as data theft, ransomware deployment, or further fraud.
Facts
Classification CodeFederal law does not use the word hacking as a statutory term; unauthorized computer access is instead codified as a felony under 18 U.S.C. 1030 of the Computer Fraud and Abuse Act, with a graduated penalty structure that imposes a materially harsher maximum sentence for a repeat conviction than for a first offense under the same subsection. 2 Typical PenaltyA first conviction under the Computer Fraud and Abuse Act's basic unauthorized-access provisions, 18 U.S.C. 1030(a)(4) or (a)(7), carries up to five years' imprisonment, rising to ten years for a repeat conviction under the same subsections. 2 Elements of OffenseIn a legal context, hacking is utilizing an unconventional or illicit means to gain unauthorized access to a digital device, computer system, or network, and the offense turns on the access itself being unauthorized or exceeding what was authorized, not on any further harm the intrusion may or may not cause. 3 Notable ExampleRobert Tappan Morris's self-replicating worm, released while he was a graduate student at Cornell University on November 2, 1988, disrupted a large share of the internet's then-connected computers and resulted in United States v. Morris, the first felony conviction in the United States under the 1986 Computer Fraud and Abuse Act; after appeals, Morris was sentenced to three years' probation, 400 hours of community service, and a roughly $10,050 fine. 4 Jurisdiction VariationEngland and Wales criminalize the same core conduct under section 1 of the Computer Misuse Act 1990 as unauthorised access to computer material, but treat it as a far less severe offense than the American approach: a maximum of twelve months' imprisonment in England (six months in Scotland) plus a fine, against the ten-to-twenty-year federal felony exposure a first or repeat offense can carry in the United States under 18 U.S.C. 1030. 5 Classification
Offense GradeSerious or Indictable Offense 1 Connections
Associated With
Source Wikipedia: Cybercrime
Has Offense Grade
Entity-backed identity for the offense-grade enum value this offense already carries, resolved to a crime concept by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The offense-grade fact itself stays on the offense unchanged.
In the Other Atlases
Sources
1. Security Hacker (Wikipedia)
Wikipedialead paragraph, first sentence, Security hacker articleQuote, lead paragraph, first sentence, Security hacker article
A security hacker or security researcher is someone who explores methods for breaching or bypassing defenses and exploiting weaknesses in a computer system or network.
View the Source 2. 18 U.S. Code section 1030 (Cornell LII)
Cornell Law School, Legal Information Institute18 U.S.C. 1030(c)(1)(A), first offense
a fine under this title or imprisonment for not more than ten years, or both
18 U.S.C. 1030(c)(3)(A), first offense under (a)(4)/(a)(7)
a fine under this title or imprisonment for not more than five years, or both, in the case of an offense under subsection (a)(4) or (a)(7) of this section which does not occur after a conviction
View the Source 3. Cornell LII Wex: Hacking
Cornell Law School, Legal Information InstituteWex definition, opening sentenceQuote, Wex definition, opening sentence
In a legal context, hacking is a term for utilizing an unconventional or illicit means to gain unauthorized access to a digital device, computer system, or network.
View the Source 4. Morris Worm (Wikipedia)
WikipediaProsecution and sentencingQuote, Prosecution and sentencing
resulted in the first felony conviction in the US under the 1986 Computer Fraud and Abuse Act.
View the Source 5. Computer Misuse Act 1990 (Wikipedia)
WikipediaComputer Misuse Act 1990, section 1 penaltyQuote, Computer Misuse Act 1990, section 1 penalty
unauthorised access to computer material, punishable by twelve months' imprisonment (or six months in Scotland) and/or a fine "not exceeding level 5 on the standard scale" (since 2015, unlimited)
View the Source Wikipedia: Cybercrime
Associated With: Cybercrime, Lead and law-enforcement sectionsQuote, Associated With: Cybercrime, Lead and law-enforcement sections
Cybercrime encompasses a wide range of criminal activities that are carried out using digital devices and/or networks.
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