What is Malware?
Malware is malicious software such as viruses, keyloggers, spyware, trojan horses, ransomware, cryptominers, among others. These are software that damage the user's digital property (their files), steal their information, is used to steal access to their accounts, invade their privacy, exploit their computer's resources, or otherwise harm the user. As such, spreading malware is considered a cybercrime.
Observation: adware (software that displays ads) is sometimes considered malware, altough it's a legitimate monetization practice such that the display of ads will be included in the Terms of Service of the software. Adware by itself isn't a cybercrime.
Quotes
New York’s penal code does not have a specific malware offense. Instead, those who are accused of the distribution of malicious software can be charged with:
https://nyccriminallawyer.com/white-collar-crimes/distribution-malicious-software/ (accessed 2025-03-16)
- Unauthorized use of a computer [...]
- Computer trespass [...]
- Computer tampering [...]