I thought it would be a cool project to collect all of the state
hacking/computer fraud laws I could find into one collapsible menu system. Just
click on the plus sign to expand the state's laws. I
plan to add 5 states per day while I'm on my vacation, so hopefully it won't
take be long to get to all of the states. Keep in mind, I'm not a lawyer and
offer no legal advice. If anyone finds any state laws I've missed please email
me with the statutes number and a link so I can add them.
Alabama
Section 13A-8-102
Offenses against intellectual property.
(a) Whoever willfully, knowingly, and without authorization or without
reasonable grounds to believe that he or she has such authorization,
attempts or achieves access, communication, examination, or modification
of data, computer programs, or supporting documentation residing or
existing internal or external to a computer, computer system, or
computer network commits an offense against intellectual property.
(b) Whoever willfully, knowingly, and without authorization or without
reasonable grounds to believe that he or she has such authorization,
destroys data, computer programs, or supporting documentation residing
or existing internal or external to a computer, computer system, or
computer network commits an offense against intellectual property.
(c) Whoever willfully, knowingly, and without authorization or without
reasonable grounds to believe that he or she has such authorization,
discloses, uses, or takes data, computer programs, or supporting
documentation residing or existing internal or external to a computer,
computer system, or computer network commits an offense against
intellectual property.
(d)(1) Except as otherwise provided in this subsection, an offense
against intellectual property is a Class A misdemeanor, punishable as
provided by law.
(2) If the offense is committed for the purpose of devising or executing
any scheme or artifice to defraud or to obtain any property, then the
offender is guilty of a Class C felony, punishable as provided by law.
(3) If the damage to such intellectual property is greater than two
thousand five hundred dollars ($2,500), or if there is an interruption
or impairment of governmental operation or public communication,
transportation, or supply of water, gas, or other public or utility
service, then the offender is guilty of a Class B felony, punishable as
provided by law.
(4) Whoever willfully, knowingly, and without authorization alters or
removes data causing physical injury to any person who is not involved
in said act shall be guilty of a Class A felony, punishable as provided
by law.
(Acts 1985, No. 85-383, p. 326, §3,; Act 2003-355, p. 962, §1.)
Section 13A-8-103
Acts constituting offense against computer equipment or supplies;
punishment.
(a)(1) Whoever willfully, knowingly, and without authorization or
without reasonable grounds to believe that he has such authorization,
modifies equipment or supplies that are used or intended to be used in a
computer, computer system, or computer network commits an offense
against computer equipment or supplies.
(2)a. Except as provided in this subsection, an offense against computer
equipment or supplies as provided in subdivision (a)(1) is a Class A
misdemeanor, punishable as provided by law.
b. If the offense is committed for the purpose of devising or executing
any scheme or artifice to defraud or to obtain any property, then the
offender is guilty of a Class C felony, punishable as provided by law.
(b)(1) Whoever willfully, knowingly, and without authorization or
without reasonable grounds to believe that he has such authorization,
destroys, uses, takes, injures, or damages equipment or supplies used or
intended to be used in a computer, computer system, or computer network,
or whoever willfully, knowingly, and without authorization or without
reasonable grounds to believe that he has such authorization, destroys,
injures, takes, or damages any computer, computer system, or computer
network commits an offense against computer equipment and supplies.
(2)a. Except as provided in this subsection, an offense against computer
equipment or supplies as provided in subdivision (b)(1) is a Class A
misdemeanor, punishable as provided by law.
b. If the damage to such computer equipment or supplies or to the
computer, computer system, or computer network is $2,500.00 or greater,
or if there is an interruption or impairment of governmental operation
or public communication, transportation, or supply of water, gas, or
other public utility service, then the offender is guilty of a Class B
felony, punishable as provided by law.
(Acts 1985, No. 85-383, §4, p. 326.)
Alaska
Sec. 11.46.740. Criminal use of computer.
(a) A person commits the offense of criminal use of a computer if,
having no right to do so or any reasonable ground to believe the person
has such a right, the person knowingly accesses, causes to be accessed,
or exceeds the person's authorized access to a computer, computer
system, computer program, computer network, or any part of a computer
system or network, and, as a result of or in the course of that access,
(1) obtains information concerning a person;
(2) introduces false information into a computer, computer system,
computer program, or computer network with the intent to damage or
enhance the data record or the financial reputation of a person;
(3) introduces false information into a computer, computer system,
computer program, or computer network and, with criminal negligence,
damages or enhances the data record or the financial reputation of a
person;
(4) obtains proprietary information of another person;
(5) obtains information that is only available to the public for a fee;
(6) introduces instructions, a computer program, or other information
that tampers with, disrupts, disables, or destroys a computer, computer
system, computer program, computer network, or any part of a computer
system or network; or
(7) encrypts or decrypts data.
(b) In this section, "proprietary information" means scientific,
technical, or commercial information, including a design, process,
procedure, customer list, supplier list, or customer records that the
holder of the information has not made available to the public.
(c) Criminal use of a computer is a class C felony.
Sec. 11.46.980. Determination of value; aggregation of amounts.
(a) In this chapter, whenever it is necessary to determine the value of
property, that value is the market value of the property at the time and
place of the crime unless otherwise specified or, if the market value
cannot reasonably be ascertained, the cost of replacement of the
property within a reasonable time after the crime.
(b) The value of written instruments, exclusive of public and corporate
bonds and securities and other instruments having a readily
ascertainable market value, shall be determined in the following manner:
(1) the value of an instrument constituting an evidence of debt,
including a check, draft, or promissory note, is the amount due or
collected on the instrument;
(2) the value of any other instrument that affects a valuable legal
right, privilege, or obligation shall be considered the greatest amount
of economic loss that the owner of the instrument might reasonably incur
because of the loss of the instrument.
(c) In determining the degree or classification of a crime under this
chapter, amounts involved in criminal acts committed under one course of
conduct, whether from the same person or several persons, shall be
aggregated.
Sec. 11.46.985. Deceiving a machine.
In a prosecution under this chapter for an offense that requires
"deception" as an element, it is not a defense that the defendant
deceived or attempted to deceive a machine. For purposes of this
section, "machine" includes a vending machine, computer, turnstile, or
automated teller machine.
Sec. 11.46.990. Definitions.
In this chapter, unless the context requires otherwise,
(1) "access" means to instruct, communicate with, store data in,
retrieve data from, or otherwise obtain the ability to use the resources
of a computer, computer system, computer network, or any part of a
computer system or network;
(2) "appropriate" or "appropriate property of another to oneself or a
third person" means to
(A) exercise control over property of another, or to aid a third person
to exercise control over property of another, permanently or for so
extended a period or under such circumstances as to acquire the major
portion of the economic value or benefit of the property; or
(B) dispose of the property of another for the benefit of oneself or a
third person;
(3) "computer" means an electronic device that performs logical,
arithmetic, and memory functions by the manipulation of electronic,
optical or magnetic impulses, and includes all input, output,
processing, storage, computer software, and communication facilities
that are connected or related to a computer;
(4) "computer network" means an interconnection, including by microwave
or other means of electronic or optical communication, of two or more
computer systems, or between computers and remote terminals;
(5) "computer program" means an ordered set of instructions or
statements, and related information that, when automatically executed in
actual or modified form in a computer system, causes it to perform
specified functions;
(6) "computer system" means a set of related computer equipment, devices
and software;
(7) "data" includes a representation of information, knowledge, facts,
concepts, or instructions, that is being prepared or has been prepared
in a formalized manner and is used or intended for use in a computer,
computer system, or computer network;
(8) "deprive" or "deprive another of property" means to
(A) withhold property of another or cause property of another to be
withheld from that person permanently or for so extended a period or
under such circumstances that the major portion of its economic value or
benefit is lost to that person;
(B) dispose of the property in such a manner or under such circumstances
as to make it unlikely that the owner will recover the property;
(C) retain the property of another with intent to restore it to that
person only if that person pays a reward or other compensation for its
return;
(D) sell, give, pledge, or otherwise transfer any interest in the
property of another; or
(E) subject the property of another to the claim of a person other than
the owner;
(9) "financial institution" means a bank, insurance company, credit
union, building and loan association, investment trust, or other
organization held out to the public as a place of deposit of funds or
medium of savings or collective investment;
(10) "financial reputation" means a person's
(A) ability to obtain a loan from a financial institution, open an
account with a financial institution, obtain property or services on
credit, or obtain an access device; or
(B) creditworthiness in a credit report.
(11) "intent to defraud", when necessary to constitute an offense, is
sufficiently established if an intent appears to defraud any person;
"intent to defraud" means
(A) an intent to injure someone's interest which has value or an intent
to use deception; or
(B) knowledge that the defendant is facilitating a fraud or injury to be
perpetrated or inflicted by someone else;
(12) "obtain" means
(A) in relation to property, to bring about a transfer or a purported
transfer of a legal interest in the property whether to the obtainer or
another or to exert control over property of another; or
(B) in relation to a service, to secure performance of the service;
(13) "property of another" means property in which a person has an
interest which the defendant is not privileged to infringe, whether or
not the defendant also has an interest in the property and whether or
not the person from whom the property was obtained or withheld also
obtained the property unlawfully; "property of another" does not include
property in the possession of the defendant in which another has only a
security interest, even if legal title is in the secured party under a
conditional sales contract or other security agreement; in the absence
of a specific agreement to the contrary, the holder of a security
interest in property is not privileged to infringe the debtor's right of
possession without the consent of the debtor;
(14) "stolen property" means property of another that was obtained
unlawfully.
A. A person who acts without authority or who exceeds authorization of
use commits computer tampering by:
1. Accessing, altering, damaging or destroying any computer, computer
system or network, or any part of a computer, computer system or
network, with the intent to devise or execute any scheme or artifice to
defraud or deceive, or to control property or services by means of false
or fraudulent pretenses, representations or promises.
2. Knowingly altering, damaging, deleting or destroying computer
programs or data.
3. Knowingly introducing a computer contaminant into any computer,
computer system or network.
4. Recklessly disrupting or causing the disruption of computer, computer
system or network services or denying or causing the denial of computer
or network services to any authorized user of a computer, computer
system or network.
5. Recklessly using a computer, computer system or network to engage in
a scheme or course of conduct that is directed at another person and
that seriously alarms, torments, threatens or terrorizes the person. For
the purposes of this paragraph, the conduct must both:
(a) Cause a reasonable person to suffer substantial emotional distress.
(b) Serve no legitimate purpose.
6. Preventing a computer user from exiting a site, computer system or
network-connected location in order to compel the user's computer to
continue communicating with, connecting to or displaying the content of
the service, site or system.
7. Knowingly obtaining any information that is required by law to be
kept confidential or any records that are not public records by
accessing any computer, computer system or network that is operated by
this state, a political subdivision of this state or a medical
institution.
8. Knowingly accessing any computer, computer system or network or any
computer software, program or data that is contained in a computer,
computer system or network.
B. In addition to section 13-109, a prosecution for a violation of this
section may be tried in any of the following counties:
1. The county in which the victimized computer, computer system or
network is located.
2. The county in which the computer, computer system or network that was
used in the commission of the offense is located or in which any books,
records, documents, property, financial instruments, computer software,
data, access devices or instruments of the offense were used.
3. The county in which any authorized user was denied service or in
which an authorized user's service was interrupted.
4. The county in which critical infrastructure resources were tampered
with or affected.
C. On conviction of a violation of this section, the court shall order
that any computer system or instrument of communication that was owned
or used exclusively by the defendant and that was used in the commission
of the offense be forfeited and sold, destroyed or otherwise properly
disposed.
D. A violation of subsection A, paragraph 6 of this section constitutes
an unlawful practice under section 44-1522 and is in addition to all
other causes of action, remedies and penalties that are available to
this state. The attorney general may investigate and take appropriate
action pursuant to title 44, chapter 10, article 7.
E. Computer tampering pursuant to subsection A, paragraph 1 of this
section is a class 3 felony. Computer tampering pursuant to subsection
A, paragraph 2, 3 or 4 of this section is a class 4 felony, unless the
computer, computer system or network tampered with is a critical
infrastructure resource, in which case it is a class 2 felony. Computer
tampering pursuant to subsection A, paragraph 5 of this section is a
class 5 felony. Computer tampering pursuant to subsection A, paragraph 7
or 8 of this section is a class 6 felony.
Arkansas
Arkansas
State § 5-41-103, 5-41-104, 5-41-203 etc:
5-41-101. Purpose.
It is found and determined that:
(1) Computer-related crime poses a major problem for business and
government;
(2) Losses for each incident of computer-related crime are potentially
astronomical;
(3) The opportunities for computer-related crime in business and
government through the introduction of fraudulent records into a
computer system, the unauthorized use of computers, the alteration or
destruction of computerized information or files, and the stealing of
financial instruments, data, and other assets are great;
(4) Computer-related crime has a direct effect on state commerce; and
(5) While various forms of computer-related crime might possibly be the
subject of criminal charges based on other provisions of law, it is
appropriate and desirable that a statute be enacted which deals directly
with computer-related crime.
History. Acts 1987, No. 908, § 1.
5-41-102. Definitions.
As used in subchapter:
(1) "Access" means to instruct, communicate with, store data in, or
retrieve data from a computer, computer system, or computer network;
(2) "Computer" means an electronic device that performs a logical,
arithmetic, or memory function by manipulating an electronic or magnetic
impulse and includes any input, output, processing, storage, computer
software, or communication facility that is connected or related to that
device in a system or a network;
(3) "Computer network" means the interconnection of communications lines
with a computer through a remote terminal or a complex consisting of two
(2) or more interconnected computers;
(4) "Computer program" means a set of instructions, statements, or
related data that, in actual or modified form, is capable of causing a
computer or a computer system to perform a specified function;
(5) "Computer software" means one (1) or more computer programs,
existing in any form, or any associated operational procedure, manual,
or other documentation;
(6) "Computer system" means a set of related, connected, or unconnected
computers, other devices, and software;
(7) "Data" means any representation of information, knowledge, a fact,
concept, or an instruction that is being prepared or has been prepared
and is intended to be processed or stored, is being processed or stored,
or has been processed or stored in a computer, computer network, or
computer system;
(8) "Financial instrument" includes, but is not limited to, any check,
draft, warrant, money order, note, certificate of deposit, letter of
credit, bill of exchange, credit card, debit card, transaction
authorization mechanism, marketable security, or any computer system
representation thereof;
(9) "Message" means any transfer of a sign, signal, writing, image,
sound, data, or intelligence of any nature, or any transfer of a
computer program;
(10) "Property" includes, but is not limited to, a financial instrument,
data, computer program, document associated with a computer or computer
program, or a copy of a financial instrument, data, computer program, or
document associated with a computer or computer program, whether
tangible or intangible, including both human and computer readable data,
and data while in transit;
(11) "Service" includes, but is not limited to, the use of a computer, a
computer system, a computer network, computer software, a computer
program, or data.
(a) A person commits computer fraud if the person intentionally accesses
or causes to be accessed any computer, computer system, computer
network, or any part of a computer, computer system, or computer network
for the purpose of:
(1) Devising or executing any scheme or artifice to defraud or extort;
or
(2) Obtaining money, property, or a service with a false or fraudulent
intent, representation, or promise.
(b) Computer fraud is a Class D felony.
History. Acts 1987, No. 908, § 3.
5-41-104. Computer trespass.
(a) A person commits computer trespass if the person intentionally and
without authorization accesses, alters, deletes, damages, destroys, or
disrupts any computer, computer system, computer network, computer
program, or data.
(b) Computer trespass is a:
(1) Class C misdemeanor if it is a first violation that does not cause
any loss or damage;
(2) Class B misdemeanor if it is a:
(A) Second or subsequent violation that does not cause any loss or
damage; or
(B) Violation that causes loss or damage of less than five hundred
dollars ($500);
(3) Class A misdemeanor if it is a violation that causes loss or damage
of five hundred dollars ($500) or more, but less than two thousand five
hundred dollars ($2,500); and
(4) Class D felony if it is a violation that causes loss or damage of
two thousand five hundred dollars ($2,500) or more.
History. Acts 1987, No. 908, § 4.
5-41-105. Venue of violations.
For the purpose of venue under this subchapter, any violation of this
subchapter is considered to have been committed in any county:
(1) In which any act was performed in furtherance of any course of
conduct that violated this subchapter;
(2) In which any violator had control or possession of any proceeds of
the violation or of any book, record, document, property, financial
instrument, computer software, computer program, data, or other material
or object that was used in furtherance of the violation;
(3) From which, to which, or through which any access to a computer or
computer network was made whether by a wire, electromagnetic wave,
microwave, or any other means of communication; or
(4) In which any computer, computer system, or computer network is an
object or an instrument of the violation is located at the time of the
alleged violation.
History. Acts 1987, No. 908, § 5.
5-41-106. Civil actions.
(a)(1) Any person whose property or person is injured by reason of a
violation of any provision of this subchapter may sue for the injury and
recover for any damages sustained and the costs of suit.
(2) Without limiting the generality of the term, "damages" include loss
of profits.
(b) At the request of any party to an action brought pursuant to this
section, in its discretion, the court may conduct any legal proceeding
in such a way as to protect the secrecy and security of the computer,
computer system, computer network, computer program, computer software,
and data involved in order to prevent possible reoccurrence of the same
or a similar act by another person and to protect any trade secret of
any party.
(c) No civil action under this section may be brought except within
three (3) years from the date the alleged violation of this subchapter
is discovered or should have been discovered by the exercise of
reasonable diligence.
History. Acts 1987, No. 908, § 6.
5-41-107. Assistance of Attorney General.
If requested to do so by a prosecuting attorney, the Attorney General
may assist the prosecuting attorney in the investigation or prosecution
of an offense under this subchapter or any other offense involving the
use of a computer.
History. Acts 1987, No. 908, § 7.
5-41-108. Unlawful computerized communications.
(a) A person commits the offense of unlawful computerized communications
if, with the purpose to frighten, intimidate, threaten, abuse, or harass
another person, the person sends a message:
(1) To the other person on an electronic mail or other computerized
communication system and in that message threatens to cause physical
injury to any person or damage to the property of any person;
(2) On an electronic mail or other computerized communication system
with the reasonable expectation that the other person will receive the
message and in that message threatens to cause physical injury to any
person or damage to the property of any person;
(3) To another person on an electronic mail or other computerized
communication system and in that message uses any obscene, lewd, or
profane language; or
(4) On an electronic mail or other computerized communication system
with the reasonable expectation that the other person will receive the
message and in that message uses any obscene, lewd, or profane language.
(b) Unlawful computerized communications is a Class A misdemeanor.
(c)(1) The judicial officer in a court of competent jurisdiction shall
upon pretrial release of the defendant enter an order consistent with
Rules 9.3 and 9.4 of the Arkansas Rules of Criminal Procedure and shall
give notice to the defendant of penalties contained in Rule 9.5 of the
Arkansas Rules of Criminal Procedure.
(2) A protective order under subdivision (c)(1) of this section remains
in effect during the pendency of any appeal of a conviction under this
section.
History. Acts 1997, No. 1153, § 2.
5-41-109. Disclosure of personal information.
An internet service provider shall disclose personally identifiable
information concerning a consumer pursuant to a subpoena, warrant, or
court order issued under authority of a law of this state, another
state, or the United States Government.
History. Acts 2003, No. 1087, § 6.
]5-41-201. Definitions.
As used in this subchapter:
(1) "Access" means to intercept, instruct, communicate with, store data
in, retrieve from, or otherwise make use of any resource of a computer,
network, or data;
(2)(A) "Computer" means an electronic, magnetic, electrochemical, or
other high-speed data-processing device performing a logical,
arithmetic, or storage function and includes any data storage facility
or communications facility directly related to or operating in
conjunction with the device.
(B) "Computer" also includes any online service, internet service, local
bulletin board, any electronic storage device, including a floppy disk
or other magnetic storage device, or any compact disk that has read-only
memory and the capacity to store audio, video, or written material;
(3)(A) "Computer contaminant" means any data, information, image,
program, signal, or sound that is designed or has the capability to:
(i) Contaminate, corrupt, consume, damage, destroy, disrupt, modify,
record, or transmit; or
(ii) Cause to be contaminated, corrupted, consumed, damaged, destroyed,
disrupted, modified, recorded, or transmitted any other data,
information, image, program, signal, or sound contained in a computer,
system, or network without the knowledge or consent of the person who
owns the other data, information, image, program, signal, or sound or
the computer, system, or network.
(B) "Computer contaminant" includes, but is not limited to:
(i) A virus, worm, or trojan horse; or
(ii) Any other similar data, information, image, program, signal, or
sound that is designed or has the capability to prevent, impede, delay,
or disrupt the normal operation or use of any component, device,
equipment, system, or network;
(4) "Data" means a representation of any form of information, knowledge,
a fact, concept, or an instruction that is being prepared or has been
formally prepared and is intended to be processed, is being processed,
or has been processed in a system or network;
(5) "Encryption" means the use of any protection or disruptive measure,
including, without limitation, cryptography, enciphering, encoding, or a
computer contaminant to:
(A) Prevent, impede, delay, or disrupt access to any data, information,
image, program, signal, or sound;
(B) Cause or make any data, information, image, program, signal, or
sound unintelligible or unusable; or
(C) Prevent, impede, delay, or disrupt the normal operation or use of
any component, device, equipment, system, or network;
(6) "Information service" means a service that is designed or has the
capability to generate, process, store, retrieve, convey, emit,
transmit, receive, relay, record, or reproduce any data, information,
image, program, signal, or sound by means of any component, device,
equipment, system, or network, including, but not limited to, by means
of:
(A) A computer, computer system, computer network, modem, or scanner;
(B) A telephone, cellular phone, satellite phone, pager, personal
communications device, or facsimile machine;
(C) Any type of transmitter or receiver; or
(D) Any other component, device, equipment, system, or network that uses
analog, digital, electronic, electromagnetic, magnetic, or optical
technology;
(7) "Internet service provider" means any provider who provides a
subscriber with access to the internet or an electronic mail address, or
both;
(8)(A) "Network" means a set of related and remotely connected devices
and facilities, including more than one (1) system, with the capability
to transmit data among any of the devices and facilities.
(B) "Network" includes, but is not limited to, a local, regional, or
global computer network;
(9) "Program" means an ordered set of data representing coded
instructions or statements that can be executed by a computer and cause
the computer to perform one (1) or more tasks;
(10) "Property" means anything of value and includes a financial
instrument, information, electronically produced data, program, and any
other tangible or intangible item of value;
(11) "Provider" means any person who provides an information service;
and
(12) "System" means a set of related equipment, whether or not
connected, that is used with or for a computer.
History. Acts 2001, No. 1496, § 2.
5-41-202. Unlawful act regarding a computer.
(a) A person commits an unlawful act regarding a computer if the person
knowingly and without authorization:
(1) Modifies, damages, destroys, discloses, uses, transfers, conceals,
takes, retains possession of, copies, obtains or attempts to obtain
access to, permits access to or causes to be accessed, or enters data or
a program that exists inside or outside a computer, system, or network;
(2) Modifies, destroys, uses, takes, damages, transfers, conceals,
copies, retains possession of, obtains or attempts to obtain access to,
permits access to or causes to be accessed, equipment or supplies that
are used or intended to be used in a computer, system, or network;
(3) Destroys, damages, takes, alters, transfers, discloses, conceals,
copies, uses, retains possession of, obtains or attempts to obtain
access to, permits access to or causes to be accessed, a computer,
system, or network;
(4) Obtains and discloses, publishes, transfers, or uses a device used
to access a computer, network, or data; or
(5) Introduces, causes to be introduced, or attempts to introduce a
computer contaminant into a computer, system, or network.
(b) An unlawful act regarding a computer is a:
(1) Class A misdemeanor; or
(2) Class C felony if the act:
(A) Was committed to devise or execute a scheme to defraud or illegally
obtain property;
(B) Caused damage in excess of five hundred dollars ($500); or
(C) Caused an interruption or impairment of a public service, including,
without limitation, a:
(i) Governmental operation;
(ii) System of public communication or transportation; or
(iii) Supply of water, gas, or electricity.
History. Acts 2001, No. 1496, § 2.
5-41-203. Unlawful interference with access to computers - Unlawful
use or access to computers.
(a)(1) A person commits unlawful interference with access to computers
if the person knowingly and without authorization interferes with,
denies, or causes the denial of access to or use of a computer, system,
or network to a person who has the duty and right to use the computer,
system, or network.
(2) Unlawful interference with access to computers is a Class A
misdemeanor.
(b)(1) A person commits unlawful use or access to computers if the
person knowingly and without authorization uses, causes the use of,
accesses, attempts to gain access to, or causes access to be gained to a
computer, system, network, telecommunications device, telecommunications
service, or information service.
(2) Unlawful use or access to computers is a Class A misdemeanor.
(c) If the violation of subsection (a) or (b) of this section was
committed to devise or execute a scheme to defraud or illegally obtain
property, the person is guilty of a Class C felony.
(d)(1) It is an affirmative defense to a charge made pursuant to this
section that at the time of the alleged offense the person reasonably
believed that:
(A) The person was authorized to use or access the computer, system,
network, telecommunications device, telecommunications service, or
information service and the use or access by the person was within the
scope of that authorization; or
(B) The owner or other person authorized to give consent would authorize
the person to use or access the computer, system, network,
telecommunications device, telecommunications service, or information
service.
(2) A person who intends to offer an affirmative defense provided in
subdivision (d)(1) of this section at a trial or preliminary hearing
shall file and serve on the prosecuting attorney a notice of that intent
not less than fourteen (14) calendar days before the trial or hearing or
at such other time as the court may direct.
History. Acts 2001, No. 1496, § 2.
5-41-204. Unlawful use of encryption.
(a) A person commits unlawful use of encryption if the person knowingly
uses or attempts to use encryption, directly or indirectly, to:
(1) Commit, facilitate, further, or promote any criminal offense;
(2) Aid, assist, or encourage another person to commit any criminal
offense;
(3) Conceal the commission of any criminal offense;
(4) Conceal or protect the identity of a person who has committed any
criminal offense; or
(5) Delay, hinder, or obstruct the administration of the law.
(b) A person who violates any provision of this section commits a
criminal offense that is separate and distinct from any other criminal
offense and may be prosecuted and convicted pursuant to this section
whether or not the person or any other person is or has been prosecuted
or convicted for any other criminal offense arising out of the same
facts as the violation of this section.
(c) An unlawful use of encryption is a:
(1) Class D felony if the criminal offense concealed by encryption is a
Class Y felony, Class A felony, or Class B felony;
(2) Class A misdemeanor if the criminal offense concealed by encryption
is a Class C felony, Class D felony, or an unclassified felony; or
(3) Misdemeanor classed one (1) degree below the misdemeanor constituted
by the criminal offense concealed by encryption for any other unlawful
use of encryption.
History. Acts 2001, No. 1496, § 2.
5-41-205. Unlawful act involving electronic mail.
(a) A person commits an unlawful act involving electronic mail if, with
the purpose to devise or execute a scheme to defraud or illegally obtain
property, the person:
(1) Knowingly and with the purpose to transmit or cause to be
transmitted the item of electronic mail to the electronic mail address
of one (1) or more recipients without their knowledge of or consent to
the transmission falsifies or forges any data, information, image,
program, signal, or sound that:
(A) Is contained in the header, subject line, or routing instructions of
an item of electronic mail; or
(B) Describes or identifies the sender, source, point of origin, or path
of transmission of an item of electronic mail;
(2) Purposely transmits or causes to be transmitted an item of
electronic mail to the electronic mail address of one (1) or more
recipients without their knowledge of or consent to the transmission, if
the person knows or has reason to know that the item of electronic mail
contains or has been generated or formatted with:
(A) An internet domain name that is being used without the consent of
the person who holds the internet domain name; or
(B) Any data, information, image, program, signal, or sound that has
been used intentionally in the header, subject line, or routing
instructions of the item of electronic mail to falsify or misrepresent:
(i) The identity of the sender; or
(ii) The source, point of origin, or path of transmission of the item of
electronic mail; or
(3) Knowingly sells, gives, or otherwise distributes or possesses with
the intent to sell, give, or otherwise distribute any data, information,
image, program, signal, or sound that is designed or intended to be used
to falsify or forge any data, information, image, program, signal, or
sound that:
(A) Is contained in the header, subject line, or routing instructions of
an item of electronic mail; or
(B) Describes or identifies the sender, source, point of origin, or path
of transmission of an item of electronic mail.
(b) Subdivision (a)(2) of this section does not apply to an internet
service provider who, in the course of providing service, transmits or
causes to be transmitted an item of electronic mail on behalf of another
person, unless the internet service provider is the person who first
generates the item of electronic mail.
(c) An unlawful act involving electronic mail is a Class D felony.
History. Acts 2001, No. 1496, § 2.
5-41-206. Computer password disclosure.
(a) A person commits computer password disclosure if the person
purposely and without authorization discloses a number, code, password,
or other means of access to a computer or computer network that is
subsequently used to access a computer or computer network.
(b) Computer password disclosure is a:
(1) Class A misdemeanor; or
(2) Class D felony if the violation of subsection (a) of this section
was committed to devise or execute a scheme to defraud or illegally
obtain property.
484. (a) Every person who shall feloniously steal, take, carry,
lead, or drive away the personal property of another, or who shall
fraudulently appropriate property which has been entrusted to him or
her, or who shall knowingly and designedly, by any false or
fraudulent representation or pretense, defraud any other person of
money, labor or real or personal property, or who causes or procures
others to report falsely of his or her wealth or mercantile character
and by thus imposing upon any person, obtains credit and thereby
fraudulently gets or obtains possession of money, or property or
obtains the labor or service of another, is guilty of theft. In
determining the value of the property obtained, for the purposes of
this section, the reasonable and fair market value shall be the test,
and in determining the value of services received the contract price
shall be the test. If there be no contract price, the reasonable
and going wage for the service rendered shall govern. For the
purposes of this section, any false or fraudulent representation or
pretense made shall be treated as continuing, so as to cover any
money, property or service received as a result thereof, and the
complaint, information or indictment may charge that the crime was
committed on any date during the particular period in question. The
hiring of any additional employee or employees without advising each
of them of every labor claim due and unpaid and every judgment that
the employer has been unable to meet shall be prima facie evidence of
intent to defraud.
(b) (1) Except as provided in Section 10855 of the Vehicle Code,
where a person has leased or rented the personal property of another
person pursuant to a written contract, and that property has a value
greater than one thousand dollars ($1,000) and is not a commonly used
household item, intent to commit theft by fraud shall be rebuttably
presumed if the person fails to return the personal property to its
owner within 10 days after the owner has made written demand by
certified or registered mail following the expiration of the lease or
rental agreement for return of the property so leased or rented.
(2) Except as provided in Section 10855 of the Vehicle Code, where
a person has leased or rented the personal property of another
person pursuant to a written contract, and where the property has a
value no greater than one thousand dollars ($1,000), or where the
property is a commonly used household item, intent to commit theft by
fraud shall be rebuttably presumed if the person fails to return the
personal property to its owner within 20 days after the owner has
made written demand by certified or registered mail following the
expiration of the lease or rental agreement for return of the
property so leased or rented.
(c) Notwithstanding the provisions of subdivision (b), if one
presents with criminal intent identification which bears a false or
fictitious name or address for the purpose of obtaining the lease or
rental of the personal property of another, the presumption created
herein shall apply upon the failure of the lessee to return the
rental property at the expiration of the lease or rental agreement,
and no written demand for the return of the leased or rented property
shall be required.
(d) The presumptions created by subdivisions (b) and (c) are
presumptions affecting the burden of producing evidence.
(e) Within 30 days after the lease or rental agreement has
expired, the owner shall make written demand for return of the
property so leased or rented. Notice addressed and mailed to the
lessee or renter at the address given at the time of the making of
the lease or rental agreement and to any other known address shall
constitute proper demand. Where the owner fails to make such written
demand the presumption created by subdivision (b) shall not apply.
484.1. (a) Any person who knowingly gives false information or
provides false verification as to the person's true identity or as to
the person's ownership interest in property or the person's
authority to sell property in order to receive money or other
valuable consideration from a pawnbroker or secondhand dealer and who
receives money or other valuable consideration from the pawnbroker
or secondhand dealer is guilty of theft.
(b) Upon conviction of the offense described in subdivision (a),
the court may require, in addition to any sentence or fine imposed,
that the defendant make restitution to the pawnbroker or secondhand
dealer in an amount not exceeding the actual losses sustained
pursuant to the provisions of subdivision (c) of Section 13967 of the
Government Code, as operative on or before September 28, 1994, if
the defendant is denied probation, or Section 1203.04, as operative
on or before August 2, 1995, if the defendant is granted probation or
Section 1202.4.
(c) Upon the setting of a court hearing date for sentencing of any
person convicted under this section, the probation officer, if one
is assigned, shall notify the pawnbroker or secondhand dealer or coin
dealer of the time and place of the hearing.
484b. Any person who receives money for the purpose of obtaining
or
paying for services, labor, materials or equipment and willfully
fails to apply such money for such purpose by either willfully
failing to complete the improvements for which funds were provided or
willfully failing to pay for services, labor, materials or equipment
provided incident to such construction, and wrongfully diverts the
funds to a use other than that for which the funds were received,
shall be guilty of a public offense and shall be punishable by a
fine not exceeding ten thousand dollars ($10,000), or by imprisonment
in the state prison, or in the county jail not exceeding one year,
or by both such fine and such imprisonment if the amount diverted is
in excess of one thousand dollars ($1,000). If the amount diverted
is less than one thousand dollars ($1,000), the person shall be
guilty of a misdemeanor.
484c. Any person who submits a false voucher to obtain
construction
loan funds and does not use the funds for the purpose for which the
claim was submitted is guilty of embezzlement.
Colorado
18−5.5−102 − Computer crime.
(1) A person commits computer crime if the person knowingly:
(a) Accesses a computer, computer network, or computer system or any
part thereof without authorization; exceeds
authorized access to a computer, computer network, or computer system or
any part thereof; or uses a computer, computer
network, or computer system or any part thereof without authorization or
in excess of authorized access; or
(b) Accesses any computer, computer network, or computer system, or any
part thereof for the purpose of devising or
executing any scheme or artifice to defraud; or
(c) Accesses any computer, computer network, or computer system, or any
part thereof to obtain, by means of false or
fraudulent pretenses, representations, or promises, money; property;
services; passwords or similar information through which
a computer, computer network, or computer system or any part thereof may
be accessed; or other thing of value; or
(d) Accesses any computer, computer network, or computer system, or any
part thereof to commit theft; or
(e) Without authorization or in excess of authorized access alters,
damages, interrupts, or causes the interruption or
impairment of the proper functioning of, or causes any damage to, any
computer, computer network, computer system,
computer software, program, application, documentation, or data
contained in such computer, computer network, or computer
system or any part thereof; or
(f) Causes the transmission of a computer program, software,
information, code, data, or command by means of a computer,
computer network, or computer system or any part thereof with the intent
to cause damage to or to cause the interruption or
impairment of the proper functioning of or that actually causes damage
to or the interruption or impairment of the proper
functioning of any computer, computer network, computer system, or part
thereof.
(2) (Deleted by amendment, L. 2000, p. 695, § 8, effective July 1,
2000.)
(3) (a) Except as provided in paragraph (b) of this subsection (3), if
the loss, damage, value of services, or thing of value
taken, or cost of restoration or repair caused by a violation of this
section is less than one hundred dollars, computer crime is a
class 3 misdemeanor; if one hundred dollars or more but less than five
hundred dollars, computer crime is a class 2
misdemeanor; if five hundred dollars or more but less than fifteen
thousand dollars, computer crime is a class 4 felony; if
fifteen thousand dollars or more, computer crime is a class 3 felony.
(b) Computer crime committed in violation of paragraph (a) of subsection
(1) of this section is a class 2 misdemeanor; except
that, if the person has previously been convicted under this section, a
previous version of this section, or a statute of another
state of similar content and purport, computer crime committed in
violation of paragraph (a) of subsection (1) of this section is
a class 6 felony.
Source: L. 79: Entire article added, p. 728, § 7, effective July 1. L.
83: (1) amended, p. 705, § 3, effective July 1. L. 84: (3)
amended, p. 538, § 14, effective July 1, 1985. L. 89: (3) amended, p.
839, § 75, effective July 1. L. 92: (3) amended, p. 437, §
9, effective April 10. L. 98: (3) amended, p. 1440, § 18, effective July
1; (3) amended, p. 797, § 12, effective July 1. L. 2000:
Entire section amended, p. 695, § 8, effective July 1.
Am. Jur.2d. See 50 Am. Jur.2d, Larceny, § 67.
Law reviews. For article, "Ownership of Software and Computer−stored
Data", see 13 Colo. Law. 577 (1984).
Connecticut
PART XXII*
COMPUTER-RELATED OFFENSES
*See Sec. 53-451 et seq. re computer crimes.
Sec. 53a-250. Definitions. For the purposes of this part and
section 52-570b:
(1) "Access" means to instruct, communicate with, store data in or
retrieve data from a computer, computer system or computer network.
(2) "Computer" means a programmable, electronic device capable of
accepting and processing data.
(3) "Computer network" means (A) a set of related devices connected to a
computer by communications facilities, or (B) a complex of two or more
computers, including related devices, connected by communications
facilities.
(4) "Computer program" means a set of instructions, statements or
related data that, in actual or modified form, is capable of causing a
computer or computer system to perform specified functions.
(5) "Computer services" includes, but is not limited to, computer
access, data processing and data storage.
(6) "Computer software" means one or more computer programs, existing in
any form, or any associated operational procedures, manuals or other
documentation.
(7) "Computer system" means a computer, its software, related equipment,
communications facilities, if any, and includes computer networks.
(8) "Data" means information of any kind in any form, including computer
software.
(9) "Person" means a natural person, corporation, limited liability
company, trust, partnership, incorporated or unincorporated association
and any other legal or governmental entity, including any state or
municipal entity or public official.
(10) "Private personal data" means data concerning a natural person
which a reasonable person would want to keep private and which is
protectable under law.
(11) "Property" means anything of value, including data.
(P.A. 84-206, S. 1; P.A. 95-79, S. 183, 189.)
History: P.A. 95-79 redefined "person" to include a limited liability
company, effective May 31, 1995.
See Sec. 53-451 re computer crimes.
Sec. 53a-251. Computer crime. (a) Defined. A person commits
computer crime when he violates any of the provisions of this section.
(b) Unauthorized access to a computer system. (1) A person is guilty of
the computer crime of unauthorized access to a computer system when,
knowing that he is not authorized to do so, he accesses or causes to be
accessed any computer system without authorization.
(2) It shall be an affirmative defense to a prosecution for unauthorized
access to a computer system that: (A) The person reasonably believed
that the owner of the computer system, or a person empowered to license
access thereto, had authorized him to access; (B) the person reasonably
believed that the owner of the computer system, or a person empowered to
license access thereto, would have authorized him to access without
payment of any consideration; or (C) the person reasonably could not
have known that his access was unauthorized.
(c) Theft of computer services. A person is guilty of the computer crime
of theft of computer services when he accesses or causes to be accessed
or otherwise uses or causes to be used a computer system with the intent
to obtain unauthorized computer services.
(d) Interruption of computer services. A person is guilty of the
computer crime of interruption of computer services when he, without
authorization, intentionally or recklessly disrupts or degrades or
causes the disruption or degradation of computer services or denies or
causes the denial of computer services to an authorized user of a
computer system.
(e) Misuse of computer system information. A person is guilty of the
computer crime of misuse of computer system information when: (1) As a
result of his accessing or causing to be accessed a computer system, he
intentionally makes or causes to be made an unauthorized display, use,
disclosure or copy, in any form, of data residing in, communicated by or
produced by a computer system; or (2) he intentionally or recklessly and
without authorization (A) alters, deletes, tampers with, damages,
destroys or takes data intended for use by a computer system, whether
residing within or external to a computer system, or (B) intercepts or
adds data to data residing within a computer system; or (3) he knowingly
receives or retains data obtained in violation of subdivision (1) or (2)
of this subsection; or (4) he uses or discloses any data he knows or
believes was obtained in violation of subdivision (1) or (2) of this
subsection.
(f) Destruction of computer equipment. A person is guilty of the
computer crime of destruction of computer equipment when he, without
authorization, intentionally or recklessly tampers with, takes,
transfers, conceals, alters, damages or destroys any equipment used in a
computer system or intentionally or recklessly causes any of the
foregoing to occur.
(P.A. 84-206, S. 2.)
See Sec. 53-451 re computer crimes.
See Sec. 53a-301 re computer crime in furtherance of terrorist purposes.
Cited. 49 CA 582.
Sec. 53a-252. Computer crime in the first degree: Class B felony.
(a) A person is guilty of computer crime in the first degree when he
commits computer crime as defined in section 53a-251 and the damage to
or the value of the property or computer services exceeds ten thousand
dollars.
(b) Computer crime in the first degree is a class B felony.
(P.A. 84-206, S. 3.)
(Return to
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List of Titles)
Sec. 53a-253. Computer crime in the second degree: Class C
felony. (a) A person is guilty of computer crime in the second degree
when he commits computer crime as defined in section 53a-251 and the
damage to or the value of the property or computer services exceeds five
thousand dollars.
(b) Computer crime in the second degree is a class C felony.
(P.A. 84-206, S. 4.)
Sec. 53a-254. Computer crime in the third degree: Class D felony.
(a) A person is guilty of computer crime in the third degree when he
commits computer crime as defined in section 53a-251 and (1) the damage
to or the value of the property or computer services exceeds one
thousand dollars or (2) he recklessly engages in conduct which creates a
risk of serious physical injury to another person.
(b) Computer crime in the third degree is a class D felony.
(P.A. 84-206, S. 5.)
Sec. 53a-255. Computer crime in the fourth degree: Class A
misdemeanor. (a) A person is guilty of computer crime in the fourth
degree when he commits computer crime as defined in section 53a-251 and
the damage to or the value of the property or computer services exceeds
five hundred dollars.
(b) Computer crime in the fourth degree is a class A misdemeanor.
(P.A. 84-206, S. 6.)
Sec. 53a-256. Computer crime in the fifth degree: Class B
misdemeanor. (a) A person is guilty of computer crime in the fifth
degree when he commits computer crime as defined in section 53a-251 and
the damage to or the value of the property or computer services, if any,
is five hundred dollars or less.
(b) Computer crime in the fifth degree is a class B misdemeanor.
(P.A. 84-206, S. 7.)
Sec. 53a-257. Alternative fine based on defendant's gain. If a
person has gained money, property or services or other consideration
through the commission of any offense under section 53a-251, upon
conviction thereof the court, in lieu of imposing a fine, may sentence
the defendant to pay an amount, fixed by the court, not to exceed double
the amount of the defendant's gain from the commission of such offense.
In such case the court shall make a finding as to the amount of the
defendant's gain from the offense and, if the record does not contain
sufficient evidence to support such a finding, the court may conduct a
hearing upon the issue. For the purpose of this section, "gain" means
the amount of money or the value of property or computer services or
other consideration derived.
(P.A. 84-206, S. 8.)
Sec. 53a-258. Determination of degree of crime. Amounts included
in violations of section 53a-251 committed pursuant to one scheme or
course of conduct, whether from the same person or several persons, may
be aggregated in determining the degree of the crime.
(P.A. 84-206, S. 9.)
Sec. 53a-259. Value of property or computer services. (a) For the
purposes of this part and section 52-570b, the value of property or
computer services shall be: (1) The market value of the property or
computer services at the time of the violation; or (2) if the property
or computer services are unrecoverable, damaged or destroyed as a result
of a violation of section 53a-251, the cost of reproducing or replacing
the property or computer services at the time of the violation.
(b) When the value of the property or computer services or damage
thereto cannot be satisfactorily ascertained, the value shall be deemed
to be two hundred fifty dollars.
(c) Notwithstanding the provisions of this section, the value of private
personal data shall be deemed to be one thousand five hundred dollars.
(P.A. 84-206, S. 10.)
Sec. 53a-260. Location of offense. (a) In any prosecution for a
violation of section 53a-251, the offense shall be deemed to have been
committed in the town in which the act occurred or in which the computer
system or part thereof involved in the violation was located.
(b) In any prosecution for a violation of section 53a-251 based upon
more than one act in violation thereof, the offense shall be deemed to
have been committed in any of the towns in which any of the acts
occurred or in which a computer system or part thereof involved in a
violation was located.
(P.A. 84-206, S. 11.)
Sec. 53a-261. Jurisdiction. If any act performed in furtherance
of the offenses set out in section 53a-251 occurs in this state or if
any computer system or part thereof accessed in violation of section
53a-251 is located in this state, the offense shall be deemed to have
occurred in this state.
(P.A. 84-206, S. 12.)
Secs. 53a-262 to 53a-274. Reserved for future use.
Delaware
TITLE 11 CRIMES AND CRIMINAL PROCEDURE
PART I . DELAWARE CRIMINAL CODE
CHAPTER 5. SPECIFIC OFFENSES
SUBCHAPTER III. OFFENSES INVOLVING PROPERTY . SUBPART A.
ARSON AND RELATED OFFENSES
11 Del. C. @ 931
@ 931. Definitions.
As used in this subpart:
(1) "Access" means to instruct, communicate with, store data
in or retrieve data from a computer, computer system or
computer network. (2) "Computer" means a programmable,
electronic device capable of accepting and processing data.
(3) "Computer network" means:
a. A set of related devices connected to a computer by
communications facilities;
b. A complex of 2 or more computers, including related
devices, connected by communications facilities; or
c. The communications transmission facilities and devices
used to interconnect computational equipment, along with control
mechanisms associated thereto.
(4) "Computer program" means a set of instructions,
statements or related data that, in actual or modified form, is
capable of causing a computer or computer system to perform
specified functions.
(5) "Computer services" includes, but is not limited to,
computer access, data processing and data storage.
(6) "Computer software" means 1 or more computer programs,
existing in any form, or any associated operational procedures,
manuals or other documentation.
(7) "Computer system" means a computer, its software, related
equipment and communications facilities, if any, and includes
computer networks.
(8) "Data" means information of any kind in any form,
including computer software.
(9) "Person" means a natural person, corporation, trust,
partnership, incorporated or unincorporated association and any
other legal or governmental entity, including any state or
municipal entity or public official.
(10) "Private personal data" means data concerning a natural
person which a reasonable person would want to keep private and
which is protectable under law.
(11) "Property" means anything of value, including data.
TITLE 11 CRIMES AND CRIMINAL PROCEDURE
PART I . DELAWARE CRIMINAL CODE
CHAPTER 5. SPECIFIC OFFENSES
SUBCHAPTER III. OFFENSES INVOLVING PROPERTY . SUBPART A.
ARSON AND RELATED OFFENSES
11 Del. C. @ 932
@ 932. Unauthorized access.
A person is guilty of the computer crime of unauthorized access
to a computer system when, knowing that he is not authorized to do
so, he accesses or causes to be accessed any computer system
without authorization.
TITLE 11 CRIMES AND CRIMINAL PROCEDURE
PART I . DELAWARE CRIMINAL CODE
CHAPTER 5. SPECIFIC OFFENSES
SUBCHAPTER III. OFFENSES INVOLVING PROPERTY . SUBPART A.
ARSON AND RELATED OFFENSES
11 Del. C. @ 933
@ 933. Theft of computer services.
A person is guilty of the computer crime of theft of computer
services when he accesses or causes to be accessed or otherwise
uses or causes to be used a computer system with the intent to
obtain unauthorized computer services, computer software or data.
TITLE 11 CRIMES AND CRIMINAL PROCEDURE
PART I . DELAWARE CRIMINAL CODE
CHAPTER 5. SPECIFIC OFFENSES
SUBCHAPTER III. OFFENSES INVOLVING PROPERTY . SUBPART A.
ARSON AND RELATED OFFENSES
11 Del. C. @ 934
@ 934. Interruption of computer services.
A person is guilty of the computer crime of interruption of
computer services when that person, without authorization,
intentionally or recklessly disrupts or degrades or causes the
disruption or degradation of computer services or denies or causes
the denial of computer services to an authorized user of a computer
system.
TITLE 11 CRIMES AND CRIMINAL PROCEDURE
PART I . DELAWARE CRIMINAL CODE
CHAPTER 5. SPECIFIC OFFENSES
SUBCHAPTER III. OFFENSES INVOLVING PROPERTY . SUBPART A.
ARSON AND RELATED OFFENSES
11 Del. C. @ 935
@ 935. Misuse of computer system information.
A person is guilty of the computer crime of misuse of computer
system information when:
(1) As a result of his accessing or causing to be accessed a
computer system, he intentionally makes or causes to be made an
unauthorized display, use, disclosure or copy, in any form, of
data residing in, communicated by or produced by a computer system;
(2) That person intentionally or recklessly and without
authorization:
a. Alters, deletes, tampers with, damages, destroys or
takes data intended for use by a computer system, whether residing
within or external to a computer system; or
b. Interrupts or adds data to data residing within a
computer system;
(3) That person knowingly receives or retains data obtained
in violation of subdivision (1) or (2) of this section; or
(4) That person uses or discloses any data which that person knows
or believes was obtained in violation of subdivision (1) or (2)
of this section.
TITLE 11 CRIMES AND CRIMINAL PROCEDURE
PART I . DELAWARE CRIMINAL CODE
CHAPTER 5. SPECIFIC OFFENSES
SUBCHAPTER III. OFFENSES INVOLVING PROPERTY . SUBPART A.
ARSON AND RELATED OFFENSES
11 Del. C. @ 936
@ 936. Destruction of computer equipment.
A person is guilty of the computer crime of destruction of
computer equipment when that person, without authorization,
intentionally or recklessly tampers with, takes, transfers,
conceals, alters, damages or destroys any equipment used in a
computer system or intentionally or recklessly causes any of the
foregoing to occur.
TITLE 11 CRIMES AND CRIMINAL PROCEDURE
PART I . DELAWARE CRIMINAL CODE
CHAPTER 5. SPECIFIC OFFENSES
SUBCHAPTER III. OFFENSES INVOLVING PROPERTY . SUBPART A.
ARSON AND RELATED OFFENSES
11 Del. C. @ 937
@ 937. Penalties [Amendment effective with respect to crimes
committed June 30, 1990, or thereafter].
(a) A person committing any of the crimes described in @@
932-936 of this title is guilty in the first degree when the damage
to or the value of the property or computer services affected
exceeds $ 10,000.
Computer crime in the first degree is a class D felony.
(b) A person committing any of the crimes described in @@
932-936 of this title is guilty in the second degree when the
damage to or the value of the property or computer services
affected exceeds $ 5,000.
Computer crime in the second degree is a class E felony.
(c) A person committing any of the crimes described in @@
932-936 of this title is guilty in the third degree when:
(1) The damage to or the value of the property or computer
services affected exceeds $ 1,000; or
(2) That person engages in conduct which creates a risk of
serious physical injury to another person.
Computer crime in the third degree is a class F felony.
(d) A person committing any of the crimes described in @@
932-936 of this title is guilty in the fourth degree when the
damage to or the value of the property or computer services
affected exceeds $ 500.
Computer crime in the fourth degree is a class G felony.
(e) A person committing any of the crimes described in @@
932-936 of this title is guilty in the fifth degree when the damage
to or the value of the property or computer services, if any, is $
500 or less.
Computer crime in the fifth degree is a class A misdemeanor.
(f) Any person gaining money, property services or other
consideration through the commission of any offense under this
subpart, upon conviction, in lieu of having a fine imposed, may be
sentenced by the court to pay an amount, fixed by the court, not to
exceed double the amount of the defendant's gain from the
commission of such offense. In such case, the court shall make a
finding as to the amount of the defendant's gain from the offense
and, if the record does not contain sufficient evidence to support
such a finding, the court may conduct a hearing upon the issue. For
the purpose of this section, "gain" means the amount of money or
the value of property or computer services or other consideration
derived.
(g) Amounts included in violations of this subpart committed
pursuant to 1 scheme or course of conduct, whether from the same
person or several persons, may be aggregated in determining the
degree of the crime.
(h) For the purposes of this subpart, the value of property or
computer services shall be:
(1) The market value of the property or computer services at
the time of the violation; or
(2) If the property or computer services are unrecoverable,
damaged or destroyed as a result of a violation of this subpart,
the cost of reproducing or replacing the property or computer
services at the time of the violation.
When the value of the property or computer services or damage
thereto cannot be satisfactorily ascertained, the value shall be
deemed to be $ 250.
(i) Notwithstanding this section, the value of private personal
data shall be deemed to be $ 500.
Florida
CHAPTER 815
COMPUTER-RELATED CRIMES
815.01 Short title.
815.02 Legislative intent.
815.03 Definitions.
815.04 Offenses against intellectual property; public records exemption.
815.045 Trade secret information.
815.06 Offenses against computer users.
815.07 This chapter not exclusive.
815.01 Short title.--The provisions of this act shall be known and may
be cited as the "Florida Computer Crimes Act."
History.--s. 1, ch. 78-92.
815.02 Legislative intent.--The Legislature finds and declares
that:
(1) Computer-related crime is a growing problem in government as well as
in the private sector.
(2) Computer-related crime occurs at great cost to the public since
losses for each incident of computer crime tend to be far greater than
the losses associated with each incident of other white collar crime.
(3) The opportunities for computer-related crimes in financial
institutions, government programs, government records, and other
business enterprises through the introduction of fraudulent records into
a computer system, the unauthorized use of computer facilities, the
alteration or destruction of computerized information or files, and the
stealing of financial instruments, data, and other assets are great.
(4) While various forms of computer crime might possibly be the subject
of criminal charges based on other provisions of law, it is appropriate
and desirable that a supplemental and additional statute be provided
which proscribes various forms of computer abuse.
History.--s. 1, ch. 78-92.
815.03 Definitions.--As used in this chapter, unless the context
clearly indicates otherwise:
(1) "Access" means to approach, instruct, communicate with, store data
in, retrieve data from, or otherwise make use of any resources of a
computer, computer system, or computer network.
(2) "Computer" means an internally programmed, automatic device that
performs data processing.
(3) "Computer contaminant" means any set of computer instructions
designed to modify, damage, destroy, record, or transmit information
within a computer, computer system, or computer network without the
intent or permission of the owner of the information. The term includes,
but is not limited to, a group of computer instructions commonly called
viruses or worms which are self-replicating or self-propagating and
which are designed to contaminate other computer programs or computer
data; consume computer resources; modify, destroy, record, or transmit
data; or in some other fashion usurp the normal operation of the
computer, computer system, or computer network.
(4) "Computer network" means any system that provides communications
between one or more computer systems and its input or output devices,
including, but not limited to, display terminals and printers that are
connected by telecommunication facilities.
(5) "Computer program or computer software" means a set of instructions
or statements and related data which, when executed in actual or
modified form, cause a computer, computer system, or computer network to
perform specified functions.
(6) "Computer services" include, but are not limited to, computer time;
data processing or storage functions; or other uses of a computer,
computer system, or computer network.
(7) "Computer system" means a device or collection of devices, including
support devices, one or more of which contain computer programs,
electronic instructions, or input data and output data, and which
perform functions, including, but not limited to, logic, arithmetic,
data storage, retrieval, communication, or control. The term does not
include calculators that are not programmable and that are not capable
of being used in conjunction with external files.
(8) "Data" means a representation of information, knowledge, facts,
concepts, computer software, computer programs, or instructions. Data
may be in any form, in storage media or stored in the memory of the
computer, or in transit or presented on a display device.
(9) "Financial instrument" means any check, draft, money order,
certificate of deposit, letter of credit, bill of exchange, credit card,
or marketable security.
(10) "Intellectual property" means data, including programs.
(11) "Property" means anything of value as defined in 1s. 812.011 and
includes, but is not limited to, financial instruments, information,
including electronically produced data and computer software and
programs in either machine-readable or human-readable form, and any
other tangible or intangible item of value.
History.--s. 1, ch. 78-92; s. 9, ch. 2001-54.
1Note.--Repealed by s. 16, ch. 77-342.
815.04 Offenses against intellectual property; public records
exemption.--
(1) Whoever willfully, knowingly, and without authorization modifies
data, programs, or supporting documentation residing or existing
internal or external to a computer, computer system, or computer network
commits an offense against intellectual property.
(2) Whoever willfully, knowingly, and without authorization destroys
data, programs, or supporting documentation residing or existing
internal or external to a computer, computer system, or computer network
commits an offense against intellectual property.
(3)(a) Data, programs, or supporting documentation which is a trade
secret as defined in s. 812.081 which resides or exists internal or
external to a computer, computer system, or computer network which is
held by an agency as defined in chapter 119 is confidential and exempt
from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
Constitution.
(b) Whoever willfully, knowingly, and without authorization discloses or
takes data, programs, or supporting documentation which is a trade
secret as defined in s. 812.081 or is confidential as provided by law
residing or existing internal or external to a computer, computer
system, or computer network commits an offense against intellectual
property.
(4)(a) Except as otherwise provided in this subsection, an offense
against intellectual property is a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) If the offense is committed for the purpose of devising or executing
any scheme or artifice to defraud or to obtain any property, then the
offender is guilty of a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
History.--s. 1, ch. 78-92; s. 1, ch. 94-100; s. 431, ch. 96-406.
815.045 Trade secret information.--The Legislature finds that it
is a public necessity that trade secret information as defined in s.
812.081, and as provided for in s. 815.04(3), be expressly made
confidential and exempt from the public records law because it is a
felony to disclose such records. Due to the legal uncertainty as to
whether a public employee would be protected from a felony conviction if
otherwise complying with chapter 119, and with s. 24(a), Art. I of the
State Constitution, it is imperative that a public records exemption be
created. The Legislature in making disclosure of trade secrets a crime
has clearly established the importance attached to trade secret
protection. Disclosing trade secrets in an agency's possession would
negatively impact the business interests of those providing an agency
such trade secrets by damaging them in the marketplace, and those
entities and individuals disclosing such trade secrets would hesitate to
cooperate with that agency, which would impair the effective and
efficient administration of governmental functions. Thus, the public and
private harm in disclosing trade secrets significantly outweighs any
public benefit derived from disclosure, and the public's ability to
scrutinize and monitor agency action is not diminished by nondisclosure
of trade secrets.
History.--s. 2, ch. 94-100.
Note.--Former s. 119.165.
815.06 Offenses against computer users.--
(1) Whoever willfully, knowingly, and without authorization:
(a) Accesses or causes to be accessed any computer, computer system, or
computer network;
(b) Disrupts or denies or causes the denial of computer system services
to an authorized user of such computer system services, which, in whole
or part, is owned by, under contract to, or operated for, on behalf of,
or in conjunction with another;
(c) Destroys, takes, injures, or damages equipment or supplies used or
intended to be used in a computer, computer system, or computer network;
(d) Destroys, injures, or damages any computer, computer system, or
computer network; or
(e) Introduces any computer contaminant into any computer, computer
system, or computer network,
commits an offense against computer users.
(2)(a) Except as provided in paragraphs (b) and (c), whoever violates
subsection (1) commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Whoever violates subsection (1) and:
1. Damages a computer, computer equipment, computer supplies, a computer
system, or a computer network, and the monetary damage or loss incurred
as a result of the violation is $5,000 or greater;
2. Commits the offense for the purpose of devising or executing any
scheme or artifice to defraud or obtain property; or
3. Interrupts or impairs a governmental operation or public
communication, transportation, or supply of water, gas, or other public
service,
commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(c) Whoever violates subsection (1) and the violation endangers human
life commits a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(3) Whoever willfully, knowingly, and without authorization modifies
equipment or supplies used or intended to be used in a computer,
computer system, or computer network commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
(4)(a) In addition to any other civil remedy available, the owner or
lessee of the computer, computer system, computer network, computer
program, computer equipment, computer supplies, or computer data may
bring a civil action against any person convicted under this section for
compensatory damages.
(b) In any action brought under this subsection, the court may award
reasonable attorney's fees to the prevailing party.
(5) Any computer, computer system, computer network, computer software,
or computer data owned by a defendant which is used during the
commission of any violation of this section or any computer owned by the
defendant which is used as a repository for the storage of software or
data obtained in violation of this section is subject to forfeiture as
provided under ss. 932.701-932.704.
(6) This section does not apply to any person who accesses his or her
employer's computer system, computer network, computer program, or
computer data when acting within the scope of his or her lawful
employment.
(7) For purposes of bringing a civil or criminal action under this
section, a person who causes, by any means, the access to a computer,
computer system, or computer network in one jurisdiction from another
jurisdiction is deemed to have personally accessed the computer,
computer system, or computer network in both jurisdictions.
History.--s. 1, ch. 78-92; s. 11, ch. 2001-54.
815.07 This chapter not exclusive.--The provisions of this chapter shall
not be construed to preclude the applicability of any other provision of
the criminal law of this state which presently applies or may in the
future apply to any transaction which violates this chapter, unless such
provision is inconsistent with the terms of this chapter.
History.--s. 1, ch. 78-92.
Georgia
Georgia Computer Systems Protection Act
H. B. No. 822 (AS PASSED HOUSE AND SENATE)
By: Representatives Walker of the 115th, Coleman of the 118th, Murphy of
the 18th and Buck of the 95th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 9 of Title 16 of the Official Code of Georgia
Annotated, relating to crimes involving forgery and fraudulent
practices, so as to repeal the existing Georgia Computer Systems
Protection Act and enact a new Georgia Computer Systems Protection Act;
to provide for legislative intent; to provide for definitions; to
provide for criminal liability and penalties for the crimes of computer
theft, computer trespass, computer invasion of privacy, computer
forgery, and computer password disclosure; to provide for civil remedies
and damages; to provide for venue; to provide for other related matters;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1.
Chapter 9 of Title 16 of the Official Code of Georgia Annotated,
relating to crimes involving forgery and fraudulent practices, is
amended by repealing in its entirety Article 6, the Georgia Computer
Systems Protection Act, and inserting in its place a new Article 6 to
read as follows:
"ARTICLE 6
16-9-90.
This article may be cited as the Georgia Computer Systems Protection
Act.
16-9-91.
The General Assembly finds that:
(1) Computer related crime is a growing problem in the government and in
the private sector;
(2) Such crime occurs at great cost to the public, since losses for each
incident of computer crime tend to be far greater than the losses
associated with each incident of other white collar crime;
(3) The opportunities for computer related crimes in state programs, and
in other entities which operate within the state, through the
introduction of fraudulent records into a computer system, unauthorized
use of computer facilities, alteration or destruction of computerized
information files, and stealing of financial instruments, data, or other
assets are great;
(4) Computer related crime operations have a direct effect on state
commerce;
(5) Liability for computer crimes should be imposed on all persons, as
that term is defined in this title; and
(6) The prosecution of persons engaged in computer related crime is
difficult under previously existing Georgia criminal statutes.
16-9-92.
As used in this article, the term:
(1) Computer means an electronic, magnetic, optical, electrochemical, or
other high-speed data processing device or system performing computer
operations with or on data and includes any data storage facility or
communications facility directly related to or operating in conjunction
with such device; but such term does not include an automated typewriter
or typesetter, portable hand-held calculator, household appliance, or
other similar device that is not used to communicate with or to
manipulate any other computer.
(2) Computer network means a set of related, remotely connected
computers and any communications facilities with the function and
purpose of transmitting data among them through the communications
facilities.
(3) Computer operation means computing, classifying, transmitting,
receiving, retrieving, originating, switching, storing, displaying,
manifesting, measuring, detecting, recording, reproducing, handling, or
utilizing any form of data for business, scientific, control, or other
purposes.
(4) Computer program means one or more statements or instructions
composed and structured in a form acceptable to a computer that, when
executed by a computer in actual or modified form, cause the computer to
perform one or more computer operations. The term 'computer program'
shall include all associated procedures and documentation, whether or
not such procedures and documentation are in human readable form.
(5) Data includes any representation of information, intelligence, or
data in any fixed medium, including documentation, computer printouts,
magnetic storage media, punched cards, storage in a computer, or
transmission by a computer network.
(6) Financial instruments includes any check, draft, money order, note,
certificate of deposit, letter of credit, bill of exchange, credit or
debit card, transaction-authorizing mechanism, or marketable security,
or any computer representation thereof.
(7) Property includes computers, computer networks, computer programs,
data, financial instruments, and services.
(8) Services includes computer time or services or data processing
services.
(9) Use includes causing or attempting to cause:
(A) A computer or computer network to perform or to stop performing
computer operations;
(B) The obstruction, interruption, malfunction, or denial of the use of
a computer, computer network, computer program, or data; or
(C) A person to put false information into a computer.
(10) Victim expenditure means any expenditure reasonably and necessarily
incurred by the owner to verify that a computer, computer network,
computer program, or data was or was not altered, deleted, damaged, or
destroyed by unauthorized use.
(11) Without authority includes the use of a computer or computer
network in a manner that exceeds any right or permission granted by the
owner of the computer or computer network.
16-9-93.
(a) Computer Theft.
Any person who uses a computer or computer network with knowledge that
such use is without authority and with the intention of:
(1) Taking or appropriating any property of another, whether or not with
the intention of depriving the owner of possession;
(2) Obtaining property by any deceitful means or artful practice; or
(3) Converting property to such person's use in violation of an
agreement or other known legal obligation to make a specified
application or disposition of such property
shall be guilty of the crime of computer theft.
(b) Computer Trespass.
Any person who uses a computer or computer network with knowledge that
such use is without authority and with the intention of:
(1) Deleting or in any way removing, either temporarily or permanently,
any computer program or data from a computer or computer network;
(2) Obstructing, interrupting, or in any way interfering with the use of
a computer program or data; or
(3) Altering, damaging, or in any way causing the malfunction of a
computer, computer network, or computer program, regardless of how long
the alteration, damage, or malfunction persists
shall be guilty of the crime of computer trespass.
(c) Computer Invasion of Privacy.
Any person who uses a computer or computer network with the intention of
examining any employment, medical, salary, credit, or any other
financial or personal data relating to any other person with knowledge
that such examination is without authority shall be guilty of the crime
of computer invasion of privacy.
(d) Computer Forgery.
Any person who creates, alters, or deletes any data contained in any
computer or computer network, who, if such person had created, altered,
or deleted a tangible document or instrument would have committed
forgery under Article 1 of this chapter, shall be guilty of the crime of
computer forgery. The absence of a tangible writing directly created or
altered by the offender shall not be a defense to the crime of computer
forgery if a creation, alteration, or deletion of data was involved in
lieu of a tangible document or instrument.
(e) Computer Password Disclosure.
Any person who discloses a number, code, password, or other means of
access to a computer or computer network knowing that such disclosure is
without authority and which results in damages (including the fair
market value of any services used and victim expenditure) to the owner
of the computer or computer network in excess of $500.00 shall be guilty
of the crime of computer password disclosure.
(f) Article not Exclusive.
The provisions of this article shall not be construed to preclude the
applicability of any other law which presently applies or may in the
future apply to any transaction or course of conduct which violates this
article.
(g) Civil Relief; Damages.
(1) Any person whose property or person is injured by reason of a
violation of any provision of this article may sue therefor and recover
for any damages sustained and the costs of suit. Without limiting the
generality of the term, 'damages' shall include loss of profits and
victim expenditure.
(2) At the request of any party to an action brought pursuant to this
Code section, the court shall by reasonable means conduct all legal
proceedings in such a way as to protect the secrecy and security of any
computer, computer network, data, or computer program involved in order
to prevent possible recurrence of the same or a similar act by another
person and to protect any trade secrets of any party.
(3) The provisions of this article shall not be construed to limit any
person's right to pursue any additional civil remedy otherwise allowed
by law.
(4) A civil action under this Code section must be brought within four
years after the violation is discovered or by exercise of reasonable
diligence should have been discovered. For purposes of this article, a
continuing violation of any one subsection of this Code section by any
person constitutes a single violation by such person.
(h) Criminal Penalties.
(1) Any person convicted of the crime of computer theft, computer
trespass, computer invasion of privacy, or computer forgery shall be
fined not more than $50,000.00 or imprisoned not more than 15 years, or
both.
(2) Any person convicted of computer password disclosure shall be fined
not more than $5,000.00 or incarcerated for a period not to exceed one
year, or both.
16-9-94.
For the purpose of venue under this article, any violation of this
article shall be considered to have been committed:
(1) In the county of the principal place of business in this state of
the owner of a computer, computer network, or any part thereof; and,
(2) In any county in which any person alleged to have violated any
provision of this article had control or possession of any proceeds of
the violation or of any books, records, documents, or property which
were used in furtherance of the violation; and,
(3) In any county in which any act was performed in furtherance of any
transaction which violated this article; and,
(4) In any county from which, to which, or through which any use of a
computer or computer network was made, whether by wires,
electro-magnetic waves, microwaves, or any other means of
communication."
Section 2.
This Act shall become effective on July 1, 1991.
Section 3.
All laws and parts of laws in conflict with this Act are repealed.
16-9-152.
(a) It shall be illegal for a person or entity that is not an authorized
user, as defined in Code Section 16-9-151, of a computer in this state
to knowingly, willfully, or with conscious indifference or disregard
cause computer software to be copied onto such computer and use the
software to do any of the following:
(1) Modify, through intentionally deceptive means, any of the following
settings related to the computeŕs access to, or use of, the Internet:
(A) The page that appears when an authorized user launches an Internet
browser or similar software program used to access and navigate the
Internet;
(B) The default provider or web proxy the authorized user uses to access
or search the Internet; or
(C) The authorized useŕs list of bookmarks used to access web pages;
(2) Collect, through intentionally deceptive means, personally
identifiable information that meets any of the following criteria:
(A) It is collected through the use of a keystroke-logging function that
records all keystrokes made by an authorized user who uses the computer
and transfers that information from the computer to another person;
(B) It includes all or substantially all of the websites visited by an
authorized user, other than websites of the provider of the software, if
the computer software was installed in a manner designed to conceal from
all authorized users of the computer the fact that the software is being
installed; or
(C) It is a data element described in subparagraph (B), (C), or (D) of
paragraph (12) of Code Section 16-9-151, or in division (i) or (ii) of
subparagraph (E) of paragraph (12) of Code Section 16-9-151, that is
extracted from the consumeŕs or business entitýs computer hard drive
for a purpose wholly unrelated to any of the purposes of the software or
service described to an authorized user;
(3) Prevent, without the authorization of an authorized user, through
intentionally deceptive means, an authorized useŕs reasonable efforts
to block the installation of, or to disable, software, by causing
software that the authorized user has properly removed or disabled to
automatically reinstall or reactivate on the computer without the
authorization of an authorized user;
(4) Intentionally misrepresent that software will be uninstalled or
disabled by an authorized useŕs action, with knowledge that the
software will not be so uninstalled or disabled; or
(5) Through intentionally deceptive means, remove, disable, or render
inoperative security, antispyware, or antivirus software installed on
the computer.
(b) Nothing in this Code section shall apply to any monitoring of, or
interaction with, a useŕs Internet or other network connection or
service, or a protected computer, by a telecommunications carrier, cable
operator, computer hardware or software provider, or provider of
information service or interactive computer service for network or
computer security purposes, diagnostics, technical support, repair,
network management, network maintenance, authorized updates of software
or system firmware, authorized remote system management, or detection or
prevention of the unauthorized use of or fraudulent or other illegal
activities in connection with a network, service, or computer software,
including scanning for and removing software proscribed under this
article.
16-9-153.
(a) It shall be illegal for a person or entity that is not an authorized
user, as defined in Code Section 16-9-151, of a computer in this state
to knowingly, willfully, or with conscious indifference or disregard
cause computer software to be copied onto such computer and use the
software to do any of the following:
(1) Take control of the consumeŕs or business entitýs computer by
doing any of the following:
(A) Transmitting or relaying commercial electronic mail or a computer
virus from the consumeŕs or business entitýs computer, where the
transmission or relaying is initiated by a person other than the
authorized user and without the authorization of an authorized user;
(B) Accessing or using the consumeŕs or business entitýs modem or
Internet service for the purpose of causing damage to the consumeŕs or
business entitýs computer or of causing an authorized user or a third
party affected by such conduct to incur financial charges for a service
that is not authorized by an authorized user;
(C) Using the consumeŕs or business entitýs computer as part of an
activity performed by a group of computers for the purpose of causing
damage to another computer, including, but not limited to, launching a
denial of service attack; or
(D) Opening multiple, sequential, stand-alone advertisements in the
consumeŕs or business entitýs Internet browser without the
authorization of an authorized user and with knowledge that a reasonable
computer user cannot close the advertisements without turning off the
computer or closing the consumeŕs or business entitýs Internet
browser;
(2) Modify any of the following settings related to the computeŕs
access to, or use of, the Internet:
(A) An authorized useŕs security or other settings that protect
information about the authorized user for the purpose of stealing
personal information of an authorized user; or
(B) The security settings of the computer for the purpose of causing
damage to one or more computers; or
(3) Prevent, without the authorization of an authorized user, an
authorized useŕs reasonable efforts to block the installation of, or to
disable, software, by doing any of the following:
(A) Presenting the authorized user with an option to decline
installation of software with knowledge that, when the option is
selected by the authorized user, the installation nevertheless proceeds;
or
(B) Falsely representing that software has been disabled.
(b) Nothing in this Code section shall apply to any monitoring of, or
interaction with, a useŕs Internet or other network connection or
service, or a protected computer, by a telecommunications carrier, cable
operator, computer hardware or software provider, or provider of
information service or interactive computer service for network or
computer security purposes, diagnostics, technical support, repair,
network management, network maintenance, authorized updates of software
or system firmware, authorized remote system management, or detection or
prevention of the unauthorized use of or fraudulent or other illegal
activities in connection with a network, service, or computer software,
including scanning for and removing software proscribed under this
article.
Hawaii
[§708-892] Computer damage in the first degree. (1) A
person commits the offense of computer damage in the first degree if:
(a) The person knowingly causes the transmission of a program,
information, code, or command, and thereby knowingly causes unauthorized
damage to a computer, computer system, or computer network; or
(b) The person intentionally accesses a computer, computer system, or
computer network without authorization and thereby knowingly causes
damage.
(2) As used in this section, the "damage" must:
(a) Result in a loss aggregating at least $5,000 in value, including the
costs associated with diagnosis, repair, replacement, or remediation,
during any one-year period to one or more individuals;
(b) Result in the modification or impairment, or potential modification
or impairment, of the medical examination, diagnosis, treatment, or care
of one or more individuals;
(c) Result in physical injury to any person;
(d) Threaten public health or safety; or
(e) Impair the administration of justice.
(3) Computer damage in the first degree is a class B felony. [L 2001, c
33, pt of §1]
[§708-891.5] Computer fraud in the second degree. (1) A person
commits the offense of computer fraud in the second degree if the person
knowingly, and with the intent to defraud, transfers, or otherwise
disposes of, to another, or obtains control of, with the intent to
transfer or dispose of, any password or similar information through
which a computer, computer system, or computer network may be accessed.
(2) Computer fraud in the second degree is a class C felony. [L 2001, c
33, pt of §1]
[§708-895.5] Unauthorized computer access in the first degree. (1) A
person commits the offense of unauthorized computer access in the first
degree if the person knowingly accesses a computer, computer system, or
computer network without authorization and thereby obtains information,
and:
(a) The offense was committed for the purpose of commercial or private
financial gain;
(b) The offense was committed in furtherance of any other crime;
(c) The value of the information obtained exceeds $5,000; or
(d) The information has been determined by statute or rule of court to
require protection against unauthorized disclosure.
(2) Unauthorized computer access in the first degree is a class B
felony. [L 2001, c 33, pt of §1]
[§708-892.5] Computer damage in the second degree. (1) A person
commits the offense of computer damage in the second degree if the
person knowingly accesses a computer, computer system, or computer
network without authorization and thereby recklessly causes damage.
(2) Computer damage in the second degree is a class C felony. [L 2001, c
33, pt of §1]
Idaho
IDAHO CODE @ 18-2201 (1990)
TITLE 18. CRIMES AND PUNISHMENTS
CHAPTER 22. COMPUTER CRIME
Idaho Code @ 18-2201 (1990)
@ 18-2201. Definitions.
As used in this chapter:
(1) To "access" means to instruct, communicate with, store data
in, retrieve data from or otherwise make use of any resources of a
computer, computer system, or computer network.
(2) "Computer" means, but is not limited to, an electronic
device which performs logical, arithmetic, or memory functions by
the manipulations of electronic or magnetic impulses, and includes
all input, output, processing, storage, software, or communication
facilities which are connected or related to such a device in a
system or network.
(3) "Computer network" means, but is not limited to, the
interconnection of communication lines (including microwave or
other means of electronic communication) with a computer through
remote terminals, or a complex consisting of two (2) or more
interconnected computers.
(4) "Computer program" means, but is not limited to, a series of
instructions or statements, in a form acceptable to a computer,
which permits the functioning of a computer system in a manner
designed to provide appropriate products from such computer system.
(5) "Computer software" means, but is not limited to, computer
programs, procedures, and associated documentation concerned with
the operation of a computer system.
(6) "Computer system" means, but is not limited to, a set of
related, connected or unconnected, computer equipment, devices, and
software.
(7) "Property" includes, but is not limited to, financial
instruments, information, including electronically produced data,
and computer software and programs in either machine or human
readable form, and any other tangible or intangible item of value.
(8) "Services" include, but are not limited to, computer time,
data processing, and storage functions.
HISTORY: [I.C., @ 18-2201, as added by 1984, ch. 68, @ 1, p. 129.]
NOTES:
COMPILER'S NOTES. Former @@ 18-2201 and 18-2202 which comprised
I.C., @@ 18-2201 --18-2202 as added by S.L. 1972, ch. 336, @ 1 were
repealed by S.L. 1972, ch. 381, @ 17, effective April 1, 1972.
The words in parentheses so appeared in the law as enacted.
CHAPTER 22. COMPUTER CRIME
Idaho Code @ 18-2202 (1990)
@ 18-2202. Computer crime.
(1) Any person who knowingly accesses, attempts to access or
uses, or attempts to use any computer, computer system, computer
network, or any part thereof for the purpose of: devising or
executing any scheme or artifice to defraud; obtaining money,
property, or services by means of false or fraudulent pretenses,
representations, or promises; or committing theft; commits computer
crime.
(2) Any person who knowingly and without authorization alters,
damages, or destroys any computer, computer system, or computer
network described in section 18-2201, Idaho Code, or any computer
software, program, documentation, or data contained in such
computer, computer system, or computer network commits computer
crime.
(3) Any person who knowingly and without authorization uses,
accesses, or attempts to access any computer, computer system, or
computer network described in section 18-2201, Idaho Code, or any
computer software, program, documentation or data contained in such
computer, computer system, or computer network, commits computer
crime.
(4) A violation of the provisions of subsections (1) or (2) of
this section shall be a felony. A violation of the provisions of
subsection (3) of this section shall be a misdemeanor.
HISTORY: [I.C., @ 18-2202, as added by 1984, ch. 68, @ 1, p. 129.]
NOTES:
(1) As used in this section, the following words and phrases
shall have the meanings respectively ascribed thereto:
(a) "Access" means to approach, instruct, communicate with,
store data in, retrieve data from, or otherwise make use of any
resources of a computer, computer system or computer network.
(b) "Computer" means an electronic device which performs work
using programmed instruction and which has one or more of the
capabilities of storage, logic, arithmetic or communication and
includes all input, output, processing, storage, software or
communication facilities which are connected or related to such a
device in a system or network.
(c) "Computer network" means the interconnection of
communication lines, including microwave or other means of
electronic communication, with a computer through remote terminals,
or a complex consisting of two or more interconnected computers.
(d) "Computer program" means a series of instructions or
statements in a form acceptable to a computer which permits the
functioning of a computer system in a manner designed to provide
appropriate products from such computer system.
(e) "Computer software" means computer programs, procedures and
associated documentation concerned with the operation of a computer
system.
(f) "Computer system" means a set of related computer equipment
or devices and computer software which may be connected or
unconnected.
(g) "Financial instrument" means any check, draft, money order,
certificate of deposit, letter of credit, bill of exchange, credit
card, debit card or marketable security.
(h) "Property" includes, but is not limited to, financial
instruments, information, electronically produced or stored data,
supporting documentation and computer software in either machine or
human readable form and any other tangible or intangible item of
value.
(i) "Services" includes, but is not limited to, computer time,
data processing and storage functions and other uses of a computer,
computer system or computer network to perform useful work.
(j) "Supporting documentation" includes, but is not limited to,
all documentation used in the construction, classification,
implementation, use or modification of computer software, computer
programs or data.
(2) Computer crime is:
(a) Willfully and without authorization gaining or attempting to
gain access to and damaging, modifying, altering, destroying,
copying, disclosing or taking possession of a computer, computer
system, computer network or any other property;
(b) using a computer, computer system, computer network or any
other property for the purpose of devising or executing a scheme or
artifice with the intent to defraud or for the purpose of obtaining
money, property, services or any other
thing of value by means of false or fraudulent pretense or
representation; or
(c) willfully exceeding the limits of authorization and
damaging, modifying, altering, destroying, copying, disclosing or
taking possession of a computer, computer system, computer network
or any other property.
Computer crime which causes a loss of the value of less than $
150 is a class A misdemeanor.
Computer crime which causes a loss of the value of $ 150 or more
is a class E felony.
(3) In any prosecution for computer crime, it is a defense that
the property or services were appropriated openly and avowedly
under a claim of title made in good faith.
(4) Unlawful computer access is willfully, fraudulently and
without authorization gaining or attempting to gain access to any
computer, computer system, computer network or to any computer
software, program, documentation, data or property contained in any
computer, computer system or computer network.
Unlawful computer access is a class A misdemeanor.
(5) This section shall be part of and supplemental to the Kansas
criminal code.
(720 ILCS 5/16D‑1) (from Ch. 38, par. 16D‑1)
Sec. 16D‑1. Short title. This Article shall be known and may be cited as
the "Computer Crime Prevention Law".
(Source: P.A. 85‑926.)
(720 ILCS 5/16D‑2) (from Ch. 38, par. 16D‑2)
Sec. 16D‑2. Definitions. As used in this Article, unless the context
otherwise indicates:
(a) "Computer" means a device that accepts, processes, stores, retrieves
or outputs data, and includes but is not limited to auxiliary storage
and telecommunications devices connected to computers.
(a‑5) "Computer network" means a set of related, remotely connected
devices and any communications facilities including more than one
computer with the capability to transmit data among them through the
communications facilities.
(b) "Computer program" or "program" means a series of coded instructions
or statements in a form acceptable to a computer which causes the
computer to process data and supply the results of the data processing.
(b‑5) "Computer services" means computer time or services, including
data processing services, Internet services, electronic mail services,
electronic message services, or information or data stored in connection
therewith.
(c) "Data" means a representation of information, knowledge, facts,
concepts or instructions, including program documentation, which is
prepared in a formalized manner and is stored or processed in or
transmitted by a computer. Data shall be considered property and may be
in any form including but not limited to printouts, magnetic or optical
storage media, punch cards or data stored internally in the memory of
the computer.
(c‑5) "Electronic mail service provider" means any person who (1) is an
intermediary in sending or receiving electronic mail and (2) provides to
end‑users of electronic mail services the ability to send or receive
electronic mail.
(d) In addition to its meaning as defined in Section 15‑1 of this Code,
"property" means: (1) electronic impulses; (2) electronically produced
data; (3) confidential, copyrighted or proprietary information; (4)
private identification codes or numbers which permit access to a
computer by authorized computer users or generate billings to consumers
for purchase of goods and services, including but not limited to credit
card transactions and telecommunications services or permit electronic
fund transfers; (5) software or programs in either machine or human
readable form; or (6) any other tangible or intangible item relating to
a computer or any part thereof.
(e) "Access" means to use, instruct, communicate with, store data in,
retrieve or intercept data from, or otherwise utilize any services of a
computer.
(f) "Services" includes but is not limited to computer time, data
manipulation or storage functions.
(g) "Vital services or operations" means those services or operations
required to provide, operate, maintain, and repair network cabling,
transmission, distribution, or computer facilities necessary to ensure
or protect the public health, safety, or welfare. Public health, safety,
or welfare include, but are not limited to, services provided by medical
personnel or institutions, fire departments, emergency services
agencies, national defense contractors, armed forces or militia
personnel, private and public utility companies, or law enforcement
agencies.
(Source: P.A. 91‑233, eff. 1‑1‑00.)
(720 ILCS 5/16D‑3) (from Ch. 38, par. 16D‑3)
Sec. 16D‑3. Computer Tampering.
(a) A person commits the offense of computer tampering when he knowingly
and without the authorization of a computer's owner, as defined in
Section 15‑2 of this Code, or in excess of the authority granted to him:
(1) Accesses or causes to be accessed a computer or
any part thereof, a computer network, or a program or data;
(2) Accesses or causes to be accessed a computer or
any part thereof, a computer network, or a program or data, and obtains
data or services;
(3) Accesses or causes to be accessed a computer or
any part thereof, a computer network, or a program or data, and damages
or destroys the computer or alters, deletes or removes a computer
program or data;
(4) Inserts or attempts to insert a "program" into a
computer or computer program knowing or having reason to believe that
such "program" contains information or commands that will or may damage
or destroy that computer, or any other computer subsequently accessing
or being accessed by that computer, or that will or may alter, delete or
remove a computer program or data from that computer, or any other
computer program or data in a computer subsequently accessing or being
accessed by that computer, or that will or may cause loss to the users
of that computer or the users of a computer which accesses or which is
accessed by such "program";
(5) Falsifies or forges electronic mail transmission
information or other routing information in any manner in connection
with the transmission of unsolicited bulk electronic mail through or
into the computer network of an electronic mail service provider or its
subscribers;
(a‑5) It shall be unlawful for any person knowingly to sell, give, or
otherwise distribute or possess with the intent to sell, give, or
distribute software which (1) is primarily designed or produced for the
purpose of facilitating or enabling the falsification of electronic mail
transmission information or other routing information; (2) has only a
limited commercially significant purpose or use other than to facilitate
or enable the falsification of electronic mail transmission information
or other routing information; or (3) is marketed by that person or
another acting in concert with that person with that person's knowledge
for use in facilitating or enabling the falsification of electronic mail
transmission information or other routing information.
(a‑10) For purposes of subsection (a), accessing a computer network is
deemed to be with the authorization of a computer's owner if:
(1) the owner authorizes patrons, customers, or
guests to access the computer network and the person accessing the
computer network is an authorized patron, customer, or guest and
complies with all terms or conditions for use of the computer network
that are imposed by the owner; or
(2) the owner authorizes the public to access the
computer network and the person accessing the computer network complies
with all terms or conditions for use of the computer network that are
imposed by the owner.
(b) Sentence.
(1) A person who commits the offense of computer
tampering as set forth in subsection (a)(1), (a)(5), or (a‑5) of this
Section shall be guilty of a Class B misdemeanor.
(2) A person who commits the offense of computer
tampering as set forth in subsection (a)(2) of this Section shall be
guilty of a Class A misdemeanor and a Class 4 felony for the second or
subsequent offense.
(3) A person who commits the offense of computer
tampering as set forth in subsection (a)(3) or subsection (a)(4) of this
Section shall be guilty of a Class 4 felony and a Class 3 felony for the
second or subsequent offense.
(4) If the injury arises from the transmission of
unsolicited bulk electronic mail, the injured person, other than an
electronic mail service provider, may also recover attorney's fees and
costs, and may elect, in lieu of actual damages, to recover the lesser
of $10 for each and every unsolicited bulk electronic mail message
transmitted in violation of this Section, or $25,000 per day. The
injured person shall not have a cause of action against the electronic
mail service provider that merely transmits the unsolicited bulk
electronic mail over its computer network.
(5) If the injury arises from the transmission of
unsolicited bulk electronic mail, an injured electronic mail service
provider may also recover attorney's fees and costs, and may elect, in
lieu of actual damages, to recover the greater of $10 for each and every
unsolicited electronic mail advertisement transmitted in violation of
this Section, or $25,000 per day.
(6) The provisions of this Section shall not be
construed to limit any person's right to pursue any additional civil
remedy otherwise allowed by law.
(c) Whoever suffers loss by reason of a violation of subsection (a)(4)
of this Section may, in a civil action against the violator, obtain
appropriate relief. In a civil action under this Section, the court may
award to the prevailing party reasonable attorney's fees and other
litigation expenses.
(Source: P.A. 95‑326, eff. 1‑1‑08.)
(720 ILCS 5/16D‑4) (from Ch. 38, par. 16D‑4)
Sec. 16D‑4. Aggravated Computer Tampering. (a) A person commits
aggravated computer tampering when he commits the offense of computer
tampering as set forth in subsection (a)(3) of Section 16D‑3 and he
knowingly:
(1) causes disruption of or interference with vital services or
operations of State or local government or a public utility; or
(2) creates a strong probability of death or great bodily harm to one or
more individuals.
(b) Sentence. (1) A person who commits the offense of aggravated
computer tampering as set forth in subsection (a)(1) of this Section
shall be guilty of a Class 3 felony.
(2) A person who commits the offense of aggravated computer tampering as
set forth in subsection (a)(2) of this Section shall be guilty of a
Class 2 felony.
(Source: P.A. 86‑820.)
(720 ILCS 5/16D‑5) (from Ch. 38, par. 16D‑5)
Sec. 16D‑5. Computer Fraud. (a) A person commits the offense of computer
fraud when he knowingly:
(1) Accesses or causes to be accessed a computer or any part thereof, or
a program or data, for the purpose of devising or executing any scheme,
artifice to defraud, or as part of a deception;
(2) Obtains use of, damages, or destroys a computer or any part thereof,
or alters, deletes, or removes any program or data contained therein, in
connection with any scheme, artifice to defraud, or as part of a
deception; or
(3) Accesses or causes to be accessed a computer or any part thereof, or
a program or data, and obtains money or control over any such money,
property, or services of another in connection with any scheme, artifice
to defraud, or as part of a deception.
(b) Sentence. (1) A person who commits the offense of computer fraud as
set forth in subsection (a)(1) of this Section shall be guilty of a
Class 4 felony.
(2) A person who commits the offense of computer fraud as set forth in
subsection (a)(2) of this Section shall be guilty of a Class 3 felony.
(3) A person who commits the offense of computer fraud as set forth in
subsection (a)(3) of this Section shall:
(i) be guilty of a Class 4 felony if the value of the money, property or
services is $1,000 or less; or
(ii) be guilty of a Class 3 felony if the value of the money, property
or services is more than $1,000 but less than $50,000; or
(iii) be guilty of a Class 2 felony if the value of the money, property
or services is $50,000 or more.
(Source: P.A. 85‑926.)
Indiana
IC 35-43-1-4
Computer tampering
Sec. 4. (a) As used in this section:
"Computer network" and "computer system" have the meanings set forth
in IC 35-43-2-3.
"Computer program" means an ordered set of instructions or
statements that, when executed by a computer, causes the computer to
process data.
"Data" means a representation of information, facts, knowledge,
concepts, or instructions that:
(1) may take any form, including computer printouts, magnetic
storage media, punched cards, or stored memory;
(2) has been prepared or is being prepared; and
(3) has been processed, is being processed, or will be
processed;
in a computer system or computer network.
(b) A person who knowingly or intentionally alters or damages a
computer program or data, which comprises a part of a computer system or
computer network without the consent of the owner of the
computer system or computer network commits computer tampering, a Class
D felony. However, the offense is a:
(1) Class C felony if the offense is committed for the purpose
of terrorism; and
(2) Class B felony if the offense is committed for the purpose
of terrorism and results in serious bodily injury to a person.
As added by P.L.35-1986, SEC.2. Amended by P.L.156-2001, SEC.11.
I
C 35-43-2-3
Computer trespass
Sec. 3. (a) As used in this section:
"Access" means to:
(1) approach;
(2) instruct;
(3) communicate with;
(4) store data in;
(5) retrieve data from; or
(6) make use of resources of;
a computer, computer system, or computer network.
"Computer network" means the interconnection of communication lines
or wireless telecommunications with a computer or wireless
telecommunication device through:
(1) remote terminals;
(2) a complex consisting of two (2) or more interconnected
computers; or
(3) a worldwide collection of interconnected networks operating
as the Internet.
"Computer system" means a set of related computer equipment,
software, or hardware.
(b) A person who knowingly or intentionally accesses:
(1) a computer system;
(2) a computer network; or
(3) any part of a computer system or computer network;
without the consent of the owner of the computer system or computer
network, or the consent of the owner's licensee, commits computer
trespass, a Class A misdemeanor.
As added by P.L.35-1986, SEC.3. Amended by P.L.29-2001, SEC.1.
Iowa
716A.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. "Access" means to instruct, communicate with, store data in, or
retrieve data from a computer, computer system, or computer network.
2. "Computer" means an electronic device which performs logical,
arithmetical, and memory functions by manipulations of electronic or
magnetic impulses, and includes all input, output, processing, storage,
computer software, and communication facilities which are connected or
related to the computer in a computer system or computer network.
3. "Computer network" means a set of related, remotely connected devices
and communication facilities including two or more computers with
capability to transmit data among them through communication facilities.
4. "Computer program" means an ordered set of instructions or statements
that, when executed by a computer, causes the computer to process data.
5. "Computer software" means a set of computer programs, procedures, or
associated documentation used in the operation of a computer.
6. "Computer system" means related, connected or unconnected, computers
or peripheral equipment.
7. "Data" means a representation of information, knowledge, facts,
concepts or instructions that has been prepared or is being prepared in
a formalized manner and has been processed, or is intended to be
processed in a computer. Data may be in any form including, but not
limited to, printouts, magnetic storage media, punched cards and as
stored in the memory of a computer.
8. "Loss of property" means the greatest of the following:
a. The retail value of the property involved.
b. The reasonable replacement or repair cost, whichever is less.
9. "Loss of services" means the reasonable value of the damage created
by the unavailability or lack of utility of the property or services
involved until repair or replacement can be effected.
10. "Property" means anything of value as defined in section 702.14,
including but not limited to computers and computer data, information,
software, and programs.
11. "Services" means the use of a computer, computer system, or computer
network and includes, but is not limited to, computer time, data
processing, and storage functions.
Section History: Recent form
84 Acts, ch 1249, § 1
Internal References
Referred to in § 716A.3
716A.2 Unauthorized access.
A person who knowingly and without authorization accesses a computer,
computer system, or computer network commits a simple misdemeanor.
Section History: Recent form
84 Acts, ch 1249, § 2
716A.3 Computer damage defined.
A person commits computer damage when the person knowingly and without
authorization damages or destroys a computer, computer system, computer
network, computer software, computer program, or any other property as
defined in section 716A.1, subsection 8, or knowingly and without
authorization and with the intent to injure or defraud alters any
computer, computer system, computer network, computer software, computer
program, or any other property as defined in section 716A.1, subsection
10.
Section History: Recent form
84 Acts, ch 1249, § 3
716A.4 Computer damage in the first degree.
Computer damage is computer damage in the first degree when the damage
results in a loss of property or services of more than ten thousand
dollars. Computer damage in the first degree is a class "C" felony.
Section History: Recent form
84 Acts, ch 1249, § 4; 92 Acts, ch 1060, § 12
716A.5 Computer damage in the second degree.
Computer damage is computer damage in the second degree when the damage
results in a loss of property or services of more than one thousand
dollars but not more than ten thousand dollars. Computer damage in the
second degree is a class "D" felony.
Section History: Recent form
84 Acts, ch 1249, § 5; 92 Acts, ch 1060, § 13
716A.6 Computer damage in the third degree.
Computer damage is computer damage in the third degree when the damage
results in a loss of property or services of more than five hundred
dollars but not more than one thousand dollars. Computer damage in the
third degree is an aggravated misdemeanor.
Section History: Recent form
84 Acts, ch 1249, § 6; 92 Acts, ch 1060, § 14
716A.7 Computer damage in the fourth degree.
Computer damage is computer damage in the fourth degree when the damage
results in a loss of property or services of more than one hundred
dollars but not more than five hundred dollars. Computer damage in the
fourth degree is a serious misdemeanor.
Section History: Recent form
84 Acts, ch 1249, § 7; 92 Acts, ch 1060, § 15
716A.8 Computer damage in the fifth degree.
Computer damage is computer damage in the fifth degree when the damage
results in a loss of property or services of not more than one hundred
dollars. Computer damage in the fifth degree is a simple misdemeanor.
Section History: Recent form
84 Acts, ch 1249, § 8; 92 Acts, ch 1060, § 16
716A.9 Computer theft defined.
A person commits computer theft when the person knowingly and without
authorization accesses or causes to be accessed a computer, computer
system, or computer network, or any part thereof, for the purpose of
obtaining services, information or property or knowingly and without
authorization and with the intent to permanently deprive the owner of
possession, takes, transfers, conceals or retains possession of a
computer, computer system, or computer network or any computer software
or program, or data contained in a computer, computer system, or
computer network.
Section History: Recent form
84 Acts, ch 1249, § 9
716A.10 Computer theft in the first degree.
Computer theft is computer theft in the first degree when the theft
involves or results in a loss of services or property of more than ten
thousand dollars. Computer theft in the first degree is a class "C"
felony.
Section History: Recent form
84 Acts, ch 1249, § 10; 92 Acts, ch 1060, § 17
716A.11 Computer theft in the second degree.
Computer theft is computer theft in the second degree when the theft
involves or results in a loss of services or property of more than one
thousand dollars but not more than ten thousand dollars. Computer theft
in the second degree is a class "D" felony.
Section History: Recent form
84 Acts, ch 1249, § 11; 92 Acts, ch 1060, § 18
716A.12 Computer theft in the third degree.
Computer theft is computer theft in the third degree when the theft
involves or results in a loss of services or property of more than five
hundred dollars but not more than one thousand dollars. Computer theft
in the third degree is an aggravated misdemeanor.
Section History: Recent form
84 Acts, ch 1249, § 12; 92 Acts, ch 1060, § 19
716A.13 Computer theft in the fourth degree.
Computer theft is computer theft in the fourth degree when the theft
involves or results in a loss of services or property of more than one
hundred dollars but not more than five hundred dollars. Computer theft
in the fourth degree is a serious misdemeanor.
Section History: Recent form
84 Acts, ch 1249, § 13; 92 Acts, ch 1060, § 20
716A.14 Computer theft in the fifth degree.
Computer theft is computer theft in the fifth degree when the theft
involves or results in a loss of services or property of not more than
one hundred dollars. Computer theft in the fifth degree is a simple
misdemeanor.
Section History: Recent form
84 Acts, ch 1249, § 14; 92 Acts, ch 1060, § 21
716A.15 Chapter not exclusive.
This chapter does not preclude the applicability of any other provision
of the law of this state which is not inconsistent with this chapter and
which applies or may apply to an act or transaction in violation of this
chapter.
Section History: Recent form
84 Acts, ch 1249, § 15
716A.16 Printouts admissible as evidence.
In a prosecution under this chapter, computer printouts shall be
admitted as evidence of any computer software, program, or data
contained in or taken from a computer, notwithstanding an applicable
rule of evidence to the contrary.
Section History: Recent form
84 Acts, ch 1249, § 16
Kansas
21-3755. Computer crime; computer password disclosure;
computer trespass. (a) As used in this section:
(1) "Access" means to instruct, communicate with, store data in,
retrieve data from or otherwise make use of any resources of a computer,
computer system or computer network.
(2) "Computer" means an electronic device which performs work using
programmed instruction and which has one or more of the capabilities of
storage, logic, arithmetic or communication and includes all input,
output, processing, storage, software or communication facilities which
are connected or related to such a device in a system or network.
(3) "Computer network" means the interconnection of communication lines,
including microwave or other means of electronic communication, with a
computer through remote terminals, or a complex consisting of two or
more interconnected computers.
(4) "Computer program" means a series of instructions or statements in a
form acceptable to a computer which permits the functioning of a
computer system in a manner designed to provide appropriate products
from such computer system.
(5) "Computer software" means computer programs, procedures and
associated documentation concerned with the operation of a computer
system.
(6) "Computer system" means a set of related computer equipment or
devices and computer software which may be connected or unconnected.
(7) "Financial instrument" means any check, draft, money order,
certificate of deposit, letter of credit, bill of exchange, credit card,
debit card or marketable security.
(8) "Property" includes, but is not limited to, financial instruments,
information, electronically produced or stored data, supporting
documentation and computer software in either machine or human readable
form.
(9) "Services" includes, but is not limited to, computer time, data
processing and storage functions and other uses of a computer, computer
system or computer network to perform useful work.
(10) "Supporting documentation" includes, but is not limited to, all
documentation used in the construction, classification, implementation,
use or modification of computer software, computer programs or data.
(b) (1) Computer crime is:
(A) Intentionally and without authorization accessing and damaging,
modifying, altering, destroying, copying, disclosing or taking
possession of a computer, computer system, computer network or any other
property;
(B) using a computer, computer system, computer network or any other
property for the purpose of devising or executing a scheme or artifice
with the intent to defraud or for the purpose of obtaining money,
property, services or any other thing of value by means of false or
fraudulent pretense or representation; or
(C) intentionally exceeding the limits of authorization and damaging,
modifying, altering, destroying, copying, disclosing or taking
possession of a computer, computer system, computer network or any other
property.
(2) Computer crime is a severity level 8, nonperson felony.
(3) In any prosecution for computer crime, it is a defense that the
property or services were appropriated openly and avowedly under a claim
of title made in good faith.
(c) (1) Computer password disclosure is the unauthorized and intentional
disclosure of a number, code, password or other means of access to a
computer or computer network.
(2) Computer password disclosure is a class A nonperson misdemeanor.
(d) Computer trespass is intentionally, and without authorization
accessing or attempting to access any computer, computer system,
computer network or computer software, program, documentation, data or
property contained in any computer, computer system or computer network.
Computer trespass is a class A nonperson misdemeanor.
(e) This section shall be part of and supplemental to the Kansas
criminal code.
History: L. 1985, ch. 108, § 1; L. 1992, ch. 298, § 51; L. 1993, ch.
291, § 93; L. 1994, ch. 291, § 34; L. 1997, ch. 66, § 2; July 1.
Kentucky
434.845 Unlawful access to a computer in the first degree.
(1) A person is guilty of unlawful access to a computer in the first
degree when he or
she, without the effective consent of the owner, knowingly and
willfully, directly or
indirectly accesses, causes to be accessed, or attempts to access any
computer
software, computer program, data, computer, computer system, computer
network,
or any part thereof, for the purpose of:
(a) Devising or executing any scheme or artifice to defraud; or
(b) Obtaining money, property, or services for themselves or another by
means of
false or fraudulent pretenses, representations, or promises.
(2) Unlawful access to a computer in the first degree is a Class C
felony.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 350, sec. 2, effective July 15, 2002.
-- Created
1984 Ky. Acts ch. 210, sec. 2, effective July 13, 1984
434.850 Unlawful access to a computer in the second degree.
(1) A person is guilty of unlawful access to a computer in the second
degree when he or
she, without the effective consent of the owner, knowingly and
willfully, directly or
indirectly accesses, causes to be accessed, or attempts to access any
computer
software, computer program, data, computer, computer system, computer
network,
or any part thereof, which results in the loss or damage of three
hundred dollars
($300) or more.
(2) Unlawful access to a computer in the second degree is a Class D
felony.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 350, sec. 3, effective July 15, 2002.
-- Created
1984 Ky. Acts ch. 210, sec. 3, effective July 13, 1984.
434.851 Unlawful access in the third degree.
(1) A person is guilty of unlawful access in the third degree when he or
she, without the
effective consent of the owner, knowingly and willfully, directly or
indirectly
accesses, causes to be accessed, or attempts to access any computer
software,
computer program, data, computer, computer system, computer network, or
any part
thereof, which results in the loss or damage of less than three hundred
dollars
($300).
(2) Unlawful access to a computer in the third degree is a Class A
misdemeanor.
Effective: July 15, 2002
History: Created 2002 Ky. Acts ch. 350, sec. 4, effective July 15, 2002.
434.853 Unlawful access in the fourth degree.
(1) A person is guilty of unlawful access in the fourth degree when he
or she, without
the effective consent of the owner, knowingly and willfully, directly or
indirectly
accesses, causes to be accessed, or attempts to access any computer
software,
computer program, data, computer, computer system, computer network, or
any part
thereof, which does not result in loss or damage.
(2) Unlawful access to a computer in the fourth degree is a Class B
misdemeanor.
Effective: July 15, 2002
History: Created 2002 Ky. Acts ch. 350, sec. 5, effective July 15, 2002.
Louisiana
§73.3. Offenses against computer equipment or supplies
A. An offense against computer equipment or supplies is the intentional
modification or destruction, without consent, of computer equipment or
supplies used or intended to be used in a computer, computer system, or
computer network.
B. (1) Whoever commits an offense against computer equipment or supplies
shall be fined not more than five hundred dollars, or be imprisoned for
not more than six months, or both.
(2) However, when the damage or loss amounts to a value of five hundred
dollars or more, the offender may be fined not more than ten thousand
dollars, or imprisoned with or without hard labor, for not more than
five years, or both.
Acts 1984, No. 711, §1.
§73.5. Computer fraud
A. Computer fraud is the accessing or causing to be accessed of any
computer, computer system, computer network, or any part thereof with
the intent to:
(1) Defraud; or
(2) Obtain money, property, or services by means of false or fraudulent
conduct, practices, or representations, or through the fraudulent
alteration, deletion, or insertion of programs or data.
B. Whoever commits computer fraud shall be fined not more than ten
thousand dollars, or imprisoned with or without hard labor for not more
than five years, or both.
A. Computer tampering is the intentional commission of any of the
actions enumerated in this Subsection when that action is taken
knowingly and without the authorization of the owner of a computer:
(1) Accessing or causing to be accessed a computer or any part of a
computer or any program or data contained within a computer.
(2) Copying or otherwise obtaining any program or data contained within
a computer.
(3) Damaging or destroying a computer, or altering, deleting, or
removing any program or data contained within a computer, or eliminating
or reducing the ability of the owner of the computer to access or
utilize the computer or any program or data contained within the
computer.
(4) Introducing or attempting to introduce any electronic information of
any kind and in any form into one or more computers, either directly or
indirectly, and either simultaneously or sequentially, with the
intention of damaging or destroying a computer, or altering, deleting,
or removing any program or data contained within a computer, or
eliminating or reducing the ability of the owner of the computer to
access or utilize the computer or any program or data contained within
the computer.
B. For purposes of this Section:
(1) Actions which are taken without authorization include actions which
intentionally exceed the limits of authorization.
(2) If an owner of a computer has established a confidential or
proprietary code which is required in order to access a computer, and
that code has not been issued to a person, and that person uses that
code to access that computer or to cause that computer to be accessed,
that action creates a rebuttable presumption that the action was taken
without authorization or intentionally exceeded the limits of
authorization.
(3) The vital services or operations of the state, or of any parish,
municipality, or other local governing authority, or of any utility
company are the services or operations which are necessary to protect
the public health, safety, and welfare, and include but are not limited
to: law enforcement; fire protection; emergency services; health care;
transportation; communications; drainage; sewerage; and utilities,
including water, electricity, and natural gas and other forms of energy.
C. Whoever commits the crime of computer tampering as defined in
Paragraphs (A)(1) and (2) of this Section shall be fined not more than
five hundred dollars or imprisoned for not more that six months, or
both.
D. Whoever commits the crime of computer tampering as defined in
Paragraphs (A)(3) and (4) of this Section shall be fined not more than
ten thousand dollars or imprisoned, with or without hard labor, for not
more that five years, or both.
E. Whoever violates the crime of computer tampering as defined in
Paragraphs (A)(3) and (4) of this Section with the intention of
disrupting the vital services or operations of the state, or of any
parish, municipality, or other local governing authority, or of any
utility company, or with the intention of causing death or great bodily
harm to one or more persons, shall be fined not more than ten thousand
dollars or imprisoned at hard labor for not more that fifteen years, or
both.
Acts 2001, No. 829, §1
Maine
§432. Exceptions to public records; review
1. Recommendations. During the second regular session of each
Legislature, the review committee may report out legislation containing
its recommendations concerning the repeal, modification and continuation
of public records exceptions and any recommendations concerning the
exception review process. Before reporting out legislation, the review
committee shall notify the appropriate committees of jurisdiction
concerning public hearings and work sessions and shall allow members of
the appropriate committees of jurisdiction to participate in work
sessions.
[2005, c. 631, §3 (AMD).]
2. Process of evaluation. According to the schedule in section 433, the
advisory committee shall evaluate each public records exception that is
scheduled for review that biennium. This section does not prohibit the
evaluation of a public record exception by either the advisory committee
or the review committee at a time other than that listed in section 433.
The following criteria apply in determining whether each exception
scheduled for review should be repealed, modified or remain unchanged:
A. Whether a record protected by the exception still needs to be
collected and maintained; [2003, c. 709, §3 (NEW).]
B. The value to the agency or official or to the public in maintaining a
record protected by the exception; [2003, c. 709, §3 (NEW).]
C. Whether federal law requires a record to be confidential; [2003, c.
709, §3 (NEW).]
D. Whether the exception protects an individual's privacy interest and,
if so, whether that interest substantially outweighs the public interest
in the disclosure of records; [2003, c. 709, §3 (NEW).]
E. Whether public disclosure puts a business at a competitive
disadvantage and, if so, whether that business's interest substantially
outweighs the public interest in the disclosure of records; [2003, c.
709, §3 (NEW).]
F. Whether public disclosure compromises the position of a public body
in negotiations and, if so, whether that public body's interest
substantially outweighs the public interest in the disclosure of
records; [2003, c. 709, §3 (NEW).]
G. Whether public disclosure jeopardizes the safety of a member of the
public or the public in general and, if so, whether that safety interest
substantially outweighs the public interest in the disclosure of
records; [2003, c. 709, §3 (NEW).]
H. Whether the exception is as narrowly tailored as possible; and [2003,
c. 709, §3 (NEW).]
I. Any other criteria that assist the review committee in determining
the value of the exception as compared to the public's interest in the
record protected by the exception. [2003, c. 709, §3 (NEW).]
[2005, c. 631, §3 (AMD).]
2-A. Accountability review of agency or official. In evaluating each
public records exception, the advisory committee shall, in addition to
applying the criteria of subsection 2, determine whether there is a
publicly accountable entity that has authority to review the agency or
official that collects, maintains or uses the record subject to the
exception in order to ensure that information collection, maintenance
and use are consistent with the purpose of the exception and that public
access to public records is not hindered.
[2005, c. 631, §3 (NEW).]
2-B. Recommendations to review committee. The advisory committee shall
report its recommendations under this section to the review committee no
later than the convening of the second regular session of each
Legislature.
[2005, c. 631, §3 (NEW).]
3. Assistance from committees of jurisdiction. The advisory committee
may seek assistance in evaluating public records exceptions from the
joint standing committees of the Legislature having jurisdiction over
the subject matter related to the exceptions being reviewed. The
advisory committee may hold public hearings after notice to the
appropriate committees of jurisdiction.
[2005, c. 631, §3 (AMD).]
SECTION HISTORY
2003, c. 709, §3 (NEW). 2005, c. 631, §3 (AMD).
Maryland
Annotated Code of Maryland
Criminal Law
Subtitle 3: Crimes Involving Telecommunications and Electronics
Section 7-302
(a) Definitions. – (1) In this section the following words have the
meanings indicated.
(2) "Access" means to instruct, communicate with, store data in,
retrieve or
intercept data from, or otherwise use the resources of a computer
program, computer
system, or computer network.
(3) (i) "Aggregate amount" means a direct loss of property or services
incurred by a victim.
(ii)"Aggregate amount" includes:
1. the value of any money, property, or services lost, stolen, or
rendered
unrecoverable by the crime; or
2. any actual reasonable expenditure incurred by the victim to verify
whether a computer program, computer, computer system, or
computer network was altered, acquired, damaged, deleted, disrupted,
or destroyed by access in violation of this section.
(4) (i) "Computer" means an electronic, magnetic, optical, organic, or
other
data processing device or system that performs logical, arithmetic,
memory, or storage
functions.
(ii) "Computer" includes property, a data storage facility, or a
communications facility that is directly related to or operated with a
computer.
(iii) "Computer" does not include an automated typewriter, a typesetter,
or a
portable calculator.
(5) "Computer Control Language" means ordered statements that direct a
computer to perform specific functions.
(6) "Computer database" means a representation of information,
knowledge,
facts, concepts, or instructions that:
(i) is intended for use in a computer, computer system, or computer
network; and
(ii)
1. is being prepared or has been prepared in a formalized manner; or
2.is being produced or has been produced by a computer, computer
system, or computer network.
(7) "Computer Network" means the interconnection of one or more
interconnected computers through:
(i)
the use of a satellite, microwave, line, or other communication
medium; and
(ii)
terminals or a complex consisting of two or more interconnected
computers regardless of whether the interconnection is continuously
maintained.
(8) "Computer program" means an ordered set of instructions or
statements that
may interact with related data and, when executed in a computer system,
causes a computer to perform specified functions..
(9) "Computer services" includes computer time, data processing, and
storage
functions.
(10) "Computer software" means a computer program, instruction,
procedure, or
associated document regarding the operation of a computer system.
(11) "Computer system" means one or more connected or unconnected
computers, peripheral devices, computer software, data, or computer
programs.
(b) Application of other provisions. – This section does not preclude
the applicability
of any other provision of this Code.
(c) Prohibited. – (1) A person may not intentionally, willfully, and
without
authorization access, attempt to access, cause to be accessed, or exceed
the
person's authorized access to all or part of a computer network,
computer control
language, computer, computer software, computer system, computer
services, or
computer database.
(2) A person may not commit an act prohibited by paragraph (1) of this
subsection with the intent to:
(i)
cause the malfunction or interrupt the operation of all or any part
of a computer, computer network, computer control language,
computer software, computer system, computer services, or
computer data; or
(ii)
alter, damage, or destroy all or any part of data or a computer
program stored, maintained, or produced by a computer,
computer network, computer software, computer system,
computer services, or computer database.
(3) A person may not intentionally, willfully, and without
authorization:
(i)
possess, identify, or attempt to identify a valid access code; or
(ii)
publicize or distribute a valid access code to an unauthorized
person.
(d) Penalty. – (1) A person who violates subsection (c)(1) of this
section is guilty of
a misdemeanor and on conviction is subject to imprisonment not
exceeding 3 years or a fine not exceeding $1,000 or both.
(2) A person who violates subsection (c)(2) or (3) of this section:
(i)
if the aggregate amount of the loss is $10,000 or more, is guilty
of a felony and on conviction is subject to imprisonment not
exceeding 10 years or a fine not exceeding $5,000 or both.
(ii)
if the aggregate amount of the loss is less than $10,000, is guilty
of a misdemeanor and on conviction is subject to imprisonment
not exceeding 5 years or a fine not exceeding $5,000 or both.
(e) Course of Conduct. – Access achieved in violation of this section
under a single
scheme or a continuing course of conduct may be considered as one
violation.
(f) Venue. – A court of competent jurisdiction may try a person
prosecuted under this
section in any county in this State where:
(1) the defendant performed the act; or
(2) the accessed computer is located. (An. Code 1957, art.27, S 146;
2002, ch.
26, S 2.)
Massachusetts
PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGSIN CRIMINAL CASES
TITLE I. CRIMES AND PUNISHMENTS
CHAPTER 266. CRIMES AGAINST PROPERTY
Chapter 266: Section 33A. Obtaining computer services by fraud or
misrepresentation; penalties
Section 33A. Whoever, with intent to defraud, obtains, or attempts to
obtain, or aids or abets another in obtaining, any commercial computer
service by false representation, false statement, unauthorized charging
to the account of another, by installing or tampering with any
facilities or equipment or by any other means, shall be punished by
imprisonment in the house of correction for not more than two and
one-half years or by a fine of not more than three thousand dollars, or
both. As used in this section, the words "commercial computer service"
shall mean the use of computers, computer systems, computer programs or
computer networks, or the access to or copying of the data, where such
use, access or copying is offered by the proprietor or operator of the
computer, system, program, network or data to others on a subscription
or other basis for monetary consideration.
Michigan
FRAUDULENT ACCESS TO COMPUTERS, COMPUTER SYSTEMS, AND COMPUTER
NETWORKS (EXCERPT)
Act 53 of 1979
752.794 Prohibited access to computer program, computer, computer
system, or computer network.
Sec. 4.
A person shall not intentionally access or cause access to be made to a
computer program, computer, computer system, or computer network to
devise or execute a scheme or artifice with the intent to defraud or to
obtain money, property, or a service by a false or fraudulent pretense,
representation, or promise.
609.87 COMPUTER CRIME; DEFINITIONS.
Subdivision 1. Applicability. For purposes of sections 609.87 to 609.891
and 609.8912 to
609.8913, the terms defined in this section have the meanings given
them.
Subd. 2. Access. "Access" means to instruct, communicate with, store
data in, or retrieve
data from a computer, computer system, or computer network.
Subd. 2a. Authorization. "Authorization" means with the permission of
the owner of
the computer, computer system, computer network, computer software, or
other property.
Authorization may be limited by the owner by:
(1) giving the user actual notice orally or in writing;
(2) posting a written notice in a prominent location adjacent to the
computer being used; or
(3) using a notice displayed on or announced by the computer being used.
Subd. 3. Computer. "Computer" means an electronic device which performs
logical,
arithmetic or memory functions by the manipulations of signals,
including but not limited
to electronic or magnetic impulses.
Subd. 4. Computer system. "Computer system" means related, connected or
unconnected,
computers and peripheral equipment.
Subd. 5. Computer network. "Computer network" means the interconnection
of
a communication system with a computer through a remote terminal, or
with two or
more interconnected computers or computer systems, and includes private
and public
telecommunications networks.
Subd. 6. Property. "Property" includes, but is not limited to,
electronically processed or
produced data and information contained in a computer or computer
software in either machine or
human readable form.
Subd. 7. Services. "Services" includes but is not limited to, computer
time, data processing,
and storage functions.
Subd. 8. Computer program. "Computer program" means an instruction or
statement
or a series of instructions or statements, in a form acceptable to a
computer, which directs the
functioning of a computer system in a manner designed to provide
appropriate products from the
computer.
Subd. 9. Computer software. "Computer software" means a computer program
or
procedures, or associated documentation concerned with the operation of
a computer.
Subd. 10. Loss. "Loss" means the greatest of the following:
(a) the retail market value of the property or services involved;
(b) the reasonable repair or replacement cost, whichever is less; or
(c) the reasonable value of the damage created by the unavailability or
lack of utility of the
property or services involved until repair or replacement can be
effected.
Subd. 11. Computer security system. "Computer security system" means a
software
program or computer device that is intended to protect the
confidentiality and secrecy of data and
information stored in or accessible through the computer system.
Subd. 12. Destructive computer program. "Destructive computer program"
means a
computer program that performs a destructive function or produces a
destructive product. A
program performs a destructive function if it degrades performance of
the affected computer,
associated peripherals or a computer program; disables the computer,
associated peripherals or a
computer program; or destroys or alters computer programs or data. A
program produces a
destructive product if it produces unauthorized data, including data
that make computer memory
space unavailable; results in the unauthorized alteration of data or
computer programs; or
produces a destructive computer program, including a self-replicating
computer program.
Subd. 13. Encryption. "Encryption" means any protective or disruptive
measure, including
but not limited to, cryptography, enciphering, or encoding that:
(1) causes or makes any data, information, image, program, signal, or
sound unintelligible
or unusable; or
(2) prevents, impedes, delays, or disrupts access to any data,
information, image, program,
signal, or sound.
Subd. 14. Personal data. "Personal data" means any computer property or
computer
program which contains records of the employment, salary, credit, or
other financial or personal
information relating to another person.
History: 1982 c 534 s 1; 1989 c 95 s 2,3; 1989 c 159 s 1; 1990 c 494 s
3,4; 1994 c 636
art 2 s 50; 2006 c 260 art 1 s 30-33
609.88 COMPUTER DAMAGE.
Subdivision 1. Acts. Whoever does any of the following is guilty of
computer damage and
may be sentenced as provided in subdivision 2:
(a) intentionally and without authorization damages or destroys any
computer, computer
system, computer network, computer software, or any other property
specifically defined in
section 609.87, subdivision 6;
(b) intentionally and without authorization or with intent to injure or
defraud alters any
computer, computer system, computer network, computer software, or any
other property
specifically defined in section 609.87, subdivision 6; or
(c) distributes a destructive computer program, without authorization
and with intent to
damage or destroy any computer, computer system, computer network,
computer software, or any
other property specifically defined in section 609.87, subdivision 6.
Subd. 2. Penalty. Whoever commits computer damage may be sentenced as
follows:
(a) To imprisonment for not more than ten years or to payment of a fine
of not more than
$50,000, or both, if the damage, destruction or alteration results in a
loss in excess of $2,500,
to the owner, or the owner's agent, or lessee;
(b) To imprisonment for not more than five years or to payment of a fine
of not more than
$10,000, or both, if the damage, destruction or alteration results in a
loss of more than $500, but
not more than $2,500 to the owner, or the owner's agent or lessee; or
(c) In all other cases to imprisonment for not more than 90 days or to
payment of a fine
of not more than $1,000, or both.
History: 1982 c 534 s 2; 1984 c 628 art 3 s 11; 1986 c 444; 1989 c 159 s
2; 1994 c 636 art 2
s 51; 2004 c 228 art 1 s 72
609.89 COMPUTER THEFT.
Subdivision 1. Acts. Whoever does any of the following is guilty of
computer theft and
may be sentenced as provided in subdivision 2:
(a) intentionally and without authorization or claim of right accesses
or causes to be accessed
any computer, computer system, computer network or any part thereof for
the purpose of
obtaining services or property; or
(b) intentionally and without claim of right, and with intent to deprive
the owner of use or
possession, takes, transfers, conceals or retains possession of any
computer, computer system, or
any computer software or data contained in a computer, computer system,
or computer network.
Subd. 2. Penalty. Anyone who commits computer theft may be sentenced as
follows:
(a) to imprisonment for not more than ten years or to payment of a fine
of not more than
$50,000, or both, if the loss to the owner, or the owner's agent, or
lessee is in excess of $2,500; or
(b) to imprisonment for not more than five years or to payment of a fine
of not more than
$10,000, or both, if the loss to the owner, or the owner's agent, or
lessee is more than $500
but not more than $2,500; or
(c) in all other cases to imprisonment for not more than 90 days or to
payment of a fine
of not more than $1,000, or both.
History: 1982 c 534 s 3; 1984 c 628 art 3 s 11; 1986 c 444; 1994 c 636
art 2 s 52; 2004 c
228 art 1 s 72
609.891 UNAUTHORIZED COMPUTER ACCESS.
Subdivision 1. Crime. A person is guilty of unauthorized computer access
if the person
intentionally and without authorization attempts to or does penetrate a
computer security system.
Subd. 2. Felony. (a) A person who violates subdivision 1 in a manner
that creates a grave
risk of causing the death of a person is guilty of a felony and may be
sentenced to imprisonment
for not more than ten years or to payment of a fine of not more than
$20,000, or both.
(b) A person who is convicted of a second or subsequent gross
misdemeanor violation of
subdivision 1 is guilty of a felony and may be sentenced under paragraph
(a).
Subd. 3. Gross misdemeanor. (a) A person who violates subdivision 1 in a
manner that
creates a risk to public health and safety is guilty of a gross
misdemeanor and may be sentenced
to imprisonment for a term of not more than one year or to payment of a
fine of not more than
$3,000, or both.
(b) A person who violates subdivision 1 in a manner that compromises the
security of
data that are protected under section 609.52, subdivision 2, clause (8),
or are not public data as
defined in section 13.02, subdivision 8a, is guilty of a gross
misdemeanor and may be sentenced
under paragraph (a).
(c) A person who violates subdivision 1 and gains access to personal
data is guilty of a gross
misdemeanor and may be sentenced under paragraph (a).
(d) A person who is convicted of a second or subsequent misdemeanor
violation of
subdivision 1 within five years is guilty of a gross misdemeanor and may
be sentenced under
paragraph (a).
Subd. 4. Misdemeanor. A person who violates subdivision 1 is guilty of a
misdemeanor and
may be sentenced to imprisonment for a term of not more than 90 days or
to payment of a fine
of not more than $1,000, or both.
History: 1989 c 95 s 4; 1993 c 326 art 13 s 34; 2004 c 228 art 1 s 72;
2006 c 260 art 1 s 34,35
Mississippi
MISSISSIPPI CODE OF 1972
SEC. 97-45-1. Definitions.
For the purposes of this chapter, the following words shall have the
meanings ascribed herein unless the context clearly requires otherwise:
(a) "Access" means to program, to execute programs on, to communicate
with, store data in, retrieve data from or otherwise make use of any
resources, including data or programs, of a computer, computer system or
computer network.
(b) "Computer" includes an electronic, magnetic, optical or other
high-speed data processing device or system performing logical
arithmetic and storage functions and includes any property, data storage
facility or communications facility directly related to or operating in
conjunction with such device or system. "Computer" shall not include an
automated typewriter or typesetter, a machine designed solely for word
processing which contains no database intelligence or a portable
hand-held calculator nor shall "computer" include any other device which
contains components similar to those in computers but in which the
components have the sole function of controlling the device for the
single purpose for which the device is intended unless the thus
controlled device is a processor of data or is a storage of intelligence
in which case it too is included.
(c) "Computer network" means a set of related, remotely connected
devices and communication facilities including at least one (1) computer
system with the capability to transmit data through communication
facilities.
(d) "Computer program" means an ordered set of data representing coded
instructions or statements that when executed by a computer cause the
computer to process data.
(e) "Computer software" means a set of computer programs, procedures and
associated documentation concerned with operation of a computer system.
(f) "Computer system" means a set of functionally related, connected or
unconnected, computer equipment, devices or computer software.
(g) "Computer services" means providing access to or service or data
from a computer, a computer system or a computer network and includes
the actual data processing.
(h) "Credible threat" means a threat made with the intent and the
apparent ability to carry out the threat so as to cause the person who
is the target of the threat to reasonably fear for his or her safety.
(i) "Loss or damage" includes any reasonable cost to any victim,
including the cost of responding to an offense, conducting a damage
assessment, and restoring the data, program, system, or information to
its condition prior to the offense, and any revenue lost, cost incurred
or other consequential damages incurred because of interruption of
service.
(j) "Device" includes, but is not limited to, an electronic, magnetic,
electrochemical, biochemical, hydraulic, optical, or organic object that
performs input, output, or storage functions by the manipulation of
electronic, magnetic or other impulses.
(k) "Electronic communication" means any transfer of signs, signals,
writing, images, sounds, data, or intelligence of any nature,
transmitted in whole or in part by a wire, radio, computer,
electromagnetic, photoelectric or photo-optical system.
(l) "Electronic mail" means the transmission of information or
communication by the use of the Internet, a computer, a facsimile
machine, a pager, a cellular telephone, a video recorder or other
electronic means sent to a person identified by a unique address or
address number and received by that person.
(m) "Emotional distress" means significant mental suffering or distress
that may, but does not necessarily, require medical or other
professional treatment or counseling.
(n) "Financial instrument" means any check, draft, money order,
certificate of deposit, letter of credit, bill of exchange, credit card
as defined in Section 97-19-9(b), Mississippi Code of 1972, or
marketable security.
(o) "Financial transaction device" means any of the following:
(i) An electronic funds transfer card.
(ii) A credit card.
(iii) A debit card.
(iv) A point-of-sale card.
(v) Any instrument, device, card, plate, code, account number, personal
identification number, or a record or copy of a code, account number, or
personal identification number or other means of access to a credit
account or deposit account, or a driver's license or state
identification card used to access a proprietary account, other than
access originated solely by a paper instrument, that can be used alone
or in conjunction with another access device, for any of the following
purposes.
1. Obtaining money, cash refund or credit account credit, goods,
services or any other thing of value.
2. Certifying or guaranteeing to a person or business the availability
to the device holder of funds on deposit to honor a draft or check
payable to the order of that person or business.
3. Providing the device holder access to a deposit account for the
purpose of making deposits, withdrawing funds, transferring funds
between deposit accounts, obtaining information pertaining to a deposit
account or making an electronic funds transfer.
(p) "Intellectual property" includes data, computer programs, computer
software, trade secrets, copyrighted materials and confidential or
proprietary information in any form or medium when such is stored in,
produced by or intended for use or storage with or in a computer, a
computer system or a computer network.
(q) "Internet" means that term as defined in Section 230 of Title II of
the Communications Act of 1934, Chapter 652, 110 Stat. 137, 47 USCS 230.
(r) "Medical records" includes, but is not limited to, medical and
mental health histories, reports, summaries, diagnoses and prognoses,
treatment and medication information, notes, entries, and x-rays and
other imaging records.
(s) "Personal identity information" means any of the following
information of another person:
(i) A social security number.
(ii) A driver's license number or state personal identification card
number.
(iii) Employment information.
(iv) Information regarding any financial account held by another person
including, but not limited to, any of the following:
1. A savings or checking account number.
2. A financial transaction device account number.
3. A stock or other security certificate or account number.
4. A personal information number for an account described in items 1
through 4.
(t) "Post a message" means transferring, sending, posting, publishing,
disseminating, or otherwise communicating or attempting to transfer,
send, post, publish, disseminate or otherwise communicate information,
whether truthful or untruthful, about the victim.
(u) "Property" means property as defined in Section 1-3-45, Mississippi
Code of 1972, and shall specifically include, but not be limited to,
financial instruments, electronically stored or produced data and
computer programs, whether in machine readable or human readable form.
(v) "Proper means" includes:
(i) Discovery by independent invention;
(ii) Discovery by "reverse engineering"; that is, by starting with the
known product and working backward to find the method by which it was
developed. The acquisition of the known product must be by lawful means;
(iii) Discovery under license or authority of the owner;
(iv) Observation of the property in public use or on public display; or
(v) Discovery in published literature.
(w) "Unconsented contact" means any contact with another individual that
is initiated or continued without that individual's consent or in
disregard of that individual's expressed desire that the contact be
avoided or discontinued. Unconsented contact includes any of the
following:
(i) Following or appearing within sight of the victim.
(ii) Approaching or confronting the victim in a public place or on
private property.
(iii) Appearing at the victim's workplace or residence.
(iv) Entering onto or remaining on property owned, leased or occupied by
the victim.
(v) Contacting the victim by telephone.
(vi) Sending mail or electronic communications to the victim through the
use of any medium, including the Internet or a computer, computer
program, computer system or computer network.
(vii) Placing an object on, or delivering or having delivered an object
to, property owned, leased or occupied by the victim.
(x) "Use" means to make use of, to convert to one's service, to avail
oneself of or to employ. In the context of this act, "use" includes to
instruct, communicate with, store data in or retrieve data from, or
otherwise utilize the logical arithmetic or memory functions of a
computer.
(y) "Victim" means the individual who is the target of the conduct
elicited by the posted message or a member of that individual's
immediate family.
SOURCES: Laws, 1985, ch. 319, Sec. 1; Laws, 2003, ch. 562, § 4, SB 2756,
eff from and after July 1, 2003.
SEC. 97-45-2. Identity theft; definitions; Investigative
authority of Attorney General; form of subpoena; enforcement and penal
provisions; refusal to produce documents as requested by subpoena;
confidentiality of information.
(1) For the purposes of this chapter, "identity theft" includes crimes
chargeable under the following provisions of law:
(a) Section 97-9-79, which relates to false information.
(b) Section 97-19-83, which relates to fraud by mail or other means of
communication.
(c) Section 97-19-85, which relates to the fraudulent use of identity
social security number, credit card or debit card number or other
identifying information.
(d) Section 97-45-19, which relates to obtaining personal identity
information of another person without authorization.
(2) (a) In conducting identity theft investigations, the Attorney
General shall have the authority to issue and serve subpoenas to any
person in control of any designated documents for the production of such
documents, including, but not limited to, writings, drawings, graphs,
charts, photographs, phono-records and other data compilations from
which information can be obtained, or translated through detection
devices into reasonably usable form. Such subpoenas shall require the
named person, his agent or attorney, to appear and deliver the
designated documents to a location in the county of his residence unless
the court for good cause shown directs that the subpoena be issued for
the person to deliver such documents to a location outside of the county
of his residence. Mere convenience of the Attorney General shall not be
considered good cause. The Attorney General or his designee shall have
the authority to inspect and copy such documents. Such subpoenas shall
be issued only upon the ex parte and in camera application of the
Attorney General to the circuit or chancery court of the county of
residence of the person in control of the documents or the circuit or
chancery court of the county where the person in control of the
documents may be found, and only upon a showing that the documents
sought are relevant to a criminal investigation under this act or may
lead to the discovery of such relevant evidence. Thereafter said court
shall have jurisdiction to enforce or quash such subpoenas and to enter
appropriate orders thereon, and nothing contained in this section shall
affect the right of a person to assert a claim that the information
sought is privileged by law.
(b) A subpoena issued pursuant to this subsection shall be in
substantially the following form:
SUBPOENA TO PRODUCE DOCUMENTS
PURSUANT TO AN INVESTIGATION BY THE ATTORNEY GENERAL
TO:
YOU ARE HEREBY COMMANDED to appear before the Attorney General of the
State of Mississippi or his designated staff attorney at the place, date
and time specified below in an investigation being conducted by the
Attorney General pursuant to Section ______, Mississippi Code of 1972:
Place ____________ Date and Time ____________
YOU ARE ALSO COMMANDED to bring with you the following document(s) or
object(s) ____________________________________.
You are advised that the ___ Court of the ___ Judicial District of
__________ County, Mississippi, has approved the ex parte and in camera
application of the Attorney General to issue this subpoena, and
jurisdiction to enforce and/or quash the subpoena and to enter
appropriate orders thereon is statutorily vested in the said court;
enforcement and penal provisions applicable to an Attorney General's
investigation include those set forth in Section ______, Mississippi
Code of 1972; and disclosure of testimony and/or records coming into
possession of the Attorney General pursuant to this subpoena shall be
limited by and subject to the provisions of said section (for
informational purposes, these cited statutes are reproduced on the
reverse side of this subpoena).
You may wish to consult an attorney in regard to this subpoena. You have
certain state and federal constitutional rights, including your
protection against self-incrimination and unreasonable search and
seizure which this subpoena may affect.
ISSUED BY AND UNDER SEAL OF THE ATTORNEY GENERAL OF THE STATE OF
MISSISSIPPI, this the ___ day of __________, 20___.
(SEAL)________________________________
(c) Following service of any subpoena, pursuant to the provisions of
this subsection, a record of the return shall be made and kept by the
Attorney General and subject only to such disclosure as may be
authorized pursuant to the provisions of this section.
(3) Enforcement and penal provisions applicable to an investigation
under this section shall include the following:
(a) If a person who has been served with a subpoena, which has been
issued and served upon him in accordance with the provisions of this
section, shall fail to deliver or have delivered the designated
documents at the time and place required in the subpoena, on application
of the Attorney General the circuit or chancery court having approved
the issuance of the subpoena may issue an attachment for such person,
returnable immediately, or at such time and place as the court may
direct. Bond may be required and fine imposed and proceedings had
thereon as in the case of a subpoenaed witness who fails to appear in
circuit or chancery court.
(b) Every person who shall knowingly and willfully obstruct, interfere
with or impede an investigation under this section by concealing or
destroying any documents, papers or other tangible evidence which are
relevant to an investigation under this section shall be guilty of a
felony and, upon conviction, shall be punished by a fine of not more
than Five Thousand Dollars ($5,000.00) or by imprisonment for not more
than five (5) years, or by both such fine and imprisonment.
(c) Every person who shall knowingly and willfully endeavor, by means of
bribery, force or intimidation, to obstruct, delay or prevent the
communication of information to any agent or employee of the Office of
the Attorney General or who injures another person for the purpose of
preventing the communication of such information or an account of the
giving of such information relevant to an investigation under this
section shall be guilty of a felony and, upon conviction, shall be
punished by a fine of not more than Five Thousand Dollars ($5,000.00) or
by imprisonment for not more than five (5) years, or by both such fine
and imprisonment.
(d) The provisions of paragraphs (a), (b) and (c) of this subsection
shall not prohibit the enforcement of, or prosecution under, any other
statutes of this state.
(4) (a) If any person shall refuse, or is likely to refuse, on the basis
of his privilege against self-incrimination, to produce the designated
documents as requested by a subpoena issued under this section or issued
by a court, the Attorney General may request the court, ex parte and in
camera, to issue an order requiring such person to produce the documents
information which he refuses to give or provide on the basis of his
privilege against self-incrimination. The Attorney General may request
said order under this subsection when, in his judgment:
(i) The documents sought from such individual may be necessary to the
public interest; and
(ii) Such individual has refused or is likely to refuse to produce the
designated document on the basis of his privilege against
self-incrimination.
Following such request, an order shall issue in accordance with this
section requiring such person to produce the documents which he refuses
to produce on the basis of his privilege against self-incrimination.
(b) Whenever a witness refuses, on the basis of his privilege against
self-incrimination, to produce documents, and the court issues to the
witness an order under paragraph (a) of this subsection, the witness may
not refuse to comply with the order on the basis of his privilege
against self-incrimination, but no documents or information compelled
under the aforesaid order, or any information directly or indirectly
derived from such documents may be used against the witness in any
criminal proceeding, except a prosecution for perjury, giving a false
statement, or otherwise failing to comply with the order.
(5) Documents in the possession of the Attorney General gathered
pursuant to the provisions of this section and subpoenas issued by him
shall be maintained in confidential files with access limited to
prosecutorial and other law enforcement investigative personnel on a
"need to know" basis and shall be exempt from the provisions of the
Mississippi Public Records Act of 1983, except that upon the filing of
an indictment or information, or upon the filing of an action for
recovery of property, funds or fines, such documents shall be subject to
such disclosure as may be required pursuant to the applicable statutes
or court rules governing the trial of any such judicial proceeding.
(6) No person, including the Attorney General, a member of his staff,
prosecuting attorney, law enforcement officer, witness, court reporter,
attorney or other person, shall disclose to an unauthorized person
documents, including subpoenas issued and served, gathered by the
Attorney General pursuant to the provisions of this section, except that
upon the filing of an indictment or information, or upon the filing of
an action for recovery of property, funds or fines, or in other legal
proceedings, such documents shall be subject to such disclosure as may
be required pursuant to applicable statutes and court rules governing
the trial of any such judicial proceeding. In event of an unauthorized
disclosure of any such documents gathered by the Attorney General
pursuant to the provisions of this section, the person making any such
unauthorized disclosure shall be guilty of a misdemeanor, and upon
conviction thereof, shall be punished by a fine of not more than One
Thousand Dollars ($1,000.00), or imprisonment of not more than six (6)
months, or by both such fine and imprisonment.
(7) The powers of the Attorney General under this section shall not
diminish the powers of local authorities to investigate or prosecute any
type of identity theft crime or any other criminal conduct within their
respective jurisdictions, and the provisions of this section shall be in
addition to the powers and authority previously granted the Attorney
General by common, constitutional, statutory or case law.
SOURCES: Laws, 2004, ch. 526, § 6, SB 2957, eff from and after July 1,
2004.
SEC. 97-45-3. Computer fraud; penalties.
(1) Computer fraud is the accessing or causing to be accessed of any
computer, computer system, computer network or any part thereof with the
intent to:
(a) Defraud; * * *
(b) Obtain money, property or services by means of false or fraudulent
conduct, practices or representations; or through the false or
fraudulent alteration, deletion or insertion of programs or data; or
(c) Insert or attach or knowingly create the opportunity for an
unknowing and unwanted insertion or attachment of a set of instructions
or a computer program into a computer program, computer, computer
system, or computer network, that is intended to acquire, alter, damage,
delete, disrupt, or destroy property or otherwise use the services of a
computer program, computer, computer system or computer network.
(2) Whoever commits the offense of computer fraud shall be punished,
upon conviction, by a fine of not more than One Thousand Dollars
($1,000.00), or by imprisonment for not more than six (6) months, or by
both such fine and imprisonment. However, when the damage or loss or
attempted damage or loss amounts to a value of Five Hundred Dollars
($500.00) or more, the offender may be punished, upon conviction, by a
fine of not more than Ten Thousand Dollars ($10,000.00) or by
imprisonment for not more than five (5) years, or by both such fine and
imprisonment.
SOURCES: Laws, 1985, ch. 319, Sec. 2; Laws, 2003, ch. 562, § 5, SB 2756,
eff from and after July 1, 2003.
SEC. 97-45-5. Offense against computer users; penalties.
(1) An offense against computer users is the intentional:
(a) Denial to an authorized user, without consent, of the full and
effective use of or access to a computer, a computer system, a computer
network or computer services; or
(b) Use or disclosure to another, without consent, of the numbers,
codes, passwords or other means of access to a computer, a computer
system, a computer network or computer services.
(2) Whoever commits an offense against computer users shall be punished,
upon conviction, by a fine of not more than One Thousand Dollars
($1,000.00), or by imprisonment for not more than six (6) months, or by
both such fine and imprisonment. However, when the damage or loss
amounts to a value of One Hundred Dollars ($100.00) or more, the
offender may be punished, upon conviction, by a fine of not more than
Ten Thousand Dollars ($10,000.00), or imprisonment for not more than
five (5) years, or by both such fine and imprisonment.
SOURCES: Laws, 1985, ch. 319, Sec. 3, eff from and after July 1, 1985.
SEC. 97-45-7. Offense against computer equipment; penalties.
(1) An offense against computer equipment or supplies is the intentional
modification or destruction, without consent, of computer equipment or
supplies used or intended to be used in a computer, computer system or
computer network.
(2) Whoever commits an offense against computer equipment or supplies
shall be punished, upon conviction, by a fine of not more than One
Thousand Dollars ($1,000.00), or by imprisonment for not more than six
months or both such fine and imprisonment. However, when the damage or
loss amounts to a value of One Hundred Dollars ($100.00) or more, the
offender may be punished, upon conviction, by a fine of not more than
Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than
five (5) years, or by both such fine and imprisonment.
SOURCES: Laws, 1985, ch. 319, Sec. 4, eff from and after July 1, 1985.
SEC. 97-45-9. Offense against intellectual property; penalties.
(1) An offense against intellectual property is the intentional:
(a) Destruction, insertion or modification, without consent, of
intellectual property; or
(b) Disclosure, use, copying, taking or accessing, without consent, of
intellectual property.
(2) Whoever commits an offense against intellectual property shall be
punished, upon conviction, by a fine of not more than One Thousand
Dollars ($1,000.00), or by imprisonment for not more than six (6)
months, or by both such fine and imprisonment. However, when the damage
or loss amounts to a value of One Hundred Dollars ($100.00) or more, the
offender may be punished, upon conviction, by a fine of not more than
Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than
five (5) years, or by both such fine and imprisonment.
(3) The provisions of this section shall not apply to the disclosure,
use, copying, taking, or accessing by proper means as defined in this
chapter.
SOURCES: Laws, 1985, ch. 319, Sec. 5, eff from and after July 1, 1985.
SEC. 97-45-11. Venue.
For the purposes of venue under the provisions of this chapter, any
violation of this chapter shall be considered to have been committed:
(a) In any county in which any act was performed in furtherance of any
transaction violating this chapter; and
(b) In any county from which, to which or through which any access to a
computer, computer system or computer network was made, whether by wire,
electromagnetic waves, microwaves or any other means of communication.
SOURCES: Laws, 1985, ch. 319, Sec. 6, eff from and after July 1, 1985.
SEC. 97-45-13. Effect on other offenses.
The criminal offenses created by this chapter shall not be deemed to
supersede, or repeal, any other criminal offense.
SOURCES: Laws, 1985, ch. 319, Sec. 7, eff from and after July 1, 1985.
SEC. 97-45-15. "Cyberstalking"; penalties.
(1) It is unlawful for a person to:
(a) Use in electronic mail or electronic communication any words or
language threatening to inflict bodily harm to any person or to that
person's child, sibling, spouse or dependent, or physical injury to the
property of any person, or for the purpose of extorting money or other
things of value from any person.
(b) Electronically mail or electronically communicate to another
repeatedly, whether or not conversation ensues, for the purpose of
threatening, terrifying or harassing any person.
(c) Electronically mail or electronically communicate to another and to
knowingly make any false statement concerning death, injury, illness,
disfigurement, indecent conduct, or criminal conduct of the person
electronically mailed or of any member of the person's family or
household with the intent to threaten, terrify or harass.
(d) Knowingly permit an electronic communication device under the
person's control to be used for any purpose prohibited by this section.
(2) Whoever commits the offense of cyberstalking shall be punished, upon
conviction:
(a) Except as provided herein, the person is guilty of a felony
punishable by imprisonment for not more than two (2) years or a fine of
not more than Five Thousand Dollars ($5,000.00), or both.
(b) If any of the following apply, the person is guilty of a felony
punishable by imprisonment for not more than five (5) years or a fine of
not more than Ten Thousand Dollars ($10,000.00), or both:
(i) The offense is in violation of a restraining order and the person
has received actual notice of that restraining order or posting the
message is in violation of an injunction or preliminary injunction.
(ii) The offense is in violation of a condition of probation, a
condition of parole, a condition of pretrial release or a condition of
release on bond pending appeal.
(iii) The offense results in a credible threat being communicated to the
victim, a member of the victim's family, or another individual living in
the same household as the victim.
(iv) The person has been previously convicted of violating this section
or a substantially similar law of another state, a political subdivision
of another state, or of the United States.
(3) This section does not apply to any peaceable, nonviolent, or
nonthreatening activity intended to express political views or to
provide lawful information to others. This section shall not be
construed to impair any constitutionally protected activity, including
speech, protest or assembly.
SOURCES: Laws, 2003, ch. 562, § 6, SB 2756, eff from and after July 1,
2003.
SEC. 97-45-17. Posting of messages through electronic media for
purpose of causing injury to any person; penalties.
(1) A person shall not post a message for the purpose of causing injury
to any person through the use of any medium of communication, including
the Internet or a computer, computer program, computer system or
computer network, or other electronic medium of communication without
the victim's consent, for the purpose of causing injury to any person.
(2) A person who violates this section, upon conviction, shall be guilty
of a felony punishable by imprisonment for not more than five (5) years
or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
SOURCES: Laws, 2003, ch. 562, § 7, SB 2756, eff from and after July 1,
2003.
SEC. 97-45-19. Identity theft.
(1) A person shall not obtain or attempt to obtain personal identity
information of another person with the intent to unlawfully use that
information for any of the following purposes without that person's
authorization:
(a) To obtain financial credit.
(b) To purchase or otherwise obtain or lease any real or personal
property.
(c) To obtain employment.
(d) To obtain access to medical records or information contained in
medical records.
(e) To commit any illegal act.
(2) (a) A person who violates this section is guilty of a felony
punishable by imprisonment for not less than two (2) nor more than
fifteen (15) years or a fine of not more than Ten Thousand Dollars
($10,000.00), or both.
(b) Notwithstanding the provisions of paragraph (a) of this subsection
(2), if the violation involves an amount of less than Two Hundred Fifty
Dollars ($250.00), a person who violates this section may be found
guilty of a misdemeanor punishable by imprisonment in the county jail
for a term of not more than six (6) months, or by a fine of not more
than One Thousand Dollars ($1,000.00), or both, in the discretion of the
court.
(c) For purposes of determining the amount of the violation, the value
of all goods, property, services and other things of value obtained or
attempted to be obtained by the use of an individual's identity
information shall be aggregated.
(3) This section does not prohibit the person from being charged with,
convicted of, or sentenced for any other violation of law committed by
that person using information obtained in violation of this section.
(4) This section does not apply to a person who obtains or attempts to
obtain personal identity information of another person pursuant to the
discovery process of a civil action, an administrative proceeding or an
arbitration proceeding.
(5) Upon the request of a person whose identifying information was
appropriated, the Attorney General may provide assistance to the victim
in obtaining information to correct inaccuracies or errors in the
person's credit report or other identifying information; however, no
legal representation shall be afforded such person by the Office of the
Attorney General.
(6) A person convicted under this section or under Section 97-19-85
shall be ordered to pay restitution as provided in Section 99-37-1 et
seq., and any legal interest in addition to any other fine or
imprisonment which may be imposed.
SOURCES: Laws, 2003, ch. 562, § 8, SB 2756, Laws, 2004, ch. 526, § 1, SB
2957, eff from and after July 1, 2004.
SEC. 97-45-21. Jurisdiction for bringing criminal action.
(1) For purposes of bringing a criminal action under this chapter, a
person who causes, by any means, the access of a computer, computer
system or computer network in one jurisdiction from another jurisdiction
is deemed to have personally accessed the computer, computer system or
computer network in each jurisdiction.
(2) For offenses under Section 97-45-19 or Section 97-19-85 which occur
in multiple jurisdictions but which do not involve a computer, computer
system or computer network, jurisdiction is deemed to be proper in each
jurisdiction where any element of the offense occurred.
SOURCES: Laws, 2003, ch. 562, § 9, SB 2756; Laws, 2004, ch. 526, § 2, SB
2957, eff from and after July 1, 2004.
SEC. 97-45-23. Investigations and prosecutions.
Prosecutions for violations under Title 97, Chapter 45, or Section
97-5-33, may be instituted by the Attorney General, his designee or the
district attorney of the district in which the violation occurred, and
shall be conducted in the name of the State of Mississippi. In the
prosecution of any criminal proceeding in accordance with this
subsection by the Attorney General, his designee, and in any proceeding
before a grand jury in connection therewith, the Attorney General, or
his designee, shall exercise all the powers and perform all the duties
which the district attorney would otherwise be authorized or required to
exercise or perform. The Attorney General, or his designee, shall have
the authority to issue and serve subpoenas in the investigation of any
matter which may violate Title 97, Chapter 45, or Section 97-5-33.
SOURCES: Laws, 2003, ch. 562, § 10, SB 2756, eff from and after July 1,
2003.
SEC. 97-45-25. Additional penalties for violations under this
chapter.
In a proceeding for violations under Title 97, Chapter 45, * * * Section
97-5-33 or Section 97-19-85, the court, in addition to the criminal
penalties imposed under this chapter, shall assess against the defendant
convicted of such violation double those reasonable costs that are
expended by the Office of Attorney General, the district attorney's
office, the sheriff's office or police department involved in the
investigation of such case, including, but not limited to, the cost of
investigators, software and equipment utilized in the investigation,
together with costs associated with process service, court reporters and
expert witnesses. The Attorney General or district attorney may
institute and maintain proceedings in his name for enforcement of
payment in the circuit court of the county of residence of the defendant
and, if the defendant is a nonresident, such proceedings shall be in the
Circuit Court of the First Judicial District of Hinds County,
Mississippi. The Attorney General or district attorney shall distribute
the property or interest assessed under this section as follows:
(a) Fifty percent (50%) shall be distributed to the unit of state or
local government whose officers or employees conducted the investigation
into computer fraud, identity theft or child exploitation which resulted
in the arrest or arrests and prosecution. Amounts distributed to units
of local government shall be used for training or enforcement purposes
relating to detection, investigation or prosecution of computer and
financial crimes, including computer fraud or child exploitation.
(b) Where the prosecution was maintained by the district attorney, fifty
percent (50%) shall be distributed to the county in which the
prosecution was instituted by the district attorney and appropriated to
the district attorney for use in training or enforcement purposes
relating to detection, investigation or prosecution of computer and
financial crimes, including computer fraud or child exploitation. Where
a prosecution was maintained by the Attorney General, fifty percent
(50%) of the proceeds shall be paid or distributed into the Attorney
General's Cyber Crime Central or the Attorney General's special fund to
be used for consumer fraud education and investigative and enforcement
operations of the Office of Consumer Protection. Where the Attorney
General and the district attorney have participated jointly in any part
of the proceedings, twenty-five percent (25%) of the property forfeited
shall be paid to the county in which the prosecution occurred, and
twenty-five percent (25%) shall be paid to the Attorney General's Cyber
Crime Central or the Attorney General's special fund to be used for the
purposes as stated in this paragraph.
SOURCES: Laws, 2003, ch. 562, § 11, SB 2756; Laws, 2004, ch. 526, § 3,
SB 2957, eff from and after July 1, 2004.
SEC. 97-45-27. Identity theft; victim authorized to expunge
record of false charges accrued on account of activities of the
perpetrator.
Any person whose name or other identification has been used without his
consent or authorization by another person, with the use resulting in
charges, an arrest record, or a conviction putatively on the record of
the person whose name or other identification was appropriated, the
person whose name or other identification has been used without his
consent or authorization may file a petition for expunction of such
charges or arrest record or conviction, or any of them, with any court
which has jurisdiction over the matter.
SOURCES: Laws, 2004, ch. 526, § 4, SB 2957, eff from and after July 1,
2004.
SEC. 97-45-29. Identity theft; Attorney General authorized to
issue "Identity Theft Passports" verifying that expunction order has
been entered or police record has been filed; access to identity theft
information.
(1) A person who has petitioned the court pursuant to Section 4 of this
act to expunge any charges, arrest record or conviction falsely entered
against the person as a result of the appropriation of his name or other
identifying information may submit to the Attorney General a certified
copy of a court order obtained. The Office of the Attorney General may
issue an "Identity Theft Passport" verifying that such order has been
entered.
(2) Any person who has filed a police report alleging that the person's
name or other identification has been used without the person's consent
or authorization by another person may submit a copy of the police
report to the Attorney General. The Office of the Attorney General may
issue an "Identity Theft Passport" stating that such police report has
been submitted.
(3) The Office of the Attorney General may provide access to identity
theft information to law enforcement agencies and individuals who have
submitted a police report or court order pursuant to this chapter and
any other person or entity as appropriate.
SOURCES: Laws, 2004, ch. 526, § 5, SB 2957, eff from and after July 1,
2004.
Missouri
Tampering with computer data, computer equipment, or computer users
--damages--attorney fees, certain expenses, awarded when.
537.525. 1. In addition to any other civil remedy available, the owner
or lessee of the computer system, computer network, computer program,
computer service or data may bring a civil action against any person who
violates sections 569.095 to 569.099, RSMo, for compensatory damages,
including any expenditures reasonably and necessarily incurred by the
owner or lessee to verify that a computer system, computer network,
computer program, computer service, or data was not altered, damaged, or
deleted by the access.
2. In any action brought pursuant to this section, the court may award
reasonable attorney's fees to a prevailing plaintiff.
(L. 1987 H.B. 208 § 1)
Tampering with computer data, penalties.
569.095. 1. A person commits the crime of tampering with computer data
if he knowingly and without authorization or without reasonable grounds
to believe that he has such authorization:
(1) Modifies or destroys data or programs residing or existing internal
to a computer, computer system, or computer network; or
(2) Modifies or destroys data or programs or supporting documentation
residing or existing external to a computer, computer system, or
computer network; or
(3) Discloses or takes data, programs, or supporting documentation,
residing or existing internal or external to a computer, computer
system, or computer network; or
(4) Discloses or takes a password, identifying code, personal
identification number, or other confidential information about a
computer system or network that is intended to or does control access to
the computer system or network;
(5) Accesses a computer, a computer system, or a computer network, and
intentionally examines information about another person;
(6) Receives, retains, uses, or discloses any data he knows or believes
was obtained in violation of this subsection.
2. Tampering with computer data is a class A misdemeanor, unless the
offense is committed for the purpose of devising or executing any scheme
or artifice to defraud or to obtain any property, the value of which is
five hundred dollars or more, in which case tampering with computer data
is a class D felony.
Civil action for tampering with computer data, expenses, attorney fees,
RSMo 537.525
Definitions for criminal statutes for computer crimes unless context
requires a different definition, RSMo 556.063
Tampering with computer equipment, penalties.
569.097. 1. A person commits the crime of tampering with computer
equipment if he knowingly and without authorization or without
reasonable grounds to believe that he has such authorization:
(1) Modifies, destroys, damages, or takes equipment or data storage
devices used or intended to be used in a computer, computer system, or
computer network; or
(2) Modifies, destroys, damages, or takes any computer, computer system,
or computer network.
2. Tampering with computer equipment is a class A misdemeanor, unless:
(1) The offense is committed for the purpose of executing any scheme or
artifice to defraud or obtain any property, the value of which is five
hundred dollars or more, in which case it is a class D felony; or
(2) The damage to such computer equipment or to the computer, computer
system, or computer network is five hundred dollars or more but less
than one thousand dollars, in which case it is a class D felony; or
(3) The damage to such computer equipment or to the computer, computer
system, or computer network is one thousand dollars or greater, in which
case it is a class C felony.
Civil action for tampering with computer equipment, expenses and
attorney fees, RSMo 537.525
Definitions for criminal statutes for computer crimes unless context
requires a different definition, RSMo 556.063
Tampering with computer users, penalties.
569.099. 1. A person commits the crime of tampering with computer users
if he knowingly and without authorization or without reasonable grounds
to believe that he has such authorization:
(1) Accesses or causes to be accessed any computer, computer system, or
computer network; or
(2) Denies or causes the denial of computer system services to an
authorized user of such computer system services, which, in whole or in
part, is owned by, under contract to, or operated for, or on behalf of,
or in conjunction with another.
2. The offense of tampering with computer users is a class A misdemeanor
unless the offense is committed for the purpose of devising or executing
any scheme or artifice to defraud or to obtain any property, the value
of which is five hundred dollars or more, in which case tampering with
computer users is a class D felony.
Civil action for tampering with computer users, expenses and attorney
fees, RSMo 537.525
Definitions for criminal statutes for computer crimes unless context
requires a different definition, RSMo 556.063
Montana
45-2-101. General definitions. Unless otherwise specified
in the statute, all words must be taken in the objective standard rather
than in the subjective, and unless a different meaning plainly is
required, the following definitions apply in this title:
(1) "Acts" has its usual and ordinary meaning and includes any bodily
movement, any form of communication, and when relevant, a failure or
omission to take action.
(2) "Administrative proceeding" means a proceeding the outcome of which
is required to be based on a record or documentation prescribed by law
or in which a law or a regulation is particularized in its application
to an individual.
(3) "Another" means a person or persons other than the offender.
(4) (a) "Benefit" means gain or advantage or anything regarded by the
beneficiary as gain or advantage, including benefit to another person or
entity in whose welfare the beneficiary is interested.
(b) Benefit does not include an advantage promised generally to a group
or class of voters as a consequence of public measures that a candidate
engages to support or oppose.
(5) "Bodily injury" means physical pain, illness, or an impairment of
physical condition and includes mental illness or impairment.
(6) "Child" or "children" means any individual or individuals under 18
years of age, unless a different age is specified.
(7) "Cohabit" means to live together under the representation of being
married.
(8) "Common scheme" means a series of acts or omissions motivated by a
purpose to accomplish a single criminal objective or by a common purpose
or plan that results in the repeated commission of the same offense or
that affects the same person or the same persons or the property of the
same person or persons.
(9) "Computer" means an electronic device that performs logical,
arithmetic, and memory functions by the manipulation of electronic or
magnetic impulses and includes all input, output, processing, storage,
software, or communication facilities that are connected or related to
that device in a system or network.
(10) "Computer network" means the interconnection of communication
systems between computers or computers and remote terminals.
(11) "Computer program" means an instruction or statement or a series of
instructions or statements, in a form acceptable to a computer, that in
actual or modified form permits the functioning of a computer or
computer system and causes it to perform specified functions.
(12) "Computer services" include but are not limited to computer time,
data processing, and storage functions.
(13) "Computer software" means a set of computer programs, procedures,
and associated documentation concerned with the operation of a computer
system.
(14) "Computer system" means a set of related, connected, or unconnected
devices, computer software, or other related computer equipment.
(15) "Conduct" means an act or series of acts and the accompanying
mental state.
(16) "Conviction" means a judgment of conviction or sentence entered
upon a plea of guilty or nolo contendere or upon a verdict or finding of
guilty of an offense rendered by a legally constituted jury or by a
court of competent jurisdiction authorized to try the case without a
jury.
(17) "Correctional institution" means a state prison, detention center,
multijurisdictional detention center, private detention center, regional
correctional facility, private correctional facility, or other
institution for the incarceration of inmates under sentence for offenses
or the custody of individuals awaiting trial or sentence for offenses.
(18) "Deception" means knowingly to:
(a) create or confirm in another an impression that is false and that
the offender does not believe to be true;
(b) fail to correct a false impression that the offender previously has
created or confirmed;
(c) prevent another from acquiring information pertinent to the
disposition of the property involved;
(d) sell or otherwise transfer or encumber property without disclosing a
lien, adverse claim, or other legal impediment to the enjoyment of the
property, whether the impediment is or is not of value or is or is not a
matter of official record; or
(e) promise performance that the offender does not intend to perform or
knows will not be performed. Failure to perform, standing alone, is not
evidence that the offender did not intend to perform.
(19) "Defamatory matter" means anything that exposes a person or a
group, class, or association to hatred, contempt, ridicule, degradation,
or disgrace in society or to injury to the person's or its business or
occupation.
(20) "Deprive" means:
(a) to withhold property of another:
(i) permanently;
(ii) for such a period as to appropriate a portion of its value; or
(iii) with the purpose to restore it only upon payment of reward or
other compensation; or
(b) to dispose of the property of another and use or deal with the
property so as to make it unlikely that the owner will recover it.
(21) "Deviate sexual relations" means sexual contact or sexual
intercourse between two persons of the same sex or any form of sexual
intercourse with an animal.
(22) "Document" means, with respect to offenses involving the medicaid
program, any application, claim, form, report, record, writing, or
correspondence, whether in written, electronic, magnetic, microfilm, or
other form.
(23) "Felony" means an offense in which the sentence imposed upon
conviction is death or imprisonment in a state prison for a term
exceeding 1 year.
(24) "Forcible felony" means a felony that involves the use or threat of
physical force or violence against any individual.
(25) A "frisk" is a search by an external patting of a person's
clothing.
(26) "Government" includes a branch, subdivision, or agency of the
government of the state or a locality within it.
(27) "Harm" means loss, disadvantage, or injury or anything so regarded
by the person affected, including loss, disadvantage, or injury to a
person or entity in whose welfare the affected person is interested.
(28) A "house of prostitution" means a place where prostitution or
promotion of prostitution is regularly carried on by one or more persons
under the control, management, or supervision of another.
(29) "Human being" means a person who has been born and is alive.
(30) An "illegal article" is an article or thing that is prohibited by
statute, rule, or order from being in the possession of a person subject
to official detention.
(31) "Inmate" means a person who is confined in a correctional
institution.
(32) (a) "Intoxicating substance" means a controlled substance, as
defined in Title 50, chapter 32, and an alcoholic beverage, including
but not limited to a beverage containing 1/2 of 1% or more of alcohol by
volume.
(b) Intoxicating substance does not include dealcoholized wine or a
beverage or liquid produced by the process by which beer, ale, port, or
wine is produced if it contains less than 1/2 of 1% of alcohol by
volume.
(33) An "involuntary act" means an act that is:
(a) a reflex or convulsion;
(b) a bodily movement during unconsciousness or sleep;
(c) conduct during hypnosis or resulting from hypnotic suggestion; or
(d) a bodily movement that otherwise is not a product of the effort or
determination of the actor, either conscious or habitual.
(34) "Juror" means a person who is a member of a jury, including a grand
jury, impaneled by a court in this state in an action or proceeding or
by an officer authorized by law to impanel a jury in an action or
proceeding. The term "juror" also includes a person who has been drawn
or summoned to attend as a prospective juror.
(35) "Knowingly"--a person acts knowingly with respect to conduct or to
a circumstance described by a statute defining an offense when the
person is aware of the person's own conduct or that the circumstance
exists. A person acts knowingly with respect to the result of conduct
described by a statute defining an offense when the person is aware that
it is highly probable that the result will be caused by the person's
conduct. When knowledge of the existence of a particular fact is an
element of an offense, knowledge is established if a person is aware of
a high probability of its existence. Equivalent terms, such as "knowing"
or "with knowledge", have the same meaning.
(36) "Medicaid" means the Montana medical assistance program provided
for in Title 53, chapter 6.
(37) "Medicaid agency" has the meaning in 53-6-155.
(38) "Medicaid benefit" means the provision of anything of pecuniary
value to or on behalf of a recipient under the medicaid program.
(39) (a) "Medicaid claim" means a communication, whether in oral,
written, electronic, magnetic, or other form:
(i) that is used to claim specific services or items as payable or
reimbursable under the medicaid program; or
(ii) that states income, expense, or other information that is or may be
used to determine entitlement to or the rate of payment under the
medicaid program.
(b) The term includes related documents submitted as a part of or in
support of the claim.
(40) "Mentally defective" means that a person suffers from a mental
disease or defect that renders the person incapable of appreciating the
nature of the person's own conduct.
(41) "Mentally incapacitated" means that a person is rendered
temporarily incapable of appreciating or controlling the person's own
conduct as a result of the influence of an intoxicating substance.
(42) "Misdemeanor" means an offense for which the sentence imposed upon
conviction is imprisonment in the county jail for a term or a fine, or
both, or for which the sentence imposed is imprisonment in a state
prison for a term of 1 year or less.
(43) "Negligently"--a person acts negligently with respect to a result
or to a circumstance described by a statute defining an offense when the
person consciously disregards a risk that the result will occur or that
the circumstance exists or when the person disregards a risk of which
the person should be aware that the result will occur or that the
circumstance exists. The risk must be of a nature and degree that to
disregard it involves a gross deviation from the standard of conduct
that a reasonable person would observe in the actor's situation. "Gross
deviation" means a deviation that is considerably greater than lack of
ordinary care. Relevant terms, such as "negligent" and "with
negligence", have the same meaning.
(44) "Nolo contendere" means a plea in which the defendant does not
contest the charge or charges against the defendant and neither admits
nor denies the charge or charges.
(45) "Obtain" means:
(a) in relation to property, to bring about a transfer of interest or
possession, whether to the offender or to another; and
(b) in relation to labor or services, to secure the performance of the
labor or service.
(46) "Obtains or exerts control" includes but is not limited to the
taking, the carrying away, or the sale, conveyance, or transfer of title
to, interest in, or possession of property.
(47) "Occupied structure" means any building, vehicle, or other place
suitable for human occupancy or night lodging of persons or for carrying
on business, whether or not a person is actually present, including any
outbuilding that is immediately adjacent to or in close proximity to an
occupied structure and that is habitually used for personal use or
employment. Each unit of a building consisting of two or more units
separately secured or occupied is a separate occupied structure.
(48) "Offender" means a person who has been or is liable to be arrested,
charged, convicted, or punished for a public offense.
(49) "Offense" means a crime for which a sentence of death or of
imprisonment or a fine is authorized. Offenses are classified as
felonies or misdemeanors.
(50) (a) "Official detention" means imprisonment resulting from a
conviction for an offense, confinement for an offense, confinement of a
person charged with an offense, detention by a peace officer pursuant to
arrest, detention for extradition or deportation, or lawful detention
for the purpose of the protection of the welfare of the person detained
or for the protection of society.
(b) Official detention does not include supervision of probation or
parole, constraint incidental to release on bail, or an unlawful arrest
unless the person arrested employed physical force, a threat of physical
force, or a weapon to escape.
(51) "Official proceeding" means a proceeding heard or that may be heard
before a legislative, a judicial, an administrative, or another
governmental agency or official authorized to take evidence under oath,
including any referee, hearings examiner, commissioner, notary, or other
person taking testimony or deposition in connection with the proceeding.
(52) "Other state" means a state or territory of the United States, the
District of Columbia, and the Commonwealth of Puerto Rico.
(53) "Owner" means a person other than the offender who has possession
of or other interest in the property involved, even though the interest
or possession is unlawful, and without whose consent the offender has no
authority to exert control over the property.
(54) "Party official" means a person who holds an elective or appointive
post in a political party in the United States by virtue of which the
person directs or conducts or participates in directing or conducting
party affairs at any level of responsibility.
(55) "Peace officer" means a person who by virtue of the person's office
or public employment is vested by law with a duty to maintain public
order or to make arrests for offenses while acting within the scope of
the person's authority.
(56) "Pecuniary benefit" is benefit in the form of money, property,
commercial interests, or anything else the primary significance of which
is economic gain.
(57) "Person" includes an individual, business association, partnership,
corporation, government, or other legal entity and an individual acting
or purporting to act for or on behalf of a government or subdivision of
government.
(58) "Physically helpless" means that a person is unconscious or is
otherwise physically unable to communicate unwillingness to act.
(59) "Possession" is the knowing control of anything for a sufficient
time to be able to terminate control.
(60) "Premises" includes any type of structure or building and real
property.
(61) "Property" means a tangible or intangible thing of value. Property
includes but is not limited to:
(a) real estate;
(b) money;
(c) commercial instruments;
(d) admission or transportation tickets;
(e) written instruments that represent or embody rights concerning
anything of value, including labor or services, or that are otherwise of
value to the owner;
(f) things growing on, affixed to, or found on land and things that are
part of or affixed to a building;
(g) electricity, gas, and water;
(h) birds, animals, and fish that ordinarily are kept in a state of
confinement;
(i) food and drink, samples, cultures, microorganisms, specimens,
records, recordings, documents, blueprints, drawings, maps, and whole or
partial copies, descriptions, photographs, prototypes, or models
thereof;
(j) other articles, materials, devices, substances, and whole or partial
copies, descriptions, photographs, prototypes, or models thereof that
constitute, represent, evidence, reflect, or record secret scientific,
technical, merchandising, production, or management information or a
secret designed process, procedure, formula, invention, or improvement;
and
(k) electronic impulses, electronically processed or produced data or
information, commercial instruments, computer software or computer
programs, in either machine- or human-readable form, computer services,
any other tangible or intangible item of value relating to a computer,
computer system, or computer network, and copies thereof.
(62) "Property of another" means real or personal property in which a
person other than the offender has an interest that the offender has no
authority to defeat or impair, even though the offender may have an
interest in the property.
(63) "Public place" means a place to which the public or a substantial
group has access.
(64) (a) "Public servant" means an officer or employee of government,
including but not limited to legislators, judges, and firefighters, and
a person participating as a juror, adviser, consultant, administrator,
executor, guardian, or court-appointed fiduciary. The term "public
servant" includes one who has been elected or designated to become a
public servant.
(b) The term does not include witnesses.
(65) "Purposely"--a person acts purposely with respect to a result or to
conduct described by a statute defining an offense if it is the person's
conscious object to engage in that conduct or to cause that result. When
a particular purpose is an element of an offense, the element is
established although the purpose is conditional, unless the condition
negatives the harm or evil sought to be prevented by the law defining
the offense. Equivalent terms, such as "purpose" and "with the purpose",
have the same meaning.
(66) (a) "Serious bodily injury" means bodily injury that:
(i) creates a substantial risk of death;
(ii) causes serious permanent disfigurement or protracted loss or
impairment of the function or process of a bodily member or organ; or
(iii) at the time of injury, can reasonably be expected to result in
serious permanent disfigurement or protracted loss or impairment of the
function or process of a bodily member or organ.
(b) The term includes serious mental illness or impairment.
(67) "Sexual contact" means touching of the sexual or other intimate
parts of the person of another, directly or through clothing, in order
to knowingly or purposely:
(a) cause bodily injury to or humiliate, harass, or degrade another; or
(b) arouse or gratify the sexual response or desire of either party.
(68) (a) "Sexual intercourse" means penetration of the vulva, anus, or
mouth of one person by the penis of another person, penetration of the
vulva or anus of one person by a body member of another person, or
penetration of the vulva or anus of one person by a foreign instrument
or object manipulated by another person to knowingly or purposely:
(i) cause bodily injury or humiliate, harass, or degrade; or
(ii) arouse or gratify the sexual response or desire of either party.
(b) For purposes of subsection (68)(a), any penetration, however slight,
is sufficient.
(69) "Solicit" or "solicitation" means to command, authorize, urge,
incite, request, or advise another to commit an offense.
(70) "State" or "this state" means the state of Montana, all the land
and water in respect to which the state of Montana has either exclusive
or concurrent jurisdiction, and the air space above the land and water.
(71) "Statute" means an act of the legislature of this state.
(72) "Stolen property" means property over which control has been
obtained by theft.
(73) A "stop" is the temporary detention of a person that results when a
peace officer orders the person to remain in the peace officer's
presence.
(74) "Tamper" means to interfere with something improperly, meddle with
it, make unwarranted alterations in its existing condition, or deposit
refuse upon it.
(75) "Telephone" means any type of telephone, including but not limited
to a corded, uncorded, cellular, or satellite telephone.
(76) "Threat" means a menace, however communicated, to:
(a) inflict physical harm on the person threatened or any other person
or on property;
(b) subject any person to physical confinement or restraint;
(c) commit a criminal offense;
(d) accuse a person of a criminal offense;
(e) expose a person to hatred, contempt, or ridicule;
(f) harm the credit or business repute of a person;
(g) reveal information sought to be concealed by the person threatened;
(h) take action as an official against anyone or anything, withhold
official action, or cause the action or withholding;
(i) bring about or continue a strike, boycott, or other similar
collective action if the person making the threat demands or receives
property that is not for the benefit of groups that the person purports
to represent; or
(j) testify or provide information or withhold testimony or information
with respect to another's legal claim or defense.
(77) (a) "Value" means the market value of the property at the time and
place of the crime or, if the market value cannot be satisfactorily
ascertained, the cost of the replacement of the property within a
reasonable time after the crime. If the offender appropriates a portion
of the value of the property, the value must be determined as follows:
(i) The value of an instrument constituting an evidence of debt, such as
a check, draft, or promissory note, is considered the amount due or
collectible. The figure is ordinarily the face amount of the
indebtedness less any portion of the indebtedness that has been
satisfied.
(ii) The value of any other instrument that creates, releases,
discharges, or otherwise affects any valuable legal right, privilege, or
obligation is considered the amount of economic loss that the owner of
the instrument might reasonably suffer by virtue of the loss of the
instrument.
(iii) The value of electronic impulses, electronically produced data or
information, computer software or programs, or any other tangible or
intangible item relating to a computer, computer system, or computer
network is considered to be the amount of economic loss that the owner
of the item might reasonably suffer by virtue of the loss of the item.
The determination of the amount of economic loss includes but is not
limited to consideration of the value of the owner's right to exclusive
use or disposition of the item.
(b) When it cannot be determined if the value of the property is more or
less than $1,000 by the standards set forth in subsection (77)(a), its
value is considered to be an amount less than $1,000.
(c) Amounts involved in thefts committed pursuant to a common scheme or
the same transaction, whether from the same person or several persons,
may be aggregated in determining the value of the property.
(78) "Vehicle" means a device for transportation by land, water, or air
or by mobile equipment, with provision for transport of an operator.
(79) "Weapon" means an instrument, article, or substance that,
regardless of its primary function, is readily capable of being used to
produce death or serious bodily injury.
(80) "Witness" means a person whose testimony is desired in an official
proceeding, in any investigation by a grand jury, or in a criminal
action, prosecution, or proceeding.
History: En. by Sec. 1, Ch. 513, L. 1973; amd. Sec. 1, Ch. 190, L. 1975;
amd. Sec. 1, Ch. 405, L. 1975; amd. Sec. 1, Ch. 443, L. 1975; amd. Sec.
10, Ch. 359, L. 1977; amd. Sec. 3, Ch. 489, L. 1977; R.C.M. 1947, ; amd.
Sec. 1, Ch. 10, L. 1979; amd. Sec. 1, Ch. 485, L. 1981; amd. Sec. 15,
Ch. 3, L. 1985; amd. Sec. 1, Ch. 143, L. 1993; amd. Sec. 1, Ch. 616, L.
1993; amd. Sec. 50, Ch. 18, L. 1995; amd. Sec. 8, Ch. 354, L. 1995; amd.
Sec. 1, Ch. 288, L. 1999; amd. Sec. 1, Ch. 354, L. 1999; amd. Sec. 2,
Ch. 395, L. 1999; amd. Sec. 2, Ch. 397, L. 1999; amd. Sec. 1, Ch. 312,
L. 2001; amd. Sec. 1, Ch. 364, L. 2005; amd. Sec. 1, Ch. 155, L. 2007.
45-6-310. Definition -- computer use. As used in 45-6-311, the
term "obtain the use of" means to instruct, communicate with, store data
in, retrieve data from, cause input to, cause output from, or otherwise
make use of any resources of a computer, computer system, or computer
network or to cause another to instruct, communicate with, store data
in, retrieve data from, cause input to, cause output from, or otherwise
make use of any resources of a computer, computer system, or computer
network.
History: En. Sec. 2, Ch. 485, L. 1981.
45-6-311. Unlawful use of a computer. (1) A person commits the
offense of unlawful use of a computer if the person knowingly or
purposely:
(a) obtains the use of any computer, computer system, or computer
network without consent of the owner;
(b) alters or destroys or causes another to alter or destroy a computer
program or computer software without consent of the owner; or
(c) obtains the use of or alters or destroys a computer, computer
system, computer network, or any part thereof as part of a deception for
the purpose of obtaining money, property, or computer services from the
owner of the computer, computer system, computer network, or part
thereof or from any other person.
(2) A person convicted of the offense of unlawful use of a computer
involving property not exceeding $1,000 in value shall be fined not to
exceed $1,000 or be imprisoned in the county jail for a term not to
exceed 6 months, or both. A person convicted of the offense of unlawful
use of a computer involving property exceeding $1,000 in value shall be
fined not more than 2 1/2 times the value of the property used, altered,
destroyed, or obtained or be imprisoned in the state prison for a term
not to exceed 10 years, or both.
History: En. Sec. 3, Ch. 485, L. 1981; amd. Sec. 4, Ch. 581, L. 1983;
amd. Sec. 5, Ch. 616, L. 1993; amd. Sec. 7, Ch. 397, L. 1999.
Nebraska
Section 28-1341
Act, how cited.
Sections 28-1341 to 28-1348 shall be known and may be cited as the
Computer Crimes Act.
Source:
Laws 1991, LB 135, § 2
~Reissue Revised Statutes of Nebraska
Section 28-1342
Legislative findings and declarations.
The Legislature finds and declares that our society is increasingly
dependent on computers, that important personal, financial, medical, and
historical data is stored in computers, and that valuable data stored
can be lost due to criminal action.
The Legislature further finds that specific criminal statutes are
necessary to cover the actions of persons who intentionally destroy data
or commit fraud using computers.
Source:
Laws 1991, LB 135, § 3
~Reissue Revised Statutes of Nebraska
Section 28-1343
Terms, defined.
For purposes of the Computer Crimes Act:
(1) Access shall mean to instruct, communicate with, store data in,
retrieve data from, or otherwise use the resources of a computer,
computer system, or computer network;
(2) Computer shall mean a high-speed data processing device or system
which performs logical, arithmetic, data storage and retrieval,
communication, memory, or control functions by the manipulation of
signals, including, but not limited to, electronic or magnetic impulses,
and shall include any input, output, data storage, processing, or
communication facilities directly related to or operating in conjunction
with any such device or system;
(3) Computer network shall mean the interconnection of a communications
system with a computer through a remote terminal or with two or more
interconnected computers or computer systems;
(4) Computer program shall mean an instruction or statement or a series
of instructions or statements in a form acceptable to a computer which
directs the functioning of a computer system in a manner designed to
provide appropriate products from the computer;
(5) Computer security system shall mean a computer program or device
that:
(a) Is intended to protect the confidentiality and secrecy of data and
information stored in or accessible through the computer system; and
(b) Displays a conspicuous warning to a user that the user is entering a
secure system or requires a person seeking access to knowingly respond
by use of an authorized code to the program or device in order to gain
access;
(6) Computer software shall mean a computer program of procedures or
associated documentation concerned with the operation of a computer;
(7) Computer system shall mean related computers and peripheral
equipment, whether connected or unconnected;
(8) Data shall mean a representation of information, facts, knowledge,
concepts, or instructions prepared in a formalized or other manner and
intended for use in a computer or computer network;
(9) Destructive computer program shall mean a computer program that
performs a destructive function or produces a destructive product;
(10) Destructive function shall mean a function that (a) degrades the
performance of a computer, its associated peripheral equipment, or a
computer program, (b) disables a computer, its associated peripheral
equipment, or a computer program, or (c) alters a computer program or
data;
(11) Destructive product shall mean a product that: (a) Produces
unauthorized data, including data that make computer memory space
unavailable; (b) results in the unauthorized alteration of data or a
computer program; or (c) produces a destructive computer program,
including, but not limited to, a self-replicating program;
(12) Loss shall mean the greatest of the following:
(a) The retail market value of the property or services involved;
(b) The reasonable repair or replacement cost whichever is less; or
(c) The reasonable value of the damage created by the unavailability or
lack of utility of the property or services involved until repair or
replacement can be effected;
(13) Property shall include, but not be limited to, electronically
processed or electronically produced data and information in computer
software whether in human or computer readable form; and
(14) Services shall include, but not be limited to, computer time, data
processing, and storage functions.
(1) A person commits the offense of unauthorized computer access if the
person intentionally and without authority penetrates a computer
security system.
(2) A person who violates subsection (1) of this section in a manner
that creates a grave risk of causing the death of a person shall be
guilty of a Class IV felony.
(3) A person who violates subsection (1) of this section in a manner
that creates a risk to public health and safety shall be guilty of a
Class I misdemeanor.
(4) A person who violates subsection (1) of this section in a manner
that compromises the security of data shall be guilty of a Class II
misdemeanor.
Source:
Laws 1991, LB 135, § 5
Section 28-1344
Unlawful acts; depriving or obtaining property or services; penalties.
Any person who intentionally accesses or causes to be accessed, directly
or indirectly, any computer, computer system, computer software, or
computer network without authorization or who, having accessed any
computer, computer system, computer software, or computer network with
authorization, knowingly and intentionally exceeds the limits of such
authorization shall be guilty of a Class IV felony if he or she
intentionally: (1) Deprives another of property or services; or (2)
obtains property or services of another, except that any person who
obtains property or services or deprives another of property or services
with a value of one thousand dollars or more by such conduct shall be
guilty of a Class III felony.
Source:
Laws 1985, LB 371, § 3
Laws 1991, LB 135, § 6
~Reissue Revised Statutes of Nebraska
Section 28-1345
Unlawful acts; harming or disrupting operations; penalties.
Any person who accesses or causes to be accessed any computer, computer
system, computer software, or computer network without authorization or
who, having accessed any computer, computer system, computer software,
or computer network with authorization, knowingly and intentionally
exceeds the limits of such authorization shall be guilty of a Class IV
felony if he or she intentionally: (1) Alters, damages, deletes, or
destroys any computer, computer system, computer software, computer
network, computer program, data, or other property; (2) disrupts the
operation of any computer, computer system, computer software, or
computer network; or (3) distributes a destructive computer program with
intent to damage or destroy any computer, computer system, computer
network, or computer software, except that any person who causes loss
with a value of one thousand dollars or more by such conduct shall be
guilty of a Class III felony.
Source:
Laws 1985, LB 371, § 4
Laws 1991, LB 135, § 7
~Reissue Revised Statutes of Nebraska
Section 28-1346
Unlawful acts; obtaining confidential public information; penalties.
Any person who intentionally accesses or causes to be accessed any
computer, computer system, computer software, or computer network
without authorization, or who, having accessed a computer, computer
system, computer software, or computer network with authorization,
knowingly and intentionally exceeds the limits of such authorization,
and thereby obtains information filed by the public with the state or
any political subdivision which is by statute required to be kept
confidential shall be guilty of a Class II misdemeanor. For any second
or subsequent offense under this section, such person shall be guilty of
a Class I misdemeanor.
Source:
Laws 1985, LB 371, § 5
Laws 1991, LB 135, § 8
~Reissue Revised Statutes of Nebraska
Section 28-1347
Unlawful acts; access without authorization; exceeding authorization;
penalties.
Any person who intentionally accesses any computer, computer system,
computer software, computer network, computer program, or data without
authorization and with knowledge that such access was not authorized or
who, having accessed any computer, computer system, computer software,
computer network, computer program, or data with authorization,
knowingly and intentionally exceeds the limits of such authorization
shall be guilty of a Class V misdemeanor. For any second or subsequent
offense under this section, such person shall be guilty of a Class II
misdemeanor.
Source:
Laws 1985, LB 371, § 6
Laws 1991, LB 135, § 9
~Reissue Revised Statutes of Nebraska
Section 28-1348
Act, how construed.
The Computer Crimes Act shall not be construed to preclude the
applicability of any other provision of the Nebraska Criminal Code which
may apply to any transaction described in the Computer Crimes Act.
Source:
Laws 1985, LB 371, § 7
Laws 1991, LB 135, § 10
~Reissue Revised Statutes of Nebraska
Nevada
NRS 205.473 Definitions. As used in NRS 205.473 to 205.513,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 205.4732 to 205.476, inclusive, have the meanings
ascribed to them in those sections.
(Added to NRS by 1983, 1203; A 1991, 50; 1999, 2707; 2001, 1240)
NRS 205.4732 "Access" defined. "Access" means to intercept,
instruct, communicate with, store data in, retrieve from or otherwise
make use of any resources of a computer, network or data.
(Added to NRS by 1991, 49)
NRS 205.4735 "Computer" defined. "Computer" means an electronic
device which performs logical, arithmetic and memory functions by
manipulations of electronic or magnetic impulses and includes all
equipment related to the computer in a system or network.
(Added to NRS by 1983, 1203)
NRS 205.4737 "Computer contaminant" defined.
1. "Computer contaminant" means any data, information, image, program,
signal or sound that is designed or has the capability to:
(a) Contaminate, corrupt, consume, damage, destroy, disrupt, modify,
record or transmit; or
(b) Cause to be contaminated, corrupted, consumed, damaged, destroyed,
disrupted, modified, recorded or transmitted,
Ê any other data, information, image, program, signal or sound contained
in a computer, system or network without the knowledge or consent of the
person who owns the other data, information, image, program, signal or
sound or the computer, system or network.
2. The term includes, without limitation:
(a) A virus, worm or Trojan horse;
(b) Spyware that tracks computer activity and is capable of recording
and transmitting such information to third parties; or
(c) Any other similar data, information, image, program, signal or sound
that is designed or has the capability to prevent, impede, delay or
disrupt the normal operation or use of any component, device, equipment,
system or network.
3. As used in this section:
(a) "On-line bidding" has the meaning ascribed to it in NRS 332.047.
(b) "Spyware" does not include:
(1) An Internet browser;
(2) Software for transmitting messages instantly that informs the user
whether other users are on-line at the same time;
(3) Software that is designed to detect or prevent the use of computer
contaminants;
(4) Software that is designed to detect fraudulent on-line bidding;
(5) Software that is designed to prevent children from accessing
pornography on the Internet;
(6) Software that conducts remote maintenance or repair of a computer or
its systems;
(7) Software that is designed to manage or to perform maintenance on a
network of computers;
(8) Software for media players; and
(9) Software that authenticates a user.
(Added to NRS by 1999, 2703; A 2005, 2509; 2005, 22nd Special Session,
97)
NRS 205.474 "Data" defined. "Data" means a representation in any
form of information, knowledge, facts, concepts or instructions which is
being prepared or has been formally prepared and is intended to be
processed, is being processed or has been processed in a system or
network.
(Added to NRS by 1983, 1203)
NRS 205.4742 "Encryption" defined. "Encryption" means the use of
any protective or disruptive measure, including, without limitation,
cryptography, enciphering, encoding or a computer contaminant, to:
1. Prevent, impede, delay or disrupt access to any data, information,
image, program, signal or sound;
2. Cause or make any data, information, image, program, signal or sound
unintelligible or unusable; or
3. Prevent, impede, delay or disrupt the normal operation or use of any
component, device, equipment, system or network.
(Added to NRS by 1999, 2704)
NRS 205.4743 "Information service" defined.
1. "Information service" means a service that is designed or has the
capability to generate, process, store, retrieve, convey, emit,
transmit, receive, relay, record or reproduce any data, information,
image, program, signal or sound by means of any component, device,
equipment, system or network, including, without limitation, by means
of:
(a) A computer, computer system, computer network, modem or scanner.
(b) A telephone, cellular phone, satellite phone, pager, personal
communications device or facsimile machine.
(c) Any type of transmitter or receiver.
(d) Any other component, device, equipment, system or network that uses
analog, digital, electronic, electromagnetic, magnetic or optical
technology.
2. The term does not include video service, as defined in NRS 711.141.
(Added to NRS by 1999, 2704; A 2007, 1377)
NRS 205.4744 "Internet or network site" defined.
1. "Internet or network site" means any identifiable site on the
Internet or on a network.
2. The term includes, without limitation:
(a) A website or other similar site on the World Wide Web;
(b) A site that is identifiable through a Uniform Resource Location;
(c) A site on a network that is owned, operated, administered or
controlled by a provider of Internet service;
(d) An electronic bulletin board;
(e) A list server;
(f) A newsgroup; or
(g) A chat room.
(Added to NRS by 2001, 1240)
NRS 205.4745 "Network" defined. "Network" means a set of related,
remotely connected devices and facilities, including more than one
system, with the capability to transmit data among any of the devices
and facilities. The term includes, without limitation, a local, regional
or global computer network.
(Added to NRS by 1983, 1203; A 1999, 2707)
NRS 205.475 "Program" defined. "Program" means an ordered set of
data representing coded instructions or statements which can be executed
by a computer and cause the computer to perform one or more tasks.
(Added to NRS by 1983, 1203)
NRS 205.4755 "Property" defined. "Property" means anything of
value and includes a financial instrument, information, electronically
produced data, program and any other tangible or intangible item of
value.
(Added to NRS by 1983, 1203)
NRS 205.4757 "Provider" defined. "Provider" means any person who
provides an information service.
(Added to NRS by 1999, 2704)
NRS 205.4758 "Provider of Internet service" defined. "Provider of
Internet service" means any provider who provides subscribers with
access to the Internet or an electronic mail address, or both.
(Added to NRS by 1999, 2704)
NRS 205.4759 "Response costs" defined.
1. "Response costs" means any reasonable costs that arise in response to
and as a proximate result of a crime described in NRS 205.473 to
205.513, inclusive.
2. The term includes, without limitation, any reasonable costs to:
(a) Investigate the facts surrounding the crime;
(b) Ascertain or calculate any past or future loss, injury or other
damage;
(c) Remedy, mitigate or prevent any past or future loss, injury or other
damage; or
(d) Test, examine, restore or verify the integrity of or the normal
operation or use of any Internet or network site, electronic mail
address, computer, system, network, component, device, equipment, data,
information, image, program, signal or sound.
(Added to NRS by 2001, 1240)
NRS 205.476 "System" defined. "System" means a set of related
equipment, whether or not connected, which is used with or for a
computer.
1. Except as otherwise provided in subsection 6, a person who knowingly,
willfully and without authorization:
(a) Modifies;
(b) Damages;
(c) Destroys;
(d) Discloses;
(e) Uses;
(f) Transfers;
(g) Conceals;
(h) Takes;
(i) Retains possession of;
(j) Copies;
(k) Obtains or attempts to obtain access to, permits access to or causes
to be accessed; or
(l) Enters,
Ê data, a program or any supporting documents which exist inside or
outside a computer, system or network is guilty of a misdemeanor.
2. Except as otherwise provided in subsection 6, a person who knowingly,
willfully and without authorization:
(a) Modifies;
(b) Destroys;
(c) Uses;
(d) Takes;
(e) Damages;
(f) Transfers;
(g) Conceals;
(h) Copies;
(i) Retains possession of; or
(j) Obtains or attempts to obtain access to, permits access to or causes
to be accessed,
Ê equipment or supplies that are used or intended to be used in a
computer, system or network is guilty of a misdemeanor.
3. Except as otherwise provided in subsection 6, a person who knowingly,
willfully and without authorization:
(a) Destroys;
(b) Damages;
(c) Takes;
(d) Alters;
(e) Transfers;
(f) Discloses;
(g) Conceals;
(h) Copies;
(i) Uses;
(j) Retains possession of; or
(k) Obtains or attempts to obtain access to, permits access to or causes
to be accessed,
Ê a computer, system or network is guilty of a misdemeanor.
4. Except as otherwise provided in subsection 6, a person who knowingly,
willfully and without authorization:
(a) Obtains and discloses;
(b) Publishes;
(c) Transfers; or
(d) Uses,
Ê a device used to access a computer, network or data is guilty of a
misdemeanor.
5. Except as otherwise provided in subsection 6, a person who knowingly,
willfully and without authorization introduces, causes to be introduced
or attempts to introduce a computer contaminant into a computer, system
or network is guilty of a misdemeanor.
6. If the violation of any provision of this section:
(a) Was committed to devise or execute a scheme to defraud or illegally
obtain property;
(b) Caused response costs, loss, injury or other damage in excess of
$500; or
(c) Caused an interruption or impairment of a public service, including,
without limitation, a governmental operation, a system of public
communication or transportation or a supply of water, gas or
electricity,
Ê the person is guilty of a category C felony and shall be punished as
provided in NRS 193.130, and may be further punished by a fine of not
more than $100,000. In addition to any other penalty, the court shall
order the person to pay restitution.
(Added to NRS by 1983, 1203; A 1991, 50; 1995, 1228; 1999, 2707; 2001,
1240)
NRS 205.477 Unlawful interference with or denial of access to or use
of computers; unlawful use or access of computers; affirmative defense.
1. Except as otherwise provided in subsections 3 and 4, a person who
knowingly, willfully and without authorization interferes with, denies
or causes the denial of access to or use of a computer, system or
network to a person who has the duty and right to use it is guilty of a
misdemeanor.
2. Except as otherwise provided in subsections 3 and 4, a person who
knowingly, willfully and without authorization uses, causes the use of,
accesses, attempts to gain access to or causes access to be gained to a
computer, system, network, telecommunications device, telecommunications
service or information service is guilty of a misdemeanor.
3. If the violation of any provision of this section:
(a) Was committed to devise or execute a scheme to defraud or illegally
obtain property;
(b) Caused response costs, loss, injury or other damage in excess of
$500; or
(c) Caused an interruption or impairment of a public service, including,
without limitation, a governmental operation, a system of public
communication or transportation or a supply of water, gas or
electricity,
Ê the person is guilty of a category C felony and shall be punished as
provided in NRS 193.130, and may be further punished by a fine of not
more than $100,000. In addition to any other penalty, the court shall
order the person to pay restitution.
4. It is an affirmative defense to a charge made pursuant to this
section that at the time of the alleged offense the defendant reasonably
believed that:
(a) He was authorized to use or access the computer, system, network,
telecommunications device, telecommunications service or information
service and such use or access by the defendant was within the scope of
that authorization; or
(b) The owner or other person authorized to give consent would authorize
the defendant to use or access the computer, system, network,
telecommunications device, telecommunications service or information
service.
5. A defendant who intends to offer an affirmative defense described in
subsection 4 at a trial or preliminary hearing must, not less than 14
days before the trial or hearing or at such other time as the court may
direct, file and serve on the prosecuting attorney a written notice of
that intent.
(Added to NRS by 1983, 1204; A 1991, 51; 1995, 1229; 1999, 2709; 2001,
1242)
NRS 205.481 Forgery by creation, alteration or deletion of data,
information, image, program, signal or sound contained in computer. A
person who knowingly, willfully and without authorization creates,
alters or deletes any data, information, image, program, signal or sound
contained in any computer, system or network which, if done on a written
or printed document or instrument, would constitute forgery pursuant to
NRS 205.090 or 205.095, is guilty of forgery which is a category D
felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1991, 49; A 1995, 1229; 1999, 2709)
NRS 205.486 Unlawful use of encryption.
1. A person shall not willfully use or attempt to use encryption,
directly or indirectly, to:
(a) Commit, facilitate, further or promote any criminal offense;
(b) Aid, assist or encourage another person to commit any criminal
offense;
(c) Conceal the commission of any criminal offense;
(d) Conceal or protect the identity of a person who has committed any
criminal offense; or
(e) Delay, hinder or obstruct the administration of the law.
2. A person who violates any provision of this section:
(a) Is guilty of a gross misdemeanor, unless the encryption was used or
attempted to be used to commit a crime for which a greater penalty is
provided by specific statute. If the encryption was used or attempted to
be used to commit a crime for which a greater penalty is provided by
specific statute, the person shall be punished as prescribed by statute
for that crime.
(b) Commits a criminal offense that is separate and distinct from any
other criminal offense and may be prosecuted and convicted pursuant to
this section whether or not the person or any other person is or has
been prosecuted or convicted for any other criminal offense arising out
of the same facts as the violation of this section.
(Added to NRS by 1999, 2704; A 2001, 2789)
NRS 205.492 Unlawful acts involving electronic mail or transmission of
other data, information, images, programs, signals or sounds to
computer, system or network.
1. A person shall not willfully falsify or forge any data, information,
image, program, signal or sound that:
(a) Is contained in the header, subject line or routing instructions of
an item of electronic mail; or
(b) Describes or identifies the sender, source, point of origin or path
of transmission of an item of electronic mail,
Ê with the intent to transmit or cause to be transmitted the item of
electronic mail to any Internet or network site or to the electronic
mail address of one or more recipients without their knowledge of or
consent to the transmission.
2. Except as otherwise provided in subsection 7, a person shall not
willfully transmit or cause to be transmitted an item of electronic mail
to any Internet or network site or to the electronic mail address of one
or more recipients without their knowledge of or consent to the
transmission if the person knows or has reason to know that the item of
electronic mail contains or has been generated or formatted with:
(a) An Internet domain name that is being used without the consent of
the person who holds the Internet domain name; or
(b) Any data, information, image, program, signal or sound that has been
used intentionally in the header, subject line or routing instructions
of the item of electronic mail to falsify or misrepresent:
(1) The identity of the sender; or
(2) The source, point of origin or path of transmission of the item of
electronic mail.
3. A person shall not knowingly sell, give or otherwise distribute or
possess with the intent to sell, give or otherwise distribute any data,
information, image, program, signal or sound which is designed or
intended to be used to falsify or forge any data, information, image,
program, signal or sound that:
(a) Is contained in the header, subject line or routing instructions of
an item of electronic mail; or
(b) Describes or identifies the sender, source, point of origin or path
of transmission of an item of electronic mail.
4. Except as otherwise provided in subsection 7, a person shall not
willfully and without authorization transmit or cause to be transmitted
an item of electronic mail or any other data, information, image,
program, signal or sound to any Internet or network site, to the
electronic mail address of one or more recipients or to any other
computer, system or network:
(a) With the intent to prevent, impede, delay or disrupt the normal
operation or use of the Internet or network site, electronic mail
address, computer, system or network, whether or not such a result
actually occurs; or
(b) Under circumstances in which such conduct is reasonably likely to
prevent, impede, delay or disrupt the normal operation or use of the
Internet or network site, electronic mail address, computer, system or
network, whether or not such a result actually occurs.
5. Except as otherwise provided in subsection 6, a person who violates
any provision of this section is guilty of a misdemeanor.
6. If the violation of any provision of subsection 4:
(a) Was committed to devise or execute a scheme to defraud or illegally
obtain property;
(b) Caused response costs, loss, injury or other damage in excess of
$500; or
(c) Caused an interruption or impairment of a public service, including,
without limitation, a governmental operation, a system of public
communication or transportation or a supply of water, gas or
electricity,
Ê the person is guilty of a category C felony and shall be punished as
provided in NRS 193.130, and may be further punished by a fine of not
more than $100,000. In addition to any other penalty, the court shall
order the person to pay restitution.
7. The provisions of subsections 2 and 4 do not apply to a provider of
Internet service who, in the course of providing service, transmits or
causes to be transmitted an item of electronic mail on behalf of another
person, unless the provider of Internet service is the person who first
generates the item of electronic mail.
8. As used in this section, "item of electronic mail" includes, without
limitation:
(a) A single item of electronic mail;
(b) Multiple copies of one or more items of electronic mail;
(c) A collection, group or bulk aggregation of one or more items of
electronic mail;
(d) A constant, continual or recurring pattern or series of one or more
items of electronic mail; or
(e) Any other data, information, image, program, signal or sound that is
included or embedded in or attached or connected to one or more items of
electronic mail.
(Added to NRS by 1999, 2704; A 2001, 1243)
NRS 205.498 Provider of Internet service required to keep certain
information concerning subscribers confidential; notice required to be
provided to subscribers.
1. A provider of Internet service shall keep confidential:
(a) All information concerning a subscriber, other than the electronic
mail address of the subscriber, unless the subscriber gives permission,
in writing or by electronic mail, to the provider of Internet service to
disclose the information.
(b) The electronic mail address of a subscriber, if the subscriber
requests, in writing or by electronic mail, to have the electronic mail
address of the subscriber kept confidential. Upon receiving such a
request from a subscriber, a provider of Internet service shall keep
confidential the electronic mail address of the subscriber, unless the
subscriber gives permission, in writing or by electronic mail, to the
provider of Internet service to disclose the electronic mail address of
the subscriber.
2. A provider of Internet service shall provide notice of the
requirements of subsection 1 to each of its subscribers. The notice must
include, without limitation, a conspicuous statement that a subscriber
may request, in writing or by electronic mail, to have the electronic
mail address of the subscriber kept confidential.
3. A provider of Internet service who violates any provision of this
section is guilty of a misdemeanor and shall be punished by a fine of
not less than $50 or more than $500 for each violation.
4. As used in this section, "provider of Internet service" means a
provider of Internet service who charges a subscriber for access to the
Internet or the electronic mail address of the subscriber.
(Added to NRS by 1999, 2705)
NRS 205.506 Unlawful acts regarding information services.
1. It is unlawful for a person knowingly and with the intent to avoid
payment in full for the service obtained to:
(a) Obtain or attempt to obtain an information service from a provider
by deception, use of an illegal device or other fraudulent means. The
requisite intent may be inferred from the presence on the property or in
the possession of the person of a device, not authorized by the
provider, the major purpose of which is to permit or facilitate use of
an information service without payment. The inference is rebutted if the
person shows that he purchased the device for a legitimate purpose.
(b) Give to another person technical assistance or instruction in
obtaining an information service without full payment to a provider.
(c) Maintain an ability to connect, by physical, electronic or other
means, with facilities, components or devices used in an information
service for the purpose of obtaining the information service without
payment of all lawful compensation to the provider.
(d) Make or maintain a modification of a device installed with the
authorization of a provider to obtain any service that the person is not
authorized by the provider to obtain. The requisite intent may be
inferred from proof that the standard procedure of the provider is to
place labels on its devices warning that modifying the device is a
violation of law and that the device has been modified without the
permission of the provider.
(e) Possess, manufacture, deliver, offer to deliver or advertise,
without permission from the provider, a device or a kit for a device
designed to:
(1) Receive from the provider a service offered for sale by the
provider, whether or not the service is encoded or otherwise made
unintelligible; or
(2) Perform or facilitate an act prohibited by paragraphs (a) to (d),
inclusive.
Ê Intent to violate this paragraph for commercial advantage or financial
gain may be inferred if the circumstances, including, without
limitation, quantity or volume, indicate possession for resale.
(f) Manufacture, import, distribute, advertise, sell, lease, or offer to
sell or lease a device or a plan or kit for a device designed to receive
an information service offered for sale by a provider, whether or not
the service is encoded or otherwise made unintelligible, without full
payment. The requisite intent may be inferred from proof that the person
has sold, leased or offered to sell or lease any such device, plan or
kit and stated or implied to the buyer or lessee that it will enable him
to obtain an information service without charge.
(g) Possess any other materials for the purpose of creating a device or
a kit for a device designed to obtain an information service in any
manner prohibited pursuant to this section.
2. This section does not prohibit or restrict a holder of an amateur
service license issued by the Federal Communications Commission from
possessing or using a radio receiver or transceiver that is intended
primarily for use in the amateur radio service and is used for lawful
purposes.
3. A person who violates any provision of this section is guilty of a
category D felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1993, 871; A 1997, 491; 1999, 2710)
NRS 205.509 Presumption of authority of employee. An employee is
presumed to have the authority to access and use:
1. A computer, system or network owned or operated by his employer; and
2. Any supporting document to and any data, information, image, program,
signal or sound contained in such a computer, system or network,
Ê unless the presumption is overcome by clear and convincing evidence to
the contrary.
(Added to NRS by 1991, 50; A 1999, 2710)—(Substituted in revision for
NRS 205.485)
NRS 205.511 Victim authorized to bring civil action.
1. Any victim of a crime described in NRS 205.473 to 205.513, inclusive,
may bring a civil action to recover:
(a) Damages for any response costs, loss or injury suffered as a result
of the crime;
(b) Punitive damages; and
(c) Costs and reasonable attorney's fees incurred in bringing the civil
action.
2. A victim of a crime described in NRS 205.473 to 205.513, inclusive,
may bring a civil action pursuant to this section whether or not the
person who committed the crime is or has been charged with or convicted
or acquitted of the crime or any other offense arising out of the facts
surrounding the crime.
3. The provisions of this section do not abrogate or limit the right of
a victim of a crime described in NRS 205.473 to 205.513, inclusive, to
bring a civil action pursuant to any other statute or the common law.
(Added to NRS by 1999, 2706; A 2001, 1244)
NRS 205.513 Enforcement of provisions.
1. If it appears that a person has engaged in or is about to engage in
any act or practice which violates any provision of NRS 205.473 to
205.513, inclusive, the Attorney General or the appropriate district
attorney may file an action in any court of competent jurisdiction to
prevent the occurrence or continuance of that act or practice.
2. An injunction:
(a) May be issued without proof of actual damage sustained by any
person.
(b) Does not preclude the criminal prosecution and punishment of a
violator.
(Added to NRS by 1991, 50; A 1999, 2710; 2001, 1244)
New Hampshire
TITLE LXII
CRIMINAL CODE
CHAPTER 638
FRAUD
Computer Crime
Section 638:17
638:17 Computer Related Offenses. –
I. A person is guilty of the computer crime of unauthorized access to a
computer or computer network when, knowing that the person is not
authorized to do so, he or she knowingly accesses or causes to be
accessed any computer or computer network without authorization. It
shall be an affirmative defense to a prosecution for unauthorized access
to a computer or computer network that:
(a) The person reasonably believed that the owner of the computer or
computer network, or a person empowered to license access thereto, had
authorized him or her to access; or
(b) The person reasonably believed that the owner of the computer or
computer network, or a person empowered to license access thereto, would
have authorized the person to access without payment of any
consideration; or
(c) The person reasonably could not have known that his or her access
was unauthorized.
II. A person is guilty of the computer crime of theft of computer
services when he or she knowingly accesses or causes to be accessed or
otherwise uses or causes to be used a computer or computer network with
the purpose of obtaining unauthorized computer services.
III. A person is guilty of the computer crime of interruption of
computer services when the person, without authorization, knowingly or
recklessly disrupts or degrades or causes the disruption or degradation
of computer services or denies or causes the denial of computer services
to an authorized user of a computer or computer network.
IV. A person is guilty of the computer crime of misuse of computer or
computer network information when:
(a) As a result of his or her accessing or causing to be accessed a
computer or computer network, the person knowingly makes or causes to be
made an unauthorized display, use, disclosure, or copy, in any form, of
data residing in, communicated by, or produced by a computer or computer
network; or
(b) The person knowingly or recklessly and without authorization:
(1) Alters, deletes, tampers with, damages, destroys, or takes data
intended for use by a computer or computer network, whether residing
within or external to a computer or computer network; or
(2) Intercepts or adds to data residing within a computer or computer
network; or
(c) The person knowingly receives or retains data obtained in violation
of subparagraph (a) or (b) of this paragraph; or
(d) The person knowingly uses or discloses any data he or she knows or
believes was obtained in violation of subparagraph (a) or (b) of this
paragraph.
V. A person is guilty of the computer crime of destruction of computer
equipment when he or she, without authorization, knowingly or recklessly
tampers with, takes, transfers, conceals, alters, damages, or destroys
any equipment used in a computer or computer network, or knowingly or
recklessly causes any of the foregoing to occur.
VI. A person is guilty of the computer crime of computer contamination
if such person knowingly introduces, or causes to be introduced, a
computer contaminant into any computer, computer program, or computer
network which results in a loss of property or computer services.
TITLE LXII
CRIMINAL CODE
CHAPTER 638
FRAUD
Computer Crime
Section 638:17
638:17 Computer Related Offenses. –
I. A person is guilty of the computer crime of unauthorized access to a
computer or computer network when, knowing that the person is not
authorized to do so, he or she knowingly accesses or causes to be
accessed any computer or computer network without authorization. It
shall be an affirmative defense to a prosecution for unauthorized access
to a computer or computer network that:
(a) The person reasonably believed that the owner of the computer or
computer network, or a person empowered to license access thereto, had
authorized him or her to access; or
(b) The person reasonably believed that the owner of the computer or
computer network, or a person empowered to license access thereto, would
have authorized the person to access without payment of any
consideration; or
(c) The person reasonably could not have known that his or her access
was unauthorized.
II. A person is guilty of the computer crime of theft of computer
services when he or she knowingly accesses or causes to be accessed or
otherwise uses or causes to be used a computer or computer network with
the purpose of obtaining unauthorized computer services.
III. A person is guilty of the computer crime of interruption of
computer services when the person, without authorization, knowingly or
recklessly disrupts or degrades or causes the disruption or degradation
of computer services or denies or causes the denial of computer services
to an authorized user of a computer or computer network.
IV. A person is guilty of the computer crime of misuse of computer or
computer network information when:
(a) As a result of his or her accessing or causing to be accessed a
computer or computer network, the person knowingly makes or causes to be
made an unauthorized display, use, disclosure, or copy, in any form, of
data residing in, communicated by, or produced by a computer or computer
network; or
(b) The person knowingly or recklessly and without authorization:
(1) Alters, deletes, tampers with, damages, destroys, or takes data
intended for use by a computer or computer network, whether residing
within or external to a computer or computer network; or
(2) Intercepts or adds to data residing within a computer or computer
network; or
(c) The person knowingly receives or retains data obtained in violation
of subparagraph (a) or (b) of this paragraph; or
(d) The person knowingly uses or discloses any data he or she knows or
believes was obtained in violation of subparagraph (a) or (b) of this
paragraph.
V. A person is guilty of the computer crime of destruction of computer
equipment when he or she, without authorization, knowingly or recklessly
tampers with, takes, transfers, conceals, alters, damages, or destroys
any equipment used in a computer or computer network, or knowingly or
recklessly causes any of the foregoing to occur.
VI. A person is guilty of the computer crime of computer contamination
if such person knowingly introduces, or causes to be introduced, a
computer contaminant into any computer, computer program, or computer
network which results in a loss of property or computer services.
TITLE : TITLE 02A ADMINISTRATION OF CIVIL AND CRIMINAL JUSTICE
CHAPTER : 2A:38A-3.
2A:38A-3. Computer-related offenses; compensatory and punitive damages;
costs and expenses
Detail: : 2A:38A-3. Computer-related offenses; compensatory and punitive
damages; costs and expenses A person or enterprise damaged in business
or property as a result of any of the following actions may sue the
actor therefor in the Superior Court and may recover compensatory and
punitive damages and the cost of the suit including a reasonable
attorney@s fee, costs of investigation and litigation: a. The purposeful
or knowing, and unauthorized altering, damaging, taking or destruction
of any data, data base, computer program, computer software or computer
equipment existing internally or externally to a computer, computer
system or computer network; b. The purposeful or knowing, and
unauthorized altering, damaging, taking or destroying of a computer,
computer system or computer network; c. The purposeful or knowing, and
unauthorized accessing or attempt to access any computer, computer
system or computer network; d. The purposeful or knowing, and
unauthorized altering, accessing, tampering with, obtaining,
intercepting, damaging or destroying of a financial instrument; or e.
The purposeful or knowing accessing and reckless altering, damaging,
destroying or obtaining of any data, data base, computer, computer
program, computer software, computer equipment, computer system or
computer network. L.1984, c. 182, s. 3.
New Mexico
NEW MEXICO STATUTES 1978, ANNOTATED
Copyright (c) 1978-1990 by The State of New Mexico. All rights reserved.
CHAPTER 30. Criminal Offenses
ARTICLE 16A. COMPUTER CRIMES
(Repealed by Laws 1989, ch. 215, s 8.)
30-16A-1 to 30-16A-4. Repealed.
NEW MEXICO STATUTES 1978, ANNOTATED
Copyright (c) 1978-1990 by The State of New Mexico. All rights reserved.
CHAPTER 30. Criminal Offenses
ARTICLE 45. COMPUTER CRIMES
30-45-1. Short title.
This act [30-45-1 to 30-45-7 NMSA 1978] may be cited as the "COMPUTER
CRIMES
Act".
History: Laws 1989, ch. 215, s 1.
30-45-2. Definitions.
As used in the COMPUTER CRIMES Act [30-45-1 to 30-45-7 NMSA 1978]:
A. "access" means to program, execute programs on, intercept, instruct,
communicate with, store data in, retrieve data from or otherwise make
use of
any computer resources, including data or programs of a computer,
computer
system, computer network or database;
B. "computer" includes an electronic, magnetic, optical or other high-
speed data processing device or system performing logical, arithmetic or
storage functions and includes any property, data storage facility or
communications facility directly related to or operating in conjunction
with
such device or system. The term does not include an automated typewriter
or
typesetter or a single display machine in and of itself, designed and
used
solely within itself for word processing, or a portable hand-held
calculator,
or any other device which might contain components similar to those in
computers but in which the components have the sole function of
controlling the
device for the single purpose for which the device is intended;
C. "computer network" means the interconnection of communication lines
and
circuits with a computer or a complex consisting of two or more
interconnected
computers;
D. "computer program" means a series of instructions or statements, in a
form acceptable to a computer, which permits the functioning of a
computer
system in a manner designed to provide appropriate products from a
computer
system;
E. "computer property" includes a financial instrument, data, databases,
computer software, computer programs, documents associated with computer
systems and computer programs, or copies, whether tangible or
intangible, and
data while in transit;
F. "computer service" includes computer time, the use of the computer
system, computer network, computer programs or data prepared for
computer use,
data contained within a computer network and data processing and other
functions performed, in whole or in part, by the use of computers,
computer
systems, computer networks or computer software;
G. "computer software" means a set of computer programs, procedures and
associated documentation concerned with the operation and function of a
computer system;
H. "computer system" means a set of related or interconnected computer
equipment, devices and software;
I. "data" means a representation of information, knowledge, facts,
concepts or instructions which are prepared and are intended for use in
a
computer, computer system or computer network;
J. "database" means any data or other information classified, processed,
transmitted, received, retrieved, originated, switched, stored,
manifested,
measured, detected, recorded, reproduced, handled or utilized by a
computer,
computer system, computer network or computer software; and
K. "financial instrument" includes any check, draft, warrant, money
order,
note, certificate of deposit, letter of credit, bill of exchange, credit
or
debit card, transaction, authorization mechanism, marketable security or
any
other computerized representation thereof.
History: Laws 1989, ch. 215, s 2.
30-45-3. Computer access with intent to defraud or embezzle.
Any person who knowingly and willfully accesses or causes to be accessed
any
computer, computer system, computer network or any part thereof with the
intent
to obtain, by means of embezzlement or false or fraudulent pretenses,
representations or promises, money, property or anything of value,
where:
A. the money, property or other thing has a value of one hundred dollars
($100) or less is guilty of a petty misdemeanor;
B. the money, property or other thing has a value of more than one
hundred
dollars ($100) but not more than two hundred fifty dollars ($250) is
guilty of
a misdemeanor and shall be sentenced pursuant to the provisions of
Section 31-
19-1 NMSA 1978;
C. the money, property or other thing has a value of more than two
hundred
fifty dollars ($250) but not more than two thousand five hundred dollars
($2,500) is guilty of a fourth degree felony and shall be sentenced
pursuant to
the provisions of Section 31-18-15 NMSA 1978;
D. the money, property or other thing has a value of more than two
thousand five hundred dollars ($2,500) but not more than twenty thousand
dollars ($20,000) is guilty of a third degree felony and shall be
sentenced
pursuant to the provisions of Section 31-18-15 NMSA 1978; or
E. the money, property or other thing has a value of more than twenty
thousand dollars ($20,000) is guilty of a second degree felony and shall
be
sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
History: Laws 1989, ch. 215, s 3.
30-45-4. Computer abuse.
Any person who knowingly, willfully and without authorization, or having
obtained authorization:
A. directly or indirectly alters, changes, damages, disrupts or destroys
any computer, computer network, computer property, computer service or
computer
system where:
(1) the damage to the computer property or computer service has a value
of one hundred dollars ($100) or less is guilty of a petty misdemeanor;
(2) the damage to the computer property or computer service has a value
of more than one hundred dollars ($100) but not more than two hundred
fifty
dollars ($250) is guilty of a misdemeanor and shall be sentenced
pursuant to
the provisions of Section 31-19-1 NMSA 1978;
(3) the damage to the computer property or computer service has a value
of more than two hundred fifty dollars ($250) but not more than two
thousand
five hundred dollars ($2,500) is guilty of a fourth degree felony and
shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
(4) the damage to the computer property or computer service has a value
of more than two thousand five hundred dollars ($2,500) but not more
than
twenty thousand dollars ($20,000) is guilty of a third degree felony and
shall
be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
or
(5) the damage to the computer property or computer service has a value
of more than twenty thousand dollars ($20,000) is guilty of a second
degree
felony and shall be sentenced pursuant to the provisions of Section
31-18-15
NMSA 1978; or
B. directly or indirectly introduces or causes to be introduced data
which
the person knows to be false into a computer, computer system, computer
network, computer software, computer program, database or any part
thereof with
the intent of harming the property or financial interests or rights of
any
person is guilty of a fourth degree felony and shall be sentenced
pursuant to
the provisions of Section 31-18-15 NMSA 1978.
History: Laws 1989, ch. 215, s 4.
30-45-5. Unauthorized computer use.
Any person who knowingly, willfully and without authorization, or having
obtained authorization, uses the opportunity such authorization provides
for
purposes to which the authorization does not extend, directly or
indirectly
accesses, uses, takes, transfers, conceals, obtains, copies, or retains
possession of any computer, computer network, computer property,
computer
service, computer system or any part thereof where:
A. the damage to the computer property or computer service has a value
of
one hundred dollars ($100) or less is guilty of a petty misdemeanor;
B. the damage to the computer property or computer service has a value
of
more than one hundred dollars ($100) but not more than two hundred fifty
dollars ($250) is guilty of a misdemeanor and shall be sentenced
pursuant to
the provisions of Section 31-19-1 NMSA 1978;
C. the damage to the computer property or computer service has a value
of
more than two hundred fifty dollars ($250) but not more than two
thousand five
hundred dollars ($2,500) is guilty of a fourth degree felony and shall
be
sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
D. the damage to the computer property or computer service has a value
of
more than two thousand five hundred dollars ($2,500) but not more than
twenty
thousand dollars ($20,000) is guilty of a third degree felony and shall
be
sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; or
E. the damage to the computer property or computer service has a value
of
more than twenty thousand dollars ($20,000) is guilty of a second degree
felony
and shall be sentenced pursuant to the provisions of Section 31-18-15
NMSA
1978.
History: Laws 1989, ch. 215, s 5.
30-45-6. Prosecution.
A. Prosecution pursuant to the COMPUTER CRIMES Act [30-45-1 to 30-45-7
NMSA
1978] shall not prevent any prosecutions pursuant to any other
provisions of
the law where such conduct also constitutes a violation of that other
provision.
B. A person found guilty of violating any provision of the COMPUTER
CRIMES
Act shall, in addition to any other punishment, be ordered to make
restitution
for any financial loss sustained by anyone injured as the direct result
of the
commission of the CRIME. Restitution shall be imposed in addition to
incarceration, forfeiture or fine, and not in lieu thereof, and may be
made a
condition of probation. The defendant's present and future ability to
make such
restitution shall be considered. In an extraordinary case, the court may
determine that the interests of those injured and justice would not be
served
by ordering restitution. In such a case, the court shall make and enter
specific written findings on the record substantiating the extraordinary
circumstance presented upon which the court determined not to order
restitution. In all other cases, the court shall determine the amount
and
method of restitution.
30-45-7. Forfeiture of property.
A. The following are subject to forfeiture:
(1) all COMPUTER property, equipment or products of any kind which have
been used, manufactured, acquired or distributed in violation of the
COMPUTER
CRIMES Act [30-45-1 to 30-45-7 NMSA 1978];
(2) all materials, products and equipment of any kind which are used or
intended for use in manufacturing, using, accessing, altering,
disrupting,
copying, concealing, destroying, transferring, delivering, importing or
exporting any COMPUTER property or COMPUTER service in violation of the
COMPUTER CRIMES Act;
(3) all books, records and research products and materials involving
formulas, microfilm, tapes and data which are used or intended for use
in
violation of the COMPUTER CRIMES Act;
(4) all conveyances, including aircraft, vehicles or vessels, which are
used or intended for use to transport or in any manner to facilitate the
transportation of property described in Subsection A, B or C of this
section
for the purpose of violating the COMPUTER CRIMES Act;
(5) all property, real, personal or mixed, which has been used or
intended
for use, maintained or acquired in violation of the COMPUTER CRIMES Act;
and
(6) all money or proceeds that constitute an instrumentality or derive
from a violation of the COMPUTER CRIMES Act.
B. Notwithstanding the provisions of Paragraphs (1) through (6) of
Subsection A of this section:
(1) no conveyance used by any person as a common carrier in the
transaction of business as a common carrier is subject to forfeiture
under this
section unless it appears that the owner or other person in charge of
the
conveyance is a consenting party to a violation of the COMPUTER CRIMES
Act;
(2) no conveyance, computer property, equipment or other material is
subject to forfeiture under this section by reason of any act or
omission
established by the owner to have been committed or omitted without his
knowledge or consent;
(3) a conveyance, computer property, equipment or other material is not
subject to forfeiture for a violation of law the penalty for which is a
misdemeanor or petty misdemeanor; and
(4) a forfeiture of a conveyance, computer property, equipment or
material
encumbered by a bona fide security interest shall be subject to the
interest of
a secured party if the secured party neither had knowledge of nor
consented to
the act or omission.
C. Property subject to forfeiture and disposal under the COMPUTER CRIMES
Act
may be seized by any law enforcement officer upon an order issued by the
district court having jurisdiction.
D. Seizure without such an order may be made if:
(1) the seizure is incident to an arrest or search under a search
warrant;
(2) the property subject to seizure had been the subject of a prior
judgment in favor of the state in an injunction or forfeiture proceeding
based
upon the COMPUTER CRIMES Act; or
(3) the enforcement officer has probable cause to believe that the
property, whether real, personal or mixed, was used or intended for use,
maintained or acquired in violation of the COMPUTER CRIMES Act.
E. In the event of a seizure pursuant to Subsection C or Subsection D of
this section, a proceeding under the COMPUTER CRIMES Act and the rules
of civil
procedure for the district courts shall be instituted promptly and not
later
than thirty days after seizure. The proceeding to forfeit property under
the
COMPUTER CRIMES Act is against the property and not against the owner or
any
other person. It is in rem wholly and not in personam. It is a civil
case and
not a criminal proceeding. The forfeiture proceeding is required, not to
complete the forfeiture, but to prove the illegal use for which the
forfeiture
was suffered.
F. Except as otherwise specifically provided by law, whenever any
property
is forfeited to the state by reason of the violation of any law, the
court by
which the offender is convicted shall order the sale or other
disposition of
the property and the proceeds of any such sale as provided for in this
section
are subject to the court making due provisions for the rights of
innocent
persons and the legitimate rights to restitution on behalf of actual
victims of
the criminal acts.
G. Property taken or detained under this section shall not be subject to
replevin but is deemed to be in the custody of the law enforcement
agency
seizing it subject only to the orders and decrees of the district court.
When
property is seized under the COMPUTER CRIMES Act, the enforcement
officer may:
(1) place the property under seal;
(2) remove the property to a place designated by the law enforcement
officer or by the district court; or
(3) require the law enforcement agency to take custody of the property
and
remove it to an appropriate location for disposition in accordance with
law.
H. When property is forfeited under the COMPUTER CRIMES Act, the law
enforcement agency seizing it shall:
(1) deliver custody of the property to the information systems council
attached to the general services department. The council, based upon a
plan,
shall advertise and make available the forfeited property to stated
agencies
and political subdivisions of the state based upon a demonstrated need
and plan
of use for that property. The information systems council shall
advertise and
make the forfeited property available by bid for a minimum of one
hundred
twenty days and dispose of that property within another sixty days. All
proceeds from the sale of forfeited property shall be deposited in the
general
fund; or
(2) where the court orders the property to be sold, the proceeds of the
sale shall be paid into the general fund.
History: Laws 1989, ch. 215, s 7.
New York
ARTICLE 156
OFFENSES INVOLVING COMPUTERS; DEFINITION OF TERMS
§ 156.00 Offenses involving computers; definition of terms.
The following definitions are applicable to this chapter except where
different meanings are expressly specified:
1. "Computer" means a device or group of devices which, by
manipulation of electronic, magnetic, optical or electrochemical
impulses, pursuant to a computer program, can automatically perform
arithmetic, logical, storage or retrieval operations with or on computer
data, and includes any connected or directly related device, equipment
or facility which enables such computer to store, retrieve or
communicate to or from a person, another computer or another device the
results of computer operations, computer programs or computer data.
2. "Computer program" is property and means an ordered set of data
representing coded instructions or statements that, when executed by
computer, cause the computer to process data or direct the computer to
perform one or more computer operations or both and may be in any form,
including magnetic storage media, punched cards, or stored internally in
the memory of the computer.
3. "Computer data" is property and means a representation of
information, knowledge, facts, concepts or instructions which are being
processed, or have been processed in a computer and may be in any form,
including magnetic storage media, punched cards, or stored internally in
the memory of the computer.
4. "Computer service" means any and all services provided by or
through the facilities of any computer communication system allowing the
input, output, examination, or transfer, of computer data or computer
programs from one computer to another.
5. "Computer material" is property and means any computer data or
computer program which:
(a) contains records of the medical history or medical treatment of an
identified or readily identifiable individual or individuals. This term
shall not apply to the gaining access to or duplication solely of the
medical history or medical treatment records of a person by that person
or by another specifically authorized by the person whose records are
gained access to or duplicated; or
(b) contains records maintained by the state or any political
subdivision thereof or any governmental instrumentality within the state
which contains any information concerning a person, as defined in
subdivision seven of section 10.00 of this chapter, which because of
name, number, symbol, mark or other identifier, can be used to identify
the person and which is otherwise prohibited by law from being
disclosed. This term shall not apply to the gaining access to or
duplication solely of records of a person by that person or by another
specifically authorized by the person whose records are gained access to
or duplicated; or
(c) is not and is not intended to be available to anyone other than
the person or persons rightfully in possession thereof or selected
persons having access thereto with his or their consent and which
accords or may accord such rightful possessors an advantage over
competitors or other persons who do not have knowledge or the benefit
thereof.
6. "Uses a computer or computer service without authorization" means
the use of a computer or computer service without the permission of, or
in excess of the permission of, the owner or lessor or someone licensed
or privileged by the owner or lessor after notice to that effect to the
user of the computer or computer service has been given by:
(a) giving actual notice in writing or orally to the user; or
(b) prominently posting written notice adjacent to the computer being
utilized by the user; or
(c) a notice that is displayed on, printed out on or announced by the
computer being utilized by the user. Proof that the computer is
programmed to automatically display, print or announce such notice or a
notice prohibiting copying, reproduction or duplication shall be
presumptive evidence that such notice was displayed, printed or
announced.
7. "Felony" as used in this article means any felony defined in the
laws of this state or any offense defined in the laws of any other
jurisdiction for which a sentence to a term of imprisonment in excess of
one year is authorized in this state.
§ 156.05 Unauthorized use of a computer.
A person is guilty of unauthorized use of a computer when he knowingly
uses or causes to be used a computer or computer service without
authorization and the computer utilized is equipped or programmed with
any device or coding system, a function of which is to prevent the
unauthorized use of said computer or computer system.
Unauthorized use of a computer is a class A misdemeanor.
§ 156.10 Computer trespass.
A person is guilty of computer trespass when he knowingly uses or
causes to be used a computer or computer service without authorization
and:
1. he does so with an intent to commit or attempt to commit or further
the commission of any felony; or
2. he thereby knowingly gains access to computer material.
Computer trespass is a class E felony.
§ 156.20 Computer tampering in the fourth degree.
A person is guilty of computer tampering in the fourth degree when he
uses or causes to be used a computer or computer service and having no
right to do so he intentionally alters in any manner or destroys
computer data or a computer program of another person.
Computer tampering in the fourth degree is a class A misdemeanor.
§ 156.25 Computer tampering in the third degree.
A person is guilty of computer tampering in the third degree when he
commits the crime of computer tampering in the fourth degree and:
1. he does so with an intent to commit or attempt to commit or further
the commission of any felony; or
2. he has been previously convicted of any crime under this article or
subdivision eleven of section 165.15 of this chapter; or
3. he intentionally alters in any manner or destroys computer
material; or
4. he intentionally alters in any manner or destroys computer data or
a computer program so as to cause damages in an aggregate amount
exceeding one thousand dollars.
Computer tampering in the third degree is a class E felony.
§ 156.26 Computer tampering in the second degree.
A person is guilty of computer tampering in the second degree when he
commits the crime of computer tampering in the fourth degree and he
intentionally alters in any manner or destroys computer data or a
computer program so as to cause damages in an aggregate amount exceeding
three thousand dollars.
Computer tampering in the second degree is a class D felony.
§ 156.27 Computer tampering in the first degree.
A person is guilty of computer tampering in the first degree when he
commits the crime of computer tampering in the fourth degree and he
intentionally alters in any manner or destroys computer data or a
computer program so as to cause damages in an aggregate amount exceeding
fifty thousand dollars.
Computer tampering in the first degree is a class C felony.
§ 156.30 Unlawful duplication of computer related material.
A person is guilty of unlawful duplication of computer related
material when having no right to do so, he copies, reproduces or
duplicates in any manner:
1. any computer data or computer program and thereby intentionally and
wrongfully deprives or appropriates from an owner thereof an economic
value or benefit in excess of two thousand five hundred dollars; or
2. any computer data or computer program with an intent to commit or
attempt to commit or further the commission of any felony.
Unlawful duplication of computer related material is a class E felony.
§ 156.35 Criminal possession of computer related material.
A person is guilty of criminal possession of computer related material
when having no right to do so, he knowingly possesses, in any form, any
copy, reproduction or duplicate of any computer data or computer program
which was copied, reproduced or duplicated in violation of section
156.30 of this article, with intent to benefit himself or a person other
than an owner thereof.
Criminal possession of computer related material is a class E felony.
§ 156.50 Offenses involving computers; defenses.
In any prosecution:
1. under section 156.05 or 156.10 of this article, it shall be a
defense that the defendant had reasonable grounds to believe that he had
authorization to use the computer;
2. under section 156.20, 156.25, 156.26 or 156.27 of this article it
shall be a defense that the defendant had reasonable grounds to believe
that he had the right to alter in any manner or destroy the computer
data or the computer program;
3. under section 156.30 of this article it shall be a defense that the
defendant had reasonable grounds to believe that he had the right to
copy, reproduce or duplicate in any manner the computer data or the
computer program.
North Carolina
Article 60.
Computer‑Related Crime.
§ 14‑453. Definitions.
As used in this Article, unless the context clearly requires otherwise,
the following terms have the meanings specified:
(1) "Access" means to instruct, communicate with, cause input, cause
output, cause data processing, or otherwise make use of any resources of
a computer, computer system, or computer network.
(1a) "Authorization" means having the consent or permission of the
owner, or of the person licensed or authorized by the owner to grant
consent or permission to access a computer, computer system, or computer
network in a manner not exceeding the consent or permission.
(1b) "Commercial electronic mail" means messages sent and received
electronically consisting of commercial advertising material, the
principal purpose of which is to promote the for‑profit sale or lease of
goods or services to the recipient.
(2) "Computer" means an internally programmed, automatic device that
performs data processing or telephone switching.
(3) "Computer network" means the interconnection of communication
systems with a computer through remote terminals, or a complex
consisting of two or more interconnected computers or telephone
switching equipment.
(4) "Computer program" means an ordered set of data that are coded
instructions or statements that when executed by a computer cause the
computer to process data.
(4a) "Computer services" means computer time or services, including data
processing services, Internet services, electronic mail services,
electronic message services, or information or data stored in connection
with any of these services.
(5) "Computer software" means a set of computer programs, procedures and
associated documentation concerned with the operation of a computer,
computer system, or computer network.
(6) "Computer system" means at least one computer together with a set of
related, connected, or unconnected peripheral devices.
(6a) "Data" means a representation of information, facts, knowledge,
concepts, or instructions prepared in a formalized or other manner and
intended for use in a computer, computer system, or computer network.
Data may be embodied in any form including computer printouts, magnetic
storage media, optical storage media, and punch cards, or may be stored
internally in the memory of a computer.
(6b) "Electronic mail" means the same as the term is defined in G.S.
14‑196.3(a)(2).
(6c) "Electronic mail service provider" means any person who (i) is an
intermediary in sending or receiving electronic mail and (ii) provides
to end users of electronic mail services the ability to send or receive
electronic mail.
(7) "Financial instrument" includes any check, draft, money order,
certificate of deposit, letter of credit, bill of exchange, credit card
or marketable security, or any electronic data processing representation
thereof.
(7a) "Government computer" means any computer, computer program,
computer system, computer network, or any part thereof, that is owned,
operated, or used by any State or local governmental entity.
(8) "Property" includes financial instruments, information, including
electronically processed or produced data, and computer software and
computer programs in either machine or human readable form, and any
other tangible or intangible item of value.
(8a) "Resource" includes peripheral devices, computer software, computer
programs, and data, and means to be a part of a computer, computer
system, or computer network.
(9) "Services" includes computer time, data processing and storage
functions.
(10) "Unsolicited" means not addressed to a recipient with whom the
initiator has an existing business or personal relationship and not sent
at the request of, or with the express consent of, the recipient. (1979,
c. 831, s. 1; 1993 (Reg. Sess., 1994), c. 764, s. 1; 1999‑212, s. 2;
2000‑125, s. 3; 2002‑157, s. 1.)
§ 14‑453.1. Exceptions.
This Article does not apply to or prohibit:
(1) Any terms or conditions in a contract or license related to a
computer, computer network, software, computer system, database, or
telecommunication device; or
(2) Any software or hardware designed to allow a computer, computer
network, software, computer system, database, information, or
telecommunication service to operate in the ordinary course of a lawful
business or that is designed to allow an owner or authorized holder of
information to protect data, information, or rights in it. (2002‑157, s.
2.)
§ 14‑453.2. Jurisdiction.
Any offense under this Article committed by the use of electronic
communication may be deemed to have been committed where the electronic
communication was originally sent or where it was originally received in
this State. "Electronic communication" means the same as the term is
defined in G.S. 14‑196.3(a). (2002‑157, s. 3.)
§ 14‑454. Accessing computers.
(a) It is unlawful to willfully, directly or indirectly, access or cause
to be accessed any computer, computer program, computer system, computer
network, or any part thereof, for the purpose of:
(1) Devising or executing any scheme or artifice to defraud, unless the
object of the scheme or artifice is to obtain educational testing
material, a false educational testing score, or a false academic or
vocational grade, or
(2) Obtaining property or services other than educational testing
material, a false educational testing score, or a false academic or
vocational grade for a person, by means of false or fraudulent
pretenses, representations or promises.
A violation of this subsection is a Class G felony if the fraudulent
scheme or artifice results in damage of more than one thousand dollars
($1,000), or if the property or services obtained are worth more than
one thousand dollars ($1,000). Any other violation of this subsection is
a Class 1 misdemeanor.
(b) Any person who willfully and without authorization, directly or
indirectly, accesses or causes to be accessed any computer, computer
program, computer system, or computer network for any purpose other than
those set forth in subsection (a) above, is guilty of a Class 1
misdemeanor.
(c) For the purpose of this section, the phrase "access or cause to be
accessed" includes introducing, directly or indirectly, a computer
program (including a self‑replicating or a self‑propagating computer
program) into a computer, computer program, computer system, or computer
network. (1979, c. 831, s. 1; 1979, 2nd Sess., c. 1316, s. 19; 1981, cc.
63, 179; 1993, c. 539, s. 293; 1994, Ex. Sess., c. 24, s. 14(c); 1993
(Reg. Sess., 1994), c. 764, s. 1; 2000‑125, s. 4.)
§ 14‑454.1. Accessing government computers.
(a) It is unlawful to willfully, directly or indirectly, access or cause
to be accessed any government computer for the purpose of:
(1) Devising or executing any scheme or artifice to defraud, or
(2) Obtaining property or services by means of false or fraudulent
pretenses, representations, or promises.
A violation of this subsection is a Class F felony.
(b) Any person who willfully and without authorization, directly or
indirectly, accesses or causes to be accessed any government computer
for any purpose other than those set forth in subsection (a) of this
section is guilty of a Class H felony.
(c) Any person who willfully and without authorization, directly or
indirectly, accesses or causes to be accessed any educational testing
material or academic or vocational testing scores or grades that are in
a government computer is guilty of a Class 1 misdemeanor.
(d) For the purpose of this section the phrase "access or cause to be
accessed" includes introducing, directly or indirectly, a computer
program (including a self‑replicating or a self‑propagating computer
program) into a computer, computer program, computer system, or computer
network. (2002‑157, s. 4.)
(a) It is unlawful to willfully and without authorization alter, damage,
or destroy a computer, computer program, computer system, computer
network, or any part thereof. A violation of this subsection is a Class
G felony if the damage caused by the alteration, damage, or destruction
is more than one thousand dollars ($1,000). Any other violation of this
subsection is a Class 1 misdemeanor.
(a1) It is unlawful to willfully and without authorization alter,
damage, or destroy a government computer. A violation of this subsection
is a Class F felony.
(b) This section applies to alteration, damage, or destruction
effectuated by introducing, directly or indirectly, a computer program
(including a self‑replicating or a self‑propagating computer program)
into a computer, computer program, computer system, or computer network.
(1979, c. 831, s. 1; 1979, 2nd Sess., c. 1316, s. 20; 1981, cc. 63, 179;
1993, c. 539, s. 294; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess.,
1994), c. 764, s. 1; 1995, c. 509, s. 12; 2000‑125, s. 5; 2002‑157, s.
5.)
§ 14‑456. Denial of computer services to an authorized user.
(a) Any person who willfully and without authorization denies or causes
the denial of computer, computer program, computer system, or computer
network services to an authorized user of the computer, computer
program, computer system, or computer network services is guilty of a
Class 1 misdemeanor.
(b) This section also applies to denial of services effectuated by
introducing, directly or indirectly, a computer program (including a
self‑replicating or a self‑propagating computer program) into a
computer, computer program, computer system, or computer network. (1979,
c. 831, s. 1; 1993, c. 539, s. 295; 1994, Ex. Sess., c. 24, s. 14(c);
1993 (Reg. Sess., 1994), c. 764, s. 1; 2000‑125, s. 6.)
§ 14‑456.1. Denial of government computer services to an authorized
user.
(a) Any person who willfully and without authorization denies or causes
the denial of government computer services is guilty of a Class H
felony. For the purposes of this section, the term "government computer
service" means any service provided or performed by a government
computer as defined in G.S. 14‑454.1.
(b) This section also applies to denial of services effectuated by
introducing, directly or indirectly, a computer program (including a
self‑replicating or a self‑propagating computer program) into a
computer, computer program, computer system, or computer network.
(2002‑157, s. 6.)
§ 14‑457. Extortion.
Any person who verbally or by a written or printed communication,
maliciously threatens to commit an act described in G.S. 14‑455 with the
intent to extort money or any pecuniary advantage, or with the intent to
compel any person to do or refrain from doing any act against his will,
is guilty of a Class H felony. (1979, c. 831, s. 1; 1979, 2nd Sess., c.
1316, s. 21; 1981, cc. 63, 179.)
§ 14‑458. Computer trespass; penalty.
(a) Except as otherwise made unlawful by this Article, it shall be
unlawful for any person to use a computer or computer network without
authority and with the intent to do any of the following:
(1) Temporarily or permanently remove, halt, or otherwise disable any
computer data, computer programs, or computer software from a computer
or computer network.
(2) Cause a computer to malfunction, regardless of how long the
malfunction persists.
(3) Alter or erase any computer data, computer programs, or computer
software.
(4) Cause physical injury to the property of another.
(5) Make or cause to be made an unauthorized copy, in any form,
including, but not limited to, any printed or electronic form of
computer data, computer programs, or computer software residing in,
communicated by, or produced by a computer or computer network.
(6) Falsely identify with the intent to deceive or defraud the recipient
or forge commercial electronic mail transmission information or other
routing information in any manner in connection with the transmission of
unsolicited bulk commercial electronic mail through or into the computer
network of an electronic mail service provider or its subscribers.
For purposes of this subsection, a person is "without authority" when (i)
the person has no right or permission of the owner to use a computer, or
the person uses a computer in a manner exceeding the right or
permission, or (ii) the person uses a computer or computer network, or
the computer services of an electronic mail service provider to transmit
unsolicited bulk commercial electronic mail in contravention of the
authority granted by or in violation of the policies set by the
electronic mail service provider.
(b) Any person who violates this section shall be guilty of computer
trespass, which offense shall be punishable as a Class 3 misdemeanor. If
there is damage to the property of another and the damage is valued at
less than two thousand five hundred dollars ($2,500) caused by the
person's act in violation of this section, the offense shall be punished
as a Class 1 misdemeanor. If there is damage to the property of another
valued at two thousand five hundred dollars ($2,500) or more caused by
the person's act in violation of this section, the offense shall be
punished as a Class I felony.
(c) Any person whose property or person is injured by reason of a
violation of this section may sue for and recover any damages sustained
and the costs of the suit pursuant to G.S. 1‑539.2A. (1999‑212, s. 3;
2000‑125, s. 7.)
§ 14‑459. Reserved for future codification purposes.
North Dakota
CHAPTER 12.1-06.1
RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
12.1-06.1-01. Definitions. 1.
For the purpose of section 12.1-06.1-02:
a.
"Combination" means persons who collaborate in carrying on or furthering
the
activities or purposes of a criminal association even though those
persons may
not know each other's identity or membership in the combination may
change
from time to time or one or more members may stand in a
wholesaler-retailer
or other arm's-length relationship with others as to activities or
dealings
between or among themselves in an illicit operation.
b.
"Criminal association" means any combination of persons or enterprises
engaging, or having the purpose of engaging, on a continuing basis in
conduct
which violates any one or more provisions of any felony statute of this
state or
which is the willful and illegal transportation or disposal of
radioactive waste
material or hazardous waste.
2.
For the purposes of sections 12.1-06.1-02 through 12.1-06.1-07, unless
the context
otherwise requires:
a.
"Control" means the possession of a sufficient interest to permit
substantial
direction over the affairs of an enterprise.
b.
"Enterprise" means any corporation, limited liability company,
association, labor
union, or other legal entity or any group of persons associated in fact
although
not a legal entity.
c.
"Financial institution" means any bank, trust company, savings and loan
association, credit union, or moneylender under the jurisdiction of the
state
department of financial institutions or its commissioner, or the state
banking
board, or the state credit union board.
d.
"Illegal transportation or disposal of radioactive waste material or
hazardous
waste" means the transportation or disposal into a nonhazardous waste
landfill
or the intentional and unlawful dumping into or on any land or water of
radioactive waste material in violation of section 23-20.2-09 or rules
adopted
pursuant to that section which were in effect on January 1, 1997, or
hazardous
waste in willful violation of chapter 23-20.3 or the rules adopted
pursuant to that
chapter which were in effect on January 1, 1997, except for the handling
of
conditionally exempt small quantities of hazardous waste as referenced
in
section 33-24-02-05 of the North Dakota Administrative Code.
e.
"Pattern of racketeering activity" requires at least two acts of
racketeering
activity, one of which occurred after July 8, 1987, and the last of
which occurred
within ten years, excluding any period of imprisonment, after the
commission of
a prior act of racketeering activity.
f.
"Racketeering" means any act including any criminal attempt,
facilitation,
solicitation, or conspiracy, committed for financial gain, which is
chargeable or
indictable under the laws of the state in which the act occurred and, if
the act
occurred in a state other than this state, would be chargeable or
indictable
under the laws of this state had the act occurred in this state and
punishable by
imprisonment for more than one year, regardless of whether such act is
charged or indicted, involving:
(1)
Homicide.
(2)
Robbery.
(3)
Kidnapping.
(4)
Forgery.
(5)
Theft.
(6)
Bribery.
(7)
Gambling.
(8)
Usury.
(9)
Extortion.
(10)
Unlawful delivery of controlled substances.
(11)
Trafficking in explosives, weapons, or stolen property.
(12)
Leading a criminal association.
(13)
Obstructing or hindering criminal investigations or prosecutions.
(14)
Asserting false claims including, but not limited to, false claims
asserted
through fraud or arson.
(15)
Fraud.
(16)
Sale of unregistered securities or real property securities and
transactions involving such securities by unregistered dealers or
salesmen.
(17)
Obscenity.
(18)
Child pornography.
(19)
Prostitution.
g.
"Records" means any book, paper, writing, record, computer program, or
other
material.
3.
For the purposes of section 12.1-06.1-08:
a.
"Access" means to approach, instruct, communicate with, store data in,
retrieve
data from, or otherwise make use of any resources of a computer,
computer
system, or computer network.
b.
"Computer" means an electronic device which performs work using
programmed instruction and which has one or more of the capabilities of
storage, logic, arithmetic, communication, or memory and includes all
input,
output, processing, storage, software, or communication facilities that
are
connected or related to such a device in a system or network.
c.
"Computer network" means the interconnection of communication lines,
including microwave, fiber optics, light beams, or other means of
electronic or
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optic data communication, with a computer through remote terminals or a
complex consisting of two or more interconnected computers.
d.
"Computer program" means a series of instructions or statements, in a
form
acceptable to a computer, which permits the functioning of a computer
system
in a manner designed to provide appropriate products from such computer
system.
e.
"Computer software" means a set of computer programs, procedures, and
associated documentation concerned with the operation of a computer
system.
f.
"Computer system" means a set of related, connected, or unconnected
computer equipment, devices, and software.
g.
"Financial instrument" means any credit card, debit card, or electronic
fund
transfer card, code, or other means of access to an account for the
purpose of
initiating electronic fund transfers, or any check, draft, money order,
certificate
of deposit, letter of credit, bill of exchange, marketable security, or
any other
written instrument which is transferable for value.
h.
"Property" includes financial instruments, information, electronically
produced
or stored data, supporting documentation, computer software, and
computer
programs in either machine or human readable form, and any other
tangible or
intangible item of value.
i.
"Services" includes computer time, data processing, storage functions,
and
other uses of a computer, computer system, or computer network to
perform
useful work.
12.1-06.1-02. Leading a criminal association - Classification.
1.
A person is guilty of an offense by any of the following:
a.
Intentionally organizing, managing, directing, supervising, or financing
a
criminal association.
b.
Knowingly inciting or inducing others to engage in violence or
intimidation to
promote or further the criminal objectives of a criminal association.
c.
Willfully furnishing advice, assistance, or direction in the conduct,
financing, or
management of a criminal association's affairs with the intent to
promote or
further the criminal objectives of a criminal association.
d.
Intentionally promoting or furthering the criminal objectives of a
criminal
association by inducing or committing any act or omission by a public
servant in
violation of official duty.
2.
No person shall be convicted pursuant to this section on the basis of
accountability
as an accomplice unless that person aids or participates in violating
this section in
one of the ways specified.
3.
Leading a criminal association is a class B felony.
12.1-06.1-03. Illegal control of an enterprise - Illegally conducting an
enterprise.
1.
A person is guilty of an offense if such person, through a pattern of
racketeering
activity or its proceeds, acquires or maintains, by investment or
otherwise, control of
any enterprise.
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2.
A person is guilty of an offense if the person is employed or associated
with any
enterprise and conducts or participates in the conduct of that
enterprise's affairs
through a pattern of racketeering activity.
3.
A knowing violation of this section is a class B felony.
12.1-06.1-04.
Judicial powers over racketeering criminal cases.
During the
pendency of any criminal case charging an offense included in the
definition of racketeering if it is
shown to the satisfaction of the court when ruling upon the application
for the order that the
racketeering offense has occurred as a part of a pattern of racketeering
activity or a violation of
section 12.1-06.1-02 or 12.1-06.1-03, the court may, in addition to its
other powers, issue an
order pursuant to subsections 1 and 2 of section 12.1-06.1-05. Upon
conviction of a person for
an offense included in the definition of racketeering if it is shown to
the satisfaction of the court
when ruling upon the application for the order that the racketeering
offense has occurred as a
part of a pattern of racketeering activity or a violation of section
12.1-06.1-02 or 12.1-06.1-03, the
court may, in addition to its other powers, issue an order pursuant to
section 12.1-06.1-05.
12.1-06.1-05. Racketeering - Civil remedies.
1.
A person who sustains injury to person, business, or property by a
pattern of
racketeering activity or by a violation of section 12.1-06.1-02 or
12.1-06.1-03 may file
an action in district court for the recovery of treble damages and the
costs of the suit,
including reasonable attorney fees. The state may file an action in
behalf of those
persons injured or to prevent, restrain, or remedy a pattern of
racketeering activity or
a violation of section 12.1-06.1-02 or 12.1-06.1-03.
2.
The district court has jurisdiction to prevent, restrain, and remedy a
pattern of
racketeering activity or a violation of section 12.1-06.1-02 or
12.1-06.1-03 after
making provision for the rights of all innocent persons affected by the
violation and
after hearing or trial, as appropriate, by issuing appropriate orders.
3.
Prior to a determination of liability, orders may include entering
restraining orders,
receivership orders or prohibitions or other actions, including the
acceptance of
satisfactory performance bonds, in connection with any property or other
interest
subject to damages, forfeiture, or other restraints pursuant to this
section.
4.
Following a determination of liability, orders may include:
a.
Ordering any person to divest himself of any interests, direct or
indirect, in any
enterprise.
b.
Imposing reasonable restrictions on the future activities or investments
of any
person, including prohibiting any person from engaging in the same type
of
endeavor as the enterprise engaged in, the activities of which affect
the laws of
this state, to the extent the constitutions of the United States and
this state
permit.
c.
Ordering dissolution or reorganization of any enterprise.
d.
Ordering the payment of treble damages and appropriate restitution to
those
persons injured by a pattern of racketeering activity or a violation of
section
12.1-06.1-02 or 12.1-06.1-03.
e.
Ordering the payment of all costs and expenses and reasonable attorneys'
fees
concerned with the prosecution and investigation of any offense included
in the
definition of racketeering if upon application for the order it is shown
to the
satisfaction of the court that the racketeering offense has occurred as
a part of
a pattern of racketeering activity or a violation of section
12.1-06.1-02 or
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12.1-06.1-03, civil and criminal, incurred by the state or county as
appropriate
to be paid to the general fund of the state or county that brings the
action.
f.
Forfeiture, pursuant to chapter 32-14, to the state school fund of the
state or
county as appropriate under section 29-27-02.1, to the extent not
already
ordered to be paid in other damages:
(1)
Any property or other interest acquired or maintained by a person in
violation of section 12.1-06.1-02 or 12.1-06.1-03.
(2)
Any interest in, security of, claims against, or property or contractual
right
of any kind affording a source of influence over any enterprise that a
person has established, operated, controlled, conducted, or participated
in the conduct of in violation of section 12.1-06.1-02 or 12.1-06.1-03.
(3)
All proceeds traceable to an offense included in the definition of
racketeering and all moneys, negotiable instruments, securities, and
other things of value used or intended to be used to facilitate
commission
of the offense if upon application for the order it is shown to the
satisfaction of the court that the racketeering offense has occurred as
a
part of a pattern of racketeering activity.
g.
Payment to the state school fund of the state or county as appropriate
under
section 29-27-02.1 of an amount equal to the gain a person has acquired
or
maintained through an offense included in the definition of racketeering
if upon
application for the order it is shown to the satisfaction of the court
that the
racketeering offense has occurred as a part of a pattern of racketeering
activity.
5.
In addition to or in lieu of an action under this section the state may
file an action for
forfeiture to the state school fund of the state or county as
appropriate under section
29-27-02.1, to the extent not already ordered paid pursuant to this
section, of:
a.
Any interest acquired or maintained by a person in violation of section
12.1-06.1-02 or 12.1-06.1-03.
b.
Any interest in, security of, claims against, or property or contractual
right of
any kind affording a source of influence over any enterprise that a
person has
established, operated, controlled, conducted, or participated in the
conduct of in
violation of section 12.1-06.1-02 or 12.1-06.1-03.
c.
All proceeds traceable to an offense included in the definition of
racketeering
and all moneys, negotiable instruments, securities, and other things of
value
used or intended to be used to facilitate the commission of the offense
if upon
application for the order it is shown to the satisfaction of the court
that such
racketeering offense has occurred as a part of a pattern of racketeering
activity.
6.
A defendant convicted in any criminal proceeding shall be precluded from
subsequently denying the essential allegations of the criminal offense
of which he
was convicted in any civil proceeding. For purposes of this subsection,
a conviction
may result from a verdict or plea including a no contest plea.
7.
Notwithstanding any law to the contrary, the initiation of civil
proceedings related to
violations of any offense included in the definition of racketeering or
a violation of
section 12.1-06.1-02 or 12.1-06.1-03 must be commenced within seven
years of
actual discovery of the violation.
8.
This state may, in a civil action brought pursuant to this section, file
with the clerk of
the district court a certificate stating that the case is of special
public importance. A
copy of that certificate shall be furnished immediately by the clerk to
the presiding
judge of the district court in which the action is pending and, upon
receipt of the
copy, the judge shall immediately designate a judge to hear and
determine the
action.
The judge designated shall promptly assign the action for hearing,
participate in the hearings and determination, and cause the action to
be expedited.
9.
The standard of proof in actions brought pursuant to this section is the
preponderance of the evidence.
10.
A person other than the attorney general or state's attorney who files
an action under
this section shall serve notice and one copy of the pleading on the
attorney general
within thirty days after the action is filed with the district court.
The notice shall
identify the action, the person, and the person's attorney. Service of
the notice does
not limit or otherwise affect the right of the state to maintain an
action under this
section or intervene in a pending action nor does it authorize the
person to name the
state or the attorney general as a party to the action.
11.
Except in cases filed by a state's attorney, the attorney general may,
upon timely
application, intervene in any civil action or proceeding brought
pursuant to this
section if the attorney general certifies that in his opinion the action
is of special
public importance. Upon intervention, the attorney general may assert
any available
claim and is entitled to the same relief as if the attorney general had
instituted a
separate action.
12.
In addition to the state's right to intervene as a party in any action
under this section,
the attorney general may appear as amicus curiae in any proceeding in
which a
claim under this section has been asserted or in which a court is
interpreting any
provisions of this chapter.
13.
A civil action under this section is remedial and does not limit any
other civil or
criminal action. Civil remedies provided under this section are
supplemental and not
mutually exclusive.
12.1-06.1-06. Racketeering lien - Content - Filing - Notice - Effect.
1.
The state, upon filing a civil action under section 12.1-06.1-05 or upon
charging an
offense included in the definition of racketeering if the offense is
committed as a part
of a pattern of racketeering activity or a violation of section
12.1-06.1-02 or
12.1-06.1-03, may file a racketeering lien. A filing fee or other charge
is not required
for filing a racketeering lien.
2.
A racketeering lien shall be signed by the attorney general or the
state's attorney
representing the state in the action and set forth the following
information:
a.
The name of the defendant whose property, interests in property, or
other
interests are to be subject to the lien.
b.
In the discretion of the attorney general or state's attorney filing the
lien, any
aliases or fictitious names of the defendant named in the lien.
c.
If known to the attorney general or state's attorney filing the lien,
the present
residence or principal place of business of the person named in the
lien.
d.
A reference to the proceeding pursuant to which the lien is filed,
including the
name of the court, the title of the action, and the court's file number
for the
proceeding.
e.
The name and address of the attorney representing the state in the
proceeding
pursuant to which the lien is filed.
f.
A statement that the notice is being filed pursuant to this section.
g.
The amount which the state claims in the action or, with respect to
property or
other interests which the state has requested forfeiture to the state or
county, a
description of the property or interests sought to be paid or forfeited.
h.
If known to the attorney general or state's attorney filing the lien, a
description
of property which is subject to forfeiture to the state or property in
which the
defendant has an interest which is available to satisfy a judgment
entered in
favor of the state.
i.
Such other information as the attorney general or state's attorney
filing the lien
deems appropriate.
3.
The attorney general or the state's attorney filing the lien may amend a
lien filed
under this section at any time by filing an amended racketeering lien in
accordance
with this section which identifies the prior lien amended.
4.
The attorney general or the state's attorney filing the lien shall, as
soon as practical
after filing a racketeering lien, furnish to any person named in the
lien a notice of the
filing of the lien. Failure to furnish notice under this subsection does
not invalidate or
otherwise affect a racketeering lien filed in accordance with this
section.
5.
A racketeering lien is perfected against interests in personal property
by filing the
lien with the secretary of state, except that in the case of titled
motor vehicles it shall
be filed with the director of the department of transportation. A
racketeering lien is
perfected against interests in real property by filing the lien with the
county recorder
of the county in which the real property is located. The state may give
additional
notice of the lien.
6.
The filing of a racketeering lien in accordance with this section
creates a lien in favor
of the state in:
a.
Any interest of the defendant in real property situated in the county in
which the
lien is filed, then maintained or later acquired in the name of the
defendant
identified in the lien.
b.
Any interest of the defendant in personal property situated in this
state, then
maintained or later acquired in the name of the defendant identified in
the lien.
c.
Any property identified in the lien to the extent of the defendant's
interest in the
property.
7.
The filing of a racketeering lien under this section is notice to all
persons dealing with
the person or property identified in the lien of the state's claim. The
lien created in
favor of the state in accordance with this section is superior and prior
to the claims or
interests of any other person, except a person possessing:
a.
A valid lien perfected prior to the filing of the racketeering lien.
b.
In the case of real property, an interest acquired and recorded prior to
the filing
of the racketeering lien.
c.
In the case of personal property, an interest acquired prior to the
filing of the
racketeering lien.
8.
Upon entry of judgment in favor of the state, the state may proceed to
execute the
judgment as in the case of any other judgment, except that in order to
preserve the
state's lien priority as provided in this section the state shall, in
addition to notice as
Page No. 7
Page 8
required by law, give at least thirty days' notice of execution to any
person
possessing at the time notice is given, an interest recorded after the
date the state's
lien was perfected.
9.
Upon the entry of a final judgment in favor of the state providing for
forfeiture of
property to the state, the title of the state to the property:
a.
In the case of real property, or a beneficial interest in real property,
relates back
to the date of filing the racketeering lien with the county recorder of
the county
where the real property is located, or if no racketeering lien is filed,
then to the
date of recording of the final judgment with the county recorder of the
county
where the real property is located.
b.
In the case of personal property or a beneficial interest in personal
property,
relates back to the date the personal property was seized by the state,
or the
date of filing of a racketeering lien in accordance with this section,
whichever is
earlier, but if the property was not seized and no racketeering lien was
filed
then to the date the final judgment was filed with the secretary of
state, or in the
case of a titled motor vehicle, with the director of the department of
transportation.
10.
This section does not limit the right of the state to obtain any order
or injunction,
receivership, writ, attachment, garnishment, or other remedy authorized
under
section 12.1-06.1-05 or available under other applicable law.
12.1-06.1-07. Racketeering - Investigation of records -
Confidentiality - Court
enforcement - Classification.
1.
A custodian of the records of a financial institution shall, at no
expense to the
financial institution, produce for inspection or copying the records in
the custody of
the financial institution when requested to be inspected by the attorney
general or a
state's attorney authorized by the attorney general, if the person
requesting the
information signs and submits a sworn statement to the custodian that
the request is
made to investigate a pattern of racketeering activity or a violation of
section
12.1-06.1-02 or 12.1-06.1-03. Records may be removed from the premises
of the
financial institution only for the purpose of copying the records and
must be returned
within forty-eight hours. The attorney general or an authorized state's
attorney or
any peace officer designated by an authorized state's attorney or the
attorney
general may not use or release the information except in the proper
discharge of
official duties. The furnishing of records in compliance with this
section by a
custodian of records is a bar to civil or criminal liability against the
custodian or
financial institution in any action brought alleging violation of the
confidentiality of the
records. The fact that records have been obtained may not be released in
any way
by the financial institution until ninety days after the release.
2.
The attorney general or the authorized state's attorney may petition the
district court
for enforcement of this section upon noncompliance with the request for
inspection.
Enforcement must be granted if the request is reasonable and the
attorney general
or the authorized state's attorney has reasonable grounds to believe the
records
sought to be inspected are relevant to a civil or criminal investigation
of a pattern of
racketeering activity or a violation of section 12.1-06.1-02 or
12.1-06.1-03.
3.
The investigation authority granted pursuant to the provisions of this
section may not
be exercised by a state's attorney in the absence of authorization by
the attorney
general.
4.
Any person releasing information obtained pursuant to this section,
except in the
proper discharge of official duties, is guilty of a class B misdemeanor.
12.1-06.1-08. Computer fraud - Computer crime - Classification -
Penalty.
1.
A person commits computer fraud by gaining or attempting to gain access
to,
altering, damaging, modifying, copying, disclosing, taking possession
of, or
destroying any computer, computer system, computer network, or any part
of the
computer, system, or network, without authorization, and with the intent
to devise or
execute any scheme or artifice to defraud, deceive, prevent the
authorized use of, or
control property or services by means of false or fraudulent pretenses,
representations, or promises. A person who commits computer fraud is
guilty of a
class C felony.
2.
A person commits computer crime by intentionally and either in excess of
authorization given or without authorization gaining or attempting to
gain access to,
altering, damaging, modifying, copying, disclosing, taking possession
of, introducing
a computer contaminant into, destroying, or preventing the authorized
use of any
computer, computer system, or computer network, or any computer
software,
program, or data contained in the computer, computer system, or computer
network.
A person who commits computer crime is guilty of a class A misdemeanor.
3.
In addition to any other remedy available, the owner or lessee of a
computer,
computer system, computer network, or any part of the computer, computer
system,
or computer network may bring a civil action for damages, restitution,
and attorney's
fees for damages incurred as a result of the violation of this section.
Ohio
§ 2909.01. Definitions.
As used in sections 2909.01 to 2909.07 of the Revised Code:
(A) To "create a substantial risk of serious physical harm to any
person" includes the creation of a substantial risk of serious physical
harm to any emergency personnel.
(B) "Emergency personnel" means any of the following persons:
(1) A peace officer, as defined in section 2935.01 of the Revised Code;
(2) A member of a fire department or other firefighting agency of a
municipal corporation, township, township fire district, joint fire
district, other political subdivision, or combination of political
subdivisions;
(3) A member of a private fire company, as defined in section 9.60 of
the Revised Code, or a volunteer firefighter;
(4) A member of a joint ambulance district or joint emergency medical
services district;
(5) An emergency medical technician-basic, emergency medical
technician-intermediate, emergency medical technician-paramedic,
ambulance operator, or other member of an emergency medical service that
is owned or operated by a political subdivision or a private entity;
(6) The state fire marshal, the chief deputy state fire marshal, or an
assistant state fire marshal;
(7) A fire prevention officer of a political subdivision or an arson,
fire, or similar investigator of a political subdivision.
(C) "Occupied structure" means any house, building, outbuilding,
watercraft, aircraft, railroad car, truck, trailer, tent, or other
structure, vehicle, or shelter, or any portion thereof, to which any of
the following applies:
(1) It is maintained as a permanent or temporary dwelling, even though
it is temporarily unoccupied and whether or not any person is actually
present.
(2) At the time, it is occupied as the permanent or temporary habitation
of any person, whether or not any person is actually present.
(3) At the time, it is specially adapted for the overnight accommodation
of any person, whether or not any person is actually present.
(4) At the time, any person is present or likely to be present in it.
(D) "Political subdivision" and "state" have the same meanings as in
section 2744.01 of the Revised Code.
(E) "Computer," "computer hacking," "computer network," "computer
program," "computer software," "computer system," "data," and
"telecommunications device" have the same meanings as in section 2913.01
of the Revised Code.
(F) "Computer contaminant" means a computer program that is designed to
modify, damage, destroy, disable, deny or degrade access to, allow
unauthorized access to, functionally impair, record, or transmit
information within a computer, computer system, or computer network
without the express or implied consent of the owner or other person
authorized to give consent and that is of a type or kind described in
divisions (F)(1) to (4) of this section or of a type or kind similar to
a type or kind described in divisions (F)(1) to (4) of this section:
(1) A group of computer programs commonly known as "viruses" and "worms"
that are self-replicating or self-propagating and that are designed to
contaminate other computer programs, compromise computer security,
consume computer resources, modify, destroy, record, or transmit data,
or disrupt the normal operation of the computer, computer system, or
computer network;
(2) A group of computer programs commonly known as "Trojans" or "Trojan
horses" that are not self-replicating or self-propagating and that are
designed to compromise computer security, consume computer resources,
modify, destroy, record, or transmit data, or disrupt the normal
operation of the computer, computer system, or computer network;
(3) A group of computer programs commonly known as "zombies" that are
designed to use a computer without the knowledge and consent of the
owner, or other person authorized to give consent, and that are designed
to send large quantities of data to a targeted computer network for the
purpose of degrading the targeted computer's or network's performance,
or denying access through the network to the targeted computer or
network, resulting in what is commonly known as "Denial of Service" or
"Distributed Denial of Service" attacks;
(4) A group of computer programs commonly know as "trap doors," "back
doors," or "root kits" that are designed to bypass standard
authentication software and that are designed to allow access to or use
of a computer without the knowledge or consent of the owner, or other
person authorized to give consent.
(G) "Internet" has the same meaning as in section 341.42 of the Revised
Code.
HISTORY: 134 v H 511 (Eff 1-1-74); 144 v H 675 (Eff 3-19-93); 146 v S
150 (Eff 11-24-95); 147 v S 30 (Eff 5-6-98); 149 v S 115. Eff 3-19-2003;
150 v S 146, § 1, eff. 9-23-04.
Not analogous to former RC § 2909.01 (RS § 6863; S&S 56, 155, 162, 263,
284, 736; S&C 419, 420, 429, 430, 445, 446; 29 v 144; 43 v 92; 54 v 36;
54 v 99; 59 v 57; 60 v 20; 62 v 8; 62 v 72; 64 v 74; 64 v 128; 66 v 122;
66 v 341; 68 v 42; 68 v 87; 69 v 82; 70 v 215; 73 v 64; 73 v 94; 73 v
180; GC § 12477; Bureau of Code Revision, 10-1-53), repealed 134 v H
511, § 2, eff 1-1-74.
Effect of Amendments
150 v S 146, effective September 23, 2004, added (E) through (G).
19xx Committee Report or Comment.
1974 Committee Comment to H 511
This section supplies a definition of "occupied structure" for use not
only in connection with the arson offenses, but also for use elsewhere
in the new code, e.g., sections 2911.11 and 2911.12 (aggravated burglary
and burglary). The definition's general concept is that the actual or
likely presence of a person in a structure, regardless of the nature of
the structure itself, creates a more serious risk of harm from
commission of arson, burglary, and related offenses, and thus warrants
more severe treatment of offenders.
Under division (A) of the section, all dwellings are classed as occupied
structures, regardless of the actual presence of any person. Whether or
not the dwelling is used as a permanent or temporary home is immaterial,
so long as it is maintained for that purpose. Thus the definition
includes not only the mansion on Main Street, but also the summer
cottage, and the tin shack in the hobo jungle. It does not include an
abandoned dwelling. Division (B) complements division (A) by classing as
occupied any structure which is actually being used as a dwelling, even
though it is not maintained as such.
Under division (C), all structures which at the time are specially
adapted for overnight accommodation, are classed as occupied structures.
This includes the tent set up for shelter and sleeping, the steamer
which maintains passenger staterooms, and the cabin cruiser or houseboat
which at the time is made up for sleeping accommodations. The tent
camper rigged for an overnight stay is an occupied structure, but would
not come under the definition when collapsed for travel.
Division (D) classes as occupied all structures in which at the time any
person is present or likely to be present. This includes the otherwise
deserted warehouse in which a watchman is on the scene, and also
includes the retail store which is open for business but which is
momentarily empty because everyone has stepped out to watch a parade. In
the first case, someone is actually present. In the second case, someone
is likely to be present.
§ 2909.07. Criminal mischief.
(A) No person shall:
(1) Without privilege to do so, knowingly move, deface, damage, destroy,
or otherwise improperly tamper with the property of another;
(2) With purpose to interfere with the use or enjoyment of property of
another, employ a tear gas device, stink bomb, smoke generator, or other
device releasing a substance that is harmful or offensive to persons
exposed or that tends to cause public alarm;
(3) Without privilege to do so, knowingly move, deface, damage, destroy,
or otherwise improperly tamper with a bench mark, triangulation station,
boundary marker, or other survey station, monument, or marker;
(4) Without privilege to do so, knowingly move, deface, damage, destroy,
or otherwise improperly tamper with any safety device, the property of
another, or the property of the offender when required or placed for the
safety of others, so as to destroy or diminish its effectiveness or
availability for its intended purpose;
(5) With purpose to interfere with the use or enjoyment of the property
of another, set a fire on the land of another or place personal property
that has been set on fire on the land of another, which fire or personal
property is outside and apart from any building, other structure, or
personal property that is on that land;
(6) Without privilege to do so, and with intent to impair the
functioning of any computer, computer system, computer network, computer
software, or computer program, knowingly do any of the following:
(a) In any manner or by any means, including, but not limited to,
computer hacking, alter, damage, destroy, or modify a computer, computer
system, computer network, computer software, or computer program or data
contained in a computer, computer system, computer network, computer
software, or computer program;
(b) Introduce a computer contaminant into a computer, computer system,
computer network, computer software, or computer program.
(B) As used in this section, "safety device" means any fire
extinguisher, fire hose, or fire axe, or any fire escape, emergency
exit, or emergency escape equipment, or any life line, life-saving ring,
life preserver, or life boat or raft, or any alarm, light, flare,
signal, sign, or notice intended to warn of danger or emergency, or
intended for other safety purposes, or any guard railing or safety
barricade, or any traffic sign or signal, or any railroad grade crossing
sign, signal, or gate, or any first aid or survival equipment, or any
other device, apparatus, or equipment intended for protecting or
preserving the safety of persons or property.
(C) (1) Whoever violates this section is guilty of criminal mischief,
and shall be punished as provided in division (C)(2) or (3) of this
section.
(2) Except as otherwise provided in this division, criminal mischief
committed in violation of division (A)(1), (2), (3), (4), or (5) of this
section is a misdemeanor of the third degree. Except as otherwise
provided in this division, if the violation of division (A)(1), (2),
(3), (4), or (5) of this section creates a risk of physical harm to any
person, criminal mischief committed in violation of division (A)(1),
(2), (3), (4), or (5) of this section is a misdemeanor of the first
degree. If the property involved in the violation of division (A)(1),
(2), (3), (4), or (5) of this section is an aircraft, an aircraft
engine, propeller, appliance, spare part, fuel, lubricant, hydraulic
fluid, any other equipment, implement, or material used or intended to
be used in the operation of an aircraft, or any cargo carried or
intended to be carried in an aircraft, criminal mischief committed in
violation of division (A)(1), (2), (3), (4), or (5) of this section is
one of the following:
(a) If the violation creates a risk of physical harm to any person,
except as otherwise provided in division (C)(2)(b) of this section,
criminal mischief committed in violation of division (A)(1), (2), (3),
(4), or (5) of this section is a felony of the fifth degree.
(b) If the violation creates a substantial risk of physical harm to any
person or if the property involved in a violation of this section is an
occupied aircraft, criminal mischief committed in violation of division
(A)(1), (2), (3), (4), or (5) of this section is a felony of the fourth
degree.
(3) Except as otherwise provided in this division, criminal mischief
committed in violation of division (A)(6) of this section is a
misdemeanor of the first degree. Except as otherwise provided in this
division, if the value of the computer, computer system, computer
network, computer software, computer program, or data involved in the
violation of division (A)(6) of this section or the loss to the victim
resulting from the violation is one thousand dollars or more and less
than ten thousand dollars, or if the computer, computer system, computer
network, computer software, computer program, or data involved in the
violation of division (A)(6) of this section is used or intended to be
used in the operation of an aircraft and the violation creates a risk of
physical harm to any person, criminal mischief committed in violation of
division (A)(6) of this section is a felony of the fifth degree. If the
value of the computer, computer system, computer network, computer
software, computer program, or data involved in the violation of
division (A)(6) of this section or the loss to the victim resulting from
the violation is ten thousand dollars or more, or if the computer,
computer system, computer network, computer software, computer program,
or data involved in the violation of division (A)(6) of this section is
used or intended to be used in the operation of an aircraft and the
violation creates a substantial risk of physical harm to any person or
the aircraft in question is an occupied aircraft, criminal mischief
committed in violation of division (A)(6) of this section is a felony of
the fourth degree.
HISTORY: 134 v H 511 (Eff 1-1-74); 135 v H 89 (Eff 1-1-74); 140 v H 570
(Eff 3-28-85); 141 v S 316 (Eff 3-19-87); 146 v S 2. Eff 7-1-96; 150 v S
146, § 1, eff. 9-23-04.
Analogous to former RC § 2909.07 (RS § 6866; 69 v 81; GC § 12481; Bureau
of Code Revision, 10-1-53), repealed 134 v H 511, § 2, eff 1-1-74.
The effective date is set by section 6 of SB 2.
Effect of Amendments
150 v S 146, effective September 23, 2004, added (A)(6) and made related
changes; and rewrote (C).
19xx Committee Report or Comment.
1974 Committee Comment to H 511
This section provides a comprehensive prohibition against any
unprivileged, unjustified, and unauthorized act of knowingly tampering
with another's property. Also, the section replaces a former section
forbidding the use of stink bombs, as well as former separate sections
dealing with damaging survey marks.
Criminal mischief is a misdemeanor of the third degree. If violation
creates a risk of harm to any person, the offense is a misdemeanor of
the first degree.
§ 2913.01. Definitions.
As used in this chapter, unless the context requires that a term be
given a different meaning:
(A) "Deception" means knowingly deceiving another or causing another to
be deceived by any false or misleading representation, by withholding
information, by preventing another from acquiring information, or by any
other conduct, act, or omission that creates, confirms, or perpetuates a
false impression in another, including a false impression as to law,
value, state of mind, or other objective or subjective fact.
(B) "Defraud" means to knowingly obtain, by deception, some benefit for
oneself or another, or to knowingly cause, by deception, some detriment
to another.
(C) "Deprive" means to do any of the following:
(1) Withhold property of another permanently, or for a period that
appropriates a substantial portion of its value or use, or with purpose
to restore it only upon payment of a reward or other consideration;
(2) Dispose of property so as to make it unlikely that the owner will
recover it;
(3) Accept, use, or appropriate money, property, or services, with
purpose not to give proper consideration in return for the money,
property, or services, and without reasonable justification or excuse
for not giving proper consideration.
(D) "Owner" means, unless the context requires a different meaning, any
person, other than the actor, who is the owner of, who has possession or
control of, or who has any license or interest in property or services,
even though the ownership, possession, control, license, or interest is
unlawful.
(E) "Services" include labor, personal services, professional services,
public utility services including wireless service as defined in
division (F)(1) of section 4931.40 of the Revised Code, common carrier
services, and food, drink, transportation, entertainment, and cable
television services and, for purposes of section 2913.04 of the Revised
Code, include cable services as defined in that section.
(F) "Writing" means any computer software, document, letter, memorandum,
note, paper, plate, data, film, or other thing having in or upon it any
written, typewritten, or printed matter, and any token, stamp, seal,
credit card, badge, trademark, label, or other symbol of value, right,
privilege, license, or identification.
(G) "Forge" means to fabricate or create, in whole or in part and by any
means, any spurious writing, or to make, execute, alter, complete,
reproduce, or otherwise purport to authenticate any writing, when the
writing in fact is not authenticated by that conduct.
(H) "Utter" means to issue, publish, transfer, use, put or send into
circulation, deliver, or display.
(I) "Coin machine" means any mechanical or electronic device designed to
do both of the following:
(1) Receive a coin, bill, or token made for that purpose;
(2) In return for the insertion or deposit of a coin, bill, or token,
automatically dispense property, provide a service, or grant a license.
(J) "Slug" means an object that, by virtue of its size, shape,
composition, or other quality, is capable of being inserted or deposited
in a coin machine as an improper substitute for a genuine coin, bill, or
token made for that purpose.
(K) "Theft offense" means any of the following:
(1) A violation of section 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,
2911.31, 2911.32, 2913.02, 2913.03, 2913.04, 2913.041 [2913.04.1],
2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34,
2913.40, 2913.42, 2913.43, 2913.44, 2913.45, 2913.47, former section
2913.47 or 2913.48, or section 2913.51, 2915.05, or 2921.41 of the
Revised Code;
(2) A violation of an existing or former municipal ordinance or law of
this or any other state, or of the United States, substantially
equivalent to any section listed in division (K)(1) of this section or a
violation of section 2913.41, 2913.81, or 2915.06 of the Revised Code as
it existed prior to July 1, 1996;
(3) An offense under an existing or former municipal ordinance or law of
this or any other state, or of the United States, involving robbery,
burglary, breaking and entering, theft, embezzlement, wrongful
conversion, forgery, counterfeiting, deceit, or fraud;
(4) A conspiracy or attempt to commit, or complicity in committing, any
offense under division (K)(1), (2), or (3) of this section.
(L) "Computer services" includes, but is not limited to, the use of a
computer system, computer network, computer program, data that is
prepared for computer use, or data that is contained within a computer
system or computer network.
(M) "Computer" means an electronic device that performs logical,
arithmetic, and memory functions by the manipulation of electronic or
magnetic impulses. "Computer" includes, but is not limited to, all
input, output, processing, storage, computer program, or communication
facilities that are connected, or related, in a computer system or
network to an electronic device of that nature.
(N) "Computer system" means a computer and related devices, whether
connected or unconnected, including, but not limited to, data input,
output, and storage devices, data communications links, and computer
programs and data that make the system capable of performing specified
special purpose data processing tasks.
(O) "Computer network" means a set of related and remotely connected
computers and communication facilities that includes more than one
computer system that has the capability to transmit among the connected
computers and communication facilities through the use of computer
facilities.
(P) "Computer program" means an ordered set of data representing coded
instructions or statements that, when executed by a computer, cause the
computer to process data.
(Q) "Computer software" means computer programs, procedures, and other
documentation associated with the operation of a computer system.
(R) "Data" means a representation of information, knowledge, facts,
concepts, or instructions that are being or have been prepared in a
formalized manner and that are intended for use in a computer, computer
system, or computer network. For purposes of section 2913.47 of the
Revised Code, "data" has the additional meaning set forth in division
(A) of that section.
(S) "Cable television service" means any services provided by or through
the facilities of any cable television system or other similar closed
circuit coaxial cable communications system, or any microwave or similar
transmission service used in connection with any cable television system
or other similar closed circuit coaxial cable communications system.
(T) "Gain access" means to approach, instruct, communicate with, store
data in, retrieve data from, or otherwise make use of any resources of a
computer, computer system, or computer network, or any cable service or
cable system both as defined in section 2913.04 of the Revised Code.
(U) "Credit card" includes, but is not limited to, a card, code, device,
or other means of access to a customer's account for the purpose of
obtaining money, property, labor, or services on credit, or for
initiating an electronic fund transfer at a point-of-sale terminal, an
automated teller machine, or a cash dispensing machine. It also includes
a county procurement card issued under section 301.29 of the Revised
Code.
(V) "Electronic fund transfer" has the same meaning as in 92 Stat. 3728,
15 U.S.C.A. 1693a, as amended.
(W) "Rented property" means personal property in which the right of
possession and use of the property is for a short and possibly
indeterminate term in return for consideration; the rentee generally
controls the duration of possession of the property, within any
applicable minimum or maximum term; and the amount of consideration
generally is determined by the duration of possession of the property.
(X) "Telecommunication" means the origination, emission, dissemination,
transmission, or reception of data, images, signals, sounds, or other
intelligence or equivalence of intelligence of any nature over any
communications system by any method, including, but not limited to, a
fiber optic, electronic, magnetic, optical, digital, or analog method.
(Y) "Telecommunications device" means any instrument, equipment,
machine, or other device that facilitates telecommunication, including,
but not limited to, a computer, computer network, computer chip,
computer circuit, scanner, telephone, cellular telephone, pager,
personal communications device, transponder, receiver, radio, modem, or
device that enables the use of a modem.
(Z) "Telecommunications service" means the providing, allowing,
facilitating, or generating of any form of telecommunication through the
use of a telecommunications device over a telecommunications system.
(AA) "Counterfeit telecommunications device" means a telecommunications
device that, alone or with another telecommunications device, has been
altered, constructed, manufactured, or programmed to acquire, intercept,
receive, or otherwise facilitate the use of a telecommunications service
or information service without the authority or consent of the provider
of the telecommunications service or information service. "Counterfeit
telecommunications device" includes, but is not limited to, a clone
telephone, clone microchip, tumbler telephone, or tumbler microchip; a
wireless scanning device capable of acquiring, intercepting, receiving,
or otherwise facilitating the use of telecommunications service or
information service without immediate detection; or a device, equipment,
hardware, or software designed for, or capable of, altering or changing
the electronic serial number in a wireless telephone.
(BB) (1) "Information service" means, subject to division (BB)(2) of
this section, the offering of a capability for generating, acquiring,
storing, transforming, processing, retrieving, utilizing, or making
available information via telecommunications, including, but not limited
to, electronic publishing.
(2) "Information service" does not include any use of a capability of a
type described in division (BB)(1) of this section for the management,
control, or operation of a telecommunications system or the management
of a telecommunications service.
(CC) "Elderly person" means a person who is sixty-five years of age or
older.
(DD) "Disabled adult" means a person who is eighteen years of age or
older and has some impairment of body or mind that makes the person
unable to work at any substantially remunerative employment that the
person otherwise would be able to perform and that will, with reasonable
probability, continue for a period of at least twelve months without any
present indication of recovery from the impairment, or who is eighteen
years of age or older and has been certified as permanently and totally
disabled by an agency of this state or the United States that has the
function of so classifying persons.
(EE) "Firearm" and "dangerous ordnance" have the same meanings as in
section 2923.11 of the Revised Code.
(FF) "Motor vehicle" has the same meaning as in section 4501.01 of the
Revised Code.
(GG) "Dangerous drug" has the same meaning as in section 4729.01 of the
Revised Code.
(HH) "Drug abuse offense" has the same meaning as in section 2925.01 of
the Revised Code.
(II) (1) "Computer hacking" means any of the following:
(a) Gaining access or attempting to gain access to all or part of a
computer, computer system, or a computer network without express or
implied authorization with the intent to defraud or with intent to
commit a crime;
(b) Misusing computer or network services including, but not limited to,
mail transfer programs, file transfer programs, proxy servers, and web
servers by performing functions not authorized by the owner of the
computer, computer system, or computer network or other person
authorized to give consent. As used in this division, "misuse of
computer and network services" includes, but is not limited to, the
unauthorized use of any of the following:
(i) Mail transfer programs to send mail to persons other than the
authorized users of that computer or computer network;
(ii) File transfer program proxy services or proxy servers to access
other computers, computer systems, or computer networks;
(iii) Web servers to redirect users to other web pages or web servers.
(c) (i) Subject to division (II)(1)(c)(ii) of this section, using a
group of computer programs commonly known as "port scanners" or "probes"
to intentionally access any computer, computer system, or computer
network without the permission of the owner of the computer, computer
system, or computer network or other person authorized to give consent.
The group of computer programs referred to in this division includes,
but is not limited to, those computer programs that use a computer
network to access a computer, computer system, or another computer
network to determine any of the following: the presence or types of
computers or computer systems on a network; the computer network's
facilities and capabilities; the availability of computer or network
services; the presence or versions of computer software including, but
not limited to, operating systems, computer services, or computer
contaminants; the presence of a known computer software deficiency that
can be used to gain unauthorized access to a computer, computer system,
or computer network; or any other information about a computer, computer
system, or computer network not necessary for the normal and lawful
operation of the computer initiating the access.
(ii) The group of computer programs referred to in division (II)(1)(c)(i)
of this section does not include standard computer software used for the
normal operation, administration, management, and test of a computer,
computer system, or computer network including, but not limited to,
domain name services, mail transfer services, and other operating system
services, computer programs commonly called "ping," "tcpdump," and "traceroute"
and other network monitoring and management computer software, and
computer programs commonly known as "nslookup" and "whois" and other
systems administration computer software.
(d) The intentional use of a computer, computer system, or a computer
network in a manner that exceeds any right or permission granted by the
owner of the computer, computer system, or computer network or other
person authorized to give consent.
(2) "Computer hacking" does not include the introduction of a computer
contaminant, as defined in section 2909.02 of the Revised Code, into a
computer, computer system, computer program, or computer network.
(JJ) "Police dog or horse" has the same meaning as in section 2921.321
[2921.32.1] of the Revised Code.
(KK) "Anhydrous ammonia" is a compound formed by the combination of two
gaseous elements, nitrogen and hydrogen, in the manner described in this
division. Anhydrous ammonia is one part nitrogen to three parts hydrogen
(NH3). Anhydrous ammonia by weight is fourteen parts nitrogen to three
parts hydrogen, which is approximately eighty-two per cent nitrogen to
eighteen per cent hydrogen.
(LL) "Assistance dog" has the same meaning as in section 955.011
[955.01.1] of the Revised Code.
HISTORY: 134 v H 511 (Eff 1-1-74); 139 v H 437 (Eff 7-21-82); 140 v H 97
(Eff 3-20-84); 140 v S 183 (Eff 9-26-84); 141 v H 340 (Eff 5-20-86); 141
v H 49 (Eff 6-26-86); 142 v H 182 (Eff 7-7-87); 143 v H 347 (Eff
7-18-90); 146 v S 2 (Eff 7-1-96); 146 v S 277 (Eff 3-31-97); 147 v H 565
(Eff 3-30-99); 148 v H 2 (Eff 11-10-99); 149 v H 327. Eff 7-8-2002; 150
v S 82, § 1, eff. 2-12-04; 150 v S 146, § 1, eff. 9-23-04; 150 v H 369,
§ 1, eff. 11-26-04; 150 v H 536, § 1, eff. 4-15-05; 150 v H 361, § 1,
eff. 5-6-05; 151 v H 530, § 101.01, eff. 6-30-06.
The effective date is set by § 812.03 of 151 v H 530.
The provisions of § 831.03 of 151 v H 530 read in part as follows:
SECTION 831.03. The General Assembly, applying the principle stated in
division (B) of section 1.52 of the Revised Code that amendments are to
be harmonized if reasonably capable of simultaneous operation, finds
that the following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions of
the sections in effect prior to the effective date of the sections as
presented in this act:
* * *
Section 2913.01 of the Revised Code as amended by Am. Sub. H.B. 361, Am.
Sub. H.B. 369, Sub. H.B. 536, and Am. Sub. S.B. 146, all of the 125th
General Assembly.
* * *
The finding in this section takes effect at the same time as the section
referenced in the finding takes effect.
The provisions of § 3 of H.B. 536 (150 v - ) read as follows:
SECTION 3. Section 2913.01 of the Revised Code is presented in this act
as a composite of the section as amended by both Am. Sub. H.B. 369 and
Am. Sub. S.B. 146 of the 125th General Assembly. The General Assembly,
applying the principle stated in division (B) of section 1.52 of the
Revised Code that amendments are to be harmonized if reasonably capable
of simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of the
section as presented in this act.
Not analogous to former RC § 2913.01 (RS § 7091; S&S 264; S&C 409; 73 v
59; GC § 13083; 101 v 206; Bureau of Code Revision, 10-1-53), repealed
134 v H 511, § 2, eff 1-1-74.
Effect of Amendments
151 v H 530, effective June 30, 2006, in (JJ), substituted "has the same
meaning" for "and 'service dog' have the same meanings"; and added (LL).
150 v H 361, effective May 6, 2005, in (E), inserted "including wireless
service as defined in division (F)(1) of section 4931.40 of the Revised
Code".
150 v H 536, effective April 15, 2005, added (KK).
150 v H 369, effective November 26, 2004, in (DD), substituted "unable"
for "unfit"; and added the second (II).
150 v S 146, effective September 23, 2004, added (II).
S.B. 82, Acts 2003, effective February 12, 2004, added the last sentence
to (U).
19xx Committee Report or Comment.
1974 Committee Comment to H 511
This section is designed to codify and clarify, with some modifications,
a variety of terms essential to defining theft, fraud, and forgery
offenses, so as to permit coverage of these offenses in a manageable
number of sections. Formerly, most of these terms were found only in the
case law.
The definition of "deception" adopts a broad concept of deceit, framed
in terms not only of acts or omissions but also of results. The essence
of deception is an act or omission which the actor is consciously aware
creates or perpetuates a false impression in another. If the act
involved is a representation, it need not be totally false - it may
merely be misleading. In addition, the acts of withholding, or
preventing another from getting information are specifically included in
the definition. Thus, a person need not actually make a representation
to practice deception. It is enough if he merely prevents another, by
whatever means, from learning the true facts, and thereby knowingly
deceives him.
"Defraud" is defined in more comprehensive terms than former law, by
including the practice of deception to obtain a benefit, as well as to
cause some detriment to another. Some former offenses containing an
element of fraud were theoretically limited to causing some detriment to
another. See, e.g., Griffith v. State, 93 Ohio St. 294, 112 N.E. 1017
(1915). In the context of theft, fraud, and forgery offenses, however,
the detriment to the victim invariably involves a corresponding benefit
to the offender or another.
The section codifies, in some detail, the former concept of "deprive."
An essential element of larceny is a purpose to permanently deprive the
owner of his property. The deprivation need not, strictly speaking, be
permanent. For example, it is larceny if property is taken without the
owner's consent, and then sold back to him, or taken with intent to keep
it until he offers a reward for its return. Berry v. State, 31 Ohio St.
219, 27 Am. Rep. 506 (1877). The definition of "deprive" in this section
is also broadened to include a temporary deprivation of property
resulting in some substantial loss to the owner. Also, the new
definition includes the use or appropriation of property or services
with a specific purpose not to properly pay for it. This brings theft of
services within the purview of the general theft section, thus obviating
the necessity of defining several offenses.
"Owner" is defined so as to retain the concept that a thief can steal
stolen property from a thief. Stanley v. State, 24 Ohio St. 166, 15 Am.
Rep. 604 (1873). The gist of theft is a wrongful taking rather than a
particular ownership, and it is sufficient that a thief knows that
property or services are not his to take. State v. Shoemaker, 96 Ohio
St. 570, 117 N.E. 958 (1917).
The definition of "services" is intended to be restrictive rather than
comprehensive, and includes only labor, personal or professional
services, public utility and common carrier services, food and drink,
transportation, and entertainment. Services such as the rental of
property, housing, or accommodations are not included, and certain
offenses involving these are the subject of special statutes in Chapter
2913.
"Writing" includes the written or printed word, which codifies the
former meaning. State v. Healey , 156 Ohio St. 229, 46 O.O. 110, 102
N.E.2d 233 (1951); see, also, section 1.02(D) of the Revised Code. The
definition of "writing" is expanded in this section to include things
not ordinarily considered documents or instruments, but which are
nevertheless the frequent subject of forgery and counterfeiting, such as
ID cards and credit cards.
The definition of "forge" is, in effect, a shorthand term for a variety
of acts of falsification or fabrication formerly the subject of separate
statutes and definitions.
"Utter" is defined to include its former meaning, i.e., a presentation,
display, or assertion, by words or deeds, that a spurious thing is
genuine. Ballentine's Law Dictionary (2nd ed.). The new definition also
includes publication, sale, or other transfer, which under former Ohio
law were separate acts. Vanvalkenburg v. Ohio , 11 Ohio 404Ohio (1842).
The definitions of "slug" and "coin machine" are updated to reflect
modern technology. Former statutes dealing with these contemplated only
the use of legal coin. Even at the time such statutes were adopted,
however, many "coin" machines were designed to operate on tokens, such
as rapid-transit turnstiles. Now, modern devices even permit the use of
bills. The new definition includes all of these devices.
"Theft offense" is broadly defined to include not only a series of
specific offenses contained in the new code, but also to include any
felony or misdemeanor, under state or federal law or municipal
ordinance, of which robbery, burglary, breaking and entering, theft,
conversion, embezzlement, fraud, forgery, counterfeiting, or similar act
is an element, as well as conspiracy, attempt, or complicity with
respect to any such offense. The definition has special application to
the classification, disposition, and treatment of offenders under the
new code, which generally permits wide flexibility with respect to first
offenders but deals severely with repeaters. Former practice was to view
as repeat offenses only those in which there had been a prior conviction
of the specific offense. This was viewed as unduly restrictive because a
persistent thief doesn't necessarily limit himself to a specific type of
theft.
[§ 2913.04.1] § 2913.041. Possession or sale of unauthorized cable
television device.
(A) No person shall knowingly possess any device, including any
instrument, apparatus, computer chip, equipment, decoder, descrambler,
converter, software, or other device specially adapted, modified, or
remanufactured for gaining access to cable television service, without
securing authorization from or paying the required compensation to the
owner or operator of the system that provides the cable television
service.
(B) No person shall knowingly sell, distribute, or manufacture any
device, including any instrument, apparatus, computer chip, equipment,
decoder, descrambler, converter, software, or other device specially
adapted, modified, or remanufactured for gaining access to cable
television service, without securing authorization from or paying the
required compensation to the owner or operator of the system that
provides the cable television service.
(C) Whoever violates division (A) of this section is guilty of
possession of an unauthorized device, a felony of the fifth degree.
Whoever violates division (B) of this section is guilty of sale of an
unauthorized device, a felony of the fourth degree.
(D) A person commits a separate violation of this section with regard to
each device that is sold, distributed, manufactured, or possessed in
violation of division (A) or (B) of this section.
HISTORY: 146 v S 2. Eff 7-1-96.
Oklahoma
§21-1951.
This act shall be known and may be cited as the "Oklahoma Computer
Crimes Act".
§21-1952.
As used in the Oklahoma Computer Crimes Act:
1. "Access" means to approach, gain entry to, instruct, communicate
with, store data in, retrieve data from or otherwise use the logical,
arithmetical, memory or other resources of a computer, computer system
or computer network;
2. "Computer" means an electronic device which performs work using
programmed instruction having one or more of the capabilities of
storage, logic, arithmetic or communication. The term includes input,
output, processing, storage, software and communication facilities
which are connected or related to a device in a system or network;
3. "Computer network" means the interconnection of terminals by
communication modes with a computer, or a complex consisting of two or
more interconnected computers;
4. "Computer program" means a set or series of instructions or
statements and related data which when executed in actual or modified
form directs or is intended to direct the functioning of a computer
system in a manner designed to perform certain operations;
5. "Computer software" means one or more computer programs, procedures
and associated documentation used in the operation of a computer
system;
6. "Computer system" means a set of related, connected or unconnected,
computer equipment, devices including support devices, one or more of
which contain computer programs, electronic instructions, input data,
and output data, that performs functions including, but not limited
to, logic, arithmetic, data storage and retrieval, communication, and
control and software. "Computer system" does not include calculators
which are not programmable and are not capable of being connected to
or used to access other computers, computer networks, computer systems
or support devices;
7. "Data" means a representation of information, knowledge, facts,
concepts, computer software, computer programs or instructions. Data
may be in any form, in storage media, or as stored in the memory of
the computer or in transit or presented on a display device;
8. "Property" means any tangible or intangible item of value and
includes, but is not limited to, financial instruments, geophysical
data or the interpretation of that data, information, computer
software, computer programs, electronically-produced data and
computer-produced or stored data, supporting documentation, computer
software in either machine or human readable form, electronic
impulses, confidential, copyrighted or proprietary information,
private identification codes or numbers which permit access to a
computer by authorized computer users or generate billings to
consumers for purchase of goods and services, including but not
limited to credit card transactions and telecommunications services or
permit electronic fund transfers and any other tangible or intangible
item of value;
9. "Services" includes, but is not limited to, computer time, data
processing and storage functions and other uses of a computer,
computer system or computer network to perform useful work;
10. "Supporting documentation" includes, but is not limited to, all
documentation in any form used in the construction, design,
classification, implementation, use or modification of computer
software, computer programs or data; and
11. "Victim expenditure" means any expenditure reasonably and
necessarily incurred by the owner or lessee to verify that a computer
system, computer network, computer program or data was or was not
altered, deleted, disrupted, damaged or destroyed by the access.
§21-1953.
A. It shall be unlawful to:
1. Willfully, and without authorization, gain or attempt to gain
access to and damage, modify, alter, delete, destroy, copy, make use
of, disclose or take possession of a computer, computer system,
computer network or any other property.
2. Use a computer, computer system, computer network or any other
property as hereinbefore defined for the purpose of devising or
executing a scheme or artifice with the intent to defraud, deceive,
extort or for the purpose of controlling or obtaining money, property,
services or other thing of value by means of a false or fraudulent
pretense or representation.
3. Willfully exceed the limits of authorization and damage, modify,
alter, destroy, copy, delete, disclose or take possession of a
computer, computer system, computer network or any other property. 4.
Willfully and without authorization, gain or attempt to gain access to
a computer, computer system, computer network or any other property.
5. Willfully and without authorization use or cause to be used
computer services.
6. Willfully and without authorization disrupt or cause the disruption
of computer services or deny or cause the denial of access or other
computer services to an authorized user of a computer, computer system
or computer network.
7. Willfully and without authorization provide or assist in providing
a means of accessing a computer, computer system or computer network
in violation of this section.
B. Any person convicted of violating paragraph 1, 2, 3, 6 or 7 of
subsection A of this section shall be guilty of a felony.
C. Any person convicted of violating paragraph 4 or 5 of subsection A
of this section shall be guilty of a misdemeanor.
§21-1954.
Proof that any person has accessed, damaged, disrupted, deleted,
modified, altered, destroyed, caused to be accessed, copied, disclosed
or taken possession of a computer, computer system, computer network
or any other property, or has attempted to perform any of these
enumerated acts without authorization or exceeding the limits of
authorization, shall be prima facie evidence of the willful violation
of the Oklahoma Computer Crimes Act.
§21-1955.
A. Upon conviction of a felony under the provisions of the Oklahoma
Computer Crimes Act, punishment shall be by a fine of not less than
Five Thousand Dollars ($5,000.00) and not more than One Hundred
Thousand Dollars ($100,000.00), or by confinement in the State
Penitentiary for a term of not more than ten (10) years, or by both
such fine and imprisonment.
B. Upon conviction of a misdemeanor under the provisions of the
Oklahoma Computer Crimes Act, punishment shall be by a fine of not
more than Five Thousand Dollars ($5,000.00), or by imprisonment in the
county jail not to exceed thirty (30) days, or by both such fine and
imprisonment.
C. In addition to any other civil remedy available, the owner or
lessee of the computer, computer system, computer network, computer
program or data may bring a civil action against any person convicted
of a violation of the Oklahoma Computer Crimes Act for compensatory
damages, including any victim expenditure reasonably and necessarily
incurred by the owner or lessee to verify that a computer system,
computer network, computer program or data was or was not altered,
damaged, deleted, disrupted or destroyed by the access. In any action
brought pursuant to this subsection the court may award reasonable
attorneys fees to the prevailing party.
§21-1957.
For purposes of bringing a civil or a criminal action under the
Oklahoma Computer Crimes Act, a person who causes, by any means, the
access of a computer, computer system or computer network in one
jurisdiction from another jurisdiction is deemed to have personally
accessed the computer, computer system or computer network in each
jurisdiction.
§21-1958.
No person shall communicate with, store data in, or retrieve data from
a computer system or computer network for the purpose of using such
access to violate any of the provisions of the Oklahoma Statutes.
Any person convicted of violating the provisions of this section shall
be guilty of a felony punishable by imprisonment in the State
Penitentiary for a term of not more than five (5) years, or by a fine
of not more than Five Thousand Dollars ($5,000.00), or by both such
imprisonment and fine.
Oregon
164.377 Computer crime. (1) As used in this section:
(a) To "access" means to instruct, communicate with, store data in,
retrieve data from or otherwise make use of any resources of a computer,
computer system or computer network.
(b) "Computer" means, but is not limited to, an electronic, magnetic,
optical electrochemical or other high-speed data processing device that
performs logical, arithmetic or memory functions by the manipulations of
electronic, magnetic or optical signals or impulses, and includes the
components of a computer and all input, output, processing, storage,
software or communication facilities that are connected or related to
such a device in a system or network.
(c) "Computer network" means, but is not limited to, the interconnection
of communication lines, including microwave or other means of electronic
communication, with a computer through remote terminals or a complex
consisting of two or more interconnected computers.
(d) "Computer program" means, but is not limited to, a series of
instructions or statements, in a form acceptable to a computer, which
permits the functioning of a computer system in a manner designed to
provide appropriate products from or usage of such computer system.
(e) "Computer software" means, but is not limited to, computer programs,
procedures and associated documentation concerned with the operation of
a computer system.
(f) "Computer system" means, but is not limited to, a set of related,
connected or unconnected, computer equipment, devices and software.
"Computer system" also includes any computer, device or software owned
or operated by the Oregon State Lottery or rented, owned or operated by
another person or entity under contract to or at the direction of the
Oregon State Lottery.
(g) "Data" means a representation of information, knowledge, facts,
concepts, computer software, computer programs or instructions. "Data"
may be in any form, in storage media, or as stored in the memory of the
computer, or in transit, or presented on a display device. "Data"
includes, but is not limited to, computer or human readable forms of
numbers, text, stored voice, graphics and images.
(h) "Property" includes, but is not limited to, financial instruments,
information, including electronically produced data, and computer
software and programs in either computer or human readable form,
intellectual property and any other tangible or intangible item of
value.
(i) "Proprietary information" includes any scientific, technical or
commercial information including any design, process, procedure, list of
customers, list of suppliers, customers' records or business code or
improvement thereof that is known only to limited individuals within an
organization and is used in a business that the organization conducts.
The information must have actual or potential commercial value and give
the user of the information an opportunity to obtain a business
advantage over competitors who do not know or use the information.
(j) "Services" include, but are not limited to, computer time, data
processing and storage functions.
(2) Any person commits computer crime who knowingly accesses, attempts
to access or uses, or attempts to use, any computer, computer system,
computer network or any part thereof for the purpose of:
(a) Devising or executing any scheme or artifice to defraud;
(b) Obtaining money, property or services by means of false or
fraudulent pretenses, representations or promises; or
(c) Committing theft, including, but not limited to, theft of
proprietary information.
(3) Any person who knowingly and without authorization alters, damages
or destroys any computer, computer system, computer network, or any
computer software, program, documentation or data contained in such
computer, computer system or computer network, commits computer crime.
(4) Any person who knowingly and without authorization uses, accesses or
attempts to access any computer, computer system, computer network, or
any computer software, program, documentation or data contained in such
computer, computer system or computer network, commits computer crime.
(5)(a) A violation of the provisions of subsection (2) or (3) of this
section shall be a Class C felony. Except as provided in paragraph (b)
of this subsection, a violation of the provisions of subsection (4) of
this section shall be a Class A misdemeanor.
(b) Any violation of this section relating to a computer, computer
network, computer program, computer software, computer system or data
owned or operated by the Oregon State Lottery or rented, owned or
operated by another person or entity under contract to or at the
direction of the Oregon State Lottery Commission shall be a Class C
felony. [1985 c.537 §8; 1989 c.737 §1; 1991 c.962 §17; 2001 c.870 §18]
164.380 [Repealed by 1971 c.743 §432]
Pennsylvania
CHAPTER 39. THEFT AND RELATED OFFENSES
§ 3933. Unlawful use of computer.
(a) Offense defined.--A person commits the offense of unlawful use of a
computer if he, whether in person, electronically or through the
intentional distribution of a computer virus:
1. accesses, exceeds authorization to access, alters, damages or
destroys any computer, computer system, computer network, computer
software, computer program or data base or any part thereof, with the
intent: to interrupt the normal functioning of an organization or to
devise or execute any scheme or artifice to defraud or deceive or
control property or services by means of false or fraudulent pretenses,
representations or promises;
2. intentionally and without authorization accesses, alters, interferes
with the operation of, damages or destroys any computer, computer
system, computer network, computer software, computer program or
computer data base or any part thereof;
3. intentionally or knowingly and without authorization gives or
publishes a password, identifying code, personal identification number
or other confidential information about a computer, computer system,
computer network or data base.
4. intentionally or knowingly engages in a scheme or artifice,
including, but not limited to, a denial of service attack, upon any
computer, computer system, computer network, computer software, computer
program, computer server or data base or any part thereof that is
designed to block, impede or deny the access of information or
initiation or completion of any sale or transaction by users of that
computer, computer system, computer network, computer software, computer
program, computer server or data base or any part thereof.
(b) Grading.--An offense under subsection (a)(1) is a felony of the
third degree. An offense under subsection (a)(2), (3) or (4) is a
misdemeanor of the first degree.
(c) Definitions.--As used in this section the following words and
phrases shall have the meanings given to them in this subsection:
"Access."
To intercept, instruct, communicate with, store data in, retrieve data
from or otherwise make use of any resources of a computer, computer
system, computer network or data base.
"Computer."
An electronic, magnetic, optical, hydraulic, organic or other high speed
data processing device or system which performs logic, arithmetic or
memory functions and includes all input, output, processing, storage,
software or communication facilities which are connected or related to
the device in a system or network.
"Computer network."
The interconnection of two or more computers through the usage of
satellite, microwave, line or other communication medium.
"Computer program."
An ordered set of instructions or statements and related data that, when
automatically executed in actual or modified form in a computer system,
causes it to perform specified functions.
"Computer software."
A set of computer programs, procedures and associated documentation
concerned with the operation of a computer system.
"Computer system."
A set of related, connected or unconnected computer equipment, devices
and software.
"Computer virus."
A computer program copied to or installed on a computer, computer
network, computer program, computer software or computer system without
the informed consent of the owner of the computer, computer network,
computer program, computer software or computer system that may
replicate itself and that causes unauthorized activities within or by
the computer, computer network, computer program, computer software or
computer system.
"Data base."
A representation of information, knowledge, facts, concepts or
instructions which are being prepared or processed or have been prepared
or processed in a formalized manner and are intended for use in a
computer, computer system or computer network, including, but not
limited to, computer printouts, magnetic storage media, punched cards or
data stored internally in the memory of the computer.
"Financial instrument."
Includes, but is not limited to, any check, draft, warrant, money order,
note, certificate of deposit, letter of credit, bill of exchange, credit
or debit card, transaction authorization mechanism, marketable security
or any computer system representation thereof.
"Property."
Includes, but is not limited to, financial instruments, computer
software and programs in either machine or human readable form, and
anything of value, tangible or intangible.
"Services."
Includes, but is not limited to, computer time, data processing and
storage functions.
(d) Restitution.--Upon conviction under this section for the intentional
distribution of a computer virus, the sentence shall include an order
for the defendant to reimburse the victim for:
1. the cost of repairing or, if necessary, replacing the affected
computer, computer system, computer network, computer software, computer
program or data base;
2. lost profit for the period that the computer, computer system,
computer network, computer software, computer program or data base is
not usable; or
3. the cost of replacing or restoring the data lost or damaged as a
result of a violation of this section.
CHAPTER 57. Wiretapping And Electronic Surveillance
[Note: Former Chapter 57, which related to invasion of privacy, was
repealed October 4, 1978, P.L.831, No.164, effective in 60 days.
Subchapter A. General Provisions
Subchapter B. Wire, Electronic or Oral Communication
Subchapter C. Stored Wire and Electronic Communications and
Transactional Records Access
Subchapter D. Mobile Tracking Devices
Subchapter E. Pen Registers, Trap and Trace Devices, and
Telecommunication Identification Interception Devices
Subchapter F. Miscellaneous
SUBCHAPTER C - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND
TRANSACTIONAL RECORDS ACCESS
§ 5741. Unlawful access to stored communications.
§ 5742. Disclosure of contents.
§ 5743. Requirements for governmental access.
§ 5744. Backup preservation.
§ 5745. Delayed notice.
§ 5746. Cost reimbursement.
§ 5747. Civil action.
§ 5748. Exclusivity of remedies.
§ 5741. Unlawful access to stored communications.
(a) Offense.--Except as provided in subsection (c), it is an offense to
obtain, alter or prevent authorized access to a wire or electronic
communication while it is in electronic storage by intentionally:
1. accessing without authorization a facility through which an
electronic communication service is provided; or
2. exceeding the scope of one's authorization to access the facility.
(b) Penalty.--
1. If the offense is committed for the purpose of commercial advantage,
malicious destruction or damage, or private commercial gain, the
offender shall be subject to:
1. a fine of not more than $250,000 or imprisonment for not more than
one year, or both, in the case of a first offense; or
2. a fine of not more than $250,000 or imprisonment for not more than
two years, or both, for any subsequent offense.
2. In any other case, the offender shall be subject to a fine of not
more than $5,000 or imprisonment for not more than six months, or both.
(c) Exceptions.--Subsection (a) of this section does not apply with
respect to conduct authorized:
1. by the person or entity providing a wire or electronic communication
service;
2. by a user of that service with respect to a communication of or
intended for that user; or
3. in section 5743 (relating to requirements for governmental access) or
5744 (relating to backup preservation).
[Webmaster note: Compare this section to similar statutes, including §
3933 and § 7512.]
§ 5742. Disclosure of contents.
(a) Prohibitions.--Except as provided in subsection (b):
1. A person or entity providing an electronic communication service to
the public shall not knowingly divulge to any person or entity the
contents of a communication while in electronic storage by that service:
1. On behalf of, and received by means of electronic transmission from,
or created by means of computer processing of communications received by
means of electronic transmission from, a subscriber or customer of the
service.
2. Solely for the purpose of providing storage or computer processing
services to the subscriber or customer, if the provider is not
authorized to access the contents of any such communication for the
purpose of providing any services other than storage or computer
processing.
2. A person or entity providing remote computing service to the public
shall not knowingly divulge to any person or entity the contents of any
communication which is carried or maintained on that service:
1. On behalf of, and received by means of electronic transmission from,
or created by means of computer processing of communications received by
means of electronic transmission from, a subscriber or customer of the
service.
2. Solely for the purpose of providing storage or computer processing
services to the subscriber or customer, if the provider is not
authorized to access the contents of any such communication for the
purpose of providing any services other than storage or computer
processing.
(b) Exceptions.--A person or entity may divulge the contents of a
communication:
1. to an addressee or intended recipient of the communication or an
agent of the addressee or intended recipient;
2. as otherwise authorized in section 5704(1) (relating to prohibition
of interception and disclosure of communications), 5708 (relating to
order authorizing interception of wire, electronic or oral
communications) or 5743 (relating to governmental access);
3. with the lawful consent of the originator or an addressee or intended
recipient of the communication, or the subscriber in the case of remote
computing service;
4. to a person employed or authorized or whose facilities are used to
forward the communication to its destination;
5. as may be necessarily incident to the rendition of the service or to
the protection of the rights or property of the provider of the service;
or
6. to a law enforcement agency, if the contents:
1. Were inadvertently obtained by the service provider.
2. Appear to pertain to the commission of a crime.
§ 5743. Requirements for governmental access.
(a) Contents of electronic communications in electronic
storage.--Investigative or law enforcement officers may require the
disclosure by a provider of electronic communication service of the
contents of an electronic communication which is in electronic storage
in an electronic communication system for:
1. One hundred eighty days or less only pursuant to a warrant issued
under the Pennsylvania Rules of Criminal Procedure.
2. More than 180 days by the means available under subsection (b).
(b) Contents of electronic communications in a remote computing
service.--
1. Investigative or law enforcement officers may require a provider of
remote computing service to disclose the contents of any electronic
communication to which this paragraph is made applicable by paragraph
(2):
1. without required notice to the subscriber or customer if the
investigative or law enforcement officer obtains a warrant issued under
the Pennsylvania Rules of Criminal Procedure; or
2. with prior notice from the investigative or law enforcement officer
to the subscriber or customer if the investigative or law enforcement
officer:
(A) uses an administrative subpoena authorized by a statute or a grand
jury subpoena; or
(B) obtains a court order for the disclosure under subsection (d);
except that delayed notice may be given pursuant to section 5745
(relating to delayed notice).
2. Paragraph (1) is applicable with respect to an electronic
communication which is held or maintained on that service:
1. On behalf of and received by means of electronic transmission from,
or created by means of computer processing of communications received by
means of electronic transmission from, a subscriber or customer of the
remote computing service.
2. Solely for the purpose of providing storage or computer processing
services to the subscriber or customer, if the provider is not
authorized to access the contents of any such communication for the
purpose of providing any services other than storage or computer
processing.
(c) Records concerning electronic communication service or remote
computing service.--
1. Except as provided in paragraph (2), a provider of electronic
communication service or remote computing service may disclose a record
or other information pertaining to a subscriber to or customer of the
service, not including the contents of communication covered by
subsection (a) or (b), to any person other than an investigative or law
enforcement officer.
2. A provider of electronic communication service or remote computing
service shall disclose a record or other information pertaining to a
subscriber to or customer of the service, not including the contents of
communications covered by subsection (a) or (b), to an investigative or
law enforcement officer only when the investigative or law enforcement
officer:
1. uses an administrative subpoena authorized by a statute or a grand
jury subpoena;
2. obtains a warrant issued under the Pennsylvania Rules of Criminal
Procedure;
3. obtains a court order for the disclosure under subsection (d); or
4. has the consent of the subscriber or customer to the disclosure.
3. An investigative or law enforcement officer receiving records or
information under paragraph (2) is not required to provide notice to the
customer or subscriber.
(d) Requirements for court order.--A court order for disclosure under
subsection (b) or (c) shall be issued only if the investigative or law
enforcement officer shows that there is reason to believe the contents
of a wire or electronic communication, or the records or other
information sought, are relevant to a legitimate investigative or law
enforcement inquiry. A court issuing an order pursuant to this section,
on a motion made promptly by the service provider, may quash or modify
the order if the information or records requested are unusually
voluminous in nature or compliance with the order would otherwise cause
an undue burden on the provider.
(e) No cause of action against a provider disclosing information under
this chapter.--No cause of action shall lie against any provider of wire
or electronic communication service, its officers, employees, agents or
other specified persons for providing information, facilities or
assistance in accordance with the terms of a court order, warrant,
subpoena or certification under this chapter.
§ 5744. Backup preservation.
(a) Backup preservation.--
1. An investigative or law enforcement officer acting under section
5743(b)(2) (relating to requirements for governmental access) may
include in its subpoena or court order a requirement that the service
provider to whom the request is directed create a backup copy of the
contents of the electronic communications sought in order to preserve
those communications. Without notifying the subscriber or customer of
the subpoena or court order, the service provider shall create the
backup copy as soon as practicable, consistent with its regular business
practices, and shall confirm to the investigative or law enforcement
officer that the backup copy has been made. The backup copy shall be
created within two business days after receipt by the service provider
of the subpoena or court order.
2. Notice to the subscriber or customer shall be made by the
investigative or law enforcement officer within three days after receipt
of confirmation that the backup copy has been made, unless the notice is
delayed pursuant to section 5745(a) (relating to delayed notice).
3. The service provider shall not destroy or permit the destruction of
the backup copy until the later of:
1. the delivery of the information; or
2. the resolution of all proceedings, including appeals of any
proceeding, concerning the government's subpoena or court order.
4. The service provider shall release the backup copy to the requesting
investigative or law enforcement officer no sooner than 14 days after
the officer's notice to the subscriber or customer if the service
provider has not:
1. received notice from the subscriber or customer that the subscriber
or customer has challenged the officer's request; and
2. initiated proceedings to challenge the request of the officer.
5. An investigative or law enforcement officer may seek to require the
creation of a backup copy under paragraph (1) if in his sole discretion
the officer determines that there is reason to believe that notification
under section 5743 of the existence of the subpoena or court order may
result in destruction of or tampering with evidence. This determination
is not subject to challenge by the subscriber, customer or service
provider.
(b) Customer challenges.--
1. Within 14 days after notice by the investigative or law enforcement
officer to the subscriber or customer under subsection (a)(2), the
subscriber or customer may file a motion to quash the subpoena or vacate
the court order, copies to be served upon the officer and written notice
of the challenge to be given to the service provider. A motion to vacate
a court order shall be filed in the court which issued the order. A
motion to quash a subpoena shall be filed in the court which has
authority to enforce the subpoena. The motion or application shall
contain an affidavit or sworn statement:
1. stating that the applicant is a customer of or subscriber to the
service from which the contents of electronic communications maintained
for the applicant have been sought; and
2. containing the applicant's reasons for believing that the records
sought are not relevant to a legitimate investigative or law enforcement
inquiry or that there has not been substantial compliance with the
provisions of this subchapter in some other respect.
2. Service shall be made under this section upon the investigative or
law enforcement officer by delivering or mailing by registered or
certified mail a copy of the papers to the person, office or department
specified in the notice which the customer has received pursuant to this
subchapter. For the purposes of this section, the term "delivery" has
the meaning given that term in the Pennsylvania Rules of Civil
Procedure.
3. If the court finds that the customer has complied with paragraphs (1)
and (2), the court shall order the investigative or law enforcement
officer to file a sworn response, which may be filed in camera if the
investigative or law enforcement officer includes in its response the
reasons which make in camera review appropriate. If the court is unable
to determine the motion or application on the basis of the parties'
initial allegations and responses, the court may conduct such additional
proceedings as it deems appropriate. All such proceedings shall be
completed and the motion or application decided as soon as practicable
after the filing of the officer's response.
4. If the court finds that the applicant is not the subscriber or
customer for whom the communications sought by the investigative or law
enforcement officer are maintained, or that there is reason to believe
that the investigative or law enforcement inquiry is legitimate and that
the communications sought are relevant to that inquiry, it shall deny
the motion or application and order the process enforced. If the court
finds that the applicant is the subscriber or customer for whom the
communications sought by the governmental entity are maintained, and
that there is not reason to believe that the communications sought are
relevant to a legitimate investigative or law enforcement inquiry, or
that there has not been substantial compliance with the provisions of
this subchapter, it shall order the process quashed.
5. A court order denying a motion or application under this section
shall not be deemed a final order, and no interlocutory appeal may be
taken therefrom. The Commonwealth or investigative or law enforcement
officer shall have the right to appeal from an order granting a motion
or application under this section.
§ 5745. Delayed notice.
(a) Delay of notification.--
1. An investigative or law enforcement officer acting under section
5743(b) (relating to requirements for governmental access) may:
1. where a court order is sought, include in the application a request
for an order delaying the notification required under section 5743(b)
for a period not to exceed 90 days, which request the court shall grant
if it determines that there is reason to believe that notification of
the existence of the court order may have an adverse result described in
paragraph (2); or
2. where an administrative subpoena authorized by a statute or a grand
jury subpoena is obtained, delay the notification required under section
5743(b) for a period not to exceed 90 days upon the execution of a
written certification of a supervisory official that there is reason to
believe that notification of the existence of the subpoena may have an
adverse result described in paragraph (2).
2. An adverse result for the purposes of paragraph (1) is:
1. endangering the life or physical safety of an individual;
2. flight from prosecution;
3. destruction of or tampering with evidence;
4. intimidation of potential witnesses; or
5. otherwise seriously jeopardizing an investigation or unduly delaying
a trial.
3. The investigative or law enforcement officer shall maintain a true
copy of a certification under paragraph (1)(ii).
4. Extensions of the delay of notification provided for in section 5743
of up to 90 days each may be granted by the court upon application or by
certification by a supervisory official in the case of an administrative
or grand jury subpoena.
5. Upon expiration of the period of delay of notification under
paragraph (1) or (4), the investigative or law enforcement officer shall
serve upon, or deliver by registered or first class mail to, the
customer or subscriber a copy of the process or request together with
notice which:
1. states with reasonable specificity the nature of the investigative or
law enforcement inquiry; and
2. informs the customer or subscriber:
(A) that information maintained for the customer or subscriber by the
service provider named in the process or request was supplied to or
requested by the investigative or law enforcement officer and the date
on which the supplying or request took place; (B) that notification of
the customer or subscriber was delayed; (C) the identity of the
investigative or law enforcement officer or the court which made the
certification or determination pursuant to which that delay was made;
and (D) which provision of this subchapter authorizes the delay.
6. As used in this subsection, the term "supervisory official" means the
investigative agent or assistant investigative agent in charge, or an
equivalent, of an investigative or law enforcement agency's headquarters
or regional office, or the chief prosecuting attorney or the first
assistant prosecuting attorney, or an equivalent, of a prosecuting
attorney's headquarters or regional office.
(b) Preclusion of notice to subject of governmental access.--An
investigative or law enforcement officer acting under section 5743, when
he is not required to notify the subscriber or customer under section
5743(b)(1), or to the extent that it may delay such notice pursuant to
subsection (a), may apply to a court for an order commanding a provider
of electronic communication service or remote computing service to whom
a warrant, subpoena or court order is directed, not to notify any other
person of the existence of the warrant, subpoena or court order for such
period as the court deems appropriate. The court shall enter such an
order if it determines that there is reason to believe that notification
of the existence of the warrant, subpoena or court order will result in:
1. endangering the life or physical safety of an individual;
2. flight from prosecution;
3. destruction of or tampering with evidence;
4. intimidation of a potential witness; or
5. otherwise seriously jeopardizing an investigation or unduly delaying
a trial.
§ 5746. Cost reimbursement.
(a) Payment.--Except as otherwise provided in subsection (c), an
investigative or law enforcement officer obtaining the contents of
communications, records or other information under section 5742
(relating to disclosure of contents), 5743 (relating to requirements for
governmental access) or 5744 (relating to backup preservation) shall
reimburse the person or entity assembling or providing the information
for such costs as are reasonably necessary and which have been directly
incurred in searching for, assembling, reproducing and otherwise
providing the information. Reimbursable costs shall include any costs
due to necessary disruption of normal operations of any electronic
communication service or remote computing service in which the
information may be stored.
(b) Amount.--The amount of the reimbursement provided for in subsection
(a) shall be as mutually agreed upon by the investigative or law
enforcement officer and the person or entity providing the information
or, in the absence of agreement, shall be as determined by the court
which issued the order for production of the information or the court
before which a criminal prosecution relating to the information would be
brought, if no court order was issued for production of the information.
(c) Applicability.--The requirement of subsection (a) does not apply
with respect to records or other information maintained by a
communication common carrier which relates to telephone toll records and
telephone listings obtained under section 5743. The court may, however,
order reimbursement as described in subsection (a) if the court
determines the information required is unusually voluminous or otherwise
caused an undue burden on the provider.
§ 5747. Civil action.
(a) Cause of action.--Except as provided in subsection 5743(e) (relating
to requirements for governmental access), any provider of electronic
communication service, subscriber or customer aggrieved by any violation
of this subchapter in which the conduct constituting the violation is
engaged in with a knowing or intentional state of mind may, in a civil
action, recover from the person or entity which engaged in the violation
such relief as may be appropriate.
(b) Relief.--In a civil action under this section, appropriate relief
includes:
1. such preliminary and other equitable or declaratory relief as may be
appropriate;
2. damages under subsection (c); and
3. reasonable attorney fees and other litigation costs reasonably
incurred.
(c) Damages.--The court may assess as damages in a civil action under
this section the sum of the actual damages suffered by the plaintiff and
any profits made by the violator as a result of the violation, but in no
case shall a person entitled to recover receive less than the sum of
$1,000.
(d) Defense.--A good faith reliance on:
1. a court warrant or order, a grand jury subpoena, a legislative
authorization or a statutory authorization;
2. a request of an investigative or law enforcement officer under
section 5713 (relating to emergency situations); or
3. a good faith determination that section 5704(10) (relating to
exceptions to prohibitions of interception and disclosure of
communications) permitted the conduct complained of is a complete
defense to any civil or criminal action brought under this subchapter or
any other law.
(e) Limitation.--A civil action under this section may not be commenced
later than two years after the date upon which the claimant first
discovered or had a reasonable opportunity to discover the violation.
§ 5748. Exclusivity of remedies.
The remedies and sanctions described in this subchapter are the only
judicial remedies and sanctions for nonconstitutional violations of this
subchapter.
Rhode Island
TITLE 11
Criminal Offenses
CHAPTER 11-52
Computer Crime
SECTION 11-52-1
§ 11-52-1 Definitions. – As used in this chapter:
(1) "Access" means to approach, instruct, communicate with, store data
in, enter data in, retrieve data from, or otherwise make use of any
resources of, a computer, computer system, or computer network.
(2) "Computer" means an electronic, magnetic, optical, hydraulic or
organic device or group of devices which, pursuant to a computer
program, to human instruction, or to permanent instructions contained in
the device or group of devices, can automatically perform computer
operations with or on computer data and can communicate the results to
another computer or to a person. The term "computer" includes any
connected or directly related device, equipment, or facility which
enables the computer to store, retrieve or communicate computer
programs, computer data or the results of computer operations to or from
a person, another computer or another device.
(3) "Computer data" means any representation of information, knowledge,
facts, concepts, or instructions which is being prepared or has been
prepared and is intended to be processed, is being processed, or has
been processed in a computer or computer network. "Computer data" may be
in any form, whether readable only by a computer or only by a human or
by either, including, but not limited to, computer printouts, magnetic
storage media, punched cards, or data stored internally in the memory of
the computer.
(4) "Computer network" means a set of related, remotely connected
devices and any communications facilities including more than one
computer with the capability to transmit data among them through the
communications facilities.
(5) "Computer operation" means arithmetic, logical, monitoring, storage
or retrieval functions and any combination of them, and includes, but is
not limited to, communication with, storage of data to, or retrieval of
data from any device or human hand manipulation of electronic or
magnetic impulses. A "computer operation" for a particular computer may
also be any function for which that computer was generally designed.
(6) "Computer program" means a series of instructions or statements or
related data that, in actual or modified form, is capable of causing a
computer or a computer system to perform specified functions in a form
acceptable to a computer, which permits the functioning of a computer
system in a manner designed to provide appropriate products from the
computer systems.
(7) "Computer services" includes computer time or services, data
processing services, Internet service providers' networks and facilities
located in the state or information or data stored in connection with
them.
(8) "Computer software" means a set of computer programs, procedures,
and associated documentation concerned with the operation of a computer,
computer program or computer network.
(9) "Computer system" means a set of related, connected or unconnected,
computer equipment, devices, and software.
(10) "Data" means any representation of information, knowledge, facts,
concepts, or instructions which are being prepared or have been prepared
and are intended to be entered, processed, or stored, are being entered,
processed, or stored or have been entered, processed, or stored in a
computer, computer system, or computer network.
(11) "Electronic mail service provider" means any business or
organization qualified to do business in the state of Rhode Island that
provides registered users the ability to send or receive electronic mail
through equipment located in this state and that is an intermediary in
sending or receiving electronic mail.
(12) "Financial instrument" includes, but is not limited to, any check,
draft, warrant, money order, note, certificate of deposit, letter of
credit, bill of exchange, credit or debit card transaction authorization
mechanism, marketable security, or any computerized representation of
any of these.
(13) "Owner" means an owner or lessee of a computer or a computer
network or an owner, lessee, or licensee of computer data, computer
programs, or computer software.
(14) "Person" shall include any individual, partnership, association,
corporation or joint venture.
(15) "Property" includes, but is not limited to:
(i) Real property;
(ii) Computers and computer networks;
(iii) Financial instruments, computer data, computer programs, computer
software and all other personal property regardless of whether they are:
(A) Tangible or intangible;
(B) In a format readable by humans or by a computer;
(C) In transit between computers or within a computer network or between
any devices which comprise a computer; or
(D) Located on any paper or in any device on which it is stored by a
computer or by a human; and
(E) Computer services.
(iv) A person "uses" a computer or computer network when he or she:
(A) Attempts to cause or causes a computer or computer network to
perform or to stop performing computer operations;
(B) Attempts to cause or causes the withholding or denial of the use of
a computer, computer network, computer program, computer data or
computer software to another user; or
(C) Attempts to cause or causes another person to put false information
into a computer.
(v) A person is "without authority" when: (A) he or she has no right or
permission of the owner to use a computer, or, he or she uses a computer
in a manner exceeding his or her right or permission or (B) he or she
uses an Internet service e-mail system offered by a Rhode Island based
Internet service provider in contravention of the authority granted by
or in violation of the policies set by the Internet service provider.
(vi) Transmission of electronic mail from an organization to its members
shall not be deemed to be unsolicited bulk electronic mail.
(16) "Services" includes, but is not limited to, computer time, data
processing, and storage functions.
(17) "Source document" means an original document or record which forms
the basis of every electronic entry put into a computer, computer
system, or computer network.
§ 11-52-2 Access to computer for fraudulent purposes. – Whoever
directly or indirectly accesses or causes to be accessed any computer,
computer system, or computer network for the purpose of: (1) devising or
executing any scheme or artifice to defraud; (2) obtaining money,
property, or services by means of false or fraudulent pretenses,
representations, or promises; or (3) damaging, destroying, altering,
deleting, or removing any program or data contained in it in connection
with any scheme or artifice to defraud, shall be guilty of a felony and
shall be subject to the penalties set forth in § 11-52-5.
§ 11-52-3 Intentional access, alteration, damage, or destruction.
– Whoever, intentionally, without authorization, and for fraudulent or
other illegal purposes, directly or indirectly, accesses, alters,
damages, or destroys any computer, computer system, computer network,
computer software, computer program, or data contained in a computer,
computer system, computer program, or computer network shall be guilty
of a felony and shall be subject to the penalties set forth in §
11-52-5.
§ 11-52-4 Computer theft. – Whoever, intentionally and without
claim of right, takes, transfers, conceals or retains possession of any
computer, computer system, computer network, computer software, computer
program, or data contained in a computer, computer system, computer
program, or computer network with a value in excess of five hundred
dollars ($500) shall be guilty of a felony and shall be subject to the
penalties set forth in § 11-52-5. If the value is five hundred dollars
($500) or less, then the person shall be guilty of a misdemeanor and may
be punishable by imprisonment for a term not exceeding one year or by a
fine of not more than one thousand dollars ($1,000), or both.
§ 11-52-4.1 Computer trespass. – (a) It shall be unlawful for any
person to use a computer or computer network without authority and with
the intent to:
(1) Temporarily or permanently remove, halt, or otherwise disable any
computer data, computer programs, or computer software from a computer
or computer network;
(2) Cause a computer to malfunction regardless of how long the
malfunction persists;
(3) Alter or erase any computer data, computer programs, or computer
software;
(4) Effect the creation or alteration of a financial instrument or of an
electronic transfer of funds;
(5) Cause physical injury to the property of another;
(6) Make or cause to be made an unauthorized copy, in any form,
including, but not limited to, any printed or electronic form of
computer data, computer programs, or computer software residing in,
communicated by, or produced by a computer or computer network;
(7) Forge e-mail header information or other Internet routine
information for the purpose of sending unsolicited bulk electronic mail
through or into the facilities of an electronic mail service provider or
its subscribers; or
(8) To sell, give or otherwise distribute or possess with the intent to
sell, give or distribute software which is designed to facilitate or
enable the forgery of electronic mail header information or other
Internet routing information for the purpose of sending unsolicited bulk
electronic mail through or into the facilities of an electronic mail
service provider or its subscribers.
(b) Nothing in this section shall be construed to interfere with or
prohibit terms or conditions in a contract or license related to
computers, computer data, computer networks, computer operations,
computer programs, computer services, or computer software or to create
any liability by reason of terms or conditions adopted by, or technical
measures implemented by, a Rhode Island-based electronic mail service
provider to prevent the transmission of unsolicited bulk electronic mail
in violation of this chapter. Whoever violates this section shall be
guilty of a felony and shall be subject to the penalties set forth in §
11-52-2. If the value is five hundred dollars ($500) or less, then the
person shall be guilty of a misdemeanor and may be punishable by
imprisonment for a term not exceeding one year or by a fine of not more
than one thousand dollars ($1,000) or both.
§ 11-52-4.2 Cyberstalking prohibited. – (a) Whoever transmits any
communication by computer to any person or causes any person to be
contacted for the sole purpose of harassing that person or his or her
family is guilty of a misdemeanor, and shall be punished by a fine of
not more than five hundred dollars ($500), by imprisonment for not more
than one year, or both. For the purpose of this section, "harasses"
means following a knowing and willful course of conduct directed at a
specific person which seriously alarms, annoys, or bothers the person,
and which serves no legitimate purpose. The course of conduct must be of
a kind that would cause a reasonable person to suffer substantial
emotional distress, or be in fear of bodily injury. "Course of conduct"
means a pattern of conduct composed of a series of acts over a period of
time, evidencing a continuity of purpose. Constitutionally protected
activity is not included within the meaning of "course of conduct."
(b) A second or subsequent conviction under subsection (a) of this
section shall be deemed a felony punishable by imprisonment for not more
than two (2) years, by a fine of not more than six thousand dollars
($6,000), or both.
§ 11-52-4.3 Violation of restraining order. – (a) Whenever there
is a restraining order or injunction issued by a court of competent
jurisdiction enjoining one person from harassing another person, and the
person so enjoined is convicted of the crime as set forth in section
11-52-4.2 for actions against the person protected by the court order or
injunction, he or she shall be guilty of a felony which shall be
punishable by imprisonment for not more than two (2) years, or by a fine
of not more than six thousand dollars ($6,000), or both.
(b) A second or subsequent conviction under subsection (a) of this
section shall be punishable by imprisonment for not more than five (5)
years, by a fine of not more than ten thousand dollars ($10,000), or
both.
§ 11-52-5 Penalties. – (a) Any person who is convicted of an offense
which is classified as a felony under this chapter shall be fined not
more than five thousand dollars ($5,000), or imprisoned for not more
than five (5) years, or both.
(b) Any person who is convicted of an offense which is classified as a
misdemeanor under this chapter shall be fined not more than five hundred
dollars ($500), or imprisoned for not more than one year, or both.
§ 11-52-6 Civil action. – (a) Any person injured as a result of a
violation of this chapter may bring a civil action against the violator
for compensatory damages, punitive damages, court costs, and any other
relief that the court deems appropriate, including reasonable attorneys'
fees.
(b) If the injury arises from the transmission of unsolicited bulk
electronic mail, the injured person, other than an electronic mail
service provider, may also recover attorney's fees and costs and may
elect, in lieu of actual damages, to recover the lesser of five hundred
dollars ($500) for each and every unsolicited bulk electronic mail
message transmitted in violation of this chapter up to a maximum of
twenty-five thousand dollars ($25,000) per day. The injured person shall
not have a cause of action against the electronic mail service provider
which merely transmits the unsolicited bulk electronic mail over its
computer network.
(c) If the injury arises from the transmission of unsolicited bulk
electronic mail, an injured electronic mail service provider may also
recover attorneys fees and costs, and may elect, in lieu of actual
damages, to recover the greater of five hundred dollars ($500) for each
and every unsolicited bulk electronic mail message transmitted in
violation of this chapter up to a maximum of twenty-five thousand
dollars ($25,000) per day.
(d) At the request of any party to an action brought pursuant to this
section, the court may, in its discretion, conduct all legal proceedings
in such a way as to protect the secrecy and security of the computer,
computer network, computer data, computer program and computer software
involved in order to prevent possible recurrence of the same or a
similar act by another person and to protect any trade secrets of any
party.
(e) The provisions of this section shall not be construed to limit any
person's right to pursue any additional civil remedy otherwise allowed
by law.
§ 11-52-7 Use of false information. – (a) Whoever intentionally
or knowingly makes a transmission of false data for the purpose of
submitting a claim for payment, or makes, presents, or uses or causes to
be made, presented, or used any data for the purpose of submitting a
claim for payment with knowledge of its falsity and with knowledge that
it will be used for any claim for payment, shall be guilty of a felony
and shall be subject to the penalties set forth in § 11-52-5.
(b) Whoever intentionally or knowingly: (1) makes a transmission of
false data; or (2) makes, presents or uses or causes to be made,
presented or used any data for any other purpose with knowledge of its
falsity, shall be guilty of a misdemeanor and shall be subject to the
penalties set forth in § 11-52-5.
§ 11-52-8 Tampering with computer source documents. – (a) Whoever
intentionally or knowingly conceals, destroys, or alters or
intentionally or knowingly causes another to conceal, destroy, or alter
any computer source document used for a computer, computer program,
computer system, or computer network, when the computer source document
is required to be kept by law, shall be guilty of a misdemeanor and
shall be subject to the provisions of § 11-52-5.
(b) Whoever intentionally or knowingly conceals, destroys, or alters or
intentionally, knowingly conceals, destroys, or alters or intentionally
or knowingly causes another to conceal, destroy, or alter any computer
source document used for a computer, computer program, computer system,
or computer network, when the computer source document is required to be
kept by law, with the intent to obstruct an official investigation by
any state agency authorized by law to conduct any civil or criminal
investigation, shall be guilty of a felony and shall be subject to the
provisions of § 11-52-5.
South Carolina
Title 16 - Crimes and Offenses
CHAPTER 16.
COMPUTER CRIME ACT
SECTION 16-16-10. Definitions.
For purposes of this chapter:
(a) "Computer" means a device that performs logical, arithmetic, and
memory functions by manipulating impulses including, but not limited to,
all input, output, processing, storage, computer software, and
communication facilities that are connected or related to a computer in
a computer system or computer network. For the purposes of this section,
"computer" includes, but is not limited to, mainframes, servers,
workstations, desktops, and notebooks; industrial controls such as
programmable logic controllers and supervisory control and data
acquisition systems; portable hand-held computing devices such as
personal digital assistants and digital cellular telephones; data
communications network devices such as routers and switches; and all
other devices that are computer-based or communicate with or are under
the control of a computer such as appropriate telephone switches,
medical devices, and cable and satellite television interface systems.
"Computer" does not include automated typewriters or typesetters.
(b) "Computer network" means the interconnection of two or more
computers, and those devices and facilities through which an
interconnection occurs.
(c) "Computer program" means a series of instructions or statements
executable on a computer, which direct the computer system in a manner
to process data or perform other specified functions.
(d) "Computer software" means a set of computer programs, data,
procedures, or associated documentation concerned with the operation of
a computer system.
(e) "Computer system" means a set of related, whether connected or
unconnected, computer equipment, devices, or software.
(f) "Property" includes, but is not limited to, financial instruments,
data, documents associated with computer systems, and computer software,
or copies thereof, whether tangible or intangible, including both human
and computer system readable data, and data while in transit.
(g) "Services" include, but are not limited to, the use of the computer
system, computer network, computer programs, or data prepared for
computer use, or data obtained within a computer system, or data
contained within a computer network.
(h) "Data" means a representation of information, knowledge, facts,
concepts, or instructions that has been prepared or is being prepared in
a formalized manner and has been processed, is being processed, or is
intended to be processed in a computer, computer system, or computer
network. Data may be in any form including, but not limited to, computer
printouts, magnetic storage media, optical storage media, network data
packets, flash memory cards, smart card memory, punched cards, or as
stored in the memory of the computer or in transit or displayed on a
video device.
(i) "Access" means to gain entry to, attempt to gain entry to, instruct,
communicate with, attempt to communicate with, store or alter data in,
retrieve or remove data from, or otherwise make use of or attempt to
make use of the logical, arithmetic, control, memory, storage, output,
or communication functions of a computer, computer system, or computer
network.
(j) "Computer hacking" means:
(1) accessing or attempting to access all or part of a computer,
computer system, or a computer network without express or implied
authorization for the purpose of establishing contact only;
(2) with the intent to defraud or with malicious intent to commit a
crime after the contact is established;
(3) misusing computer or network services including, but not limited to,
mail transfer programs, file transfer programs, proxy servers, and web
servers by performing functions not authorized by the appropriate
principal of the computer, computer system, or computer network. Misuse
of computer and network services includes, but is not limited to, the
unauthorized use of:
(i) mail transfer programs to send mail to persons other than the
authorized users of that computer or computer network;
(ii) file transfer program proxy services or proxy servers to access
other computers, computer systems, or computer networks; and
(iii) web servers to redirect users to other web pages or web servers;
(4) using a group of computer programs commonly known as "port scanners"
or "probes" to intentionally access any computer, computer system, or
computer network without the permission of the appropriate principal of
the computer, computer system, or computer network. This group of
computer programs includes, but is not limited to, those computer
programs that use a computer network to access a computer, computer
system, or another computer network to determine:
(i) the presence or types of computers or computer systems on a network;
(ii) the computer network's facilities and capabilities;
(iii) the availability of computer or network services;
(iv) the presence or versions of computer software including, but not
limited to, operating systems, computer services, or computer
contaminants;
(v) the presence of a known computer software deficiency that can be
used to gain unauthorized access to a computer, computer system, or
computer network; or
(vi) any other information about a computer, computer system, or
computer network not necessary for the normal and lawful operation of
the computer initiating the access.
This group of computer programs does not include standard computer
software used for the normal operation, administration, management, and
test of a computer, computer system, or computer network including, but
not limited to, operating system services such as domain name services
and mail transfer services, network monitoring and management computer
software such as the computer programs commonly called "ping", "tcpdump",
and " traceroute", and systems administration computer software such as
the computer programs commonly known as "nslookup" and "whois". It is
unlawful to intentionally and knowingly use such computer software to
access any computer, computer system, or computer network to adversely
affect computer or network access or performance; and
(5) the intentional use of a computer, computer system, or a computer
network in a manner that exceeds any right or permission granted by the
appropriate principal of the computer, computer system, or computer
network.
Computer hacking does not include the introduction of a computer
contaminant into a computer, computer system, computer program, or
computer network.
(k) "Computer contaminant" means a computer program designed to modify,
damage, destroy, disable, deny or degrade access to, allow unauthorized
access to, functionally impair, record, or transmit information within a
computer, computer system, or computer network without the express or
implied consent of the owner. Computer contaminant includes, but is not
limited to:
(1) a group of computer programs commonly known as "viruses" and "worms"
that are self-replicating or self-propagating, and that are designed to
contaminate other computer programs, compromise computer security,
consume computer resources, modify, destroy, record, or transmit data,
or disrupt the normal operation of the computer, computer system, or
computer network;
(2) a group of computer programs commonly known as "Trojans" or "Trojan
horses" that are not self-replicating or self-propagating, and that are
designed to compromise computer security, consume computer resources,
modify, destroy, record, or transmit data, or disrupt the normal
operation of the computer, computer system, or computer network;
(3) a group of computer programs commonly known as "zombies" that are
designed to use a computer without the knowledge and consent of the
appropriate principal, and that are designed to send large quantities of
data to a targeted computer network for the purpose of degrading the
targeted computer's or network's performance, or denying access through
the network to the targeted computer or network, resulting in what is
commonly know as "Denial of Service" or "Distributed Denial of Service"
attacks; or
(4) a group of computer programs commonly know as "trap doors", "back
doors", or "root kits" that are designed to bypass standard
authentication software, and that are designed to allow access to or use
of a computer without the knowledge or consent of the appropriate
principal.
(l) "Unauthorized access" means access of a computer, computer system,
or computer network not explicitly or implicitly authorized by the
appropriate principal of the computer, computer system, or computer
network.
(m) "Unauthorized use" means the:
(i) use of a computer, computer system, or computer network not
explicitly or implicitly authorized by the appropriate principal of the
computer, computer system, or computer network;
(ii) the use of computer software not explicitly or implicitly
authorized by the appropriate principal or licensee of the computer
software; or
(iii) the authorized use of a computer, computer system, computer
network, or computer software in a manner not explicitly or implicitly
authorized by the appropriate principal or licensee.
(1) It is unlawful for a person to wilfully, knowingly, maliciously, and
without authorization or for an unauthorized purpose to:
(a) directly or indirectly access or cause to be accessed a computer,
computer system, or computer network for the purpose of:
(i) devising or executing a scheme or artifice to defraud;
(ii) obtaining money, property, or services by means of false or
fraudulent pretenses, representations, promises; or
(iii) committing any other crime.
(b) alter, damage, destroy, or modify a computer, computer system,
computer network, computer software, computer program, or data contained
in that computer, computer system, computer program, or computer network
or introduce a computer contaminant into that computer, computer system,
computer program, or computer network.
(2) A person is guilty of computer crime in the first degree if the
amount of gain directly or indirectly derived from the offense made
unlawful by subsection (1) or the loss directly or indirectly suffered
by the victim exceeds ten thousand dollars. Computer crime in the first
degree is a felony and, upon conviction, a person must be fined not more
than fifty thousand dollars or imprisoned not more than five years, or
both.
(3)(a) A person is guilty of computer crime in the second degree if the
amount of gain directly or indirectly derived from the offense made
unlawful by subsection (1) or the loss directly or indirectly suffered
by the victim is greater than one thousand dollars but not more than ten
thousand dollars.
(b) A person is also guilty of computer crime in the second degree
where:
(i) he interferes with, causes to be interfered with, denies or causes
to be denied any computer or network service to an authorized user of
the computer or network service for the purpose of devising or executing
any scheme or artifice to defraud, or obtaining money, property, or
services by means of false or fraudulent pretenses, representations, or
promises, or committing any other felony;
(ii) he deprives the owner of possession of, or takes, transfers,
conceals, or retains possession of any computer, data, computer
property, or computer-related property, including all parts of a
computer, computer system, computer network, computer software, computer
services, or information associated with a computer, whether in a
tangible or intangible form; or
(iii) the gain derived from the offense made unlawful by subsection (1)
or loss suffered by the victim cannot reasonably be ascertained.
(c) Computer crime in the second degree is a misdemeanor and, upon
conviction for a first offense, a person must be fined not more than ten
thousand dollars or imprisoned not more than one year, or both. Upon
conviction for a second or subsequent offense, a person is guilty of a
misdemeanor and must be fined not more than twenty thousand dollars or
imprisoned not more than two years, or both.
(4) A person is guilty of computer crime in the third degree if the
amount of gain directly or indirectly derived from the offense made
unlawful by subsection (1) or the loss directly or indirectly suffered
by the victim is not more than one thousand dollars. A person is also
guilty of computer crime in the third degree if he wilfully, knowingly,
and without authorization or for an unauthorized purpose engages in
computer hacking. Computer crime in the third degree is a misdemeanor
and, upon conviction for a first offense, a person must be fined not
more than two hundred dollars or imprisoned not more than thirty days.
Upon conviction for a second or subsequent offense, a person must be
fined not more than two thousand dollars or imprisoned not more than two
years, or both.
(5) Each computer, computer system, or computer network affected by the
violation of this chapter constitutes a separate violation.
SECTION 16-16-25. Compensatory damages and restitution.
In addition to other civil remedies available, the owner or lessee of a
computer, computer system, computer network, computer program, or data
may bring a civil action against a person convicted under this chapter
for compensatory damages, restitution, and attorney's fees. Compensatory
damages and restitution may include:
(1) expenditures reasonably and necessarily incurred by the owner or
lessee to verify whether a computer system, computer network, computer
program, or data was altered, damaged, or deleted by the access;
(2) costs of repairing or, if necessary, replacing the affected
computer, computer system, computer network, computer software, computer
program, or data;
(3) lost profits for the period that the computer, computer system,
computer network, computer software, computer program, or data was
unusable; and
(4) costs of replacing or restoring the data lost or damaged as a result
of a violation of this chapter.
SECTION 16-16-30. Venue.
For the purpose of venue under this chapter, a violation of this chapter
is considered to have been committed in the county in which the
violation took place; however, upon proper motion and the proper showing
before a judge, venue may be transferred if justice would be better
served by the transfer, to one of the following:
(1) a county in which an act was performed in furtherance of a
transaction which violated this chapter;
(2) the county of the principal place of business in this State of the
owner or lessee of a computer, computer system, computer network, or any
part of it, which has been subject to the violation; or
(3) a county in which a violator had control or possession of proceeds
of the violation or of books, records, documents, property, financial
instruments, computer software, computer programs, or other materials or
objects which were used in the furtherance of the violation.
SECTION 16-16-40. Applicability of other criminal law provisions.
The provisions of this chapter must not be construed to preclude the
applicability of any other provision of the criminal law of this State,
which presently applies or may in the future apply, to any transaction
which violates this chapter.
South Dakota
CHAPTER 43-43B
COMPUTER PROGRAMS
43-43B-1. Unlawful uses of computer system. A person is guilty of
unlawful use of a computer system, software, or data if the person:
(1) Knowingly obtains the use of, accesses or exceeds authorized access
to, a computer system, or any part thereof, without the consent of the
owner;
(2) Knowingly obtains the use of, accesses, or exceeds authorized access
to, a computer system, or any part thereof, without the consent of the
owner, and the access or use includes access to confidential data or
material;
(3) Knowingly copies or obtains information from a computer system, or
compromises any security controls for the computer system, or uses or
discloses to another, or attempts to use or disclose to another, the
numbers, codes, passwords, or other means of access to a computer system
without the consent of the owner;
(4) Knowingly disrupts, denies, or inhibits access to software or data
without the consent of the owner;
(5) Knowingly disrupts, denies, or inhibits access to a computer system,
without consent of the owner;
(6) Knowingly modifies, changes, or alters software or data, without the
consent of the owner;
(7) Knowingly obtains use of, alters, accesses, or exceeds authorized
access to, destroys, disables, or inhibits access to a computer system,
as part of a deception for the purpose of obtaining money, property, or
services from the owner of a computer system, or any third party;
(8) Knowingly destroys or disables a computer system, without consent of
the owner; or
(9) Knowingly destroys or disables software or computer data, without
consent of the owner.
43-43B-2. Definition of terms. Terms used in this chapter mean:
(1) "Access," to instruct, communicate with, store data in, or retrieve
data from a computer system;
(2) "Computer," an internally programmed, general purpose digital device
capable of automatically accepting data, processing data and supplying
the results of the operation;
(3) "Software," a series of coded instructions or statements in a form
acceptable to a computer system, which causes the computer system to
process data in order to achieve a certain result;
(4) "Computer system," includes any computer, computer network, other
related device, data input and output and storage devices, and data
communications links;
(5) "Computer network," a set of related, connected network electronics
and communications links that allows any computer system to communicate
with any other computer system;
(5A) "Data," digitized information in any form that may be accessed by a
computer system, regardless of whether the information is in
transmission or stored on a computer system, diskette, compact diskette,
cd-rom, tape, or in any other medium;
(6) "Destroy," to make unusable, render inoperable, render unable to
accept or process data, or supply results, render unable to perform data
processing tasks or cause computer networks to be unable to transfer
data between computer systems for any amount of time.
43-43B-3. Penalties for unlawful use of computer systems.
Violations of the provisions of § 43-43B-1 are punishable as follows:
(1) For a violation of subdivision (1), a Class 1 misdemeanor;
(2) For a violation of subdivision (2) or (3), a Class 6 felony;
(3) For a violation of subdivision (4), a Class 5 felony;
(4) For a violation of subdivision (5) or (6), a Class 4 felony;
(5) For a violation of subdivision (8) or (9), a Class 3 felony;
(6) For a violation of subdivision (7), a Class 2 felony.
43-43B-4 to 43-43B-6. Repealed by SL 2002, ch 109, §§ 30 to 32
43-43B-7. Civil rights not affected. The provisions of this
chapter shall neither enlarge nor diminish the rights of parties in
civil litigation.
Source: SL 1982, ch 300, § 8.
43-43B-8. Venue for violations. For the purpose of venue under
the provisions of this chapter, any violation of this chapter shall be
considered to have been committed: in any county in which any act was
performed in furtherance of any transaction violating this chapter; in
any county in which any violator had control or possession of any
proceeds of said violation or of any books, records, documents,
property, financial instrument, computer software, computer program, or
other material, objects or items which were used in any county from
which, to which, or through which any access to a computer, computer
system, or computer network was made whether by wires, electromagnetic
waves, microwaves, or any other means of communication.
Source: SL 1984, ch 282, § 5.
Tennessee
39-14-601. Part definitions. —
As used in this part, unless the context otherwise requires:
(1) "Access" means to approach, instruct, communicate, or connect with,
store data in, retrieve or intercept data from, or otherwise make use of
any resources of a computer, computer system, or computer network, or
information exchanged from any communication between computers or
authorized computer users and electronic, electromagnetic,
electrochemical, acoustic, mechanical, or other means;
(2) "Authorization" means any and all forms of consent, including both
implicit and explicit consent;
(3) "Computer" means a device or collection of devices, including its
support devices, peripheral equipment, or facilities, and the
communication systems connected to it which can perform functions
including, but not limited to, substantial computation, arithmetic or
logical operations, information storage or retrieval operations, capable
of being used with external files, one (1) or more operations which
contain computer programs, electronic instructions, allows for the input
of data, and output data (such operations or communications can occur
with or without intervention by a human operator during the processing
of a job);
(4) "Computer contaminants" means any set of computer instructions that
are designed to modify or in any way alter, damage, destroy, or disrupt
the proper operation of a computer system, or computer network without
the intent or authorization of the owner of the information. They
include, but are not limited to, a group of computer instructions
commonly called viruses or worms, which are self-replicating or
self-propagating and are designed to contaminate other computer programs
or computer data, consume computer resources, modify, destroy, record or
transmit data, or in some other fashion usurp the normal operation of
the computer, computer system, or computer network. Such contaminants
may include viruses or worms, which terms shall have the following
meanings:
(A) "Virus" means a migrating program which, at least, attaches itself
to the operating system of any computer it enters and can infect any
other computer that has access to an "infected" computer; and
(B) "Worm" means a computer program or virus that spreads and
multiplies, eventually causing a computer to "crash" or cease
functioning, but does not attach itself to the operating system of the
computer it "infects";
(5) "Computer network" means a set of two (2) or more computer systems
that transmit data over communication circuits connecting them, and
input/output devices including, but not limited to, display terminals
and printers, which may also be connected to telecommunication
facilities;
(6) "Computer program" means an ordered set of data that are coded
instructions or statements that, when executed by a computer, cause the
computer to process data;
(7) "Computer software" means a set of computer programs, procedures,
and associated documentation concerned with the operation of a computer,
computer system, or computer network whether imprinted or embodied in
the computer in any manner or separate from it, including the supporting
materials for the software and accompanying documentation;
(8) "Computer system" means a set of connected devices including a
computer and other devices including, but not limited to, one (1) or
more of the following: data input, output, or storage devices, data
communication circuits, and operating system computer programs that make
the system capable of performing data processing tasks;
(9) "Data" means a representation of information, knowledge, facts,
concepts, or instructions which is being prepared or has been prepared
in a formalized manner, and is intended to be stored or processed, or is
being stored or processed, or has been stored or processed in a
computer, computer system, or computer network;
(10) "Electronic mail service provider" means any person who:
(A) Is an intermediary in sending or receiving electronic mail; and
(B) Provides to end-users of electronic mail services the ability to
send or receive electronic mail;
(11) "Financial instrument" includes, but is not limited to, any check,
cashier's check, draft, warrant, money order, certificate of deposit,
negotiable instrument, letter of credit, bill of exchange, credit card,
debit card, marketable security, or any computer system representation
thereof;
(12) "Input" means data, facts, concepts, or instructions in a form
appropriate for delivery to, or interpretation or processing by, a
computer;
(13) "Intellectual property" includes data, which may be in any form
including, but not limited to, computer printouts, magnetic storage
media, punched cards, or may be stored internally in the memory of a
computer;
(14) "Local exchange company" includes telecommunications service
providers as defined in § 65-4-101; competing telecommunications service
providers as such term is defined in § 65-4-101; telephone cooperatives;
cellular or other wireless telecommunications providers; and interactive
computer service providers as defined in 47 U.S.C. § 230(f);
(15) "Output" means data, facts, concepts or instructions produced or
retrieved by computers from computers or computer memory storage
devices;
(16) "Owner" means an owner or lessee of a computer or a computer
network, or an owner, lessee or licensee of computer data, computer
programs, or computer software;
(17) "Property" shall include:
(A) Real property;
(B) Computers and computer networks; and
(C) Financial instruments, computer data, computer programs, computer
software, and all other personal property regardless of whether they
are:
(i) Tangible or intangible;
(ii) In a format readable by humans or by a computer;
(iii) In transit between computers or within a computer network or
between any devices which comprise a computer; or
(iv) Located on any paper or in any device in which it is stored by a
computer or by a human;
(18) "Services" includes, but is not limited to, the use of a computer,
a computer system, a computer network, computer software, computer
program, or data to perform tasks;
(19) "System hacker" means any person who knowingly accesses and without
authorization alters, damages, deletes, destroys, or otherwise uses any
data, computer, computer system, or computer network; and
(20) "To process" means to use a computer to put data through a
systematic sequence of operations for the purpose of producing a
specified result.
39-14-602. Violations — Penalties. —
(a) Whoever knowingly, directly or indirectly, accesses, causes to be
accessed, or attempts to access any telephone system, telecommunications
facility, computer software, computer program, data, computer, computer
system, computer network, or any part thereof, for the purpose of:
(1) Obtaining money, property, or services for oneself or another by
means of false or fraudulent pretenses, representations, or promises
violates this subsection (a) and is subject to the penalties of §
39-14-105;
(2) Causing computer output to purposely be false for, but not limited
to, the purpose of obtaining money, property, or services for oneself or
another by means of false or fraudulent pretenses, representations, or
promises violates this subsection (a) and is subject to the penalties of
§ 39-14-105; or
(3) Effecting the creation or alteration of a financial instrument or of
an electronic transfer of funds with the intent to disrupt, alter,
misappropriate, or commit fraud violates this subsection (a) and is
subject to the penalties of § 39-14-105.
(b) Whoever intentionally and without authorization, directly or
indirectly:
(1) Accesses any computer, computer system, or computer network commits
a Class C misdemeanor. Operating a computer network in such a way as to
allow anonymous access to that network shall constitute implicit consent
to access under this part;
(2) Alters, damages, destroys, or attempts to damage or destroy, or
causes the disruption to the proper operation of any computer, or who
performs an act which is responsible for the disruption of any computer,
computer system, computer network, computer software, program, or data
which resides or exists internal or external to a computer, computer
system, or computer network is punishable as in § 39-14-105;
(3) Introduces or is responsible for the malicious input of any computer
contaminant into any computer, computer system, or computer network
commits a Class B misdemeanor;
(4) Accesses, causes to be accessed, or attempts to access any computer
software, computer network, or any part thereof, for the purpose of
maliciously gaining access to computer material or to tamper maliciously
with computer security devices including, but not limited to, system
hackers, commits a Class A misdemeanor; or
(5) Makes or causes to be made an unauthorized copy, in any form,
including, but not limited to, any printed or electronic form of
computer data, computer programs, or computer software residing in,
communicated by, or produced by a computer or computer network commits
an offense punishable as provided in § 39-14-105.
(c) Whoever receives, conceals, uses, or aids another in receiving,
concealing, or using any proceeds resulting from a violation of either
subsection (a) or subdivision (b)(2), knowing the proceeds to be the
result of such violation, or whoever receives, conceals, uses, or aids
another in receiving, concealing, or using any books, records,
documents, property, financial instrument, computer software, program,
or other material, property, or objects, knowing that the item has been
used in violating either subsection (a) or subdivision (b)(2) is subject
to the penalties of § 39-14-105.
(d) Any person who violates this section in connection with an act of
terrorism commits a Class A felony.
39-14-603. Unsolicited bulk electronic mail. —
(a) It is an offense for a person without authority to falsify or forge
electronic mail transmission information or other routing information in
any manner in connection with the transmission of unsolicited bulk
electronic mail through or into the computer network of an electronic
mail service provider or its subscribers.
(b) Transmission of electronic mail from an organization to its members
shall not be deemed to be the transmission of unsolicited bulk
electronic mail as prohibited by this section.
(c) Nothing in this section shall be construed to interfere with or
prohibit terms or conditions in a contract or license related to
computers, computer data, computer networks, computer operations,
computer programs, computer services, or computer software or to create
any liability by reason of terms or conditions adopted by or technical
measures implemented by a Tennessee-based electronic mail service
provider to prevent the transmission of unsolicited electronic mail in
violation of this section.
(d) As used in this section, "without authority" means a person who uses
a computer, a computer network, or the computer services of an
electronic mail service provider to transmit unsolicited bulk mail in
contravention of the authority granted by or in violation of the
policies set by the electronic mail service provider.
(e) The transmission of electronic signals by a local exchange company
to the extent that the local exchange company merely carries that
transmission over its network shall not be deemed to be the transmission
of unsolicited bulk electronic mail as prohibited by this section.
(f) A violation of this section shall be punished according to the
damage to the property of another caused by the violation and shall be
graded as provided in § 39-14-105.
[Acts 2003, ch. 317, §§ 4, 8.]
39-14-604. Civil action — Damages, attorney fees, and costs. —
(a) Any person whose property or person is injured by reason of a
violation of any provision of this part may file a civil action and
recover for any damages sustained and the costs of the civil action.
Without limiting the generality of the term, "damages" shall include
loss of profits.
(b) If the injury arises from the transmission of unsolicited bulk
electronic mail, the injured person, other than an electronic mail
service provider, may also recover attorney's fees and costs, and may
elect, in lieu of actual damages, to recover the lesser of ten dollars
($10.00) for each and every unsolicited bulk electronic mail message
transmitted in violation of this part, or one thousand dollars ($1,000)
per day. The injured person shall not have a cause of action against the
electronic mail service provider that merely transmits the unsolicited
bulk electronic mail over its computer network.
(c) If the injury arises from the transmission of unsolicited bulk
electronic mail, an injured electronic mail service provider may also
recover attorney's fees and costs and may elect, in lieu of actual
damages, to recover the greater of ten dollars ($10.00) for each and
every unsolicited bulk electronic mail message transmitted in violation
of this part, or one thousand dollars ($1,000) per day.
(d) At the request of any party to an action brought pursuant to this
section, the court may, in its discretion, conduct all legal proceedings
in such a way as to protect the secrecy and security of the computer,
computer network, computer data, computer program, and computer software
involved in order to prevent possible recurrence of the same or a
similar act by another person and to protect any trade secrets of any
party. The provisions of this section shall not be construed to limit
any person's right to pursue any additional civil remedy otherwise
allowed by law.
[Acts 2003, ch. 317, § 5.]
39-14-605. Venue. —
For the purposes of venue under the provisions of this part, any
violation of this part shall be considered to have been committed:
(1) In any county in which any act was performed in furtherance of any
transaction violating this part;
(2) In any county in which any violator had control or possession of any
proceeds of the violation or of any books, records, documents, property,
financial instrument, computer software, computer program, or other
material, objects, or items which were used in furtherance of the
violation; and
(3) In any county from which, to which, or through which, any access to
a computer, computer system, or computer network was made, whether by
wire, electromagnetic waves, microwaves, or any other means of
communication.
[Acts 1989, ch. 591, § 1; T.C.A. § 39-14-603; Acts 2003, ch. 317, § 6.]
39-14-606. Transmission of electronic signals by a local exchange
company. —
The transmission of electronic signals by a local exchange company to
the extent that the local exchange company merely carries that
transmission over its network shall not be deemed to be the transmission
of unsolicited bulk electronic mail as prohibited by this part.
[Acts 2003, ch. 317, § 8.]
Texas
PENAL CODE
CHAPTER 33. COMPUTER CRIMES
§ 33.01. DEFINITIONS. In this chapter:
(1) "Access" means to approach, instruct, communicate
with, store data in, retrieve or intercept data from, alter data or
computer software in, or otherwise make use of any resource of a
computer, computer network, computer program, or computer system.
(2) "Aggregate amount" means the amount of:
(A) any direct or indirect loss incurred by a
victim, including the value of money, property, or service stolen
or rendered unrecoverable by the offense; or
(B) any expenditure required by the victim to
verify that a computer, computer network, computer program, or
computer system was not altered, acquired, damaged, deleted, or
disrupted by the offense.
(3) "Communications common carrier" means a person who
owns or operates a telephone system in this state that includes
equipment or facilities for the conveyance, transmission, or
reception of communications and who receives compensation from
persons who use that system.
(4) "Computer" means an electronic, magnetic,
optical, electrochemical, or other high-speed data processing
device that performs logical, arithmetic, or memory functions by
the manipulations of electronic or magnetic impulses and includes
all input, output, processing, storage, or communication
facilities that are connected or related to the device.
(5) "Computer network" means the interconnection of
two or more computers or computer systems by satellite, microwave,
line, or other communication medium with the capability to transmit
information among the computers.
(6) "Computer program" means an ordered set of data
representing coded instructions or statements that when executed by
a computer cause the computer to process data or perform specific
functions.
(7) "Computer services" means the product of the use
of a computer, the information stored in the computer, or the
personnel supporting the computer, including computer time, data
processing, and storage functions.
(8) "Computer system" means any combination of a
computer or computer network with the documentation, computer
software, or physical facilities supporting the computer or
computer network.
(9) "Computer software" means a set of computer
programs, procedures, and associated documentation related to the
operation of a computer, computer system, or computer network.
(10) "Computer virus" means an unwanted computer
program or other set of instructions inserted into a computer's
memory, operating system, or program that is specifically
constructed with the ability to replicate itself or to affect the
other programs or files in the computer by attaching a copy of the
unwanted program or other set of instructions to one or more
computer programs or files.
(11) "Data" means a representation of information,
knowledge, facts, concepts, or instructions that is being prepared
or has been prepared in a formalized manner and is intended to be
stored or processed, is being stored or processed, or has been
stored or processed in a computer. Data may be embodied in any
form, including but not limited to computer printouts, magnetic
storage media, laser storage media, and punchcards, or may be
stored internally in the memory of the computer.
(12) "Effective consent" includes consent by a person
legally authorized to act for the owner. Consent is not effective
if:
(A) induced by deception, as defined by Section
31.01, or induced by coercion;
(B) given by a person the actor knows is not
legally authorized to act for the owner;
(C) given by a person who by reason of youth,
mental disease or defect, or intoxication is known by the actor to
be unable to make reasonable property dispositions;
(D) given solely to detect the commission of an
offense; or
(E) used for a purpose other than that for which
the consent was given.
(13) "Electric utility" has the meaning assigned by
Section 31.002, Utilities Code.
(14) "Harm" includes partial or total alteration,
damage, or erasure of stored data, interruption of computer
services, introduction of a computer virus, or any other loss,
disadvantage, or injury that might reasonably be suffered as a
result of the actor's conduct.
(15) "Owner" means a person who:
(A) has title to the property, possession of the
property, whether lawful or not, or a greater right to possession of
the property than the actor;
(B) has the right to restrict access to the
property; or
(C) is the licensee of data or computer software.
(16) "Property" means:
(A) tangible or intangible personal property
including a computer, computer system, computer network, computer
software, or data; or
(B) the use of a computer, computer system,
computer network, computer software, or data.
§ 33.02. BREACH OF COMPUTER SECURITY. (a) A person
commits an offense if the person knowingly accesses a computer,
computer network, or computer system without the effective consent
of the owner.
(b) An offense under this section is a Class B misdemeanor
unless in committing the offense the actor knowingly obtains a
benefit, defrauds or harms another, or alters, damages, or deletes
property, in which event the offense is:
(1) a Class A misdemeanor if the aggregate amount
involved is less than $1,500;
(2) a state jail felony if:
(A) the aggregate amount involved is $1,500 or
more but less than $20,000; or
(B) the aggregate amount involved is less than
$1,500 and the defendant has been previously convicted two or more
times of an offense under this chapter;
(3) a felony of the third degree if the aggregate
amount involved is $20,000 or more but less than $100,000;
(4) a felony of the second degree if the aggregate
amount involved is $100,000 or more but less than $200,000; or
(5) a felony of the first degree if the aggregate
amount involved is $200,000 or more.
(c) When benefits are obtained, a victim is defrauded or
harmed, or property is altered, damaged, or deleted in violation of
this section, whether or not in a single incident, the conduct may
be considered as one offense and the value of the benefits obtained
and of the losses incurred because of the fraud, harm, or
alteration, damage, or deletion of property may be aggregated in
determining the grade of the offense.
(d) A person who his subject to prosecution under this
section and any other section of this code may be prosecuted under
either or both sections.
§ 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this
section:
(1) "Minor" means:
(A) an individual who represents himself or
herself to be younger than 17 years of age; or
(B) an individual whom the actor believes to be
younger than 17 years of age.
(2) "Sexual contact," "sexual intercourse," and
"deviate sexual intercourse" have the meanings assigned by Section
21.01.
(3) "Sexually explicit" means any communication,
language, or material, including a photographic or video image,
that relates to or describes sexual conduct, as defined by Section
43.25.
(b) A person who is 17 years of age or older commits an
offense if, with the intent to arouse or gratify the sexual desire
of any person, the person, over the Internet, by electronic mail or
text message or other electronic message service or system, or
through a commercial online service, intentionally:
(1) communicates in a sexually explicit manner with a
minor; or
(2) distributes sexually explicit material to a minor.
(c) A person commits an offense if the person, over the
Internet, by electronic mail or text message or other electronic
message service or system, or through a commercial online service,
knowingly solicits a minor to meet another person, including the
actor, with the intent that the minor will engage in sexual contact,
sexual intercourse, or deviate sexual intercourse with the actor or
another person.
(d) It is not a defense to prosecution under Subsection (c)
that:
(1) the meeting did not occur;
(2) the actor did not intend for the meeting to occur;
or
(3) the actor was engaged in a fantasy at the time of
commission of the offense.
(e) It is a defense to prosecution under this section that
at the time conduct described by Subsection (b) or (c) was
committed:
(1) the actor was married to the minor; or
(2) the actor was not more than three years older than
the minor and the minor consented to the conduct.
(f) An offense under Subsection (b) is a felony of the third
degree, except that the offense is a felony of the second degree if
the minor is younger than 14 years of age or is an individual whom
the actor believes to be younger than 14 years of age at the time of
the commission of the offense. An offense under Subsection (c) is
a felony of the second degree.
(g) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section, the other law, or both.
Added by Acts 2005, 79th Leg., Ch. 1273, § 1, eff. June 18, 2005.
§ 33.03. DEFENSES. It is an affirmative defense to
prosecution under Section 33.02 that the actor was an officer,
employee, or agent of a communications common carrier or electric
utility and committed the proscribed act or acts in the course of
employment while engaged in an activity that is a necessary
incident to the rendition of service or to the protection of the
rights or property of the communications common carrier or electric
utility.
Added by Acts 1985, 69th Leg., ch. 600, § 1, eff. Sept. 1, 1985.
Renumbered from Penal Code § 33.04 and amended by Acts 1993, 73rd
Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
§ 33.04. ASSISTANCE BY ATTORNEY GENERAL. The attorney
general, if requested to do so by a prosecuting attorney, may assist
the prosecuting attorney in the investigation or prosecution of an
offense under this chapter or of any other offense involving the use
of a computer.
§ 33.05. TAMPERING WITH DIRECT RECORDING ELECTRONIC
VOTING MACHINE. (a) In this section:
(1) "Direct recording electronic voting machine" has
the meaning assigned by Section 121.003, Election Code.
(2) "Measure" has the meaning assigned by Section
1.005, Election Code.
(b) A person commits an offense if the person knowingly
accesses a computer, computer network, computer program, computer
software, or computer system that is a part of a voting system that
uses direct recording electronic voting machines and by means of
that access:
(1) prevents a person from lawfully casting a vote;
(2) changes a lawfully cast vote;
(3) prevents a lawfully cast vote from being counted;
or
(4) causes a vote that was not lawfully cast to be
counted.
(c) An offense under this section does not require that the
votes as affected by the person's actions described by Subsection
(b) actually be the votes used in the official determination of the
outcome of the election.
(d) An offense under this section is a felony of the first
degree.
(e) Notwithstanding Section 15.01(d), an offense under
Section 15.01(a) is a felony of the third degree if the offense the
actor intends to commit is an offense under this section.
Added by Acts 2005, 79th Leg., Ch. 470, § 1, eff. September 1,
2005.
Utah
76-6-702. Definitions.
As used in this part:
(1) "Access" means to directly or indirectly use, attempt to use,
instruct, communicate with, cause input to, cause output from, or
otherwise make use of any resources of a computer, computer system,
computer network, or any means of communication with any of them.
(2) "Authorization" means having the express or implied consent or
permission of the owner, or of the person authorized by the owner to
give consent or permission to access a computer, computer system, or
computer network in a manner not exceeding the consent or permission.
(3) "Computer" means any electronic device or communication facility
that stores, retrieves, processes, or transmits data.
(4) "Computer system" means a set of related, connected or unconnected,
devices, software, or other related computer equipment.
(5) "Computer network" means:
(a) the interconnection of communication or telecommunication lines
between:
(i) computers; or
(ii) computers and remote terminals; or
(b) the interconnection by wireless technology between:
(i) computers; or
(ii) computers and remote terminals.
(6) "Computer property" includes electronic impulses, electronically
produced data, information, financial instruments, software, or
programs, in either machine or human readable form, any other tangible
or intangible item relating to a computer, computer system, computer
network, and copies of any of them.
(7) "Confidential" means data, text, or computer property that is
protected by a security system that clearly evidences that the owner or
custodian intends that it not be available to others without the owner's
or custodian's permission.
(8) "Information" does not include information obtained:
(a) through use of:
(i) an electronic product identification or tracking system; or
(ii) other technology used by a retailer to identify, track, or price
goods; and
(b) by a retailer through the use of equipment designed to read the
electronic product identification or tracking system data located within
the retailer's location.
(9) "License or entitlement" includes:
(a) licenses, certificates, and permits granted by governments;
(b) degrees, diplomas, and grades awarded by educational institutions;
(c) military ranks, grades, decorations, and awards;
(d) membership and standing in organizations and religious institutions;
(e) certification as a peace officer;
(f) credit reports; and
(g) another record or datum upon which a person may be reasonably
expected to rely in making decisions that will have a direct benefit or
detriment to another.
(10) "Security system" means a computer, computer system, network, or
computer property that has some form of access control technology
implemented, such as encryption, password protection, other forced
authentication, or access control designed to keep out
unauthorized persons.
(11) "Services" include computer time, data manipulation, and storage
functions.
(12) "Financial instrument" includes any check, draft, money order,
certificate of deposit, letter of credit, bill of exchange, electronic
fund transfer, automated clearing house transaction, credit card, or
marketable security.
(13) "Software" or "program" means a series of instructions or
statements in a form acceptable to a computer, relating to the
operations of the computer, or permitting the functioning of a computer
system in a manner designed to provide results including system control
programs, application programs, or copies of any of them.
Amended by Chapter 72, 2005 General Session
76-6-703. Computer crimes and penalties.
(1) A person who without authorization gains or attempts to gain access
to and alters, damages, destroys, discloses, or modifies any computer,
computer network, computer property, computer system, computer program,
computer data or software, and thereby causes damage to another, or
obtains money, property, information, or a benefit for any person
without legal right, is guilty of:
(a) a class B misdemeanor when:
(i) the damage caused or the value of the money, property, or benefit
obtained or sought to be obtained is less than $300; or
(ii) the information obtained is not confidential;
(b) a class A misdemeanor when the damage caused or the value of the
money, property, or benefit obtained or sought to be obtained is or
exceeds $300 but is less than $1,000;
(c) a third degree felony when the damage caused or the value of the
money, property, or benefit obtained or sought to be obtained is or
exceeds $1,000 but is less than $5,000;
(d) a second degree felony when the damage caused or the value of the
money, property, or benefit obtained or sought to be obtained is or
exceeds $5,000; or
(e) a third degree felony when:
(i) the property or benefit obtained or sought to be obtained is a
license or entitlement;
(ii) the damage is to the license or entitlement of another person; or
(iii) the information obtained is confidential; or
(iv) in gaining access the person breaches or breaks through a security
system.
(2) (a) Except as provided in Subsection (2)(b), a person who
intentionally or knowingly and without authorization gains or attempts
to gain access to a computer, computer network, computer property, or
computer system under circumstances not otherwise constituting an
offense under this section is guilty of a class B misdemeanor.
(b) Notwithstanding Subsection (2)(a), a retailer that uses an
electronic product identification or tracking system, or other
technology to identify, track, or price goods is not guilty of a
violation of Subsection (2)(a) if the equipment designed to read the
electronic product identification or tracking system data and used by
the retailer to identify, track, or price goods is located within the
retailer's location.
(3) A person who uses or knowingly allows another person to use any
computer, computer network, computer property, or computer system,
program, or software to devise or execute any artifice or scheme to
defraud or to obtain money, property, services, or other things of value
by false pretenses, promises, or representations, is guilty of an
offense based on the value of the money, property, services, or things
of value, in the degree set forth in Subsection 76-10-1801(1).
(4) A person who intentionally or knowingly and without authorization,
interferes with or interrupts computer services to another authorized to
receive the services is guilty of a class A misdemeanor.
(5) It is an affirmative defense to Subsections (1) and (2) that a
person obtained access or attempted to obtain access in response to, and
for the purpose of protecting against or investigating, a prior
attempted or successful breach of security of a computer, computer
network, computer property, computer system whose security the person is
authorized or entitled to protect, and the access attempted or obtained
was no greater than reasonably necessary for that purpose.
Vermont
Title 13: Crimes and Criminal Procedure
Chapter 87: Computer Crimes
4101. Definitions
§ 4101. Definitions
As used in this chapter:
(1) "Access" means to instruct, communicate with, store data in, enter
data in, retrieve data from, or otherwise make use of any resources of a
computer, computer system, or computer network.
(2) "Computer" means an electronic device which performs logical,
arithmetic, and memory functions by the manipulations of electronic,
photonic or magnetic impulses, and includes all input, output,
processing, storage, software, or communications facilities which are
connected or related to such a device in a system or network, including
devices available to the public for limited or designated use or other
devices used to access or connect to such a system or network.
(3) "Computer network" means the interconnection of remote user
terminals with a computer through communications lines, or a complex
consisting of two or more interconnected computers.
(4) "Computer program" means a series of instructions or statements or
related data that, in actual or modified form, is capable of causing a
computer or a computer system to perform specified functions in a form
acceptable to a computer, which permits the functioning of a computer
system in a manner designed to provide appropriate products from such
computer system.
(5) "Computer software" means a set of computer programs, procedures,
and associated documentation concerned with the operation of a computer
system.
(6) "Computer system" means a set of connected computer equipment,
devices and software.
(7) "Data" means any representation of information, knowledge, facts,
concepts, or instructions which are being prepared or have been prepared
and are intended to be entered, processed, or stored, are being entered,
processed, or stored, or have been entered, processed, or stored in a
computer, computer system, or computer network.
(8) "Property" includes electronically-produced data, and computer
software and programs in either machine or human readable form, and any
other tangible or intangible item of value.
(9) "Services" includes computer time, data processing, and storage
functions. (Added 1999, No. 35, § 1.)
§ 4102. Unauthorized access
A person who knowingly and intentionally and without lawful authority,
accesses any computer, computer system, computer network, computer
software, computer program, or data contained in such computer, computer
system, computer program, or computer network shall be imprisoned not
more than six months or fined not more than $500.00, or both. (Added
1999, No. 35, § 1.)
§ 4103. Access to computer for fraudulent purposes
(a) A person shall not intentionally and without lawful authority access
or cause to be accessed any computer, computer system, or computer
network for any of the following purposes:
(1) executing any scheme or artifice to defraud;
(2) obtaining money, property, or services by means of false or
fraudulent pretenses, representations, or promises; or
(3) in connection with any scheme or artifice to defraud, damaging,
destroying, altering, deleting, copying, retrieving, interfering with or
denial of access to, or removing any program or data contained therein.
(b) Penalties. A person convicted of the crime of access to computer for
fraudulent purposes shall be:
(1) if the value of the matter involved does not exceed $500.00,
imprisoned not more than one year or fined not more than $500.00, or
both;
(2) if the value of the matter involved does not exceed $500.00, for a
second or subsequent offense, imprisoned not more than two years or
fined not more than $1,000.00, or both; or
(3) if the value of the matter involved exceeds $500.00, imprisoned not
more than ten years or fined not more than $10,000.00, or both. (Added
1999, No. 35, § 1.)
§ 4104. Alteration, damage, or interference
(a) A person shall not intentionally and without lawful authority,
alter, damage, or interfere with the operation of any computer, computer
system, computer network, computer software, computer program, or data
contained in such computer, computer system, computer program, or
computer network.
(b) Penalties. A person convicted of violating this section shall be:
(1) if the damage or loss does not exceed $500.00 for a first offense,
imprisoned not more than one year or fined not more than $500.00, or
both;
(2) if the damage or loss does not exceed $500.00 for a second or
subsequent offense, imprisoned not more than two years or fined not more
than $1,000.00, or both; or
(3) if the damage or loss exceeds $500.00, imprisoned not more than ten
years or fined not more than $10,000.00, or both. (Added 1999, No. 35, §
1.)
§ 4105. Theft or destruction
(a)(1) A person shall not intentionally and without claim of right
deprive the owner of possession, take, transfer, copy, conceal, or
retain possession of, or intentionally and without lawful authority,
destroy any computer system, computer network, computer software,
computer program, or data contained in such computer, computer system,
computer program, or computer network.
(2) Copying a commercially available computer program or computer
software is not a crime under this section, provided that the computer
program and computer software has a retail value of $500.00 or less and
is not copied for resale.
(b) Penalties. A person convicted of violating this section shall be:
(1) if the damage or loss does not exceed $500.00 for a first offense,
imprisoned not more than one year or fined not more than $500.00, or
both;
(2) if the damage or loss does not exceed $500.00 for a second or
subsequent offense, imprisoned not more than two years or fined not more
than $1,000.00 or both; or
(3) if the damage or loss exceeds $500.00, imprisoned not more than ten
years or fined not more than $10,000.00, or both. (Added 1999, No. 35, §
1.)
§ 4106. Civil liability
A person damaged as a result of a violation of this chapter may bring a
civil action against the violator for damages and such other relief as
the court deems appropriate. (Added 1999, No. 35, § 1.)
§ 4107. Venue
For the purposes of venue under this chapter, any violation of this
chapter shall be considered to have been committed in the state of
Vermont if the state of Vermont is the state from which or to which any
use of a computer or computer network was made, whether by wires,
electromagnetic waves, microwaves, or any other means of communication.
(Added 1999, No. 35, § 1.)
Virginia
§ 18.2-152.2. Definitions.
For purposes of this article:
"Computer" means a device that accepts information in digital or similar
form and manipulates it for a result based on a sequence of
instructions. Such term does not include simple calculators, automated
typewriters, facsimile machines, or any other specialized computing
devices that are preprogrammed to perform a narrow range of functions
with minimal end-user or operator intervention and are dedicated to a
specific task.
"Computer data" means any representation of information, knowledge,
facts, concepts, or instructions which is being prepared or has been
prepared and is intended to be processed, is being processed, or has
been processed in a computer or computer network. "Computer data" may be
in any form, whether readable only by a computer or only by a human or
by either, including, but not limited to, computer printouts, magnetic
storage media, punched cards, or stored internally in the memory of the
computer.
"Computer network" means two or more computers connected by a network.
"Computer operation" means arithmetic, logical, monitoring, storage or
retrieval functions and any combination thereof, and includes, but is
not limited to, communication with, storage of data to, or retrieval of
data from any device or human hand manipulation of electronic or
magnetic impulses. A "computer operation" for a particular computer may
also be any function for which that computer was generally designed.
"Computer program" means an ordered set of data representing coded
instructions or statements that, when executed by a computer, causes the
computer to perform one or more computer operations.
"Computer services" means computer time or services, including data
processing services, Internet services, electronic mail services,
electronic message services, or information or data stored in connection
therewith.
"Computer software" means a set of computer programs, procedures and
associated documentation concerned with computer data or with the
operation of a computer, computer program, or computer network.
"Electronic mail service provider" (EMSP) means any person who (i) is an
intermediary in sending or receiving electronic mail and (ii) provides
to end-users of electronic mail services the ability to send or receive
electronic mail.
"Financial instrument" includes, but is not limited to, any check,
draft, warrant, money order, note, certificate of deposit, letter of
credit, bill of exchange, credit or debit card, transaction
authorization mechanism, marketable security, or any computerized
representation thereof.
"Network" means any combination of digital transmission facilities and
packet switches, routers, and similar equipment interconnected to enable
the exchange of computer data.
"Owner" means an owner or lessee of a computer or a computer network or
an owner, lessee, or licensee of computer data, computer programs or
computer software.
"Person" shall include any individual, partnership, association,
corporation or joint venture.
"Property" shall include:
1. Real property;
2. Computers and computer networks;
3. Financial instruments, computer data, computer programs, computer
software and all other personal property regardless of whether they are:
a. Tangible or intangible;
b. In a format readable by humans or by a computer;
c. In transit between computers or within a computer network or between
any devices which comprise a computer; or
d. Located on any paper or in any device on which it is stored by a
computer or by a human; and
4. Computer services.
A person "uses" a computer or computer network when he attempts to cause
or causes a computer or computer network to perform or to stop
performing computer operations.
A person is "without authority" when he knows or reasonably should know
that he has no right or permission or knowingly acts in a manner
exceeding such right or permission.
(1984, c. 751; 1999, cc. 886, 904, 905; 2000, c. 627; 2003, cc. 987,
1016; 2005, cc. 761, 812, 827.)
§ 18.2-152.3. Computer fraud; penalty.
Any person who uses a computer or computer network, without authority
and:
1. Obtains property or services by false pretenses;
2. Embezzles or commits larceny; or
3. Converts the property of another;
is guilty of the crime of computer fraud.
If the value of the property or services obtained is $200 or more, the
crime of computer fraud shall be punishable as a Class 5 felony. Where
the value of the property or services obtained is less than $200, the
crime of computer fraud shall be punishable as a Class 1 misdemeanor.
(1984, c. 751; 1985, c. 322; 2003, cc. 987, 1016; 2005, cc. 747, 761,
827, 837.)
§ 18.2-152.4. Computer trespass; penalty.
A. It shall be unlawful for any person, with malicious intent, to:
1. Temporarily or permanently remove, halt, or otherwise disable any
computer data, computer programs or computer software from a computer or
computer network;
2. Cause a computer to malfunction, regardless of how long the
malfunction persists;
3. Alter, disable, or erase any computer data, computer programs or
computer software;
4. Effect the creation or alteration of a financial instrument or of an
electronic transfer of funds;
5. Use a computer or computer network to cause physical injury to the
property of another;
6. Use a computer or computer network to make or cause to be made an
unauthorized copy, in any form, including, but not limited to, any
printed or electronic form of computer data, computer programs or
computer software residing in, communicated by, or produced by a
computer or computer network;
7. —Repealed.]
8. Install or cause to be installed, or collect information through,
computer software that records all or a majority of the keystrokes made
on the computer of another without the computer owner's authorization;
or
9. Install or cause to be installed on the computer of another, computer
software for the purpose of (i) taking control of that computer so that
it can cause damage to another computer or (ii) disabling or disrupting
the ability of the computer to share or transmit instructions or data to
other computers or to any related computer equipment or devices,
including but not limited to printers, scanners, or fax machines.
B. Any person who violates this section is guilty of computer trespass,
which shall be a Class 1 misdemeanor. If there is damage to the property
of another valued at $1,000 or more caused by such person's act in
violation of this section, the offense shall be a Class 6 felony. If a
person installs or causes to be installed computer software in violation
of this section on more than five computers of another, the offense
shall be a Class 6 felony. If a person violates subdivision A 8, the
offense shall be a Class 6 felony.
C. Nothing in this section shall be construed to interfere with or
prohibit terms or conditions in a contract or license related to
computers, computer data, computer networks, computer operations,
computer programs, computer services, or computer software or to create
any liability by reason of terms or conditions adopted by, or technical
measures implemented by, a Virginia-based electronic mail service
provider to prevent the transmission of unsolicited electronic mail in
violation of this article. Nothing in this section shall be construed to
prohibit the monitoring of computer usage of, the otherwise lawful
copying of data of, or the denial of computer or Internet access to a
minor by a parent or legal guardian of the minor.
(1984, c. 751; 1985, c. 322; 1990, c. 663; 1998, c. 892; 1999, cc. 886,
904, 905; 2002, c. 195; 2003, cc. 987, 1016; 2005, cc. 761, 812, 827;
2007, c. 483.)
§ 18.2-152.5. Computer invasion of privacy; penalties.
A. A person is guilty of the crime of computer invasion of privacy when
he uses a computer or computer network and intentionally examines
without authority any employment, salary, credit or any other financial
or identifying information, as defined in clauses (iii) through (xiii)
of subsection C of § 18.2-186.3, relating to any other person.
"Examination" under this section requires the offender to review the
information relating to any other person after the time at which the
offender knows or should know that he is without authority to view the
information displayed.
B. The crime of computer invasion of privacy shall be punishable as a
Class 1 misdemeanor.
C. Any person who violates this section after having been previously
convicted of a violation of this section or any substantially similar
laws of any other state or of the United States is guilty of a Class 6
felony.
D. Any person who violates this section and sells or distributes such
information to another is guilty of a Class 6 felony.
E. Any person who violates this section and uses such information in the
commission of another crime is guilty of a Class 6 felony.
F. This section shall not apply to any person collecting information
that is reasonably needed to (i) protect the security of a computer,
computer service, or computer business, or to facilitate diagnostics or
repair in connection with such computer, computer service, or computer
business or (ii) determine whether the computer user is licensed or
authorized to use specific computer software or a specific computer
service.
(1984, c. 751; 1985, c. 398; 2001, c. 358; 2005, cc. 747, 761, 827,
837.)
§ 18.2-152.5:1. Using a computer to gather identifying information;
penalties.
A. It is unlawful for any person, other than a law-enforcement officer,
as defined in § 9.1-101, and acting in the performance of his official
duties, to use a computer to obtain, access, or record, through the use
of material artifice, trickery or deception, any identifying
information, as defined in clauses (iii) through (xiii) of subsection C
of § 18.2-186.3. Any person who violates this section is guilty of a
Class 6 felony.
B. Any person who violates this section and sells or distributes such
information to another is guilty of a Class 5 felony.
C. Any person who violates this section and uses such information in the
commission of another crime is guilty of a Class 5 felony.
(2005, cc. 747, 760, 761, 827, 837.)
§ 18.2-152.6. Theft of computer services; penalties.
Any person who willfully obtains computer services without authority is
guilty of the crime of theft of computer services, which shall be
punishable as a Class 1 misdemeanor. If the theft of computer services
is valued at $2,500 or more, he is guilty of a Class 6 felony.
(1984, c. 751; 1985, c. 322; 2003, cc. 987, 1016; 2005, cc. 746, 761,
827.)
§ 18.2-152.7. Personal trespass by computer; penalty.
A. A person is guilty of the crime of personal trespass by computer when
he uses a computer or computer network to cause physical injury to an
individual.
B. If committed maliciously, the crime of personal trespass by computer
shall be punishable as a Class 3 felony. If such act is done unlawfully
but not maliciously, the crime of personal trespass by computer shall be
punishable as a Class 6 felony.
(1984, c. 751; 1985, c. 322; 2003, cc. 987, 1016; 2005, cc. 746, 761,
827.)
§ 18.2-152.8. Property capable of embezzlement.
For purposes of §§ 18.2-95, 18.2-96, 18.2-108, and 18.2-111, personal
property subject to embezzlement, larceny, or receiving stolen goods
shall include:
1. Computers and computer networks;
2. Financial instruments, computer data, computer programs, computer
software and all other personal property regardless of whether they are:
a. Tangible or intangible;
b. In a format readable by humans or by a computer;
c. In transit between computers or within a computer network or between
any devices which comprise a computer; or
d. Located on any paper or in any device on which it is stored by a
computer or by a human; and
3. Computer services.
(1984, c. 751; 2005, cc. 746, 761, 827.)
§ 18.2-152.12. Civil relief; damages.
A. Any person whose property or person is injured by reason of a
violation of any provision of this article or by any act of computer
trespass set forth in subdivisions A 1 through A 6 of § 18.2-152.4
regardless of whether such act is committed with malicious intent may
sue therefor and recover for any damages sustained and the costs of
suit. Without limiting the generality of the term, "damages" shall
include loss of profits.
B. If the injury under this article arises from the transmission of
unsolicited bulk electronic mail in contravention of the authority
granted by or in violation of the policies set by the electronic mail
service provider where the defendant has knowledge of the authority or
policies of the EMSP or where the authority or policies of the EMSP are
available on the electronic mail service provider's website, the injured
person, other than an electronic mail service provider, may also recover
attorneys' fees and costs, and may elect, in lieu of actual damages, to
recover the lesser of $10 for each and every unsolicited bulk electronic
mail message transmitted in violation of this article, or $25,000 per
day. The injured person shall not have a cause of action against the
electronic mail service provider that merely transmits the unsolicited
bulk electronic mail over its computer network. Transmission of
electronic mail from an organization to its members shall not be deemed
to be unsolicited bulk electronic mail.
C. If the injury under this article arises from the transmission of
unsolicited bulk electronic mail in contravention of the authority
granted by or in violation of the policies set by the electronic mail
service provider where the defendant has knowledge of the authority or
policies of the EMSP or where the authority or policies of the EMSP are
available on the electronic mail service provider's website, an injured
electronic mail service provider may also recover attorneys' fees and
costs, and may elect, in lieu of actual damages, to recover $1 for each
and every intended recipient of an unsolicited bulk electronic mail
message where the intended recipient is an end user of the EMSP or
$25,000 for each day an attempt is made to transmit an unsolicited bulk
electronic mail message to an end user of the EMSP. In calculating the
statutory damages under this provision, the court may adjust the amount
awarded as necessary, but in doing so shall take into account the number
of complaints to the EMSP generated by the defendant's messages, the
defendant's degree of culpability, the defendant's prior history of such
conduct, and the extent of economic gain resulting from the conduct.
Transmission of electronic mail from an organization to its members
shall not be deemed to be unsolicited bulk electronic mail.
D. At the request of any party to an action brought pursuant to this
section, the court may, in its discretion, conduct all legal proceedings
in such a way as to protect the secrecy and security of the computer,
computer network, computer data, computer program and computer software
involved in order to prevent possible recurrence of the same or a
similar act by another person and to protect any trade secrets of any
party and in such a way as to protect the privacy of nonparties who
complain about violations of this section.
E. The provisions of this article shall not be construed to limit any
person's right to pursue any additional civil remedy otherwise allowed
by law.
F. A civil action under this section must be commenced before expiration
of the time period prescribed in § 8.01-40.1. In actions alleging injury
arising from the transmission of unsolicited bulk electronic mail,
personal jurisdiction may be exercised pursuant to § 8.01-328.1.
(1984, c. 751; 1985, c. 92; 1999, cc. 886, 904, 905; 2003, cc. 987,
1016; 2005, cc. 746, 761, 827.)
§ 19.2-249.2. Venue for prosecution of computer crimes.
For the purpose of venue under the Virginia Computer Crimes Act (§
18.2-152.1 et seq.), any violation of the article shall be considered to
have been committed in any county or city:
1. In which any act was performed in furtherance of any course of
conduct that violated this article;
2. In which the owner has his principal place of business in the
Commonwealth;
3. In which any offender had control or possession of any proceeds of
the violation or of any books, records, documents, property, financial
instrument, computer software, computer program, computer data, or other
material or objects that were used in furtherance of the violation;
4. From which, to which, or through which any access to a computer or
computer network was made whether by wires, electromagnetic waves,
microwaves, optics or any other means of communication;
5. In which the offender resides; or
6. In which any computer that is an object or an instrument of the
violation is located at the time of the alleged offense.
(2005, cc. 746, 761, 827.)
Washington
RCW 9A.52.110
Computer trespass in the first degree.
(1) A person is guilty of computer trespass in the first degree if the
person, without authorization, intentionally gains access to a computer
system or electronic database of another; and
(a) The access is made with the intent to commit another crime; or
(b) The violation involves a computer or database maintained by a
government agency.
(2) Computer trespass in the first degree is a class C felony.
[1984 c 273 § 1.]
RCW 9A.52.120
Computer trespass in the second degree.
(1) A person is guilty of computer trespass in the second degree if the
person, without authorization, intentionally gains access to a computer
system or electronic database of another under circumstances not
constituting the offense in the first degree.
(2) Computer trespass in the second degree is a gross misdemeanor.
[1984 c 273 § 2.]
RCW 9A.52.130
Computer trespass — Commission of other crime.
A person who, in the commission of a computer trespass, commits any
other crime may be punished for that other crime as well as for the
computer trespass and may be prosecuted for each crime separately.
[1984 c 273 § 3.]
Notes:
Physical damage to computer programs: RCW 9A.48.100.
West Virginia
I'm having a hard time Googling up the text of the statutes, § 61-3C-3,
61-3C-4, 61-3C-5, 61-3C-6, 61-3C-7, 61-3C-8, 61-3C-9, 61-3C-10,
61-3C-11, 61-3C-12 are some of the applicable ones. You can try
searching on
http://www.legis.state.wv.us/WVCODE/masterfrm3Banner.cfm
Wisconsin
APPENDIX A – WI STAT 943.70 COMPUTER CRIMES
(1) Definitions. In this section: 943.70(1)(a)
(a) "Computer" means an electronic device that performs logical,
arithmetic and memory
functions by manipulating electronic or magnetic impulses, and includes
all input, output,
processing, storage, computer software and communication facilities that
are connected
or related to a computer in a computer system or computer network. 943.70(1)(b)
(b) "Computer network" means the interconnection of communication lines
with a
computer through remote terminals or a complex consisting of 2 or more
interconnected
computers. 943.70(1)(c)
(c) "Computer program" means an ordered set of instructions or
statements that, when
executed by a computer, causes the computer to process data. 943.70(1)(d)
(d) "Computer software" means a set of computer programs, procedures or
associated
documentation used in the operation of a computer system. 943.70(1)(dm)
(dm) "Computer supplies" means punchcards, paper tape, magnetic tape,
disk packs,
diskettes and computer output, including paper and microform. 943.70(1)(e)
(e) "Computer system" means a set of related computer equipment,
hardware or
software. 943.70(1)(f)
(f) "Data" means a representation of information, knowledge, facts,
concepts or
instructions that has been prepared or is being prepared in a formalized
manner and has
been processed, is being processed or is intended to be processed in a
computer
system or computer network. Data may be in any form including computer
printouts,
magnetic storage media, punched cards and as stored in the memory of the
computer.
Data are property.
943.70(1)(g)
(g) "Financial instrument" includes any check, draft, warrant, money
order, note,
certificate of deposit, letter of credit, bill of exchange, credit or
credit card, transaction
authorization mechanism, marketable security and any computer
representation of them.
943.70(1)(h)
(h) "Property" means anything of value, including but not limited to
financial instruments,
information, electronically produced data, computer software and
computer programs.
943.70(1)(i)
(i) "Supporting documentation" means all documentation used in the
computer system in
the construction, clarification, implementation, use or modification of
the software or
data. 943.70(2)
(2) Offenses against computer data and programs. 943.70(2)(a)
(a) Whoever willfully, knowingly and without authorization does any of
the following may
be penalized as provided in par. (b): 943.70(2)(a)1.
1. Modifies data, computer programs or supporting documentation. 943.70(2)(a)2.
2. Destroys data, computer programs or supporting documentation. 943.70(2)(a)3.
3. Accesses data, computer programs or supporting documentation. 943.70(2)(a)4.
4. Takes possession of data, computer programs or supporting
documentation. 943.70(2)(a)5.
5. Copies data, computer programs or supporting documentation. 943.70(2)(a)6.
6. Discloses restricted access codes or other restricted access
information to
unauthorized persons. 943.70(2)(b)
(b) Whoever violates this subsection is guilty of:
943.70(2)(b)1.
1. A Class A misdemeanor unless subd. 2., 3. or 4. applies. 943.70(2)(b)2.
2. A Class E felony if the offense is committed to defraud or to obtain
property. 943.70(2)(b)3.
3. A Class D felony if the damage is greater than $2,500 or if it causes
an interruption or
impairment of governmental operations or public communication, of
transportation or of
a supply of water, gas or other public service. 943.70(2)(b)4.
4. A Class C felony if the offense creates a substantial and
unreasonable risk of death or
great bodily harm to another. 943.70(3)
(3) Offenses against computers, computer equipment or supplies.
943.70(3)(a)
(a) Whoever willfully, knowingly and without authorization does any of
the following may
be penalized as provided in par. (b): 943.70(3)(a)1.
1. Modifies computer equipment or supplies that are used or intended to
be used in a
computer, computer system or computer network. 943.70(3)(a)2.
2. Destroys, uses, takes or damages a computer, computer system,
computer network
or equipment or supplies used or intended to be used in a computer,
computer system
or computer network. 943.70(3)(b)
(b) Whoever violates this subsection is guilty of: 943.70(3)(b)1.
1. A Class A misdemeanor unless subd. 2., 3. or 4. applies. 943.70(3)(b)2.
2. A Class E felony if the offense is committed to defraud or obtain
property. 943.70(3)(b)3.
3. A Class D felony if the damage to the computer, computer system,
computer network,
equipment or supplies is greater than $2,500. 943.70(3)(b)4.
4. A Class C felony if the offense creates a substantial and
unreasonable risk of death or
great bodily harm to another. 943.70(4)
(4) Computer use restriction. In addition to the other penalties
provided for violation of
this section, a judge may place restrictions on the offender's use of
computers. The
duration of any such restrictions may not exceed the maximum period for
which the
offender could have been imprisoned; except if the offense is punishable
by forfeiture,
the duration of the restrictions may not exceed 90 days. 943.70(5)
(5) Injunctive relief. Any aggrieved party may sue for injunctive relief
under ch. 813 to
compel compliance with this section. In addition, owners, lessors, users
or
manufacturers of computers, or associations or organizations
representing any of those
persons, may sue for injunctive relief to prevent or stop the disclosure
of information
which may enable another person to gain unauthorized access to data,
computer
programs or supporting documentation.
History: 1981 c. 293; 1983 a. 438, 541; 1987 a. 399.
Judicial Council Note, 1988: [In (2) (b) 4. And (3) (b) 4.] The words
"substantial risk"
are substituted for "high probability" to avoid any inference that a
statistical likelihood
greater than 50% was ever intended. [Bill 191 – S]
Criminal liability for computer offenses and the new Wisconsin computer
crimes act.
Levy. WBB March 1983.
Wyoming
ARTICLE 5 - COMPUTER CRIMES
6-3-501. Definitions.
(a) As used in this article:
(i) "Access" means to approach, instruct, communicate with, store data
in, retrieve data from, or otherwise make use of any resources of a
computer, computer system or computer network;
(ii) "Computer" means an internally programmed, automatic device which
performs data processing;
(iii) "Computer network" means a set of related, remotely connected
devices and communication facilities including more than one (1)
computer system with capability to transmit data among them through
communication facilities;
(iv) "Computer program" means an ordered set of data representing coded
instructions or statements which when executed by a computer cause the
computer to process data;
(v) "Computer software" means a set of computer programs, procedures and
associated documentation concerned with the operation of a computer
system;
(vi) "Computer system" means a set of related, connected or unconnected,
computer equipment, devices or computer software;
(vii) "Computer system services" means providing a computer system or
computer network to perform useful work;
(viii) "Financial instrument" means a check, draft, money order,
certificate of deposit, letter of credit, bill of exchange, credit card
or marketable security;
(ix) "Intellectual property" means data, including programs;
(x) "Property" includes financial instruments, information,
electronically produced data, computer software and programs in
machine-readable or human-readable form;
(xi) "Trade secret" means the whole or a portion or phase of a formula,
pattern, device, combination of devices or compilation of information
which is for use, or is used in the operation of a business and which
provides the business an advantage or an opportunity to obtain an
advantage over those who do not know or use it. "Trade secret" includes
any scientific, technical or commercial information including any
design, process, procedure, list of suppliers, list of customers,
business code or improvement thereof. Irrespective of novelty,
invention, patentability, the state of the prior art and the level of
skill in the business, art or field to which the subject matter
pertains, when the owner of a trade secret takes measures to prevent it
from becoming available to persons other than those selected by the
owner to have access to it for limited purposes, the trade secret is
considered to be:
(A) Secret;
(B) Of value;
(C) For use or in use by the business; and
(D) Providing an advantage or an opportunity to obtain an advantage to
the business over those who do not know or use it.
6-3-502. Crimes against intellectual property; penalties.
(a) A person commits a crime against intellectual property if he
knowingly and without authorization:
(i) Modifies data, programs or supporting documentation residing or
existing internal or external to a computer, computer system or computer
network;
(ii) Destroys data, programs or supporting documentation residing or
existing internal or external to a computer, computer system or computer
network;
(iii) Discloses or takes data, programs, or supporting documentation
having a value of more than seven hundred fifty dollars ($750.00) and
which is a trade secret or is confidential, as provided by law, residing
or existing internal or external to a computer, computer system or
computer network.
(b) A crime against intellectual property is:
(i) A felony punishable by imprisonment for not more than three (3)
years, a fine of not more than three thousand dollars ($3,000.00), or
both, except as provided in paragraph (ii) of this subsection;
(ii) A felony punishable by imprisonment for not more than ten (10)
years, a fine of not more than ten thousand dollars ($10,000.00), or
both, if the crime is committed with the intention of devising or
executing a scheme or artifice to defraud or to obtain property.
6-3-503. Crimes against computer equipment or supplies;
interruption or impairment of governmental operations or public
services; penalties.
(a) A person commits a crime against computer equipment or supplies if
he knowingly and without authorization, modifies equipment or supplies
used or intended to be used in a computer, computer system or computer
network. A crime against computer equipment or supplies is:
(i) A misdemeanor punishable by imprisonment for not more than six (6)
months, a fine of not more than seven hundred fifty dollars ($750.00),
or both, except as provided in paragraph (ii) of this subsection;
(ii) A felony punishable by imprisonment for not more than ten (10)
years, a fine of not more than ten thousand dollars ($10,000.00), or
both, if the crime is committed with the intention of devising or
executing a scheme or artifice to defraud or to obtain property.
(b) A person who knowingly and without authorization destroys, injures
or damages a computer, computer system or computer network and thereby
interrupts or impairs governmental operations or public communication,
transportation or supplies of water, gas or other public service, is
guilty of a felony punishable by imprisonment for not more than three
(3) years, a fine of not more than three thousand dollars ($3,000.00),
or both.
6-3-504. Crimes against computer users; penalties.
(a) A person commits a crime against computer users if he knowingly and
without authorization:
(i) Accesses a computer, computer system or computer network;
(ii) Denies computer system services to an authorized user of the
computer system services which, in whole or part, are owned by, under
contract to, or operated for, on behalf of, or in conjunction with
another.
(b) A crime against computer users is:
(i) A felony punishable by imprisonment for not more than three (3)
years, a fine of not more than three thousand dollars ($3,000.00), or
both except as provided in paragraph (ii) of this subsection;
(ii) A felony punishable by imprisonment for not more than ten (10)
years, a fine of not more than ten thousand dollars ($10,000.00), or
both, if the crime is committed with the intention of devising or
executing a scheme or artifice to defraud or to obtain property.
6-3-505. This article not exclusive.
This article shall not preclude the application of any other provision
of the criminal law of this state which applies, or may apply, to any
violation of this article, unless the provision is inconsistent with
this article.