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State Hacking/Computer Security Laws

State Hacking/Computer Security Laws

        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.
       
  • Arizona

    • 13-2316. Computer tampering; venue; forfeiture; classification

      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.

      History. Acts 1987, No. 908, § 2; 1997, No. 1153, § 1.



      5-41-103. Computer fraud.

      (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.

      History. Acts 2001, No. 1496, § 2; 2005, No. 1994, § 482. 

       
  • California
    • PENAL CODE
      SECTION 484-502.9




      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
      Chapter Table of Contents) (Return to
      List of Chapters) (Return to
      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:

      . KANSAS STATUTES ANNOTATED

      CHAPTER 21. CRIMES AND PUNISHMENTS

      KANSAS CRIMINAL CODE

      PART II. PROHIBITED CONDUCT

      ARTICLE 37. CRIMES AGAINST PROPERTY

      K.S.A. @ 21-3755 (1988)

      21-3755. Computer crime; unlawful computer access.

      (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.

      HISTORY: L. 1985, ch. 108, @ 1; July 1.
       
  • Illinois
    • (720 ILCS 5/Art. 16D heading)
      ARTICLE 16D.
      COMPUTER CRIME


      (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.

      Acts 1984, No. 711, §1; Acts 1988, No. 184, §1, eff. July 1, 1988.

      §73.7. Computer tampering

      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.


      History: 1979, Act 53, Eff. Mar. 27, 1980 ;-- Am. 1996, Act 326, Eff. Apr. 1, 1997
       
  • Minnesota
    • 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.

      (L. 1982 H.B. 1454, et al. § 2, A.L. 1987 H.B. 208, A.L. 2002 H.B. 1888)

      CROSS REFERENCES:

      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.

      (L. 1982 H.B. 1454, et al. § 3, A.L. 1987 H.B. 208, A.L. 2002 H.B. 1888)

      CROSS REFERENCES:

      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.

      (L. 1982 H.B. 1454, et al. § 4, A.L. 1987 H.B. 208, A.L. 2002 H.B. 1888)

      CROSS REFERENCES:

      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.

      Source:

      Laws 1985, LB 371, § 2

      Laws 1991, LB 135, § 4


      ~Reissue Revised Statutes of Nebraska


      Section 28-1343.01
      Unauthorized computer access; penalty.

      (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,

      Κ 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.

      (Added to NRS by 1983, 1203)

      NRS 205.4765 Unlawful acts regarding computers: Generally.

      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,

      Κ 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,

      Κ 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,

      Κ 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,

      Κ 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,

      Κ 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,

      Κ 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,

      Κ 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,

      Κ 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.

      Κ 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,

      Κ 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.

      Source. 1985, 139:1. 2002, 261:2, eff. Jan. 1, 2003.

      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.

      Source. 1985, 139:1. 2002, 261:2, eff. Jan. 1, 2003.
  • New Jersey
    • STATUTES : NEW JERSEY

      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.)



      § 14‑455. Damaging computers, computer programs, computer systems, computer networks, and resources.

      (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
      Page No. 2
      Page 3
      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.
      Page No. 3
      Page 4
      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
      Page No. 4
      Page 5
      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.

      SECTION 16-16-20. Computer crime offenses; penalties.

      (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.

      Source: SL 1982, ch 300, § 3; SL 1984, ch 282, § 1; SL 2002, ch 109, § 27.

      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.

      Source: SL 1982, ch 300, § 2; SL 1984, ch 282, § 2; SL 2002, ch 109, § 28.

      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.

      Source: SL 1982, ch 300, § 4; SL 1984, ch 282, § 3; SL 2002, ch 109, § 29.


      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.

      [Acts 1989, ch. 591, § 1; 1993, ch. 445, § 1; 2003, ch. 317, § 2.]

      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.

      [Acts 1989, ch. 591, § 1; 1993, ch. 445, § 1; 2002, ch. 849, § 4; 2003, ch. 317, § 3; 2006, ch. 809, § 1.]

      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.

      Added by Acts 1985, 69th Leg., ch. 600, § 1, eff. Sept. 1, 1985.
      Amended by Acts 1989, 71st Leg., ch. 306, § 1, eff. Sept. 1,
      1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
      Acts 1997, 75th Leg., ch. 306, § 1, eff. Sept. 1, 1997; Acts
      1999, 76th Leg., ch. 62, § 18.44, eff. Sept. 1, 1999.


      § 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.

      Added by Acts 1985, 69th Leg., ch. 600, § 1, eff. Sept. 1, 1985.
      Amended by Acts 1989, 71st Leg., ch. 306, § 2, eff. Sept. 1,
      1989; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;
      Acts 1997, 75th Leg., ch. 306, § 2, eff. Sept. 1, 1997; Acts
      2001, 77th Leg., ch. 1411, § 1, eff. Sept. 1, 2001.


      § 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.

      Amended by:
      Acts 2007, 80th Leg., R.S., Ch. 610, § 2, eff. September 1,
      2007.
      Acts 2007, 80th Leg., R.S., Ch. 1291, § 7, eff. September
      1, 2007.


      § 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.

      Added by Acts 1985, 69th Leg., ch. 600, § 1, eff. Sept. 1, 1985.
      Renumbered from Penal Code § 33.05 by Acts 1993, 73rd Leg., ch.
      900, § 1.01, eff. Sept. 1, 1994.


      § 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
  • 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.


       

More sources to use:

http://www.ncsl.org/programs/lis/CIP/hacklaw.htm
http://www.onlinesecurity.com/forum/article46.php
http://law.justia.com/
http://w2.eff.org/Net_culture/Hackers/comp_crime_laws_by_state.list

 

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