This statement from the US justice department states:
AARON SWARTZ, 24was charged in an indictment with wire fraud, computer fraud, unlawfully obtaining information from a protected computer, and recklessly damaging a protected computer. If convicted on these charges, SWARTZ faces up to 35 years in prison, to be followed by three years of supervised release, restitution, forfeiture and a fine of up to $1 million
JSTOR is not pressing charges and has issued this statement.
See also New York Times article: Internet Activist Charged in MIT Data Theft