COMPUTER CRIME STATUTES, May 1, 1995, 3:32 PM COMPUTER CRIME STATUTES May 1, 1995, 3:32 PM - 1 - - 1 - ALABAMA TITLE: Alabama Computer Crime Act DEFINITIONS: ¤ 13A-8-101. Definitions When used in this chapter, the following terms shall have the following meanings, respectively, unless a different meaning clearly appears from the context: (1) Data. A representation of information, knowledge, facts, concepts, or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed, or has been processed in a computer system or computer network, and should be classified as intellectual property, and may be in any form, including computer printouts, magnetic storage media, punched cards, or stored internally in the memory of the computer. (2) Intellectual property. Data, including computer program. (3) Computer program. An ordered set of data representing coded instructions or statements that, when executed by a computer, cause the computer to process data. (4) Computer. An electronic magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network. (5) Computer software. A set of computer programs, procedures, and associated documentation concerned with the operation of a computer, computer system or computer network. (6) Computer system. A set of related, connected or unconnected, computer equipment, devices, or computer software. (7) Computer network. A set of related, remotely connected devices and communications facilities, including more than one computer system, with capability to transmit data among them through communication facilities. (8) Computer system services. The utilization of a computer, computer system, or computer network to assist an individual or entity with the performance of a particular lawful function which that individual or entity has been given the right, duty, and power, together with the responsibility, to perform. (9) Property. Anything of value as defined by law, and includes financial instruments, information, including electronically produced data and computer software and computer programs in either machine or human readable form, and any other tangible or intangible item of value. (10) 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 computer system representation thereof. (11) Access. To instruct, communicate with, store data in, or retrieve data from a computer, computer system or computer network. OFFENSES: ¤ 13A-8-102. Offenses against intellectual property ¤ 13A-8-103. Offense against computer equipment or supplies ELEMENTS: ¤ 13A-8-102. Offenses against intellectual property (a) Whoever willfully, knowingly, and without authorization or without reasonable grounds to believe that he 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 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 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. ¤ 13A-8-103. Offense against computer equipment or supplies (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. (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. PENALTIES: ¤ 13A-8-102. Offenses 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 intellectual property 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 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. ¤ 13A-8-103. Offense against computer equipment or supplies (a)(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. (a)(2)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)(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)(2)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. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. CITATION: Ala. Code ¤¤ 13-A-8-100 thru 13-A-8-103. SOURCE: Acts 1985, No. 85-383, p. 326. ALASKAÇALASKA" \f TÈ TITLE: Business and Commercial Offenses DEFINITIONS: ¤ 11.81.900. DEFINITIONS (b) In this title, unless otherwise specified or unless the context requires otherwise, * * * (b)(45) "property" means an article, substance, or thing of value, including money, tangible and intangible personal property including data or information stored in a computer program, system, or network * * *. (51) "services" includes * * * a computer program, a computer network, or any part of a computer system or network, and the supplying of equipment for use. ¤ 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; * * * (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; * * * OFFENSES: ¤ 11.46.200. THEFT OF SERVICES ¤ 11.46.740. Criminal use of computer ELEMENTS: ¤ 11.46.200. THEFT OF SERVICES (a) A person commits theft of services if * * * (3) the person obtains the use of computer time, a computer system, a computer program, a computer network, or any part of a computer system or network, with reckless disregard that the use by that person is unauthorized. ¤ 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 or causes to be accessed a computer, computer system, computer program, computer network, or any part of a computer system or network, and as a result of that access (1) obtains information concerning a person; or (2) introduces false information into a computer, computer system, or computer network with the intent to damage or enhance the data record of a person. PENALTIES: ¤ 11.46.740. Criminal use of computer (b) Criminal use of a computer is a Class C felony. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. DEFENSE: ¤ 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. CITATION: Alaska Statutes ¤ 11.46.200; ¤ 11.46.740; ¤ 11.46.985; ¤ 11.46.990; ¤ 11.81.900. SOURCE: ¤¤ 1, 4, 5, ch. 79 SLA 1984 [¤ 11.46.200(a)(3); ¤ 11.46.990(1)(3)-(7); ¤ 11.81.900(b)(51)]; ¤ 3 ch 79 SLA 1984 [¤11.46.740]; 881 4 ch 166 SLA 1978 [¤ 11.46.985]; ¤ 10 ch. 166 SLA 1978 [¤ 11.81.900(b)(45)]. ARIZONAÇARIZONA" \f TÈ TITLE: Organized Crime and Fraud DEFINITIONS: ¤ 13-2301. Definitions. E. For the purposes of ¤ 13.2316: 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 electronic device which performs logic, 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 the interconnection of communication lines 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 a set of computer programs, procedures and associated documentation concerned with the operation of a computer system. 6. "Computer system" means a set of related, connected or unconnected computer equipment, devices and software. 7. "Financial instrument" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card or marketable security or any other written instrument, as defined by ¤ 13-2001, paragraph 7, which is transferable for value. 8. "Property" means financial instruments, information, including electronically produced data, computer software and programs in either machine or human readable form, and anything of value, tangible or intangible. 9. "Services" includes computer time, data processing and storage functions. OFFENSES: ¤ 13-2316. Computer fraud ELEMENTS: ¤ 13-2316. Computer Fraud A. A person commits computer fraud in the first degree by accessing, altering, damaging or destroying without authorization any computer, computer system, computer network, or any part of such computer, system or network, with the intent 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. B. A person commits computer fraud in the second degree by intentionally and without authorization accessing, altering, damaging or destroying any computer, computer system or computer network or any computer software, program or data contained in such computer, computer system or computer network. PENALTIES: ¤ 13-2316. Computer fraud C. Computer fraud in the first degree is a class 3 felony. Computer fraud in the second degree is a class 6 felony. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. CITATION: Ariz. Rev. Stat. Ann. ¤¤ 13-2301, 13-2316. SOURCE: Laws 1978, ch. 204, ¤ 2, eff. Oct. 1, 1978. ARKANSASÇARKANSAS" \f TÈ TITLE: Computer-Related Crimes DEFINITIONS: ¤ 5-41-102. 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 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 that device in a system or a network; (3) "Computer network" means the interconnection of communications lines with a computer through remote terminals 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 specified functions; (5) "Computer software" means one (1) or more computer programs, existing in any form, or any associated operational procedures, manuals, 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, facts, concepts, or instructions which are being prepared or have been prepared and are intended to be processed or stored, are being processed or stored, or have 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 or debit card, transaction authorization mechanism, marketable security, or any computer system representation thereof; (9) "Property" includes, but is not limited to, financial instruments, data, computer programs, documents associated with computers and computer programs, or copies thereof, whether tangible or intangible, including both human and computer readable data, and data while in transit; (10) "Services" includes, but is not limited to, the use of a computer, a computer system, a computer network, computer software, a computer program, or data. OFFENSES: ¤ 5-41-103. Computer fraud ¤ 5-41-104. Computer trespass ELEMENTS: ¤ 5-41-103. Computer fraud (a) Any person commits computer fraud who intentionally accesses or causes to be accessed any computer, computer system, computer network, or any part thereof for the purpose of: (1) Devising or executing any scheme or artifice to defraud or extort; or (2) Obtaining money, property, or services with false or fraudulent intent, representations, or promises. ¤ 5-41-104. Computer trespass (a) Any person commits computer trespass who intentionally and without authorization accesses, alters, deletes, damages, destroys, or disrupts any computer, computer system, computer network, computer program, or data. PENALTIES: ¤ 5-41-103. Computer fraud (b) Computer fraud is a Class D felony. ¤ 5-41-104. Computer trespass (b) Computer trespass is a Class C misdemeanor if it is a first violation which does not cause any loss or damage; (c) Computer trespass is a Class B misdemeanor if: (1) It is a second or subsequent violation which does not cause any loss or damage; or (2) It is a violation which causes loss or damage of less than five hundred dollars ($500). (d) Computer trespass is a Class A misdemeanor if it is a violation which causes loss or damage of five hundred dollars ($500) or more, but less than twenty-five hundred dollars ($2,500). (e) Computer trespass is a Class D felony if it is a violation which causes loss or damage of two thousand five hundred dollars ($2,500) or more. VENUE: ¤ 5-41-105. VENUE OF VIOLATIONS For the purpose of venue under this chapter, any violation of this chapter shall be considered to have been committed in any county: (1) In which any act was performed in furtherance of any course of conduct which violated this chapter; (2) 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, data, or other material or objects which were 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 wires, electromagnetic waves, microwaves, or any other means of communication; (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. CIVIL REMEDY: ¤ 5-41-106. Civil Actions (a) Any person whose property or person is injured by reason of a violation of any provision of this chapter 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) At the request of any party to an action brought pursuant to this section, the court, in its discretion, may conduct all legal proceedings 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 secrets 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 chapter is discovered or should have been discovered by the exercise of reasonable diligence. PURPOSE: ¤ 5-41-101. PURPOSE It is found and determined that computer-related crime poses a major problem for business and government; that losses for each incident of computer-related crime are potentially astronomical; that 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; that computer-related crime has a direct effect on state commerce; and that, 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 statute be enacted which deals directly with computer crime. MISCELLANEOUS: ¤ 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 chapter or any other offense involving the use of a computer. CITATION: Ark. Code ¤¤ 5-41-101 thru 107. SOURCE: Acts 1987, No. 908. CALIFORNIAÇCALIFORNIA" \f TÈ TITLE: THEFT DEFINITIONS: ¤ 502. Definitions (b) For the purposes of this section, the following terms have the following meanings: (1) "Access" means to gain entry to, instruct, or communicate with the logical, arithmetical, or memory function of a computer, computer system, or computer network. (2) "Computer network" means any system which provides communications between one or more computer systems and input/output devices including, but not limited to, display terminals and printers connected by telecommunication facilities. (3) "Computer program or software" means a set of instructions or statements, and related data, that when executed in actual or modified form, cause a computer, computer system, or computer network to perform specified functions. (4) "Computer services" includes, but is not limited to, computer time, data processing, or storage functions, or other uses of a computer, computer system, or computer network. (5) "Computer system" means a device or collection of devices, including support devices and excluding calculators which are not programmable and capable of being used in conjunction with external files, 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. (6) "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. (7) "Supporting documentation" includes, but is not limited to, all information, in any form, pertaining to the design, construction, classification, implementation, use, or modification of a computer, computer system, computer network, computer program, or computer software, which information is not generally available to the public and is necessary for the operation of a computer, computer system, computer network, computer program, or computer software. (8) "Injury" means any alteration, deletion, damage, or destruction of a computer system, computer network, computer program, or data caused by the access. (9) "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, damaged, or destroyed by the access. (10) "Computer contaminant" means any set of computer instructions that are 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. 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. ¤ 502.01. FORFEITURE OF PROPERTY USED IN COMMITTING COMPUTER CRIMES; REDEMPTION OF INTERESTS; APPLICATION TO MINORS; DISTRIBUTION OF PROCEEDS (a) As used in this section: (1) "Property subject to forfeiture" means any property of the defendant that is a computer, computer system, or computer network, and any software or data residing thereon, if the computer, computer system, or computer network was used in committing a violation of subdivision (c) of Section 502 or a violation of Section 502.7 or was used as a repository for the storage of software or data obtained in violation of those provisions. If the defendant is a minor, it also includes property of the parent or guardian of the defendant. (2) "Sentencing court" means the court sentencing a person found guilty of violating subdivision (c) of Section 502 or a violation of Section 502.7 or, in the case of a minor found to be a person described in Section 602 of the Welfare and Institutions Code because of a violation of those provisions, the juvenile court. (3) "Interest" means any property interest in the property subject to forfeiture. (4) "Security interest" means an interest that is a lien, mortgage, security interest, or interest under a conditional sales contract. OFFENSES: ¤ 502. UNAUTHORIZED ACCESS TO COMPUTERS, COMPUTER SYSTEMS AND COMPUTER DATA ELEMENTS: ¤ 502. UNAUTHORIZED ACCESS TO COMPUTERS, COMPUTER SYSTEMS AND COMPUTER DATA (c) Except as provided in subdivision (h), any person who commits any of the following acts is guilty of a public offense: (1) Knowingly accesses and without permission alters, damages, deletes, destroys or otherwise uses any data, computer, computer system, or computer network in order to either (A) devise or execute any scheme or artifice to defraud, deceive, or extort, or (B) wrongfully control or obtain money, property, or data. (2) Knowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network. (3) Knowingly and without permission uses or causes to be used computer services. (4) Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a computer, computer system, or a computer network. (5) Knowingly and without permission disrupts or causes the disruption of computer services or denies or causes the denial of computer services to an authorized user of a computer, computer system, or computer network. (6) Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or computer network in violation of this section. (7) Knowingly and without permission accesses or causes to be accessed any computer, computer system, or computer network. (8) Knowingly introduces any computer contaminant into any computer, computer system, or computer network. PENALTIES: ¤ 502. UNAUTHORIZED ACCESS TO COMPUTERS, COMPUTER SYSTEMS AND COMPUTER DATA (d)(1) Any person who violates any of the provisions of paragraph (1), (2), (4), or (5) of subdivision (c) is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding five thousand dollars ($,5,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment. (2) Any person who violates paragraph (3) of subdivision (c) is punishable as follows: (A) For the first violation which does not result in injury, and where the value of the computer services used does not exceed four hundred dollars ($400), by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment. (B) For any violation which results in a victim expenditure in an amount greater than five thousand dollars ($5,000) or in an injury, or if the value of the computer services used exceeds four hundred dollars ($400), or for any second or subsequent violation, by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in the county jail not execeeding one year, or by both that fine and imprisonment. (3) Any person who violates paragraph (6), (7), or (8) of subdivision (c) is punishable as follows: (A) For a first violation which does not result in injury, an infraction punishable by a fine not exceeding two hundred fifty dollars ($250). (B) For any violation which results in a victim expenditure in an amount not greater than five thousand dollars ($5,000), or for a second or subsequent violation, by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment. (C) For any violation which results in a victim expenditure in an amount greater than five thousand dollars ($5,000), by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison for 16 months, or two or three years, or by both that fine and imprisonment, or by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment. (e)(3) A community college, state university, or academic institution accredited in this state is required to include computer-related crimes as a specific violation of college or university student conduct policies and regulations that may subject a student to disciplinary sanctions up to and including dismissal from the academic institution. This paragraph shall not apply to the University of California unless the Board of Regents adopts a resolution to that effect. (k) In determining the terms and conditions applicable to a person convicted of a violation of this section the court shall consider the following: (1) The court shall consider prohibitions on access to and use of computers. (2) Except as otherwise required by law, the court shall consider alternate sentencing, including community service, if the defendant shows remorse and recognition of the wrongdoing, and an inclination not to repeat the offense. ¤ 1203.047. CONVICTION OF COMPUTER CRIME; PROBATION A person convicted of a violation of paragraph (1), (2), (4), or (5) of subdivision (c) of Section 502, or of a felony violation of paragraph (3), (6), (7), or (8) of subdivision (c) of Section 502, or a violation of subdivision (b) of Section 502.7 may be granted probation, but, except in unusual cases where the ends of justice would be better served by a shorter period, the period of probation shall not be less than three years and the following terms shall be imposed. During the period of probation, that person shall not accept employment where that person would use a computer connected by any means to any other computer, except upon approval of the court and notice to and opportunity to be heard by the prosecuting attorney, probation department, prospective employer, and the convicted person. Court approval shall not be given unless the court finds that the proposed employment would not pose a risk to the public. ¤ 1203.048. PROPERTY DAMAGE LIMITATION; PROBATION; CONVICTION OF COMPUTER CRIME (a) Except in unusual cases where the interests of justice would best be served if the person is granted probation, probation shall not be granted to any person convicted of a violation of Section 502 or subdivision (b) of Section 502.7 involving the taking of or damage to property with a value exceeding one hundred thousand dollars ($100,000). (b) The fact that the value of the property taken or damaged was an amount exceeding one hundred thousand dollars ($100,000) shall be alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilt or nolo contendere or by trial by the court sitting without a jury. (c) When probation is granted, the court shall specify on the record and shall enter on the minutes the circumstances indicating that the interests of justice would best be served by such a disposition. ¤ 2702. PRISONERS CONVICTED OF COMPUTER CRIME; ACCESS TO DEPARTMENT COMPUTER SYSTEM No person imprisoned after conviction of a violation of Section 502 or of subdivision (b) of Section 502.7 shall be permitted to work on or have access to any computer system of the department. DEFENSES: ¤ 502. UNAUTHORIZED ACCESS TO COMPUTERS, COMPUTER SYSTEMS AND COMPUTER DATA (h)(1) Subdivision (c) does not apply to any person who accesses his or her employer's computer system, computer network, computer program, or data when acting within the scope of his or her lawful employment. VENUE: ¤ 502. UNAUTHORIZED ACCESS TO COMPUTERS, COMPUTER SYSTEMS AND COMPUTER DATA (j) For purposes of bringing a civil or a criminal action under this section, 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. CIVIL REMEDY: ¤ 502. UNAUTHORIZED ACCESS TO COMPUTERS, COMPUTER SYSTEMS AND COMPUTER DATA (e)(1) 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 under this section for compensatory damages, including 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, damaged, or deleted by the access. For the purposes of actions authorized by this subdivision, the conduct of an unemancipated minor shall be imputed to the parent or legal guardian having control or custody of the minor, pursuant to the provisions of Section 1714.1 of the Civil Code. (2) In any action brought pursuant to this subdivision the court may award reasonable attorney's fees to a prevailing party. FORFEITURE: ¤ 502. FORFEITURE (g) Any computer, computer system, computer network, or any software or data, owned by the defendant, which is used during the commission of any public offense described in subdivision (c) or any computer, owned by the defendant, which is used as a repository for the storage of software or data illegally obtained in violation of subdivision (c) shall be subject to forfeiture, as specified in Section 502.01. (h) Paragraph (3) of subdivision (c) does not apply to any employee who accesses or uses his or her employer's computer system, computer network, computer program, or data when acting outside the scope of his or her lawful employment, so long as the employee's activities do not cause an injury, as defined in paragraph (8) of subdivision (b), to the employer or another, or so long as the value of supplies and computer services, as defined in paragraph (4) of subdivision (b), which are used do not exceed an accumulated total of one hundred dollars ($100). (i) No activity exempted from prosecution under paragraph (2) of subdivision (h) which incidentally violates paragraph (2), (4), or (7) of subdivision (c) shall be prosecuted under those paragraphs. ¤ 502.01. FORFEITURE OF PROPERTY USED IN COMMITTING COMPUTER CRIMES; REDEMPTION OF INTERESTS; APPLICATION TO MINORS; DISTRIBUTION OF PROCEEDS (b) The sentencing court shall, upon petition by the prosecuting attorney, at any time following sentencing, or by agreement of all parties, at the time of sentencing, conduct a hearing to determine whether any property or property interest is subject to forfeiture under this section. At the forfeiture hearing, the prosecuting attorney shall have the burden of establishing, by a preponderance of the evidence, that the property or property interests are subject to forfeiture. The prosecuting attorney may retain seized property that may be subject to forfeiture until the sentencing hearing. (c) Prior to the commencement of a forfeiture proceeding, the law enforcement agency seizing the property subject to forfeiture shall make an investigation as to any person other than the defendant who may have an interest in it. At least 30 days before the hearing to determine whether the property should be forfeited, the prosecuting agency shall send notice of the hearing to any person who may have an interest in the property that arose before the seizure. A person claiming an interest in the property shall file a motion for the redemption of that interest at least 10 days before the hearing on forfeiture, and a copy of the motion to the prosecuting agency and to the probation department. If a motion to redeem an interest has been filed, the sentencing court shall hold a hearing to identify all persons who possess valid interests in the property. No person shall hold a valid interest in the property if, by a preponderance of the evidence, the prosecuting agency shows that the person knew or should have known that the property was being used in violation of subdivision (c) of Section 502 or Section 502.7, and that the person did not take reasonable steps to prevent that use, or if the interest is a security interest, the person knew or should have known at the time that the security interest was created that the property would be used for such a violation. (d) If the sentencing court finds that a person holds a valid interest in the property, the following provisions shall apply: (1) The court shall determine the value of the property. (2) The court shall determine the value of each valid interest in the property. (3) If the value of the property is greater than the value of the interest, the holder of the interest shall be entitled to ownership of the property upon paying the court the difference between the value of the property and the value of the valid interest. If the holder of the interest declines to pay the amount determined under paragraph (2), the court may order the property sold and designate the prosecutor or any other agency to sell the property. The designated agency shall be entitled to seize the property and the holder of the interest shall forward any documentation underlying the interest, including any ownership certificates for that property, to the designated agency. The designated agency shall sell the property and pay the owner of the interest the proceeds, up to the value of that interest. (4) If the value of the property is less than the value of the interest, the designated agency shall sell the property and pay the owner of the interest the proceeds, up to the value of that interest. (e) If the defendant was a minor at the time of the offense, this subdivision shall apply to property subject to forfeiture that is the property of the parent or guardian of the minor. (1) The prosecuting agency shall notify the parent or guardian of the forfeiture hearing at least 30 days before the date set for the hearing. (2) The computer shall not be subject to forfeiture if the parent or guardian files a signed statement with the court at least 10 days before the date set for the hearing that the minor shall not have access to any computer owned by the parent or guardian for two years after the date on which the minor is sentenced. (3) If the minor is convicted of a violation of subdivision (c) of Section 502 or Section 502.7 within two years after the date on which the minor is sentenced, and the violation involves a computer owned by the parent or guardian, the original property subject to forfeiture, and the property involved in the new offense, shall be subject to forfeiture notwithstanding paragraph (2). (f) If the defendant is found to have the only valid interest in the property subject to forfeiture, it shall be distributed as follows: (1) First, to the victim, if the victim elects to take the property as full or partial restitution for injury, victim expenditures, or compensatory damages, as defined in paragraph (1) of subdivision (e) of Section 502. If the victim elects to receive the property under this paragraph, the value of the property shall be determined by the court and that amount shall be credited against the restitution owed by the defendant. The victim shall not be penalized for electing not to accept the forfeited property in lieu of full or partial restitution. (2) Second, at the discretion of the court, to one or more of the following agencies or entities: (A) The prosecuting agency. (B) The public entity of which the prosecuting agency is a part. (C) The public entity whose officers or employees conducted the investigation resulting in forfeiture. (D) Other state and local public entities, including school districts. (E) Nonprofit charitable organizations. (g) If the property is to be sold, the court may designate the prosecuting agency or any other agency to sell the property at auction. The proceeds of the sale shall be distributed by the court as follows: (1) To the bona fide or innocent purchaser or encumbrancer, conditional sales vendor, or mortgagee of the property up to the amount of his or her interest in the property, if the court orders a distribution to that person. (2) The balance, if any, to be retained by the court, subject to the provisions for distribution under subdivision (f). PURPOSE: ¤ 502. UNAUTHORIZED ACCESS TO COMPUTERS, COMPUTER SYSTEMS AND COMPUTER DATA (a) It is the intent of the Legislature in enacting this section to expand the degree of protection afforded to individuals, businesses, and governmental agencies from tampering, interference, damage, and unauthorized access to lawfully created computer data and computer systems. The Legislature finds and declares that the proliferation of computer technology has resulted in a concomitant proliferation of computer crime and other forms of unauthorized access to computers, computer systems, and computer data. The Legislature further finds and declares that protection of the integrity of all types and forms of lawfully created computers, computer systems, and computer data is vital to the protection of the privacy of individuals as well as to the well-being of financial institutions, business concerns, governmental agencies, and others within this state that lawfully utilize those computers, computer systems, and data. MISCELLANEOUS: ¤ 502. UNAUTHORIZED ACCESS TO COMPUTERS, COMPUTER SYSTEMS AND COMPUTER DATA (f) This section shall not be construed to preclude the applicability of any other provision of the criminal law of this state which applies or may apply to any transaction, nor shall it make illegal any employee labor relations activities that are within the scope and protection of state or federal labor laws. CITATION: California Penal Code, ¤¤ 502, 502.01, 1203.047, 2702. SOURCE: Added by Stats. 1987, c. 1499, ¤ 3. Amended by Stats. 1989, c. 1076, ¤ 1; Stats. 1989, c. 1110, ¤ 1; Stats. 1989, c. 1357, ¤ 1.3 [¤ 502]. COLORADOÇCOLORADO" \f TÈ TITLE: Computer Crime DEFINITIONS: ¤ 18-5.5-101. Definitions As used in this article, unless the context otherwise requires: (1) "Authorization" means the express consent of a person which may include an employee's job description to use said person's computer, computer network, computer program, computer software, computer system, property, or services as those terms are defined in this section. (2) "Computer" means 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 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, connected or unconnected, computer equipment, devices, and software. (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, 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. (9) "Services" includes, but is not limited to, computer time, data processing, and storage functions. (10) To "use" 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. OFFENSES: ¤ 18-5.5-102. Computer Crime ELEMENTS: ¤ 18-5.5-102. Computer Crime (1) Any person who knowingly uses 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; using the property or services of another without authorization; or committing theft commits computer crime. (2) Any person who knowingly and without authorization uses, alters, damages, or destroys any computer, computer system, or computer network described in section 18-5.5-101 or any computer software, program, documentation, or data contained in such computer, computer system, or computer network commits computer crime. PENALTIES: ¤ 18-5.5-102. Computer Crime (3) If the loss, damage, or thing of value taken in violation of this section is less than fifty dollars, computer crime is a class 3 misdemeanor; if fifty dollars or more but less than three hundred dollars, computer crime is a class 2 misdemeanor; if three hundred dollars or more but less than ten thousand dollars, computer crime is a class 5 felony; if ten thousand dollars or more, computer crime is a class 3 felony. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. CITATION: Colo. Rev. Stat. ¤¤ 18-5.5-101, 102. SOURCE: L. 79, p. 728 ¤ 7; L. 83, p. 705, ¤¤ 1, 2, 3; L. 84. p. 538, ¤ 14; L. 89, p. 839, ¤ 75. CONNECTICUTÇCONNECTICUT" \f TÈ TITLE: Computer-Related Offenses DEFINITIONS: ¤ 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, 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. OFFENSES: ¤ 53a-251. Computer crime (b) UNAUTHORIZED ACCESS TO A COMPUTER SYSTEM (c) THEFT OF COMPUTER SERVICES (d) INTERRUPTION OF COMPUTER SERVICES (e) MISUSE OF COMPUTER SYSTEM INFORMATION (f) DESTRUCTION OF COMPUTER EQUIPMENT ELEMENTS: ¤ 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. (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. PENALTIES: ¤ 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 ¤ 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. ¤ 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 ¤ 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. ¤ 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 ¤ 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. ¤ 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 ¤ 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. ¤ 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 ¤ 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. ¤ 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 ¤ 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. ¤ 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. VENUE: ¤ 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. ¤ 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 state. DEFENSE: ¤ 53a-251. COMPUTER CRIME (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. CIVIL REMEDY: No reference to civil remedy. MISCELLANEOUS: ¤ 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. CITATION: 1984 Conn. Gen. Stat. Ann. ¤ 53a. SOURCE: 1984, P.A. 84-206. DELAWAREÇDELAWARE" \f TÈ TITLE: Computer Related Offenses DEFINITIONS: ¤ 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. OFFENSES: ¤ 932. Unauthorized access ¤ 933. Theft of computer services ¤ 934. Interruption of computer services ¤ 935. Misuse of computer system information ¤ 936. Destruction of computer equipment ELEMENTS: ¤ 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. ¤ 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. ¤ 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. ¤ 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. ¤ 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 forgoing to occur. PENALTIES: ¤ 937. PENALTIES (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. VENUE: ¤ 938. VENUE (a) In any prosecution for any violation of ¤¤ 932-936 of this title, the offense shall be deemed to have been committed in the place at which the act occurred or in which the computer system or part thereof involved in the violation was located. (b) In any prosecution for any violation of ¤¤ 932-936 of this title based upon more than 1 act in violation thereof, the offense shall be deemed to have been committed in any of the places at which any of the acts occurred or in which a computer system or part thereof involved in a violation was located. (c) If any act performed in furtherance of the offenses set out in ¤¤ 932-936 of this title occurs in this State or in any computer system or part thereof accessed in violation of ¤¤ 932-936 of this title is located in this State, the offense shall be deemed to have occurred in this State. CIVIL REMEDY: ¤ 939. Remedies of aggrieved persons (a) Any aggrieved person who has reason to believe that any other person has been engaged, is engaged or is about to engage in an alleged violation of any provision of ¤¤ 932- 936 of this title may bring an action against such person and may apply to the Court of Chancery for: (i) An order temporarily or permanently restraining and enjoining the commencement or continuance of such act or acts; (ii) an order directing restitution; or (iii) an order directing the appointment of a receiver. Subject to making due provisions for the rights of innocent persons, a receiver shall have the power to sue for, collect, receive and take into his possession any property which belongs to the person who is alleged to have violated any provision of this subpart and which may have been derived by, been used in or aided in any manner such alleged violation. Such property shall include goods and chattels, rights and credits, moneys and effects, books, records, documents, papers, choses in action, bills, notes and property of every description including all computer system equipment and data, and including property with which such property has been commingled if it cannot be identified in kind because of such commingling. The receiver shall also have the power to sell, convey and assign all of the foregoing and hold and dispose of the proceeds thereof under the direction of the Court. Any person who has suffered damages as a result of an alleged violation of any provision of ¤¤ 932-936 of this title, and submits proof to the satisfaction of the Court that he has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent he has sustained out of pocket losses. The Court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required. (b) The Court may award the relief applied for or such other relief as it may deem appropriate in equity. (c) Independent of or in conjunction with an action under subsection (a) of this section, any person who suffers any injury to person, business or property may bring an action for damages against a person who is alleged to have violated any provision of ¤¤ 932-936 of this title. The aggrieved person shall recover actual damages and damages for unjust enrichment not taken into account in computing damages for actual loss and treble damages where there has been a showing of wilful and malicious conduct. d) Proof of pecuniary loss is not required to establish actual damages in connection with an alleged violation ¤ 935 of this title arising from misuse of private personal data. (e) In any civil action brought under this section, the Court shall award to any aggrieved person who prevails reasonable costs and reasonable attorney's fees. (f) The filing of a criminal action against a person is not a prerequisite to the bringing of a civil action under this section against such person. (g) No civil action under this section may be brought but within 3 years from the date the alleged violation of ¤¤ 932-936 of this title is discovered or should have been discovered by the exercise of reasonable diligence. CITATION: Del. Code Ann. Ch. 11, ¤¤ 931 thru 939. SOURCE: 64 Del. Laws, cc. 438, 439. FLORIDAÇFLORIDA" \f TÈ TITLE: Computer-Related Crimes DEFINITIONS: ¤ 815.03. Definitions As used in this chapter, unless the context clearly indicates otherwise: (1) "Intellectual property" means data, including programs. (2) "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. (3) "Computer" means an internally programmed, automatic device that performs data processing. (4) "Computer software" means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer system. (5) "Computer system" means a set of related, connected or unconnected, computer equipment, devices, or computer software. (6) "Computer network" means a set of related, remotely connected devices and communication facilities including more than one computer system with capability to transmit data among them through communication facilities. (7) "Computer system services" means providing a computer system or computer network to perform useful work. (8) "Property" means anything of value as defined in s. 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. (9) "Financial instrument" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card, or marketable security. (10) "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. OFFENSES: ¤ 815.04. Offenses against intellectual property ¤ 815.05. Offenses against computer equipment or supplies ¤ 815.06. Offenses against computer users ELEMENTS: ¤ 815.04. Offenses against intellectual property (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) 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. ¤ 815.05. Offenses against computer equipment or supplies (1)(a) 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 an offense against computer equipment or supplies. (2)(a) Whoever willfully, knowingly, and without authorization destroys, 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 destroys, injures, or damages any computer, computer system, or computer network commits an offense against computer equipment or supplies. ¤ 815.06. Offenses against computer users (1) Whoever willfully, knowingly, and without authorization accesses or causes to be accessed any computer, computer system, or computer network; or whoever willfully, knowingly, and without authorization 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 commits an offense against computer users. PENALTIES: ¤ 815.04. Offenses 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. ¤ 815.05. OffENSES against computer equipMENT or supplies (1)(b) 1. Except as provided in this paragraph, an offense against computer equipment or supplies as provided in paragraph (a) is a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 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 felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2)(b) 1. Except as provided in this paragraph, an offense against computer equipment or supplies as provided in paragraph (a) is a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. If the damage to such computer equipment or supplies or to the computer, computer system, or computer network is greater than $200 but less than $1000, then the offender is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. If the damage to such computer equipment or supplies or to the computer, computer system, or computer network is $1000 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 service, 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. ¤ 815.06. OFFENSES AGAINST COMPUTER USERS. (2)(a) Except as provided in this subsection, an offense against computer users 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 purposes 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. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. PURPOSE: ¤ 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. MISCELLANEOUS: ¤ 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. CITATION: Fla. Stat. ¤¤ 815.02 thru 815.07. SOURCE: Laws 1978, c. 78-92, eff. Aug. 1, 1978. GEORGIAÇGEORGIA" \f TÈ TITLE: Computer Related Offenses DEFINITIONS: ¤ 16-9-92. Definitions As used in this article, the term: (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, general- purpose, digital device that automatically processes substantial data. (3) "Computer network" means a set of two or more computer systems that automatically transmit data over communication circuits connecting them. (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. (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 devices including a computer and possibly other devices such as data input, output, or storage devices, data communication circuits, and operating system computer programs that make the system capable of performing special-purpose data processing tasks for which it is specified. (7) "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 processed, is being processed, or has been processed in a computer system or computer network; which should be classified as intellectual property; and which may be in any form, including, but not limited to, computer printouts, magnetic storage media, punched cards, or stored internally in the memory of the computer. (8) "Financial instruments" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card, or marketable security, or any computer system representation thereof. (9) "Property" includes, but is not limited to, financial instruments, data, computer programs, documentation associated with data and computer systems and programs, all in machine-readable or human-readable form, and any other tangible or intangible item of value. (10) "Services" includes, but is not limited to, providing a computer system to perform tasks. OFFENSES: ¤ 16-9-93. ACCESSING OF COMPUTERS, ETC., FOR FRAUDULENT PURPOSES; UNAUTHORIZED ACCESS, ALTERATION, DESTRUCTION, ETC., OF COMPUTERS, ETC. ELEMENTS: ¤ 16-9-93. ACCESSING OF COMPUTERS, ETC., FOR FRAUDULENT PURPOSES; UNAUTHORIZED ACCESS, ALTERATION, DESTRUCTION, ETC., OF COMPUTERS, ETC. (a) Any person who knowingly and willfully, directly or indirectly, without authorization, accesses, causes to be accessed, or attempts to access any computer, computer system, computer network, or any part thereof which, in whole or in part, operates in commerce or is owned by, under contract to, or in conjunction with state, county, or local government or any branch, department, or agency thereof, any business, or any entity operating in or affecting commerce for the purpose of: (1) Devising or executing any scheme or artifice to defraud; or (2) Obtaining money, property, or services for themselves or another by means of false or fraudulent pretenses, representations, or promises, * * * (b) Any person who intentionally and without authorization, directly or indirectly accesses, alters, damages, destroys, or attempts to damage or destroy any computer, computer system, or computer network, or any computer software, program, or data, upon conviction thereof, shall be fined not more than $50,000.00 or imprisoned not more than 15 years, or both. PENALTIES: ¤ 16-9-93. ACCESSING OF COMPUTERS, ETC., FOR FRAUDULENT PURPOSES; UNAUTHORIZED ACCESS, ALTERATION, DESTRUCTION, ETC., OF COMPUTERS, ETC. (a) Any person who [elements of offense set forth above] upon conviction thereof, shall be fined a sum of not more than two and one-half times the amount of the fraud or theft or imprisoned not more than 15 years, or both. (b) Any person who [elements of offense set forth above] upon conviction thereof, shall be fined not more than $50,000.00 or imprisoned not more than 15 years, or both. VENUE: ¤ 16-9-94. Venue For the purpose of venue under this article, any violation of this article shall be considered to have been committed: (1) In any county in which any act was performed in furtherance of any transaction which violated this article; (2) In 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 thereof; (3) 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 or objects which were used in furtherance of the violation; and (4) In any county from which, to which, or through which any access to a computer or computer network was made, whether by wires, electromagnetic waves, microwaves, or any other means of communication. CIVIL REMEDY: No reference to civil remedy. PURPOSE: ¤ 16-9-91. LEGISLATIVE INTENT 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; and (5) The prosecution of persons engaged in computer related crime is difficult under current Georgia criminal statutes. MISCELLANEOUS: ¤ 16-9-95. DUTY TO REPORT VIOLATIONS OF THIS ARTICLE; IMMUNITY FROM LIABILITY FOR MAKING SUCH REPORT It is the duty of every business; partnership; college; university; person; state, county, or local governmental agency or department or branch thereof; corporation; or other business entity which has reasonable grounds to believe that a violation of this article has been committed to report promptly the suspected violation to law enforcement authorities. When acting in good faith, such business; partnership; college; university; person; state, county, or local governmental agency or department or branch thereof; corporation; or other business entity shall be immune from any civil liability for such reporting. CITATION: Ga. Code ¤¤ 16-9-92 thru 16-9-95. SOURCE: Ga. L. 1981, p. 947; Ga. L. 1982, p. 3, ¤ 16; Ga. L. 1989, p. 14. HAWAIIÇHAWAII" \f TÈ TITLE: Computer Crimes DEFINITIONS: ¤ 708-890. Definitions In this part, unless a different meaning plainly is required: "Access" means to make use of any resources of a computer, computer system, or computer network. "Computer" means an electronic device which 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 which are connected or related to such a device in a computer system or computer network. "Computer network" means the interconnection of communication lines with a computer through remote terminals or a complex consisting of two or more computers and includes interconnected remote terminals. "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. "Computer software" means a set of computer programs, procedures, or associated documentation concerned with the operation and function of a computer system. "Computer system" means a set of related or interconnected computer equipment, devices, and software. "Data" means a representation of information, knowledge, facts, concepts, or instructions, which are being prepared or have been prepared, in a formalized manner, and are intended for use in a computer system or computer network. "Financial instrument" includes, but is not limited to, any 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 computer system representation. "Property" includes, but is not limited to, financial instruments, data, computer software, computer programs, documents associated with computer systems and computer programs, or copies, whether tangible or intangible, and data while in transit. "Service" includes, but is not limited to, the use of the computer system, computer network, computer programs, computer software, or data prepared for computer use, data contained within a computer system, or data contained within a computer network. OFFENSES: ¤ 708-891. Computer fraud in the first degree ¤ 708-892. Computer fraud in the second degree ¤ 708-893. Computer fraud in the third degree ¤ 708-894. Unauthorized computer use in the first degree ¤ 708-895. Unauthorized computer use in the second degree ¤ 708-896. Unauthorized computer use in the third degree ELEMENTS: ¤ 708-891. Computer fraud in the first degree (1) A person commits the offense of computer fraud in the first degree if: (a) He accesses or causes to be accessed any computer, computer system, computer network, or any of its parts with the intent to devise or execute any scheme or artifice to defraud; (b) He accesses or causes to be accessed any computer, computer system, computer network, or any of its parts with the intent to obtain money, property, or services by means of embezzlement or false or fraudulent representations where the value of the money, property, or services exceeds $2,500; or (c) He accesses or causes to be accessed any computer, computer system, computer network, or any of its parts with the intent to obtain unauthorized information concerning the credit information of another person or who introduces or causes to be introduced false information into that system or network with the intent to wrongfully damage or wrongfully enhance the credit rating of any person where the value of the damage or enhancement exceeds $2,500. ¤ 708-892. Computer fraud in the second degree (1) A person commits the offense of computer fraud in the second degree if: (a) He accesses or causes to be accessed any computer, computer system, computer network, or any of its parts with the intent to obtain money, property, or services by means of embezzlement or false or fraudulent representations, money, property, or services where the value of the money, property, or services exceeds $100 but is not more than $2,500; or (b) He accesses or causes to be accessed any computer, computer system, computer network, or any of its parts with the intent to obtain unauthorized information concerning the credit information of another person or who introduces or causes to be introduced false information into that system or network with the intent to wrongfully damage or wrongfully enhance the credit rating of any person where the value of the damage or enhancement exceeds $100 but is not more than $2,500. ¤ 708-893. Computer fraud in the third degree (1) A person commits the offense computer fraud in the third degree if: (a) He accesses or causes to be accessed any computer, computer system, computer network, or any of its parts with the intent to obtain money, property, or services by means of embezzlement or false or fraudulent representations where the value of the money, property, or services is not more than $100; or (b) He accesses or causes to be accessed any computer, computer system, computer network, or any of its parts with the intent to obtain unauthorized information concerning the credit information of another person or who introduces or causes to be introduced false information into that system or network with the intent to wrongfully damage or wrongfully enhance the credit rating of any person where the value of the damage or enhancement is not more than $100. ¤ 708-894. UNAUTHORIZED COMPUTER USE IN THE FIRST DEGREE (1) A person commits the offense of unauthorized computer use in the first degree if he intentionally and without authorization accesses, alters, damages, or destroys any computer, computer system, computer network, computer program, or computer software, or any data stored therein, with a value exceeding $10,000. ¤ 708-895. UNAUTHORIZED COMPUTER USE IN THE SECOND DEGREE (1) A person commits the offense of unauthorized computer use in the second degree if he intentionally and without authorization accesses, alters, damages, or destroys any computer, computer system, computer network, computer program, or computer software, or any data stored therein, with a value exceeding $2,500 but not more than $10,000. ¤ 708-896. UNAUTHORIZED COMPUTER USE IN THE THIRD DEGREE (1) A person commits the offense of unauthorized computer use in the third degree if he intentionally and without authorization accesses, alters, damages, or destroys any computer, computer system, computer network, computer program, or computer software, or any data stored therein, with a value of not more than $2,500. PENALTIES: ¤ 708-891. Computer fraud in the first degree (2) Computer fraud in the first degree is a class C felony. In lieu of the statutory fine which may be imposed, any person who violates this section may be fined a sum of not more than two times the amount of fraud. ¤ 708-892. Computer fraud in the second degree (2) Computer fraud in the second degree is a misdemeanor. ¤ 708-893. Computer fraud in the third degree (2) Computer fraud in the third degree is a petty misdemeanor. ¤ 708-894. Unauthorized computer use in the first degree (2) Unauthorized computer use in the first degree is a class C felony. ¤ 708-895. Unauthorized computer use in the second degree (2) Unauthorized computer use in the second degree is a misdemeanor. ¤ 708-896. Unauthorized computer use in the third degree (2) Unauthorized computer use in the third degree is a petty misdemeanor. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. CITATION: Ha. Rev. Stat. ¤¤ 708-890 thru 708-896. SOURCE: L. 1984, c. 220, pt of ¤ 2. IDAHOÇIDAHO" \f TÈ TITLE: Computer crime DEFINITIONS: ¤ 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. OFFENSES: ¤ 18-2202. Computer crime ¤ 26-1220. ILLEGAL DATA PROCESSING ACTIVITIES ELEMENTS: ¤ 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 de fraud; 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. ¤ 26-1220. ILLEGAL DATA PROCESSING ACTIVITIES It shall be unlawful for any person to introduce fraudulent records or data into the computer system of a bank or to use the computer related facilities of a bank without the proper authorization, or to alter or destroy information or files in a bank's computer system or to obtain without proper authorization, by electronic or other means, money, financial instruments, property, services or valuable data stored in a bank's computer system. [Penalty set forth below.] PENALTIES: ¤ 18-2202. 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. ¤ 26-1220. Illegal Data Processing Activities [Elements of offense set forth above.] Any person violating the provisions of this section shall be guilty of a felony. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. CITATION: Idaho Code ¤¤ 18-2201, 18-2202, 26-1220. SOURCE: S.L. 1984, ch. 68, ¤ 1, p. 129 [¤¤ 18-2201, -2202]; S.L. 1979, ch. 41, ¤ 2, p. 62 [¤ 26-1220]. ILLINOISÇILLINOIS" \f TÈ TITLE: COMPUTER CRIME PREVENTION LAW DEFINITIONS: ¤ 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. (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. (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. (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. OFFENSES: ¤ 16D-3. COMPUTER TAMPERING ¤ 16D-4. AGGRAVATED COMPUTER TAMPERING ¤ 16D-5. COMPUTER FRAUD ELEMENTS: ¤ 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, or a program or data; (2) Accesses or causes to be accessed a computer or any part thereof, or a program or data, and obtains data or services; (3) Accesses or causes to be accessed a computer or any part thereof, 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 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". ¤ 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. ¤ 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. PENALTIES: ¤ 16D-3. COMPUTER TAMPERING (b) Sentence. (1) A person who commits the offense of computer tampering as set forth in subsection (a)(1) 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. ¤ 16D-4. AGGRAVATED COMPUTER TAMPERING (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. 16D-5. COMPUTER FRAUD (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 is 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. FORFEITURE: ¤ 16D-6. FORFEITURE 1. Any person who commits the offense of computer fraud as set forth in Section 16D-5 shall forfeit, according to the provisions of this Section, any monies, profits or proceeds, and any interest or property which the sentencing court determines he has acquired or maintained, directly or indirectly, in whole or in part, as a result of such offense. Such person shall also forfeit any interest in, security, claim against, or contractual right of any kind which affords him a source of influence over any enterprise which he has established, operated, controlled, conducted or participated in conducting, where his relationship to or in connection with any such thing or activity directly or indirectly, in whole or in part, is traceable to any item or benefit which he has obtained or acquired through computer fraud. Proceedings instituted pursuant to this Section shall be subject to and conducted in accordance with the following procedures: (a) The sentencing court shall, upon petition by the prosecuting agency, whether it is the Attorney General or a State's Attorney, at any time following sentencing, conduct a hearing to determine whether any property or property interest is subject to forfeiture under this Section. At the forfeiture hearing the People of the State of Illinois shall have the burden of establishing, by a preponderance of the evidence, that the property or property interests are subject to such forfeiture. (b) In any action brought by the People of the State of Illinois under this Section, the circuit courts of Illinois shall have jurisdiction to enter such restraining orders, injunctions or prohibitions, or to take such other action in connection with any real, personal, or mixed property or other interest subject to forfeiture, as they shall consider proper. (c) In any action brought by the People of the State of Illinois under this Section, wherein any restraining order, injunction or prohibition or any other action in connection with any property or interest subject to forfeiture under this Section is sought, the circuit court presiding over the trial of the person or persons charged with computer fraud shall first determine whether there is probable cause to believe that the person or persons so charged have committed the offense of computer fraud and whether the property or interest is subject to forfeiture pursuant to this Section. In order to make this determination, prior to entering any such order, the court shall conduct a hearing without a jury, where the People shall establish: (1) probable cause that the person or persons so charged have committed the offense of computer fraud, and (2) probable cause that any property or interest may be subject to forfeiture pursuant to this Section. Such hearing may be conducted simultaneously with a preliminary hearing if the prosecution is commenced by information or complaint, or by motion of the People at any stage in the proceedings. The court may enter a finding of probable cause at a preliminary hearing following the filing of an information charging the offense of computer fraud or the return of an indictment by a grand jury charging the offense of computer fraud as sufficient evidence of probable cause for proposes of this Section. Upon such a finding, the circuit court shall enter such restraining order, injunction or prohibition, or shall take such other action in connection with any such property or other interest subject to forfeiture under this Section, as is necessary to insure that such property is not removed from the jurisdiction of the court, concealed, destroyed or otherwise disposed of by the owner or holder of that property or interest prior to a forfeiture hearing under this Section. The Attorney General or State's Attorney shall file a certified copy of such restraining order, injunction or other prohibition with the recorder of deeds or registrar of titles of each county where any such property of the defendant may be located. No such injunction, restraining order or other prohibition shall affect the rights of any bona fide purchaser, mortgagee, judgment creditor or other lienholder arising prior to the date of such filing. The court may, at any time, upon verified petition by the defendant, conduct a hearing to release all or portions of any such property or interest which the court previously determined to be subject to forfeiture or subject to any restraining order, injunction, prohibition or other action. The court may release such property to the defendant for good cause shown and within the sound discretion of the court. (d) Upon conviction of a person under Section 16D-5, the court shall authorize the Attorney General to seize and sell all property or other interest declared forfeited under this Act, unless such property is required by law to be destroyed or is harmful to the public. The court may order the Attorney General to segregate funds from the proceeds of such sale sufficient: (1) to satisfy any order of restitution, as the court may deem appropriate; (2) to satisfy any legal right, title, or interest which the court deems superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to forfeiture under this Section; or (3) to satisfy any bona-fide purchaser for value of the right, title, or interest in the property who was without reasonable notice that the property was subject to forfeiture. Following the entry of an order of forfeiture, the Attorney General shall publish notice of the order and his intent to dispose of the property. Within the 30 days following such publication, any person may petition the court to adjudicate the validity of his alleged interest in the property. After the deduction of all requisite expenses of administration and sale, the Attorney General shall distribute the proceeds of such sale, along with any moneys forfeited or seized as follows: (1) 50% shall be distributed to the unit of local government whose officers or employees conducted the investigation into computer fraud and caused the arrest or arrests and prosecution leading to the forfeiture. Amounts distributed to units of local government shall be used for training or enforcement purposes relating to detection, investigation or prosecution of financial crimes, including computer fraud. In the event, however, that the investigation, arrest or arrests and prosecution leading to the forfeiture were undertaken soley by a State agency, the portion provided hereunder shall be paid into the Law Enforcement Services Fund of the Illinois Department of State Police to be used for training or enforcement purposes relating to detection, investigation or prosecution of financial crimes, including computer fraud. (2) 50% shall be distributed to the county in which the prosecution and petition for forfeiture resulting in the forfeiture was instituted by the State's Attorney, and deposited in a special fund in the county treasury and appropriated to the State's Attorney for use in training or enforcement purposes relating to detection, investigation or prosecution of financial crimes, including computer fraud. Where a prosecution and petition for forfeiture resulting in the forfeiture has been maintained by the Attorney General, 50% of the proceeds shall be paid into the Attorney General's Financial Crime Prevention Fund. Where the Attorney General and the State's Attorney have participated jointly in any part of the proceedings, 25% of the proceeds forfeited shall be paid to the county in which the prosecution and petition for forfeiture resulting in the forfeiture occurred, and 25% shall be paid to the Attorney General's Financial Crime Prevention Fund to be used for the purposes as stated in this subsection. 2. Where any person commits a felony under any provision of this Code or another statute and the instrumentality used in the commission of the offense, or in connection with or in furtherance of a scheme or design to commit the offense, is a computer owned by the defendant or if the defendant is a minor, owned by his or her parents or legal guardian, the computer shall be subject to the provisions of this Section. However, in no case shall a computer, or any part thereof, be subject to the provisions of the Section if the computer accessed in the commission of the offense is owned or leased by the victim or an innocent third party at the time of the commission of the offense or if the rights of creditors, lienholders, or any person having a security interest in the computer at the time of the commission of the offense shall be adversely affected. VENUE: Not stated. CIVIL REMEDY: ¤ 16D-3. COMPUTER TAMPERING (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. MISCELLANEOUS: ¤ 16D-7. REBUTTABLE PRESUMPTIONÑWITHOUT AUTHORITY In the event that a person accesses or causes to be accessed a computer, which access requires a confidential or proprietary code which has not been issued to or authorized for use by that person, a rebuttable presumption exists that the computer was accessed without the authorization of its owner or in excess of the authority granted. CITATION: III. Rev. Stat. Ch. 38, ¤¤ 16D-1 thru 16D-7. SOURCE: P.A. 85-926, eff. Dec. 1, 1987; amended, P.A. 86-762, Sept. 1, 1989, eff. Jan. 1, 1990. INDIANAÇINDIANA" \f TÈ TITLE: ARSON-MISCHIEF; THEFT-CONVERSION DEFINITIONS: ¤ 35-43-2-3. Computer Trespass (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 with a computer through remote terminals or a complex consisting of two (2) or more interconnected computers. "Computer system" means a set of related computer equipment, software, or hardware. ¤ 35-43-1-4. COMPUTER TAMPERING (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. OFFENSES: ¤ 35-43-2-3. Computer trespass ¤ 35-43-1-4. COMPUTER TAMPERING ELEMENTS: ¤ 35-43-2-3. Computer Trespass (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. ¤ 35-43-1-4. COMPUTER TAMPERING (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. PENALTIES: ¤ 35-43-2-3. Computer trespass A person who [elements of offense set forth above] commits computer trespass, a Class A misdemeanor. ¤ 35-43-1-4. COMPUTER TAMPERING (b) A person who [elements of offense set forth above] commits computer tampering, a Class D felony. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. CITATION: I.C. ¤ 35-43-1-4, 35-43-2-3. SOURCE: P.L. 35-1986, ¤¤ 2, 3. IOWAÇIOWA" \f TÈ TITLE: Computer Crime DEFINITIONS: ¤ 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 system" means related, connected or unconnected, computers or peripheral equipment. 4. "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. 5. "Computer program" means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data. 6. "Computer software" means a set of computer programs, procedures, or associated documentation used in the operation of a computer. 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. "Property" means anything of value as defined in section 702.14, including but not limited to computers and computer data, information, software, and programs. 9. "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. 10. "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. 11. "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. OFFENSES: ¤ 716A.2. Unauthorized access ¤ 716A.3. Computer damage ¤ 716A.9. Computer theft ELEMENTS: ¤ 716A.2. Unauthorized access A person who knowingly and without authorization accesses a computer, computer system, or computer network commits a simple misdemeanor. ¤ 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 8. ¤ 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. PENALTIES: ¤ 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 five thousand dollars. Computer damage in the first degree is a class "C" felony. ¤ 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 five hundred dollars but not more than five thousand dollars. Computer damage in the second degree is a class "D" felony. ¤ 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 one hundred dollars but not more than five hundred dollars. Computer damage in the third degree is an aggravated misdemeanor. ¤ 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 fifty dollars but not more than one hundred dollars. Computer damage in the fourth degree is a serious misdemeanor. ¤ 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 fifty dollars. Computer damage in the fifth degree is a simple misdemeanor. ¤ 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 five thousand dollars. Computer theft in the first degree is a class "C" felony. ¤ 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 five hundred dollars but not more than five thousand dollars. Computer theft in the second degree is a class "D" felony. ¤ 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 one hundred dollars but not more than five hundred dollars. Computer theft in the third degree is an aggravated misdemeanor. ¤ 716A.13. COMPUTER THEFT IN THE FOURTH DEGREE ¤ 716A.13. 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 fifty dollars but not more than one hundred dollars. Computer theft in the fourth degree is a serious misdemeanor. ¤ 716A.14 COMPUTER THEFT IN THE FIFTH DEGREE ¤ 716A.14. 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 fifty dollars. Computer theft in the fifth degree is a simple misdemeanor. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. MISCELLANEOUS: ¤ 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. ¤ 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. CITATION: Iowa Code Ann. ¤¤ 716A.1 thru 716A.16. SOURCE: Acts 1984 (70 G.A.) ch. 1249. COMPUTER CRIME STATUTES May 1, 1995, 3:35 PM - 1 - KANSAS TITLE: CrimeS and Punishments DEFINITIONS: ¤ 21-3755. Definitions (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 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. OFFENSE: ¤ 21-3755. Computer Crime; Unlawful Computer Access ELEMENTS: ¤ 21-3755. Computer Crime; Unlawful Computer Access (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. (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. DEFENSE: ¤ 21-3755. Computer Crime; Unlawful Computer Access 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. PENALTIES: ¤ 21-3755. Computer Crime; Unlawful Computer Access (2)(c) 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. (4) Unlawful computer access is a class A misdemeanor. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. MISCELLANEOUS: ¤ 21-3755. Computer Crime; Unlawful Computer Access (5) This section shall be part of and supplemental to the Kansas criminal code. CITATION: Kansas Stat. ¤ 21-3755. SOURCE: L. 1985, ch. 108, ¤ 1, July 1. KENTUCKYÇKENTUCKY" \f TÈ TITLE: UNLAWFUL ACCESS TO A COMPUTER DEFINITIONS: ¤ 434.840. Definitions For the purposes of KRS 434.845 and 434.850, the following words (including any form of the word) and terms shall have the following meanings: (1) "Access" means to approach, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise make use of any resources of, a computer, computer system, or computer network; (2) "Computer" means a device that can perform substantial computation, including numerous arithmetic or logic operations, without intervention by a human operator during the processing of a job; (3) "Computer network" means a set of two or more computer systems that transmit data over communication circuits connecting them; (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; (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 a set of connected devices including a computer and other devices including, but not limited to, one 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; (7) "Data" is a representation of information, knowledge, facts, concepts, or instructions which are being prepared or have 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; (8) "Financial instruments" 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, or marketable security, or any computer system representation thereof; (9) "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; (10) "To process" is to use a computer to put data through a systematic sequence of operations for the purpose of producing a specified result; (11) "Property" includes, but is not limited to, intellectual property, financial instruments, data, computer programs, documentation associated with data, computers, computer systems and computer programs, all in machine- readable or human-readable form, and any tangible or intangible item of value; and (12) "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. OFFENSES: ¤ 434.845. Unlawful access to a computer in the first degree ¤ 434.850. Unlawful access to computer in the second degree ¤ 434.855. Misuse of computer information ELEMENTS: ¤ 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 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; or (c) Altering, damaging, destroying, or attempting to alter, damage, or destroy, any computer, computer system, or computer network, or any computer software, program, or data. ¤ 434.850. Unlawful access to computer in the second degree (1) A person is guilty of unlawful access to a computer in the second degree when he without authorization knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program, data, computer, ccomputer system, computer network, or any part thereof. ¤ 434.855. Misuse of computer information (1) A person is guilty of misuse of computer information when he: (a) Receives, conceals, or uses, or aids another in doing so, any proceeds of a violation of KRS 434.845; or (b) Receives, conceals, or uses or aids another in doing so, any books, records, documents, property, financial instrument, computer software, computer program, or other material, property, or objects, knowing the same to have been used in or obtained from a violation of KRS 434.845. PENALTIES: ¤ 434.845. Unlawful access to a computer in the first degree (3) Unlawful access to a computer in the first degree is a Class C felony. ¤ 434.850. Unlawful access to computer in the second degree (2) Unlawful access to a computer in the second degree is a Class A misdemeanor. ¤ 434.855. Misuse of computer information (2) Misuse of computer information is a Class C felony. DEFENSE: ¤ 434.845. Unlawful access to a computer in the first degree (2) Accessing, attempting to access, or causing to be accessed any computer software, computer program, data, computer, computer system, computer network, or any part thereof, even though fraud, false or fraudulent pretenses, representations, or promises may have been involved in the access or attempt to access shall not constitute a violation of this section if the sole purpose of the access was to obtain information and not to commit any other act proscribed by this section. VENUE: ¤ 434.860. Venue For the purpose of venue under the provisions of KRS 434.845, 434.850 or 434.855, any violation of KRS 434.845, 434.850 or 434.855 shall be considered to have been committed: in any county in which any act was performed in furtherance of any transaction violating KRS 434.845, 434.850 or 434.855; 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 furtherance of said violation; and 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. CIVIL REMEDY: No reference to civil remedy. CITATION: Ky. Rev. Stat. Ann. ¤¤ 434.840 thru 434.860. SOURCE: Acts 1984, ch. 210, eff. July 13, 1984. LOUISIANAÇLOUISIANA" \f TÈ TITLE: Computer Related Crime DEFINITIONS: ¤ 73.1. Definitions As used in this Subpart unless the context clearly indicates otherwise: (1) "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. (2) "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, or a portable hand-held calculator, nor shall "computer" include 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. (3) "Computer network" means a set of related, remotely connected devices and communication facilities including at least one computer system with capability to transmit data through communication facilities. (4) "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. (5) "Computer services" means providing access to or services or data from a computer, a computer system, or a computer network. (6) "Computer software" means a set of computer programs, procedures, and associated documentation concerned with operation of a computer system. (7) "Computer system" means a set of functionally related, connected or unconnected, computer equipment, devices, or computer software. (8) "Financial instrument" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, access card as defined in R.S. 14:67.3, or marketable security. (9) "Intellectual property" includes data, computer programs, computer software, trade secrets as defined in R.S. 51:1431(4), copyrighted material, 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. (10) "Proper means" include: (a) Discovery by independent invention; (b) 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; (c) Discovery under license or authority of the owner; (d) Observation of the property in public use or on public display; or (e) Discovery in published literature. (11) "Property" means property as defined in R.S. 14:2(8) 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. OFFENSES: ¤ 73.2. Offenses against intellectual property ¤ 73.3. OFFENSES AGAINST COMPUTER EQUIPMENT OR SUPPLIES ¤ 73.4. OFFENSES AGAINST COMPUTER USERS ¤ 73.5. COMPUTER FRAUD ELEMENTS: ¤ 73.2. Offenses against intellectual property A. An offense against intellectual property is the intentional: (1) Destruction, insertion, or modification, without consent, of intellectual property; or (2) Disclosure, use, copying, taking, or accessing, without consent, of intellectual property. ¤ 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. ¤ 73.4. OFFENSES AGAINST COMPUTER USERS A. An offense against computer users is the intentional 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. ¤ 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. PENALTIES: ¤ 73.2. Offenses against intellectual property B. (1) Whoever commits an offense against intellectual property shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both, for commission of the offense. (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. ¤ 73.3. OFFENSES AGAINST COMPUTER EQUIPMENT OR SUPPLIES 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. ¤ 73.4. OFFENSES AGAINST COMPUTER USERS B. (1) Whoever commits an offense against computer users shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both, for commission of the offense. (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. ¤ 73.5. COMPUTER FRAUD 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. DEFENSE: ¤ 73.2. Offenses against intellectual property C. The provisions of this Section shall not apply to disclosure, use, copying, taking, or accessing by proper means as defined in this Subpart. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. CITATION: La. R.S. ¤¤ 73.1 thru 73.5. SOURCE: 1984 La. Act 711; amended, Acts 1988, No. 184, ¤ 1, eff. July 1, 1988. MAINEÇMAINE" \f TÈ TITLE: COMPUTER CRIMES DEFINITIONS: ¤ 431. DEFINITIONS As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. 1. "Access" means to gain logical entry into, instruct, communicate with, store data in or retrieve data from any computer resource. 2. "Computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device. 3. "Computer information" means a representation of information, knowledge, facts, concepts or instructions that are confidential or proprietary, are being prepared or have been prepared from an organized set of data and are located in computer memory or on magnetic, optical or mechanical media transferable directly to or useable directly by a computer as a source of data or instructions. 4. "Computer network" means a combination of one or more computers and communication facilities with the capability to transmit information among the devices or computers. 5. "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. 6. "Computer software" means a set of computer programs, procedures and associated documentation used in the operation of a computer system. 7. "Computer system" means any combination of a computer or computers with the documentation, computer software or physical facilities supporting the computer. 8. "Computer resource" means a computer program, computer software, computer system, computer network, computer information or any combination thereof. 9. "Computer virus" means any computer instruction, information, data or program that degrades the performance of a computer resource; disables, damages or destroys a computer resource; or attaches itself to another computer resource and executes when the host computer program, data or instruction is executed or when some other event takes place in the host computer resource, data or instruction. 10. "Damage" means to destroy, alter, disrupt, delete, add, modify, or rearrange any computer resource by any means. 11. "Not authorized" and "unauthorized" mean not having consent or permission of the owner, or person licensed or authorized by the owner to grant consent or permission, to access or use any computer resource, or accessing or using any computer resource in a manner exceeding the consent or permission. OFFENSES: ¤ 432. CRIMINAL INVASION OF COMPUTER PRIVACY ¤ 433. AGGRAVATED CRIMINAL INVASION OF COMPUTER PRIVACY ELEMENTS: ¤ 432. CRIMINAL INVASION OF COMPUTER PRIVACY 1. A person is guilty of criminal invasion of computer privacy if the person intentionally accesses any computer resource knowing that the person is not authorized to do so. ¤ 433. AGGRAVATED CRIMINAL INVASION OF COMPUTER PRIVACY 1. A person is guilty of aggravated criminal invasion of computer privacy if the person: A. Intentionally makes an unauthorized copy of any computer program, computer software or computer information, knowing that the person is not authorized to do so; B. Intentionally or knowingly damages any computer resource of another person, having no reasonable ground to believe that the person has the right to do so; or C. Intentionally or knowingly introduces or allows the introduction of a computer virus into any computer resource, having no reasonable ground to believe that the person has the right to do so. PENALTIES: ¤ 432. CRIMINAL INVASION OF COMPUTER PRIVACY 2. Criminal invasion of computer privacy is a Class D crime. ¤ 433. AGGRAVATED CRIMINAL INVASION OF COMPUTER PRIVACY 2. Aggravated criminal invasion of computer privacy is a Class C crime. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. CITATION: MRSA ¤¤ 431 thru 433. SOURCE: 1990, c. 620. MARYLANDÇMARYLAND" \f TÈ TITLE: UNAUTHORIZED ACCESS TO COMPUTERS PROHIBITED DEFINITIONS: ¤ 146. Definitions (a) In this section the following words have the meanings indicated. (1)(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 any property, data storage facility, or communications facility that is directly related to or operated in conjunction with that device or system. (iii) "Computer" does not include an automated typewriter or typesetter, or a portable calculator. (2) "Computer control language" means any ordered statements that direct a computer to perform specific functions. (3) "Computer data base" means a representation of information, knowledge, facts, concepts, or instructions that: (i) Are being prepared or have been prepared in a formalized manner or are or have been produced by a computer, computer, or computer network; and (ii) Are intended for use in a computer, computer system, or computer network. (4) "Computer network" means the interconnection of 1 or more computers through: (i) The use of satellite, microwave, line, or other communication media; and (ii) Terminals or a complex consisting of 2 or more interconnected computers whether or not the interconnection is continuously maintained. (5) "Computer program" means an ordered set of instructions or statements that may interact with related data that, when executed in a computer system, causes the computer to perform specified functions. (6) "Computer services" includes, but is not limited to, computer time, data processing, and storage functions. (7) "Computer software" means computer programs, instructions, procedures, or associated documentation that is concerned with the operation of a computer system. (8) "Computer system" means 1 or more connected or unconnected computers, peripheral devices, software, data or programs. (9) "Access" means to instruct, communicate with, store data in, retrieve data from, or otherwise make use of equipment including, but not limited to, computers and other data processing equipment or resources connected therewith. OFFENSES: ¤ 146. Illegal Access ELEMENTS: ¤ 146. Illegal access (c) A person may not intentionally, willfully, and without authorization access, attempt to access, or cause access to a computer, computer network, computer software, computer control language, computer system, computer services, computer data base, or any part of these systems or services. (2) A person may not intentionally, willfully, and without authorization access, attempt to access, or cause access to a computer, computer network, computer software, computer control language, computer system, computer services, computer data base, or any part of these systems or services to: (i) Cause the malfunction or interrupt the operation of a computer, computer network, computer software, computer control language, computer system, computer services, computer data base, or any part of these systems or services; or (ii) Alter, damage, or destroy data or a computer program stored, maintained, or produced by a computer, computer network, computer system, computer services, computer data base, or any part of these systems or services. (3) A person may not intentionally, willfully, and without authorization: (i) Identify or attempt to identify any valid access codes; or (ii) Distribute or publicize any valid access codes to any unauthorized person. PENALTIES: ¤ 146. UNAUTHORIZED access (d)(1) Any person who violates any provision of subsection (c)(1) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 3 years or both. (d)(2) Any person who violates any provision of subsection (c)(2) or (c)(3) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years or both. ¤ 146. SCOPE OF OFFENSES; JURISDICTION (e)(1) When illegal access to a computer, computer network, computer control language, computer system, computer services, computer data base, or any part of these systems or services is committed in violation of this section pursuant to 1 scheme or continuing course of conduct, the conduct may be considered as 1 offense. VENUE: ¤ 146. SCOPE OF OFFENSES; JURISDICTION (2) A court of competent jurisdiction in this State may try a person who allegedly violates any provision of subsection (c) of this section in any county in this State where: (i) The person performs the act; or (ii) The accessed computer is located. CIVIL REMEDY: No reference to civil remedy. MISCELLANEOUS: ¤ 146. OTHER APPLICABLE CODE PROVISIONS (b) This section does not preclude the applicability of any other provision of this Code. CITATION: Md. Code Ann. ¤ 146. SOURCE: 1984, ch. 588; 1989, ch. 722. MASSACHUSETTSÇMASSACHUSETTS" \f TÈ TITLE: AN ACT TO PREVENT COMPUTER CRIME DEFINITIONS: ¤ 1. DEFINITIONS For the purposes of this Act, the following terms have the following meanings: "Access" means to gain entry to or communicate with a computer system or computer network by using a computer terminal or similar device. "Computer equipment" or "hardware" means central processing units, microprocessors, data storage and other computer memory devices, and computer terminals or similar devices. "Computer services" means data input, data output, data processing or data storage by or in a computer system or computer network. "Computer network" means two or more computer systems connected so as to permit the exchange or sharing of data between or among them. "Computer program" or "software" means a set of computer- readable instructions or statements which when executed by a computer system causes the computer system or the computer network to which it is connected to perform computer services. "Computer system" means computer equipment or hardware connected together and operating under the control of one or more computer programs. "Data" means information stored in a computer system or on electronic media or processed in a computer system. "Injury" means addition, alteration, damage, deletion, destruction, denial of access with respect to data in or functions of a computer system or computer network. "Victim expenditure" means and expenditure reasonably and necessarily incurred by a lawful user of a computer system or computer network (i) to verify that the user's data or computer programs were or were not injured and (ii) to repair any injury. "Without authorization" means without the permission of or in excess of the permission of an owner, lessor or rightful user or someone licensed or privileged by an owner, lessor or rightful user to grant such permission. OFFENSES: ¤ 2. [NOT SPECIFICALLY TITLED IN STATUTORY HEADINGS] ELEMENTS: ¤ 2. [NOT SPECIFICALLY TITLED IN STATUTORY HEADINGS] Except as otherwise provided in Section 7 of this Act, any person who commits any of the following acts is guilty of a public offense: (1) Without authorization accesses a computer system or computer network and purposefully, knowingly or recklessly adds, alters, changes, deletes, destroys or otherwise uses any data, computer, computer system or computer network in order to either (A) devise or execute any scheme or artifice to steal, defraud, deceive or extort or (B) wrongfully control or obtain money, property, computer services, or data. (2) without authorization accesses a computer system or computer network and purposefully, knowingly or recklessly takes or uses for any period of time any data from such computer, computer system or computer network. (3) without authorization accesses a computer system or computer network and purposefully, knowingly or recklessly uses or causes to be used computer services. This paragraph shall not apply to any person who accesses or uses the computer, computer system or computer network of another provided such activities (i) do not cause an injury as defined in Section (2) or (ii) the aggregate value of the computer services which are used wrongfully are not in excess of $250. (4) without authorization accesses a computer, computer system or computer network and purposefully, knowingly or recklessly adds, alters, damages, deletes or destroys any data which is in a computer system or computer network. (5) without authorization accesses a computer system or computer network and purposefully, knowingly or recklessly disrupts or causes the disruption of computer services to an authorized user of a computer, computer system or computer network. (6) purposefully, knowingly or recklessly provides or assists in providing a means of accessing, without authorization a computer, computer system or computer network. (7) without authorization accesses a computer, computer system or computer network and purposefully, knowingly or recklessly obtains or uses any employment, medical, family, credit, academic, commercial or personal information relating to any other person that resides in such computer, computer system or computer network. PENALTIES: ¤ 4. [NOT SPECIFICALLY TITLED IN STATUTORY HEADINGS] Whoever violates paragraphs (1), (2), (4) or (5) of section 3 shall be punished by imprisonment in the state prison for not more than three years, or by a fine of not more than one hundred thousand dollars or by both such fine and imprisonment. Whoever violates paragraphs (3), (6) or (7) of section 3 shall be punished as follows: (A) For a first violation which does not result in an injury, an infraction shall be punishable by a fine not more than one thousand dollars. (B) For any violation which results in a victim expenditure in an amount of not more than five thousand dollars, or for a second or subsequent violation, by a fine of not more than ten thousand dollars. (C) For any violation that results in a victim expenditure in an amount greater than five thousand dollars, by a fine not exceeding twenty-five thousand dollars, or by imprisonment in a jail or house of correction for a term of not more than one year or by both such fine and imprisonment. DEFENSES: ¤ 7. [NOT SPECIFICALLY TITLED IN STATUTORY HEADINGS] Section 3 of this Act shall not apply to any person who accesses his or her employer's computer system, computer network or computer program or data when acting within the scope of his or her lawful employment. Paragraph (3) of Section 3 shall not apply to any employee who accesses his or her employer's computer system, computer network or computer program or data when acting outside the scope of his or her lawful employment provided the employee's activities do not cause an injury, as defined in section 2 to the employer or another person or persons, or the aggregate value of the computer services, as defined in section 2, which are used do not exceed two hundred fifty dollars. ¤ 8. [NOT SPECIFICALLY TITLED IN STATUTORY HEADINGS] No activity exempted from prosecution under section 7 which incidentally violates paragraphs (2), (4) or (7) of Section 3 shall be prosecuted under those paragraphs. VENUE: ¤ 9. [NOT SPECIFICALLY TITLED IN STATUTORY HEADINGS] For purposes of bringing a civil or criminal action under this section, a person who causes by any means the access of a computer system or computer network in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer system or computer network in each jurisdiction. CIVIL REMEDY: Referred to but not specified in venue provision above. PURPOSE: ¤ 1. [NOT SPECIFICALLY TITLED IN STATUTORY HEADINGS] It is the intent of the Legislature in enacting this section to expand the degree of protection afforded to individuals, businesses and governmental agencies from tampering, interference, damage and unauthorized access to lawfully created computer data and computer systems. The Legislature finds and declares that the proliferation of computer technology has resulted in the concomitant proliferation of computer crime and other forms of unauthorized access to computers, computer systems and data. The Legislature finds and declares that protection of the integrity of all types and forms of lawfully created computers, computer systems and data is vital to the protection of the privacy of individuals as well as to the well-being of financial institutions, business concerns, governmental agencies and others within this Commonwealth that lawfully utilize those computers, computer systems and data. MISCELLANEOUS: ¤ 5. [NOT SPECIFICALLY TITLED IN STATUTORY HEADINGS] Any act or conduct in violation of Section 3 which results in an injury shall be an unfair or deceptive act or practice for all purposes of M.G.L. Ch. 93A. ¤ 6. [NOT SPECIFICALLY TITLED IN STATUTORY HEADINGS] This Act shall not be construed to preclude the applicability of any other provision of the criminal law of this Commonwealth which applies or may apply to any transaction, nor shall it make illegal any employee labor relations activities that are within the scope or protection of state or federal labor laws. CITATION: Unavailable. SOURCE: Enacted August 8, 1990, citation unavailable (Senate Bill No. 1453). MICHIGANÇMICHIGAN" \f TÈ TITLE: Computers DEFINITIONS: ¤ 752.791. MEANINGS OF WORDS AND PHRASES ¤. 1. For the purposes of this act, the words and phrases defined in sections 2 and 3 have the meanings ascribed to them in those sections. ¤ 752.792. Definitions ¤ 2. (1) "Access" means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise use the 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 or magnetic impulses, and includes input, output, processing, storage, software, or communication facilities which are connected or related to a device in a system or network. (3) "Computer network" means the interconnection of communication lines with a computer through remote terminals, or a complex consisting of 2 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 the 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 related, connected or unconnected, computer equipment, devices, and software. ¤ 752.793. DEFINITIONS ¤ 3. (1) "Property" includes financial instruments; information, including electronically produced data; computer software and programs in either machine or human readable form; and any other tangible or intangible item of value. (2) "Services" includes computer time, data processing, and storage functions. OFFENSES: ¤ 752.794. Access to computers for devising or executing scheme to defraud or obtain money, property, or service ¤ 752.795. Gaining access to alter, damage, or destroy computers, computer programs, or data ¤ 752.796. Use of computers to commit violations of certain sections ELEMENTS: ¤ 752.794. Access to computers for devising or executing scheme to defraud or obtain money, property, or service ¤ 4. A person shall not, for the purpose of devising or executing a scheme or artifice with intent to defraud or for the purpose of obtaining money, property, or a service by means of a false or fraudulent pretense, representation, or promise with intent to, gain access to or cause access to be made to a computer, computer system, or computer network. ¤ 752.795. Gaining access to alter, damage, or destroy computers, computer programs, or data ¤ 5. A person shall not intentionally and without authorization, gain access to, alter, damage, or destroy a computer, computer system, or computer network, or gain access to, alter, damage, or destroy a computer software program or data contained in a computer, computer system, or computer network. ¤ 752.796. Use of computers to commit violations of certain sections ¤ 6. A person shall not utilize a computer, computer system, or computer network to commit a violation of section 174 of Act No. 328 of the Public Acts of 1931, as amended, being section 750.174 of the Michigan Compiled Laws, section 279 of Act No. 328 of the Public Acts of 1931, being section 750.279 of the Michigan Compiled Laws, section 356 of Act No. 328 of the Public Acts of 1931, as amended, being section 750.356 of the Michigan Compiled Laws, or section 362 of Act No. 328 of the Public Acts of 1931, as amended, being section 750.362 of the Michigan Compiled Laws. PENALTIES: ¤ 752.797. Violations; misdemeanor, felony, penalties ¤ 7. A person who violates this act, if the violation involves $100.00 or less, is guilty of a misdemeanor. If the violation involves more than $100.00, the person is guilty of a felony, punishable by imprisonment for not more than 10 years, or a fine of not more than $5,000.00 or both. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. CITATION: Mich. Comp. Laws, ¤ 752.791 to ¤ 752.797. SOURCE: P.A. 1979, No. 53, eff. March 27, 1980. MINNESOTAÇMINNESOTA" \f TÈ TITLE: Crimes Against Commerce DEFINITIONS: ¤ 609.87. COMPUTER CRIME; Definitions Subdivision 1. Applicability. For purposes of sections 609.87 to 609.89, and section 609.891, 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. 3. Computer. "Computer" means an electronic device which performs logical, arithmetic and 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. 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: (1) is intended to protect the confidentiality and secrecy of data and information stored in or accessible through the computer system; and (2) 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. 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. OFFENSES: ¤ 609.88. Computer damage ¤ 609.89. Computer theft ELEMENTS: ¤ 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 and 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. ¤ 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 permanently deprive the owner of 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. ¤ 609.891. UNAUTHORIZED COMPUTER ACCESS Subdivision 1. Crime. A person is guilty of unauthorized computer access if the person intentionally and without authority attempts to or does penetrate a computer security system. PENALTIES: ¤ 609.88. Computer damage 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 $700, or both. ¤ 609.89. Computer THEFT 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 $700, or both. ¤ 609.891. UNAUTHORIZED COMPUTER ACCESS 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 a term of imprisonment of 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 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 $700, or both. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. CITATION: Minn. Stat., ¤¤ 609.87 thru 609.8. SOURCE: Laws 1982, c. 534, eff. August 1, 1982; amended, Laws 1984, c. 628, art 3., ¤ 11, eff. May 3, 1984; Laws 1986, c. 444; amended, Laws 1990, c. 494. MISSISSIPPIÇMISSISSIPPI" \f TÈ TITLE: Computer Crimes DEFINITIONS: ¤ 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 data base 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) "Financial instruments" 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. (i) "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. (j) "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. (k) "Proper means" includes: (i) Discovery by independent invention; (ii) Discovery of "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. (l) "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. OFFENSES: ¤ 97-45-3. Computer fraud ¤ 97-45-5. Offense against computer users ¤ 97-45-7. Offense against computer equipment ¤ 97-45-9. Offense against intellectual property ELEMENTS: ¤ 97-45-3. Computer fraud (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; or (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. ¤ 97-45-5. Offense against computer users (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. ¤ 97-45-7. Offense against computer equipment (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. ¤ 97-45-9. Offense against intellectual property (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. PENALTIES: ¤ 97-45-3. Computer fraud (2) Whoever commits the offense of computer fraud shall 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. ¤ 97-45-5. Offense against computer users (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. ¤ 97-45-7. Offense against computer equipment (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. ¤ 97-45-9. Offense against 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. DEFENSE: ¤ 97-45-9. OFFENSE AGAINST INTELLECTUAL PROPERTY (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. VENUE: ¤ 97-45-11. VENUE ¤ 97-45-11. 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 or communication. CIVIL REMEDY: No reference to civil remedy. MISCELLANEOUS: ¤ 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. CITATION: Miss. Code Ann., ¤¤ 97-45-1 thru 97-45-13. SOURCE: Laws, 1985, ch. 319, eff. July 1, 1985. MISSOURIÇMISSOURI" \f TÈ TITLE: Crimes and Punishment DEFINITIONS: ¤ 569.093. Definitions As used in sections 569.094 to 569.099 and in section 537.525, RSMo, the following terms mean: (1) "Access", to instruct, communicate with, store data in, retrieve or extract data from, or otherwise make any use of any resources of, a computer, computer system, or computer network; (2) "Computer", a functional unit that can perform substantial computation, including numerous arithmetic operations, logic operations, or data processing, without intervention by a human operator during a run; (3) "Computer equipment", computers, terminals, data storage devices, and all other computer hardware associated with a computer system or network; (4) "Computer network", a complex consisting of two or more interconnected computers or computer systems; (5) "Computer program", a set of instructions, statements, or related data that directs or is intended to direct a computer to perform certain functions; (6) "Computer software", a set of computer programs, procedures, and associated documentation pertaining to the operation of a computer system or computer network; (7) "Computer system", a set of related, connected or unconnected, computer equipment, data, or software; (8) "Damage", any alteration, deletion, or destruction of any part of a computer system or network; (9) "Data", 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. Data may be in any form including, but not limited to, printouts, microfiche, magnetic storage media, punched cards and as may be stored in the memory of a computer; 10) "Property", anything of value as defined in subdivision (10) of section 570.010, RSMo, and 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; (11) "Services", the use of a computer, computer system, or computer network and includes, but is not limited to, computer time, data processing, and storage or retrieval functions. OFFENSES: ¤ 569.095. Tampering with computer data ¤ 569.097. Tampering with computer equipment ¤ 569.099. Tampering with computer USERS ELEMENTS: ¤ 569.095. Tampering with computer data 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. ¤ 569.097. TAMPERING WITH COMPUTER EQUIPMENT 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. ¤ 569.099. Tampering with computer USERS 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 service 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. PENALTIES: ¤ 569.095. Tampering with computer datA 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 one hundred fifty dollars or more, in which case it is a class D felony. ¤ 569.097. Tampering with computer equipment. 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 one hundred fifty 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 one hundred fifty 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 case C felony. ¤ 569.099. Tampering with computer USERS 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 one hundred fifty dollars or more, in which case tampering with computer users is a class D felony; VENUE: Not stated. CIVIL REMEDY: ¤ 537.525. Tampering with computer datA, Computer EQUIPMENT, or computer USERS_DAMAGES_ATTORNEY'S FEES, CERTAIN EXPENSES, AWARDED WHEN 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 596.099, 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. MISCELLANEOUS: ¤ 569.094. COMPUTER PRINTOUTS USED AS EVIDENCE In a prosecution under sections 569.095 to 569.099, computer printouts shall be competent evidence of any computer software, program, or data contained in or taken from a computer, computer system, or computer network. CITATION: Mo. Rev. Stat., ¤¤ 537.525, 569.093 thru 569.099. SOURCE: L. 1987, H.B. No. 208 [¤ 537.525]; L. 1982, p. 693; amended, L. 1987, H.B. No. 208 [¤¤ 569.093 to 569.099]. MONTANAÇMONTANA" \f TÈ TITLE: Offenses Against Property DEFINITIONS: ¤ 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. OFFENSES: ¤ 45-6-311. Unlawful use of a computer ELEMENTS: ¤ 45-6-311. Unlawful use of a computer (1) A person commits the offense of unlawful use of a computer if he 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. PENALTIES: ¤ 45-6-311. Unlawful use of a computer (c)(2) A person convicted of the offense of unlawful use of a computer involving property not exceeding $300 in value shall be fined not to exceed $500 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 $300 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. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. CITATION: Mont. Code Ann., ¤¤ 45-6-310, 45-6-311. SOURCE: En. Sec. 2, 3, Ch. 485, L. 1981; amended, Sec. 4, Ch. 581, L. 1983. NEBRASKAÇNEBRASKA" \f TÈ TITLE: miscellaneous offenses DEFINITIONS: ¤ 28-1343. TERMS, DEFINED For purposes of Sections 28-1343 to 28-1348, unless the context otherwise requires: (1) Access shall mean to instruct, communicate with, store data in, retrieve data from, or otherwise use the resources of a computer or computer network; (2) Computer shall mean a high-speed data processing device or system which performs logical, arithmetic, data storage and retrieval, communication, or control functions and includes 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 communication links with a computer or an interconnection of computers which communicate with each other; (4) Computer program shall mean a set of instructions, statements, or related data that directs or is intended to direct the computer to perform certain specified functions; (5) 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; (6) Property shall mean any tangible or intangible thing of value and shall include, but not be limited to, financial instruments, data, computer programs, information, computer- produced or stored data, supporting documentation, or data in transit, whether in human or computer readable form; (7) Services shall mean use of a computer or computer network including, but not limited to, data processing and storage functions, computer programs, or data. OFFENSES: ¤ 28-1344. Depriving or obtaining property or services ¤ 28-1345. Harming or Disrupting Operations ¤ 28-1346. Obtaining confidential public information ¤ 28-1347. Access without authorization; exceeding authorization ELEMENTS: ¤ 28-1344. Depriving or obtaining property or services Any person who intentionally accesses or causes to be accessed, directly or indirectly, any computer or computer network without authorization, or who. having accessed any computer 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. ¤ 28-1345. Harming or Disrupting Operations Any person who accesses or causes to be accessed any computer or computer network without authorization or who, having accessed any computer 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 network, computer program, data, or other property; or (2) disrupts the operation of any computer or computer network, except that any person who causes losses with a value of one thousand dollars or more by such conduct shall be guilty of a Class III felony. ¤ 28-1346. Obtaining confidential public information Any person who intentionally accesses or causes to be accessed any computer or computer network without authorization, or who, having accessed any computer 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. ¤ 28-1347. Access without authorization; exceeding authorization Any person who intentionally accesses any computer, computer program, or data without authorization and with knowledge that such access was not authorized or who, having accessed any computer or computer network with authorization, knowingly and intentionally exceeds the limits of such authorization shall be guilty of a Class V misdemeanor. For second or subsequent offense under this section, such person shall be guilty of a Class II misdemeanor. PENALTIES: ¤ 28-1344. Depriving or obtaining property or services Any person who [see elements of offense above] 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. ¤ 28-1345. Harming or Disrupting Operations Any person who [see elements of offense above] shall be guilty of a Class IV felony if he or she intentionally: (1) Alters, damages, deletes, or destroys any computer, computer network, computer program, data, or other property; or (2) disrupts the operation of any computer or computer network, except that any person who causes losses with a value of one thousand dollars or more by such conduct shall be guilty of a Class III felony. ¤ 28-1346. Obtaining confidential public information. Any person who [see elements of offense above] 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. ¤ 28-1347. Access without authorization; exceeding authorization Any person who [see elements of offense above] 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. MISCELLANEOUS: ¤ 28-1348. SECTIONS; HOW CONSTRUED Sections 28-1343 to 28-1348 shall not be construed to preclude the applicability of any other provision of Chapter 28 which may apply to any transaction described in such sections. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. CITATION: Neb. Rev. Stat. ¤¤ 28-1343 thru 28-1348. SOURCE: Laws 1985, LB 371. NEVADAÇNEVADA" \f TÈ TITLE: Crimes Against Property DEFINITIONS: ¤ 205.473. Definitions. As used in NRS 205.473 to 205.477, inclusive, unless the context otherwise requires, the words and terms defined in NRS 205.4735 to 205.476, inclusive, have the meanings ascribed to them in those sections. ¤ 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. ¤ 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. ¤ 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 them. ¤ 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. ¤ 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. ¤ 205.476. "System" defined. "System" means a set of related equipment, whether or not connected, which is used with or for a computer. OFFENSES: ¤ 205.4765. Unlawful use or destruction of computer, system or network ¤ 205.477. Unlawful use or denial of use of computer, system or network ELEMENTS: ¤ 205.4765. Unlawful use or destruction of computer, system or network. 1. Except as otherwise provided in subsection 4, a person who knowingly, willingly and without authorization: (a) Modifies; (b) Destroys; (c) Discloses; (d) Uses; (e) Takes; (f) Copies; or (g) Enters, 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 4, a person who knowingly, willingly and without authorization: (a) Modifies; (b) Destroys; (c) Uses; (d) Takes; or (e) Damages, 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 4, a person who knowingly, willingly and without authorization: (a) Destroys; (b) Damages; or (c) Takes, a computer, system or network is guilty of a misdemeanor. 4. If the violation of subsection 1, 2 or 3: (a) Was committed to devise or execute a scheme to defraud or illegally obtain property; (b) Caused damage in excess of $500 or (c) Caused an interruption or impairment of a public service, such as a governmental operation, system of public communication or transportation or supply of water, gas or electricity the person shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $100,000. ¤ 205.477. Unlawful use or denial of use of computer, system or network 1. Except as otherwise provided in subsection 3, a person who knowingly, willfully and without authorization denies or causes the denial of the 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 subsection 3, a person who knowingly, willingly and without authorization uses or causes the use of a computer, system or network to: (a) Obtain personal information about another person; or (b) Enter false information about another person to wrongfully damage or enhance that person's credit rating, is guilty of a misdemeanor. 3. If the violation of subsection 1 or 2 was committed to devise or execute a scheme to defraud or illegally obtain property, the person shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $100,000. PENALTIES: ¤ 205.4765. Unlawful use or destruction of computer, system or network. 1. * * * a person who [elements of offense stated above] is guilty of a misdemeanor. 2. * * * a person who [elements of offense stated above] is guilty of a misdemeanor. 3. * * * a person who [elements of offense stated above] is guilty of a misdemeanor. 4. * * * [elements of offense stated above] the person shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $100,000 * * * ¤ 205.477. Unlawful use or denial of use of computer, system or network 1. * * * a person who [elements of offense stated above] is guilty of a misdemeanor. 2. * * * a person who [elements of offense stated above] is guilty of a misdemeanor. 3. * * * [elements of offense stated above] the person shall be punished by imprisonment in the state prison for not less than 1 year nor more than 6 years, and may be further punished by a fine of not more than $100,000 * * * VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. CITATION: NRS ¤¤ 205.473 thru 205.477. SOURCE: Added to NRS by 1983, 1203, 1204. NEW HAMPSHIREÇNEW HAMPSHIRE" \f TÈ TITLE: Computer Crime DEFINITIONS: ¤ 638:16. Definitions. For the purpose of this subdivision: I. "Access" means to instruct, communicate with, store data in, or retrieve data from a computer, computer system, or computer network. II. "Computer" means a programmable, electronic device capable of accepting and processing data. III. "Computer network" means (a) a set of related devices connected to a computer by communications facilities, or (b) a complex of 2 or more computers, including related devices, connected by communications facilities. IV. "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. V. "Computer services" includes, but is not limited to, computer access, data processing, and data storage. VI. "Computer software" means one or more computer programs, existing in any form, or any associated operational procedures, manuals, or other documentation. VII. "Computer system" means a computer, its software, related equipment, communications facilities, if any, and includes computer networks. VIII. "Data" means information of any kind in any form, including computer software. IX. "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. X. "Property" means anything of value, including data. OFFENSES: ¤ 638:17. Computer Related Offenses I. [unauthorized access] II. [theft OF COMPUTER SERVICES] III. [interruption of computer services] IV. [misuse of computer system information] V. [destruction of computer EQUIPMENT] ELEMENTS: ¤ 638:17. Computer Related Offenses. I. 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 knowingly accesses or causes to be accessed any computer system without authorization. * * * [Affirmative defense set forth below.] II. A person is guilty of the computer crime of theft of computer services when he knowingly accesses or causes to be accessed or otherwise uses or causes to be used a computer system with the purpose of obtaining unauthorized computer services. III. A person is guilty of the computer crime of interruption of computer services when he, 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 system. IV. A person is guilty of the computer crime of misuse of computer systems information when: (a) As a result of his accessing or causing to be accessed a computer system, he 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 system; or (b) He knowingly or recklessly and without authorization: (1) 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 (2) Intercepts or adds to data residing within a computer system; or (c) He knowingly receives or retains data obtained in violation of subparagraph (a) or (b) of this paragraph; or (d) He knowingly uses or discloses any data he knows or believes was obtained in violation of subparagraph (a) or (b) or this paragraph. V. A person is guilty of the computer crime of destruction of computer equipment when he, without authorization, knowingly or recklessly tampers with, takes, transfers, conceals, alters, damages, or destroys any equipment used in a computer system or knowingly or recklessly causes any of the foregoing to occur. PENALTIES: ¤ 638:18. Computer Crime Penalties I. Computer crime constitutes a class A felony if the damage to or the value of the property or computer services exceeds $1,000. II. Computer crime constitutes a class B felony if: (a) The damage to or the value of the property or computer services exceeds $500; or (b) The person recklessly engages in conduct which creates a risk of serious physical injury to another person. III. Computer crime is a misdemeanor if the damage to or the value of the property or computer services, if any, is $500 or less. IV. If a person has gained money, property, or services or other consideration through the commission of any offense under RSA 638:17, upon conviction thereof, the court, in addition to any sentence of imprisonment or other form of sentence authorized by RSA 651, may, in lieu of imposing a fine, 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 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. V. For the purposes of this section: (a) 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 RSA 638:17 the cost of reproducing or replacing the property or computer services at the time of the violation. (b) Amounts included in violations of RSA 638:17 committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense. (c) When the value of the property or computer services or damage cannot be satisfactorily ascertained, the value shall be deemed to be $250. VENUE: ¤ 638:19. VENUE I. In any prosecution for a violation of RSA 638:17 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. II. In any prosecution for a violation of RSA 638:17 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. III. If any act performed in furtherance of the offense prohibited by RSA 638:17 occur in this state or if any computer system or part thereof accessed in violation of RSA 638:17 is located in this state, the offense shall be deemed to have occurred in this state. CIVIL REMEDY: No reference to civil remedy. DEFENSES: ¤ 638:17. [UNAUTHORIZED ACCESS, AFFIRMATIVE DEFENSE] I. [Elements of offense set forth above.] 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; or (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. CITATION: N.H. Rev. Stat. Ann. ¤¤ 638:16 thru 638:19. SOURCE: 1985, 139:1, eff. January 1, 1986. NEW JERSEYÇNEW JERSEY" \f TÈ TITLE: Computer-Related Crimes DEFINITIONS: ¤ 2C:20-23. Definitions As used in this act: a. "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 an electronic device or another similar device capable of executing a computer program, including arithmetic, logic, memory or input-output operations, by the manipulation of electronic or magnetic impulses and includes all computer equipment connected to such a device in a computer system or network. c. "Computer equipment" means any equipment or devices, including all input, output, processing, storage, software, or communications facilities, intended to interface with the computer. d. "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. e. "Computer program" means a series of instructions or statements executable on a computer, which directs the computer system in a manner to produce a desired result. f. "Computer software" means a set of computer programs, data, procedures, and associated documentation concerned with the operation of a computer system. g. "Computer system" means a set of interconnected computer equipment intended to operate as a cohesive system. h. "Data" means information, facts, concepts, or instructions prepared for use in a computer, computer system, or computer network. i. "Data base" means a collection of data. j. "Financial instrument" includes but is not limited to a check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security and any computer representation of these items. k. "Services" includes but is not limited to the use of a computer system, computer network, computer programs, data prepared for computer use and data contained within a computer system or computer network. OFFENSES: ¤ 2C:20-25. Computer-related theft ¤ 2C:20-30. Damage or wrongful access to computer system ¤ 2C:20-31. Disclosure of data from wrongful access ¤ 2C:20-32. Wrongful access to computer; lack of damage or destruction; disorderly persons offense ¤ 2C:20-33. Copy or alteration of program or software with value of $1,000 or less ELEMENTS: ¤ 2C:20-25. Computer-related theft A person is guilty of theft if he purposely or knowingly and without authorization: a. Alters, damages, takes or destroys any data, data base, computer program, computer software or computer equipment existing internally or externally to a computer, computer system or computer network; b. Alters, damages, takes or destroys a computer, computer system or computer network; c. Accesses or attempts to access any computer, computer system or computer network for the purpose of executing a scheme to defraud, or to obtain services, property, or money, from the owner of a computer or any third party; or d. Alters, tampers with, obtains, intercepts, damages or destroys a financial instrument. ¤ 2C:20-30. Damage or wrongful access to computer system; no assessable damage A person is guilty of a crime of the third degree if he purposely and without authorization accesses, alters, damages or destroys a computer system or any of its parts, where the accessing and altering cannot be assessed a monetary value or loss. ¤ 2C:20-31. Disclosure of data from wrongful access; no assessable damage A person is guilty of a crime of the third degree if he purposely and without authorization accesses a computer system or any of its parts and directly or indirectly discloses or causes to be disclosed data, data base, computer software or computer program, where the accessing and disclosing cannot be assessed a monetary value or loss. ¤ 2C:20-32. Wrongful access to computer; lack of damage or destruction A person is guilty of a disorderly persons offense if he purposely and without authorization accesses a computer or any of its parts and this action does not result in the altering, damaging or destruction of any property of services. ¤ 2C:20-33. Copy or alteration of program or software with value of $1,000 or less The copying or altering of a computer program or computer software shall not constitute theft for the purpose of chapters 20 and 21 of Title 2C of the New Jersey Statutes or any offense under this act if the computer program or computer software is of a retail value of $1,000.00 or less and is not copied for resale. PENALTIES: ¤ 2C:20-26. property or services of $75,000 or more a. Theft under section 4 of this act [¤ 2C:20-25] constitutes a crime of the second degree if the offense results in the altering, damaging, destruction or obtaining of property or services with a value of $75,000.00 or more. It shall also be a crime of the second degree if the offense results in a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service. b. A person is guilty of a crime of the third degree if he purposely or knowingly accesses and recklessly alters, damages, destroys or obtains any data, data base, computer, computer program, computer software, computer equipment, computer system or computer network with a value of $75,000.00 or more. ¤ 2C:20-27. property or services between $500 and $75,000; degree of crime a. Theft under section 4 of this act [¤ 2C:20-25] constitutes a crime of the third degree if the offense results in the altering, damaging, destruction or obtaining of property or services with a value of at least $500.00 but less than $75,000.00. b. A person is guilty of a crime of the fourth degree if he purposely or knowingly accesses and recklessly alters, damages, destroys or obtains any data, data base, computer, computer program, computer software, computer equipment, computer system or computer network with a value of at least $500.00 but less than $75,000.00. ¤ 2C:20-28. property or services between $200 and $500; degree of crime a. Theft under section 4 of this act [¤ 2C:20-25] constitutes a crime of the fourth degree if the offense results in the altering, damaging, destruction or obtaining of property or services with a value of more than $200.00 but less than $500.00. b. A person is guilty of a disorderly persons offense if he purposely or knowingly accesses and recklessly alters, damages, destroys or obtains any data, data base, computer, computer program, computer software, computer equipment, computer system or computer network with a value of more than $200.00 but less than $500.00. ¤ 2C:20-29. property or services of $200 or less; disorderly persons offense a. Theft under section 4 of this act [¤ 2C:20-25] constitutes a disorderly persons offense if the offense results in the altering, damaging, destruction or obtaining of property or services with a value of $200.00 or less. b. A person is guilty of a petty disorderly persons offense if he purposely or knowingly accesses and recklessly alters, damages, destroys or obtains any data, data base, computer, computer program, computer software, computer equipment, computer system or computer network with a value of $200.00 or less. VENUE: 2C:20-34. SITUS OF OFFENSE For the purpose of prosecution under this act, the situs of an offense of theft shall be the location of the computer which is accessed, or where the terminal used in the offense is situated, or where the actual damage occurs. MISCELLANEOUS: 2C:20-24. VALUE OF PROPERTY OR SERVICES For the purposes of this act, the value of any property or services, including use of computer time, shall be their fair market value, if it is determined that a willing buyer and willing seller exist. Alternatively, value shall include but not be limited to the cost of generating or obtaining data and storing it within a computer or computer system. CIVIL REMEDY: New Jersey provides civil remedies in a companion statute passed as part of the same legislation that includes the criminal statute. Parts of it are identical with the criminal statute. ¤ 2A.38A-1 repeats the definitions set forth in ¤ 2C:20-23 above and adds one more: k. "Property" includes but is not limited to financial instruments, information, data, and computer software, in either human readable or computer readable form, copies or originals, and any other tangible or intangible item of value. ¤ 2A:38A-2 is identical with 2C:20-24 on value of property or services. The venue in 2A:38A-6 is the same as in 2C:20-34. The substantive provisions of the civil statute read as follows: ¤ 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 attempting to access and 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 program, computer software computer equipment, computer system or computer network. 2A:38A-4. Value of loss; finding of fact The value of damage, loss, property or income involved in any lawsuit shall be determined by the trier of fact. 2A:38A-5. INJUNCTIONS In addition to any other action or proceeding authorized by law, the Attorney General, or a person or enterprise alleging injury or loss may bring an action in Superior Court to enjoin actions causing damage as described in this act or to enjoin any acts in furtherance thereof. ¤ 2A:38A-6. Venue of Action Actions brought under this act may be filed in the Superior Court of the county in which the computer which is accessed is located, or where the terminal used in the accessing is situated, or where the actual damage occurs. CITATION: N.J. Stat. Ann. ¤¤ 2A:38A-1 thru 2A:38A-6, 2C:20-23 thru 2C:20-34. source: L. 1984, c. 182; L. 1984, c. 184. COMPUTER CRIME STATUTES May 1, 1995, 3:42 PM - 1 - NEW MEXICO TITLE: COMPUTER CRIMES ACT DEFINITIONS: ¤ 30-45-2. DEFINITIONS As used in the Computer Crimes Act: 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. OFFENSES: ¤ 30-45-3. COMPUTER ACCESS WITH INTENT TO DEFRAUD OR EMBEZZLE ¤ 30-45-4. COMPUTER ABUSE ¤ 30-45-5. UNAUTHORIZED COMPUTER USE ELEMENTS: ¤ 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: [penalties set forth below] ¤ 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: [penalties set forth below] 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. ¤ 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: [penalties set forth below] PENALTIES: ¤ 30-45-3. COMPUTER ACCESS WITH INTENT TO DEFRAUD OR EMBEZZLE Any person who [elements of offense set forth above] 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; 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. ¤ 30-45-4. COMPUTER ABUSE Any person who knowingly, willfully and without authorization, or having obtained authorization: A. directly or indirectly [elements of offense set forth above]: (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 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 [elements of offense set forth above] is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. ¤ 30-45-5. UNAUTHORIZED COMPUTER USE Any person who [elements of offense set forth above] where: A. the damage to the computer property or computer service has a value of one hundred dollars ($100) or less is guilty of 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. FORFEITURE: ¤ 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; (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 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 a 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 it 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. MISCELLANEOUS: ¤ 30-45-6. PROSECUTION A. Prosecution pursuant to the Computer Crimes Act 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 cases, the court shall determine the amount and method of restitution. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. CITATION: NMSA ¤¤ 30-45-1 thru 30-45-7. SOURCE: Laws 1989, ch. 215. NEW YORKÇNEW YORK" \F TÈ TITLE: COMPUTER CRIME DEFINITIONS: ¤ 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 the 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. OFFENSES: ¤ 156.05. UNAUTHORIZED USE OF A COMPUTER ¤ 156.10. COMPUTER TRESPASS ¤ 156.20. COMPUTER TAMPERING IN THE SECOND DEGREE ¤ 156.25. COMPUTER TAMPERING IN THE FIRST DEGREE ¤ 156.30. UNLAWFUL DUPLICATION OF COMPUTER RELATED MATERIAL ¤ 156.35. CRIMINAL POSSESSION OF COMPUTER RELATED MATERIAL ELEMENTS: ¤ 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. ¤ 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. ¤ 156.20. COMPUTER TAMPERING IN THE SECOND DEGREE A person is guilty to computer tampering in the second 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. ¤ 156.25. 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 second 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 subdivisions ten 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 in an amount exceeding one thousand dollars. ¤ 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. ¤ 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 possess, 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. PENALTIES: ¤ 156.05. UNAUTHORIZED USE OF A COMPUTER Unauthorized use of a computer is a class A misdemeanor. ¤ 156.10. COMPUTER TRESPASS Computer trespass is a class E felony. ¤ 156.20. COMPUTER TAMPERING IN THE SECOND DEGREE Computer tampering in the second degree is a class A misdemeanor. ¤ 156.25. COMPUTER TAMPERING IN THE FIRST DEGREE Computer tampering in the first degree is a class E felony. ¤ 156.30. UNLAWFUL DUPLICATION OF COMPUTER RELATED MATERIAL Unlawful duplication of computer related material is a class E felony. ¤ 156.35. CRIMINAL POSSESSION OF COMPUTER RELATED MATERIAL Criminal possession of computer related material is a class E felony. DEFENSES: ¤ 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 or 156.25 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. VENUE: Not stated. CIVIL REMEDY: No referenceto civil remedy. CITATION: New York Penal Law ¤¤ 156.00 thru 156.50. SOURCE: L. 1986, c. 514, ¤ 1. NORTH CAROLINAÇNORTH CAROLINA" \F TÈ TITLE: COMPUTER-RELATED CRIME DEFINITIONS: ¤ 14-453. DEFINITIONS. As used in this section, unless the context clearly requires otherwise, the following terms have the meanings specified: (1) "Access" means to approach, instruct, communicate with, cause input, cause output, 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 network" means the interconnection of communication systems with a computer through remote terminals, or a complex consisting of two or more interconnected computers. (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. (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 related, connected or unconnected computer equipment and devices. (7) "Financial statement" includes but is not limited to any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card of [or] marketable security, or any electronic data processing representation thereof. (8) "Property" includes but is not limited to, financial instruments, information, including electronically processed or 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, but is not limited to, computer time, data processing and storage functions. OFFENSES: ¤ 14-454. ACCESSING COMPUTERS ¤ 14-455. DAMAGING COMPUTERS AND RELATED MATERIALS ¤ 14-456. DENIAL OF COMPUTER SERVICES TO AN AUTHORIZED USER ¤ 14-457. EXTORTION ELEMENTS: ¤ 14-454. ACCESSING COMPUTERS (a) A person is guilty of a Class H felony if he willfully, directly or indirectly, accesses or causes to be accessed any computer, 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 himself or another, by means of false or fraudulent pretenses, representations or promises. ¤ 14-455. DAMAGING COMPUTERS AND RELATED MATERIALS (a) A person is guilty of a Class H felony if he willfully and without authorization alters, damages or destroys a computer, computer system, computer network, or any part thereof. (b) A person is guilty of a misdemeanor if he willfully and without authorization alters, damages, or destroys any computer software, program or data residing or existing internal or external to a computer, computer system or computer network. ¤ 14-456. DENIAL OF COMPUTER SERVICES TO AN AUTHORIZED USER Any person who willfully and without authorization denies or causes the denial of computer system services to an authorized user of such computer system services, is guilty of a misdemeanor. ¤ 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. PENALTIES: ¤ 14-454. ACCESSING COMPUTERS. (b) Any person who willfully and without authorization, directly or indirectly, accesses or causes to be accessed any computer, computer system, computer network, or any part thereof, for any purpose other than those set forth in subsection of (a) above, is guilty of a misdemeanor. ¤ 14-455. DAMAGING COMPUTERS AND RELATED MATERIALS (a) A person is guilty of a Class H felony if he willfully and without authorization alters, damages or destroys a computer, computer system, computer network, or any part thereof. (b) A person is guilty of a misdemeanor if he willfully and without authorization alters, damages, or destroys any computer software, program or data residing or existing internal or external to a computer, computer system or computer network. ¤ 14-456. DENIAL OF COMPUTER SERVICES TO AN AUTHORIZED USER. Any person who willfully and without authorization denies or causes the denial of computer system services to an authorized user of such computer system services, is guilty of a misdemeanor. ¤ 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. VENUE: Not stated. CIVIL REMEDY: No referenceto civil remedy. CITATION: N.C. Gen. Stat. ¤¤ 14-453 thru 14-457. SOURCE: 1979, c. 831, ¤ 1; 1979, 2nd Sess., c. 1316, ¤¤ 19- 21. NORTH DAKOTAÇNORTH DAKOTA" \F TÈ TITLE: RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS DEFINITIONS: ¤12.1-06.1-01. DEFINITIONS 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 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 data 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 and storage functions, and other uses of a computer system, or computer network to perform useful work. OFFENSES: ¤ 12.1-06.1-08. COMPUTER FRAUD ¤ 12.1-06.1-08. COMPUTER CRIME ELEMENTS: ¤ 12.1-06.1-08. COMPUTER FRAUD 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 such 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 and fraudulent pretenses, representations, or promises. A person who commits computer fraud is guilty of a Class C felony. ¤ 12.1-06.1-08. COMPUTER CRIME 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, destroying, or preventing the authorized use of any computer, computer system, or computer network, or any computer software, program, or data contained in such computer, computer system, or computer network. A person who commits computer crime is guilty of a class A misdemeanor. PENALTIES: ¤ 12.1-06.1-08. COMPUTER FRAUD 1. A person commits computer fraud [elements of offense set out above]. A person who commits computer fraud is guilty of a Class C felony. ¤ 12.1-06.1-08. COMPUTER CRIME 2. A person commits computer crime [elements of offense set out above]. A person who commits computer crime is guilty of a class A misdemeanor. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. CITATION: N.D. Cent. Code ¤¤ 12.1-06.1-01, 12.1-06.1-08 SOURCE: S.L. 1983, ch. 163, ¤ 8; amended, 1987, ch. 164, ¤ 2. OHIOÇOHIO" \F TÈ TITLE: THEFT AND FRAUD DEFINITIONS: ¤ 2913.01. DEFINITIONS As used in this chapter: (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 * * *. (K) "Theft offense" means any of the following: (1) A violation of section * * * 2913.81 * * * of the Revised Code * * *; (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 such an electronic device. (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 system or computer network. * * * (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. OFFENSE: ¤ 2913.81. DENYING ACCESS TO A COMPUTER ELEMENTS: ¤ 2913.81. DENYING ACCESS TO A COMPUTER (A) No person, without privilege to do so, shall knowingly deny or cause the denial of a computer system or computer services to an authorized user of a computer system or computer services that, in whole or in part, are owned by, under contract to, operated for, or operated in conjunction with another person. PENALTIES: ¤ 2913.81. DENYING ACCESS TO A COMPUTER (B) Whoever violates this section is guilty of denying access to a computer, a felony of the fourth degree. If the offender previously has been convicted of a theft offense, denying access to a computer is a felony of the third degree. If the offense is committed for the purpose of devising or executing a scheme to defraud or to obtain property or services and the value of the property or services or the loss to the victim is one hundred thousand dollars or more, denying access to a computer is a felony of the second degree. VENUE: Not stated. CIVIL REMEDY: No referenceto civil remedy. CITATION: Ohio Rev. Code Ann. ¤¤ 2901.01, 2913.81. SOURCE: 141 v H 49, eff. 6-26-86. OKLAHOMAÇOKLAHOMA" \F TÈ TITLE: COMPUTER CRIMES ACT DEFINITIONS: ¤ 1952. DEFINITIONS 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 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 in 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 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 transactions 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; and 10. "Supporting documentation" includes, but is not limited to, all documentation 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 not altered, deleted, disrupted, damaged or destroyed by the access. OFFENSES: ¤ 1953. PROHIBITED ACTS [NOT SPECIFICALLY TITLED IN STATUTE] ¤ 1958. ACCESS TO COMPUTERS, COMPUTER SYSTEMS AND COMPUTER NETWORKS PROHIBITED FOR CERTAIN PURPOSES ELEMENTS: ¤ 1953. PROHIBITED ACTS [NOT SPECIFICALLY TITLED IN STATUTE] It shall be unlawful to: 1. Willfully, and without authorization, gain or attempt to gain access to and damage, modify, alter, 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 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. ¤ 1958. ACCESS TO COMPUTERS, COMPUTER SYSTEMS AND COMPUTER NETWORKS PROHIBITED FOR CERTAIN PURPOSES 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. PENALTIES: ¤ 1953. PROHIBITED ACTS. [NOT SPECIFICALLY TITLED IN STATUTE] B. Any person convicted of violating paragraphs 1, 2, 3, 6 or 7 of subsection A of this section shall be guilty of a felony. C. Any person convicted of violating paragraphs 4 or 5 of subsection A of this section shall be guilty of a misdemeanor. ¤ 1955. PENALTIESÑCIVIL ACTIONS 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. ¤ 1958. ACCESS TO COMPUTERS, COMPUTER SYSTEMS AND COMPUTER NETWORKS PROHIBITED FOR CERTAIN PURPOSES [Elements of offense set forth above.] 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 that Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine. VENUE: ¤ 1957. ACCESS OF COMPUTER, COMPUTER SYSTEM OR COMPUTER NETWORK IN ONE JURISDICTION FROM ANOTHER JURISDICTION¾BRINGING AN ACTION For purposes of bringing a civil or 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. CIVIL REMEDY: ¤ 1955. PENALTIESÑCIVIL ACTIONS 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. MISCELLANY: ¤ 1954. CERTAIN ACTS AS PRIMA FACIE EVIDENCE OF VIOLATION OF ACT 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. CITATION: Okla. Stat. Ann. Tit. 21, ¤¤ 1951 thru 1958 SOURCE: Laws 1984, c. 70; amended by Laws 1989, c. 151. OREGONÇOREGON" \F TÈ TITLE: CRIMES AND PUNISHMENTS DEFINITIONS: ¤ 164.377. DEFINITIONS (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 device which performs logical, arithmetic or memory functions by the manipulations of electronic, magnetic or optical signals or impulses, and included 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, 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. (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, texts, 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. OFFENSES: ¤ 164.377. COMPUTER CRIME [NOT MORE SPECIFICALLY TITLED IN STATUTE] ELEMENTS: ¤ 164.377. COMPUTER CRIME [NOT MORE SPECIFICALLY TITLED IN STATUTE] (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, 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. PENALTIES: ¤ 164.377. COMPUTER CRIME [NOT MORE SPECIFICALLY TITLED IN STATUTE] (5) A violation of the provisions of subsection (2) or (3) of this section shall be Class C felony. A violation of the provisions of subsection (4) of this section shall be a Class A misdemeanor. VENUE: Not stated. CIVIL REMEDY: No referenceto civil remedy. CITATION: Oregon Revised Statutes 164.377 SOURCE: 1985 L. 537, ¤ 8, amended 1989 L. 737 (H.B. 2518). PENNSYLVANIAÇPENNSYLVANIA" \F TÈ TITLE: CRIMES AND OFFENSES DEFINITIONS: ¤ 3933. DEFINITIONS (c) 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. "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. OFFENSES: ¤ 3933. UNLAWFUL USE OF COMPUTER ELEMENTS: ¤ 3933. UNLAWFUL USE OF COMPUTER (a) A person commits an offense if he: (1) accesses, 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; or (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. PENALTIES: ¤ 3933. UNLAWFUL USE OF COMPUTER (b) Grading. An offense under subsection (a)(1) is a felony of the third degree. An offense under subsection (a)(2) or (3) is a misdemeanor of the first degree. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. CITATION: 18 P.C..A. 18, ¤ 3933. SOURCE: 1983, Dec. 2, P.L. 248, No. 67; amended, 1986, Dec. 11, P.L. 1517, No. 164. RHODE ISLANDÇRHODE ISLAND" \F TÈ TITLE: COMPUTER CRIME DEFINITIONS: ¤ 11-52-1. DEFINITIONS As used in this chapter: (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 logical, arithmetic, and 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. (C) "Computer system" means a set of related, connected or unconnected, computer equipment, devices and software. (D) "Computer network" means the interconnection of communication lines with a computer through remote terminals, or a complex consisting of two or more interconnected computers. (E) "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. (F) "Services" includes, but is not limited to, computer time, data processing and storage functions. (G) "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 systems. (H) "Computer software" means a set of computer programs, procedures and associated documentation concerned with the operation of a computer system. (I) "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. (J) "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. OFFENSES: ¤ 11-52-2. ACCESS TO COMPUTER FOR FRAUDULENT PURPOSES ¤ 11-52-3. INTENTIONAL ACCESS, ALTERATION, DAMAGE OR DESTRUCTION ¤ 11-52-4. COMPUTER THEFT ¤ 11-52-7. USE OF FALSE INFORMATION ¤ 11-52-8. TAMPERING WITH COMPUTER SOURCE DOCUMENTS ELEMENTS: ¤ 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 therein 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 and without authorization, directly or indirectly accesses, alters, damages, or destroys 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 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, and with intent to permanently deprive the owner of possession, takes, transfers, conceals or retains possession of any computer, computer system, computer network, computer software, computer program or data contained in such 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 Section 11- 52-5. If the value is five hundred dollars ($500) or less, then said person shall be guilty of a misdemeanor and may be punishable by imprisonment for a term not exceeding one (1) year, or by a fine of not more than one thousand ($1,000) dollars), or both. ¤ 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 such claim of 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 computer source document is required to be kept by law, shall be guilty of a felony and shall be subject to the penalties set forth in ¤ 11-52-5. (B) 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 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 penalties set forth in ¤ 11-52-5. PENALTIES: ¤ 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 (1) year, or both. VENUE: Not stated. CIVIL REMEDY: ¤ 11-52-6. CIVIL ACTION 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 for such other relief as the court deems appropriate including reasonable attorneys' fees. CITATION: R.I. Gen. Laws ¤¤ 11-52-1 thru 11-52-8. SOURCE: P.L. 1979, ch. 217; amended, P.L. 1983, ch. 246; P.L. 1989, ch. 71, ¤ 1; P.L. 1989, ch. 136, ¤ 1. SOUTH CAROLINAÇSOUTH CAROLINA" \F TÈ TITLE: COMPUTER CRIME ACT DEFINITIONS: ¤ 16-16-10. DEFINITIONS For the purposes of this chapter: (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 but does not include any computer or other electronic device designed and manufactured for, and which is used exclusively for routine personal, family, or household purposes and which is not used to access, to communicate with, or to manipulate any other computer. (b) "Computer network" means the interconnection of communications lines, or any other communications facilities, with a computer through remote terminals, or a system consisting of two or more interconnected computers. (c) Computer program" means a series of instructions or statements executable on a computer which directs 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, connected or unconnected, computer equipment, devices, or software. (f) "Property" means and includes, but is not limited to, financial instruments, data, computer software, 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" means and includes, but is 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, punched cards, or as stored in the memory of the computer or in transit or display on a video device. (i) "Access" means to instruct, communicate with, attempt to communicate with, store data in, retrieve data from, or otherwise make use of or attempt to make use of any resources of a computer, computer system, or computer network. (j) "Computer hacking" means accessing all or part of a computer, computer system, or a computer network for the purpose of establishing contact only without the intent to defraud or commit any other crime after such contact is established and without the use of computer-related services except such services as may be incidental to establishing contact. OFFENSES: ¤ 16-16-20. [NOT SPECIFICALLY TITLED IN STATUTE] ELEMENTS: ¤ 16-16-20. [NOT SPECIFICALLY TITLED IN STATUTE] (1) It is unlawful for any person to wilfully, knowingly, maliciously, and without authorization or for an unauthorized purpose to do any of the following: (a) Directly or indirectly access or cause to be accessed any computer, computer system, or computer network for the purpose of (i) devising or executing any scheme or artifice to defraud, or (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 any computer, computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer network. PENALTIES: ¤ 16-16-20. [NOT SPECIFICALLY TITLED IN STATUTE] (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 twenty-five thousand dollars. Computer crime in the first degree is a felony and, upon conviction thereof, a person must be punished by a fine of not more than one hundred twenty-five thousand dollars or imprisonment for more than ten 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 twenty-five 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 service to any authorized user of such computer 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 felony and, upon conviction thereof, for a first offense, a person must be punished by a fine of not more than fifty thousand dollars or imprisonment for not more than three years or both. Upon conviction for a second or subsequent offense, a person must be punished by a fine of not more than fifty thousand dollars or imprisonment for not more than seven 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 does not exceed one thousand dollars. A person is also guilty of computer crime in the third degree if 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 thereof, for a first offense, a person must be punished by a fine of not more than two hundred dollars or imprisonment for not more than thirty days. Upon conviction for a second or subsequent offense, a person must be punished by a fine of not more than two thousand dollars or imprisonment for not more than two years, or both. VENUE: ¤ 16-16-30. VENUE For the purpose of venue under this chapter, any violation of this chapter shall be considered to have been committed in the county in which the violation took place; provided, that upon proper motion and the proper showing before a judge, venue may be transferred if justice would be better served by such transfer, to one of the following: (1) In any county in which any act was performed in furtherance of any transaction which violated this chapter; (2) In the county of the principal place of business in this State of the owner of lessee of a computer, computer system, computer network, or any part thereof which has been subject to the violation; or (3) 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 or objects which were used in the furtherance of the violation. CIVIL REMEDY: No reference to civil remedy. MISCELLANEOUS: ¤ 16-1-640. 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. CITATION: S.C. Code Ann. ¤ 16-16-10 thru 16-16-40. SOURCE: 1984 Act No. 442, ¤ 2. SOUTH DAKOTAÇSOUTH DAKOTA" \F TÈ TITLE: COMPUTER PROGRAMS DEFINITIONS: ¤ 43-43B-2. DEFINITION OF TERMS Terms used in this chapter. unless the context requires otherwise, mean: (1) "Computer," an internally programmed, general purpose digital device capable of automatically accepting data, processing data and supplying the results of the operation; (2) "Computer system," a set of related, connected devices, including a computer and other devices, including but not limited to data input and output and storage devices, data communications links, and computer programs and data, that make the system capable of performing the special purpose data processing tasks for which it is specified; (3) "Computer program," a series of coded instructions or statements in a form acceptable to a computer, which causes the computer to process data in order to achieve a certain result; (4) "Access," to instruct, communicate with, store data in, retrieve data from a computer, computer system or computer network. OFFENSES: ¤ 43-43B-1. UNLAWFUL USES OF COMPUTER ELEMENTS: ¤ 43-43B-1. UNLAWFUL USES OF COMPUTER A person is guilty of unlawful use of a computer if he: (1) Knowingly obtains the use of, or accesses, a computer system, or any part thereof, without the consent of the owner; (2) Knowingly alters or destroys computer programs or data without the consent of the owner; (3) Knowingly obtains use of, alters, accesses or destroys a computer system, or any part thereof, 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; or (4) Knowingly 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, computer program or computer system without the consent of the owner. PENALTIES: ¤ 43-43B-3. OBTAINING USE, ALTERING OR DESTROYING SYSTEM WITHOUT CONSENTÑVALUE ONE THOUSAND DOLLARS OR LESS A person convicted of a violation of subdivision (1) or (2) of ¤ 43-43B-1 where the value of the use, alteration, destruction, access or disclosure is one thousand dollars or less is guilty of a Class 2 misdemeanor. ¤ 43-43B-4. OBTAINING USE, ALTERING OR DESTROYING SYSTEM WITHOUT CONSENTÑVALUE MORE THAN ONE THOUSAND DOLLARS A person convicted of a violation of subdivision (1) or (2) of ¤ 43-43B-1 where the value of the use, alteration, destruction, or destruction is more than one thousand dollars is guilty of a Class 1 misdemeanor. ¤ 43-43B-5. OBTAINING USE, ALTERING OR DESTROYING SYSTEM AS PART OF DECEPTIONÑ VALUE ONE THOUSAND DOLLARS OR LESS A person convicted of a violation of subdivision (3), of ¤ 43-43B-1 where the value of the money, property or services obtained is one thousand dollars or less is guilty of a Class 1 misdemeanor. ¤ 43-43B-6. OBTAINING USE, ALTERING OR DESTROYING SYSTEM AS PART OF DECEPTIONÑ VALUE MORE THAN ONE THOUSAND DOLLARS A person convicted of a violation of subdivision (3), of ¤ 43-43B-1 where the value of the money, property or services obtained is more than one thousand dollars shall be guilty of a Class 4 felony. VENUE: ¤ 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. CIVIL REMEDY: ¤ 43-43B-7. CIVIL RIGHTS NOT AFFECTED The provisions of this chapter shall neither enlarge nor diminish the rights of parties in civil litigation. CITATION: S.D. Codified Laws Ann. ¤¤ 43-43B-1 to 43-43B-7. SOURCE: S.L. 1982, ch. 300; amended, S.L. 1984, ch. 282. TENNESSEEÇTENNESSEE" \F TÈ TITLE: COMPUTER OFFENSES DEFINITIONS: ¤ 39-14-601. DEFINITIONS FOR COMPUTER OFFENSES The following definitions apply in this part unless the context otherwise requires: (1) "Access" means to approach, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise make use of any resources of a computer, computer system, or computer network; (2) "Computer" means a device that can perform substantial computation, including numerous arithmetic or logic operations, without intervention by a human operator during the processing of a job; (3) "Computer network" means a set of two or more computer systems that transmit data over communication circuits connecting them; (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; (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 a set of connected devices including a computer and other devices including, but not limited to, one 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; (7) "Data" is a representation of information, knowledge, facts, concepts, or instructions which are being prepared or have 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; (8) "Financial instruments" 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, or marketable security, or any computer system representation thereof; (9) "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; (10) "To process" is to use a computer to put data through a systematic sequence of operations for the purpose of producing a specified result; (11) "Property" includes, but is not limited to, intellectual property, financial instruments, data, computer programs, documentation associated with data, computers, computer systems and computer programs, all in machine-readable or human-readable form, and any tangible or intangible item of value; and (12) "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. OFFENSES: ¤ 39-14-602. [UNTITLED IN STATUTORY HEADINGS] ELEMENTS: ¤ 39-14-602. [UNTITLED IN STATUTORY HEADINGS] (a) Whoever knowingly, 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 obtaining money, property, or services for themselves or another by means of false or fraudulent pretenses, representations, or promises violates this subsection and is subject to the penalties of Section 39-14-105. (b) Whoever intentionally and without authorization, directly or indirectly (1) Accesses, or (2) Alters, damages, destroys, or attempts to damage or destroy any computer, computer system, or computer network, computer software, program or data violates this subsection. (e) Whoever receives, conceals, or uses, or aids another in receiving, concealing or using any proceeds resulting from a violation of either subsection (a) or (b)(2) of this section, knowing same to be the proceeds of such violation, or whoever receives, conceals, or 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 same to have been used in violating either subsection (a) or (b)(2) of this section violates this subsection and shall be subject to the penalties of Section 39- 14-105. PENALTIES: ¤ 39-14-602. [UNTITLED IN STATUTORY HEADINGS] (c) Violation of subsection(b)(1) is a Class C misdemeanor. (d) Violation of subsection(b)(2) shall be punished as in Section 39-14-105. VENUE: ¤ 39-14-603. 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 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 furtherance of said 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. CIVIL REMEDY: No reference to civil remedy. CITATION: Tenn. Code Ann. ¤ 39-3-601 thru 39-3-603. SOURCE: Acts 1983, ch. 130; Acts 1989, ch. 591. TEXASÇTEXAS" \F TÈ TITLE: COMPUTER CRIMES DEFINITIONS: ¤ 33.01, PENAL CODE. DEFINITIONS. In this chapter: (1) "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. (2) "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. (3) "Computer network" means the interconnection of two or more computer systems by satellite, microwave, line, or other communication medium with the capability to transmit information among the computers. (4) "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. (5) "Computer security system" means the design, procedures, or other measures that the person responsible for the operation and use of a computer employs to restrict the use of the computer to particular persons or uses or that the owner or licensee of data stored or maintained by a computer in which the owner or licensee is entitled to store or maintain the data employs to restrict access to the data. (6) "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. (7) "Computer system" means any combination of a computer or computers with the documentation, computer software, or physical facilities supporting the computer. (8) "Computer software" means a set of computer programs, procedures, and associated documentation related to the operation of a computer, computer system, or computer network. (9) "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 and to affect the other programs or files in the computer by attaching a copy of the unwanted program or other set of instructions in one or more computer programs or files. (10) "Damage" includes partial or total alteration, damage, or erasure of stored data, or interruption of computer services. (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, and punchcards, or may be stored internally in the memory of the computer. (12) "Electronic utility" has the meaning assigned by Subsection (c), Section 3, Public Utility Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes). OFFENSES: ¤ 33.02, PENAL CODE. BREACH OF COMPUTER SECURITY ¤ 33.03, PENAL CODE. HARMFUL ACCESS ELEMENTS: ¤ 33.02, PENAL CODE. BREACH OF COMPUTER SECURITY (a) A person commits an offense if the person: (1) uses a computer without the effective consent of the owner of the computer or a person authorized to license access to the computer and the actor knows that there exists a computer security system intended to prevent him from making that use of the computer; or (2) gains access to data stored or maintained by a computer without the effective consent of the owner or licensee of the data and the actor knows that there exists a computer security system intended to prevent him from gaining access to that data. (b) A person commits an offense if the person intentionally or knowingly gives a password, identifying code, personal identification number, debit card number, bank account number, or other confidential information about a computer security system to another person without the effective consent of the person employing the computer security system to restrict the use of a computer or to restrict access to data stored or maintained by a computer. ¤ 33.03, PENAL CODE. HARMFUL ACCESS (a) A person commits an offense if the person intentionally or knowingly and without authorization from the owner of the computer or a person authorized to license access to the computer: (1) damages, alters, or destroys a computer, computer program or software, computer system, data, or computer network; (2) causes a computer to interrupt or impair a government operation, public communication, public transportation, or public service providing water or gas; (3) uses a computer to: (A) tamper with government, medical, or educational records; (B) receive or use records that were not intended for public dissemination to gain an advantage over business competitors; (4) obtains information from or introduces false information into a computer system to damage or enhance the data or credit records of a person; (5) causes a computer to remove, alter, erase, or copy a negotiable instrument; or (6) inserts or introduces a computer virus into a computer program, computer network, or computer system. DEFENSES: ¤ 33.04, PENAL CODE. DEFENSE It is an affirmative defense to prosecution under Sections 33.02 and 33.03 of this code 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. PENALTIES: ¤ 33.02, PENAL CODE. BREACH OF COMPUTER SECURITY Breach of computer security is a Class A misdemeanor ¤ 33.03, PENAL CODE. HARMFUL ACCESS (b) An offense under this section is a: (1) felony of the second degree if the value of the loss or damage caused by the conduct is $20,000 or more. (2) a felony of the third degree if the value of the loss or damage caused by the conduct is $750 or more but less than $20,000; or (3) a Class A misdemeanor if the value of the loss or damage caused by the conduct is $200 or more but less than $750. VENUE: ¤ 13.24, CODE OF CRIMINAL PROCEDURE. COMPUTER CRIMES (b) An offense under Chapter 33, Penal Code, may be prosecuted in: (1) the county of the principal place of business of the owner or lessee of a computer, computer system, or computer network involved in the violation; (2) any county in which a defendant had control or possession of any proceeds from the violation or any books, records, documents, property, negotiable instruments, computer programs, or other material that were used in furtherance of the violation; or (3) any county from which, in which, or through which any access to a computer or computer network was made, whether by wires, electromagnetic waves. microwaves, or any other means of communication. CIVIL REMEDY: ¤ 143.001, CIVIL PRACTICE AND REMEDIES CODE. HARMFUL ACCESS BY COMPUTER (a) A person who is injured or whose property has been injured as a result of a violation under Chapter 33, Penal Code, has a civil cause of action if the violation was committed knowingly or intentionally. (b) A person may bring suit for damages under this section before the earlier of the fifth anniversary of the date of the last act in the course of conduct constituting a violation under Chapter 33, Penal Code, or the second anniversary of the date the claimant first discovered or had reasonable opportunity to discover the violation. ¤ 143.002. DAMAGES A person who establishes a cause of action under this chapter is entitled to: (1) actual damages; and (2) reasonable attorney's fees and costs. CITATION: Texas Penal Code ¤¤ 33.01 thru 33.05; Texas Code of Criminal Procedure, ¤ 1324; Texas Civil Practice and Remedies Code, ¤¤ 143.001, 143.002. SOURCE: Acts 1985, 69 Leg., ch. 600, eff. Sept. 1, 1985. UTAHÇUTAH" \F TÈ TITLE: COMPUTER CRIMES DEFINITIONS: ¤ 76-6-702. DEFINITIONS. (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) "Computer" means any electronic device or communication facility with data processing ability. (3) "Computer system" means a set of related, connected or unconnected, devices, software, or other related computer equipment. (4) "Computer network" means the interconnection of communication or telecommunication lines between computers or computers and remote terminals. (5) "Computer property" includes, but is not limited to, 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. (6) "Services" include, but are not limited to, computer time, data manipulation, and storage functions. (7) "Financial instrument" includes, but is not limited to, any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card, or marketable security. (8) "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, but not limited to, system control programs, application programs, or copies of any of them. OFFENSES: ¤ 76-6-703. COMPUTER CRIMES ELEMENTS: ¤ 76-6-703. COMPUTER CRIMES (1) A person who gains or attempts to gain access to and without authorization intentionally, and to the damage of another, alters, damages, destroys, discloses, or modifies any computer, computer network, computer property, computer system, program, or software is guilty of a felony of the third degree. (2) A person who intentionally and without authorization uses a computer, computer network, computer property, or computer system to gain or attempt to gain access to any other computer, computer network, computer property, or computer system, program, or software, to the damage of another, and alters, damages, destroys, discloses, or modifies any of these, is guilty of a felony of the third degree. (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 a felony of the second degree. representations, is guilty of a felony of the second degree. PENALTIES: ¤ 76-6-703. COMPUTER CRIMES AND PENALTIES (4) A person who intentionally, and without authorization, interferes with or interrupts computer services to another authorized to receive the services is guilty of a class A misdemeanor. (5) A person who intentionally and without authorization damages or destroys, in whole or in part, any computer, computer network, computer property, or computer system is guilty of a class A misdemeanor unless the amount of damage exceeds $1,000, in which case the person is guilty of a felony of the third degree. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. MISCELLANEOUS: ¤ 76-6-704. ATTORNEY GENERAL OR COUNTY ATTORNEY TO PROSECUTEÑCONDUCT VIOLATING OTHER STATUTES (1) The attorney general or the county attorney shall prosecute suspected criminal violations of this part. (2) Prosecution under this part does not prevent any prosecutions under any other law. ¤ 76-6-705. REPORTING VIOLATIONS Every person, except those to whom a statutory or common law privilege applies, who has reason to believe that the provisions of ¤ 76-6-703 are being violated or have been violated shall report the suspected violation to the attorney general or to the county attorney of the county in which part or all of the violations occurred. CITATION: Utah Code Ann. ¤ 76-6-701 thru 76-6-705. SOURCE: L. 1979, ch. 75; amended, L. 1986, ch. 123. VERMONTÇVERMONT" \F TÈ No computer crime provisions found. VIRGINIAÇVIRGINIA" \F TÈ TITLE: VIRGINIA COMPUTER CRIMES ACT DEFINITIONS: ¤ 18.2-152.2. DEFINITIONS For purposes of this article: "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. "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 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. "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 perform one or more computer operations. "Computer services" includes computer time or services or data processing 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. "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. "Owner" means an owner or lessee of a computer or a computer network or an owner, lessee, or licensee of computer data, computer programs, of computer software. "Person" shall include any individual, partnership, association, corporation or joint venture. "Property" shall include: 1. Real Property; 2. Computer 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: 1. Attempts or causes a computer or computer network to perform or to stop performing computer operations; 2. Attempts to cause or causes the withholding or denial of use of a computer, computer network, computer program, computer data or computer software to another user; or 3. Attempts to cause or causes another person to put false information into a computer. A person is "without authority" when he has no right or permission of the owner to use a computer, or, he uses a computer in a manner exceeding such right or permission. ¤ 18.2-152.8. PROPERTY CAPABLE OF EMBEZZLEMENT For purposes of ¤ 18.2-111, personal property subject to embezzlement 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. OFFENSES: ¤ 18.2-152.3. COMPUTER FRAUD ¤ 18.2-152.4. COMPUTER TRESPASS ¤ 18.2-152.5. COMPUTER INVASION OF PRIVACY ¤ 18.2.152.6. THEFT OF COMPUTER SERVICES ¤ 18.2-152.7. PERSONAL TRESPASS BY COMPUTER ELEMENTS: ¤ 18.2-152.3. COMPUTER FRAUD Any person who uses a computer or computer network without authority and with the intent to: 1. Obtain property or services by false pretenses; 2. Embezzle or commit larceny; or 3. Convert the property of another shall be guilty of the crime of computer fraud. [Penalty set forth below.] ¤ 18.2-152.4. COMPUTER TRESPASS Any person who uses a computer or computer network without authority and with the intent to: 1. Temporarily or permanently remove 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; or 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 shall be guilty of the crime of computer trespass which shall be punishable as a Class 1 misdemeanor. If such act is done maliciously and the value of the property damaged is $2,500 or more, the offense shall be punishable as a Class 6 felony. ¤ 18.2-152.5. COMPUTER INVASION OF PRIVACY 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 personal information 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. ¤ 18.2-152.6. THEFT OF COMPUTER SERVICES Any person who willfully uses a computer or computer network, with intent to obtain computer services without authority, shall be guilty of the crime of theft of computer services which shall be punishable as a Class 1 misdemeanor. ¤ 18.2-152.7. PERSONAL TRESPASS BY COMPUTER A. A person is guilty of the crime of personal trespass by computer when he uses a computer or computer network without authority and with the intent to cause physical injury to an individual. PENALTIES: ¤ 18.2-152.3. COMPUTER FRAUD 3. [Elements of offense set forth above.] 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. ¤ 18.2-152.4. COMPUTER TRESPASS 6. Any person who [elements of offense set forth above] shall be guilty of the crime of computer trespass which shall be punishable as a Class 1 misdemeanor. If such act is done maliciously and the value of the property damaged is $2,500 or more, the offense shall be punishable as a Class 6 felony. ¤ 18.2-152.5. COMPUTER INVASION OF PRIVACY B. The crime of computer invasion of privacy shall be punishable as a Class 3 misdemeanor. ¤ 18.2-152.6. THEFT OF COMPUTER SERVICES Any person who [elements of offense set forth above] shall be guilty of the crime of computer theft which shall be punishable as a Class 1 misdemeanor. ¤ 18.2-152.7. PERSONAL TRESPASS BY COMPUTER B. If committed maliciously, the crime of personal trespass by computer shall be punishable as a Class 3 felony. If such act be done unlawfully but not maliciously, the crime of personal trespass by computer shall be punishable as a Class 1 misdemeanor. VENUE: ¤ 18.2-152.10. VENUE FOR PROSECUTION For the purpose of venue under this article, any violation of this 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 which 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 instruments, computer software, computer program, computer data, or other material or objects which 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, or any other means of communication; 5. In which the offender resides; or 6. In which any computer which is an object or an instrument of the violation is located at the time of the alleged offense. CIVIL REMEDY: ¤ 18.2-152.12. CIVIL RELIEF; DAMAGES Any person whose property or person is injured by reason of a violation of any provision of this article may sue thereof and recover for any damages sustained, and the costs of suit. Without limiting the generality of the term, damages shall include loss of profits. 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 any trade secrets of any party. The provisions of this article shall not be construed to limit any person's right to pursue and additional civil remedy otherwise allowed by law. A civil action under this section must be commenced before expiration of the time period prescribed in Section 8.01-40.1. MISCELLANEOUS: ¤ 18.2-152.9. LIMITATION OF PROSECUTION Notwithstanding the provisions of ¤ 19.2-8, prosecution of a crime which is punishable as a misdemeanor pursuant to this article must be commenced before the earlier of (i) five years after the commission of the last act in the course of conduct constituting a violation of this article or (ii) one year after the existence of the illegal act and the identity of the offender are discovered by the Commonwealth, by the owner, or by anyone who is damaged by such violation. ¤ 18.2-152.11. ARTICLE NOT EXCLUSIVE The provisions of this article shall not be construed to preclude the applicability of any other provision of the criminal law of this Commonwealth which presently applies or may in the future apply to any transaction or course of conduct which violates this article, unless such provision is clearly inconsistent with the terms of this article. ¤ 18.2-152.13. SEVERABILITY If any provision or clause of this article or application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or applications of this article which can be given without the invalid provision or application, and to this and the provisions of this article are declared to be severable. ¤ 18.2-152.14. COMPUTER AS INSTRUMENT OF FORGERY The creation, alteration, or deletion of any computer data contained in any computer or computer network, which if done on a tangible document or instrument would constitute forgery under Article 1 (¤ 18.2-168 et seq.) of Chapter 6 of this Title, will also be deemed to be forgery. The absence of a tangible writing directly created or altered by the offender shall not be a defense to any crime set forth in Article 1(¤ 18.2-168 et seq.) of Chapter 6 of this Title if a creation, alteration, or deletion of computer data was involved in lieu of a tangible document or instrument. CITATION: Va. Code ¤¤ 18.2-152.1 thru 18.2-152.14. SOURCE: 1984, c. 751; amended, 1985, c. 92; 1985, ch. 322; 1985, ch. 398. WASHINGTONÇWASHINGTON" \F TÈ TITLE: BURGLARY AND TRESPASS DEFINITIONS: ¤ 9A.48.100. MALICIOUS MISCHIEF®"PHYSICAL DAMAGE" DEFINED For the purposes of RCW 9A.48.070 through 9A.48.090 inclusive: (1) "Physical damage," in addition to its ordinary meaning, shall include the total or partial alteration, damage, obliteration, or erasure of records, information, data, computer programs, or their computer representations, which are recorded for use in computers or the impairment, interruption, or interference with the use of such records, information, data, or computer programs, or the impairment, interruption, or interference with the use of any computer or services provided by computers. "Physical damage" also includes any diminution in the value of any property as the consequence of an act; * * * OFFENSES: ¤ 9A.52.110. COMPUTER TRESPASS IN THE FIRST DEGREE ¤ 9A.52.120. COMPUTER TRESPASS IN THE SECOND DEGREE ¤ 9A.52.130. COMPUTER TRESPASS®COMMISSION OF OTHER CRIME ELEMENTS: ¤ 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 data base of another; and (a) The access is made with the intent to commit another crime; or (b) The violation involves a computer or data base maintained by a government agency. ¤ 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 data base of another under circumstances not constituting the offense in the first degree. ¤ 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. PENALTIES: ¤ 9A.52.110. COMPUTER TRESPASS IN THE FIRST DEGREE (2) Computer trespass in the first degree is a class C felony. ¤ 9A.52.120. COMPUTER TRESPASS IN THE SECOND DEGREE. (2) Computer trespass in the second degree is a gross misdemeanor. VENUE: Not stated. CIVIL REMEDY: No referenceto civil remedy. CITATION: Wash. Rev. Code Ann. ¤¤ 9A.52.110 thru 9A.52.130. SOURCE: Laws 1984, ch. 273. WEST VIRGINIAÇWEST VIRGINIA" \F TÈ TITLE: WEST VIRGINIA COMPUTER CRIME AND ABUSE ACT DEFINITIONS: ¤ 61-3C-3. DEFINITIONS As used in this article, unless the context clearly indicates otherwise: (a) "Access" means to instruct, communicate with, store data in, retrieve data from, intercept data from, or otherwise make use of any computer, computer network, computer program, computer software, computer data or other computer resources. (b) "Authorization" means the express or implied consent given by a person to another to access or use said person's computer, computer network, computer program, computer software, computer system, password, identifying code or personal identification number. (c) "Computer" means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithematic [sic], or storage functions, and includes any data storage facility or communication facility directly related to or operating in conjunction with such device. 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, but such term does not include an automated typewriter or typesetter, a portable handheld calculator or other similar device. (d) "Computer data" means any representation of knowledge, facts, concepts, instruction, or other information computed, classified, processed, transmitted, received, retrieved, originated, stored, manifested, measured, detected, recorded, reproduced, handled or utilized by a computer, computer network, computer program or computer software, and may be in any medium, including, but not limited to, computer printouts, microfilm, microfiche, magnetic storage media, optical storage media, punch paper tape or punch cards, or it may be stored internally in read-only memory or random access memory of a computer or any other peripheral device. (e) "Computer network" means a set of connected devices and communication facilities, including more than one computer, with the capability to transmit computer data among them through such communication facilities. (f) "Computer operations" means arithematic [sic], logical, storage, display, monitoring or retrieval functions or any combination thereof, and includes, but is not limited to, communication with, storage of data in or to, or retrieval of data from any device and the human manual manipulation of electronic magnetic impulses. A "computer operation" for a particular computer shall also mean any function for which that computer was designed. (g) "Computer program" means an ordered set of computer data representing instructions or statements, in a form readable by a computer, which controls, directs, or otherwise influences the functioning of a computer or computer network. (h) "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. (i) "Computer services" means computer access time, computer data processing, or computer data storage, and the computer data processed or stored in connection therewith. (j) "Computer supplies" means punchcards, paper tape, magnetic tape, magnetic disks or diskettes, optical disks or diskettes, disk or diskette packs, paper, microfilm, and any other tangible input, output or storage medium used in connection with a computer, computer network, computer data, computer software or computer program. (k) "Computer resources" includes, but is not limited to, information retrieval; computer data processing, transmission and storage; and any other functions performed, in whole or in part, by the use of a computer, computer network, computer software, or computer program. (l) "Owner" means any person who owns or leases or is a licensee of a computer, computer network, computer data, computer program, computer software, computer resources or computer supplies. (m) "Person" means any natural person, general partnership, limited partnership, trust, association, corporation, joint venture, or any state, county or municipal government and any subdivision, branch, department or agency thereof. (n) "Property" includes: (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; (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 on which it is stored by a computer or by a human; and (4) Computer services. (o) "Value" means having any potential to provide any direct or indirect gain or advantage to any person. (p) "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. (q) "Value of property or computer services" shall be (1) the market value of the property or computer services at the time of a violation of this article; or (2) if the property or computer services are unrecoverable, damaged, or destroyed as a result of a violation of section three or four [¤ 61- 3C-3 or ¤ 61-3C-4] of this article, the cost of reproducing or replacing the property or computer services at the time of the violation. ¤ 61-3C-13. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS DEVICES (a) As used in this section, the following terms shall have the following meanings: (1) "Access device" means any card, plate, code, account number, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument); (2) "Counterfeit access device" means any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or a counterfeit access device; (3) "Unauthorized access device" means any access device that is lost, stolen, expired, revoked, canceled, or obtained without authority; (4) "Produce" includes design, alter, authenticate, duplicate, or assemble; (5) "Traffic" means transfer, or otherwise dispose of, to another, or obtain control of with intent to transfer or dispose of. OFFENSES: ¤ 61-3C-4. COMPUTER FRAUD ¤ 61-3C-5. UNAUTHORIZED ACCESS TO COMPUTER SERVICES ¤ 61-3C-6. UNAUTHORIZED POSSESSION OF COMPUTER DATA OR PROGRAMS ¤ 61-3C-7. ALTERATION, DESTRUCTION, ETC., OF COMPUTER EQUIPMENT ¤ 61-3C-8. DISRUPTION OF COMPUTER SERVICES ¤ 61-3C-9. UNAUTHORIZED POSSESSION OF COMPUTER INFORMATION, ETC. ¤ 61-3C-10. DISCLOSURE OF COMPUTER SECURITY INFORMATION ¤ 61-3C-11. OBTAINING CONFIDENTIAL PUBLIC INFORMATION ¤ 61-3C-12. COMPUTER INVASION OF PRIVACY ¤ 61-3C-13. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS DEVICES ¤ 61-3C-14. ENDANGERING PUBLIC SAFETY ¤ 61-3C-15. COMPUTER AS INSTRUMENT OF FORGERY ELEMENTS: ¤ 61-3C-4. COMPUTER FRAUD Any person who, knowingly and willfully, directly or indirectly, accesses or causes to be accessed any computer, computer services or computer network for the purpose of (1) executing any scheme or artifice to defraud or (2) obtaining money, property or services by means of fraudulent pretenses, representations or promises shall be guilty of a felony, and, upon conviction thereof, shall be fined not more than ten thousand dollars or imprisoned in the penitentiary for not more than ten years, or both. ¤ 61-3C-5. UNAUTHORIZED ACCESS TO COMPUTER SERVICES Any person who knowingly, willfully and without authorization, directly or indirectly, accesses or causes to be accessed a computer or computer network with the intent to obtain computer services shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred dollars nor more than one thousand dollars or confined in the county jail not more than one year, or both. ¤ 61-3C-6. UNAUTHORIZED POSSESSION OF COMPUTER DATA OR PROGRAMS (a) Any person who knowingly, willfully and without authorization possesses any computer data or computer program belonging to another and having a value of five thousand dollars or more shall be guilty of a felony, and, upon conviction thereof, shall be fined not more than ten thousand dollars or imprisoned in the penitentiary for not more than ten years, or both. (b) Any person who knowingly, willfully and without authorization possesses any computer data or computer program belonging to another and having a value of less than five thousand dollars shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars or confined in the county jail for not more than one year, or both. ¤ 61-3C-7. ALTERATION, DESTRUCTION, ETC., OF COMPUTER EQUIPMENT Any person who knowingly, willfully and without authorization, directly or indirectly, tampers with, deletes, alters, damages or destroys or attempts to tamper with, delete, alter, damage or destroy any computer, computer network, computer software, computer resources, computer program or computer data shall be guilty of a felony, and, upon conviction thereof, shall be fined not more than ten thousand dollars or confined in the penitentiary not more than ten years, or both, or, in the discretion of the court, be fined not less than two hundred nor more than one thousand dollars and confined in the county jail not more than one year. ¤ 61-3C-8. DISRUPTION OF COMPUTER SERVICES Any person who knowingly, willfully and without authorization, directly or indirectly, disrupts or degrades or causes the disruption or degradation of computer services or denies or causes the denial of computer services to an authorized recipient or user of such computer services, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred nor more than one thousand dollars or confined in the county jail not more than one year, or both. ¤ 61-3C-9. UNAUTHORIZED POSSESSION OF COMPUTER INFORMATION, ETC. Any person who knowingly, willfully and without authorization possesses any computer data, computer software, computer supplies or a computer program which he knows or reasonably should know was obtained in violation of any section of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred nor more than one thousand dollars or confined in the county jail for not more than one year, or both. ¤ 61-3C-10. DISCLOSURE OF COMPUTER SECURITY INFORMATION Any person who knowingly, willfully and without authorization discloses a password, identifying code, personal identification number or other confidential information about a computer security system to another person shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than five hundred dollars or confined in the county jail for not more than six months, or both. ¤ 61-3C-11. OBTAINING CONFIDENTIAL PUBLIC INFORMATION Any person who knowingly, willfully and without authorization accesses or causes to be accessed any computer or computer network and thereby obtains information filed by any person with the state or any county or municipality which is required by law to be kept confidential shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars or confined in the county jail not more than six months, or both. ¤ 61-3C-12. COMPUTER INVASION OF PRIVACY Any person who knowingly, willfully and without authorization accesses a computer or computer network and examines any employment, salary, credit or any other financial or personal information relating to any other person, after the time at which the offender knows or reasonably should know that he is without authorization to view the information displayed, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than five hundred dollars or confined in the county jail for not more than six months, or both. ¤ 61-3C-13. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS DEVICES (b) Any person who knowingly and willfully possesses any counterfeit or unauthorized access device shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars or confined in the county jail for not more than six months, or both. (c) Any person who knowingly, willfully and with intent to defraud possesses a counterfeit or unauthorized access device or who knowingly, willfully and with intent to defraud, uses, produces or traffics in any counterfeit or unauthorized access device shall be guilty of a felony, and, upon conviction thereof, shall be fined not more than ten thousand dollars or imprisoned in the penitentiary for not more than ten years, or both. (d) This section shall not prohibit any lawfully authorized investigative or protective activity of any state, county or municipal law-enforcement agency. ¤ 61-3C-14. ENDANGERING PUBLIC SAFETY Any person who accesses a computer or computer network and knowingly, willfully and without authorization (a) interrupts or impairs the providing of services by any private or public utility; (b) interrupts or impairs the providing of any medical services; (c) interrupts or impairs the providing of services by any state, county or local government agency, public carrier or public communication service; or otherwise endangers public safety shall be guilty of a felony, and, upon conviction thereof, shall be fined not more than fifty thousand dollars or imprisoned not more than twenty years, or both. ¤ 61-3C-15. COMPUTER AS INSTRUMENT OF FORGERY The creation, alteration or deletion of any computer data contained in any computer or computer network, which if done on a tangible document or instrument would constitute forgery under section five [¤ 61-4-5], article four, chapter sixty-one of this code will also be deemed to be forgery. The absence of a tangible writing directly created or altered by the offender shall not be a defense to any crime set forth in section five, article four, chapter sixty-one if a creation, alteration or deletion of computer data was involved in lieu of a tangible document or instrument. PENALTIES: ¤ 61-3C-4. COMPUTER FRAUD; PENALTIES Any person who [elements of offense set out above] shall be guilty of a felony, and, upon conviction thereof, shall be fined not more than ten thousand dollars or imprisoned in the penitentiary for not more than ten years, or both. ¤ 61-3C-5. UNAUTHORIZED ACCESS TO COMPUTER SERVICES Any person who [elements of offense set out above] shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred dollars nor more than one thousand dollars or confined in the county jail not more than one year, or both. ¤ 61-3C-6. UNAUTHORIZED POSSESSION OF COMPUTER DATA OR PROGRAMS (a) Any person who [elements of offense set out above] shall be guilty of a felony, and, upon conviction thereof, shall be fined not more than ten thousand dollars or imprisoned in the penitentiary for not more than ten years, or both. (b) Any person who [elements of offense set out above] shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars or confined in the county jail for not more than one year, or both. ¤ 61-3C-7. ALTERATION, DESTRUCTION, ETC., OF COMPUTER EQUIPMENT Any person who [elements of offense set out above] shall be guilty of a felony, and, upon conviction thereof, shall be fined not more than ten thousand dollars or confined in the penitentiary not more than ten years, or both, or, in the discretion of the court, be fined not less than two hundred nor more than one thousand dollars and confined in the county jail not more than one year. ¤ 61-3C-8. DISRUPTION OF COMPUTER SERVICES Any person who [elements of offense set out above] shall be fined not less than two hundred nor more than one thousand dollars or confined in the county jail not more than one year, or both. ¤ 61-3C-9. UNAUTHORIZED POSSESSION OF COMPUTER INFORMATION, ETC. Any person who [elements of offense set out above] shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred nor more than one thousand dollars or confined in the county jail for not more than one year, or both. ¤ 61-3C-10. DISCLOSURE OF COMPUTER SECURITY INFORMATION Any person who [elements of offense set out above] shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than five hundred dollars or confined in the county jail for not more than six months, or both. ¤ 61-3C-11. OBTAINING CONFIDENTIAL PUBLIC INFORMATION Any person who [elements of offense set out above] shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars or confined in the county jail not more than six months, or both. ¤ 61-3C-12. COMPUTER INVASION OF PRIVACY Any person who [elements of offense set out above] shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than five hundred dollars or confined in the county jail for not more than six months, or both. ¤ 61-3C-13. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH ACCESS DEVICES (b) Any person who [elements of offense set out above] shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars or confined in the county jail for not more than six months, or both. (c) Any person who [elements of offense set out above] shall be guilty of a felony, and, upon conviction thereof, shall be fined not more than ten thousand dollars or imprisoned in the penitentiary for not more than ten years, or both. ¤ 61-3C-14. ENDANGERING PUBLIC SAFETY Any person who [elements of offense set out above] shall be guilty of a felony, and, upon conviction thereof, shall be fined not more than fifty thousand dollars or imprisoned not more than twenty years, or both. CIVIL REMEDY: ¤ 61-3C-16. CIVIL RELIEF; DAMAGES (a) Any person whose property or person is injured by reason of a violation of any provision of this article may sue therefor in circuit court and may be entitled to recover for each violation: (1) Compensatory damages; (2) Punitive damages; and (3) Such other relief, including injunctive relief, as the court may deem appropriate. Without limiting the generality of the term, "damages" shall include loss of profits. (b) 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 manner as to protect the secrecy and security of the computer network, computer data, computer program or computer software involved in order to prevent any possible recurrence of the same or a similar act by another person or to protect any trade secret or confidential information of any person. For the purposes of this section "trade secret" means the whole or any portion or phase of any scientific or technological information, design, process, procedure or formula or improvement which is secret and of value. A trade secret shall be presumed to be secret when the owner thereof takes measures to prevent it from becoming available to persons other than those authorized by the owner to have access thereto for a limited purpose. (c) 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. (d) A civil action under this section must be commenced before the earlier of: (1) Five years after the last act in the course of conduct constituting a violation of this article; or (2) two years after the plaintiff discovers or reasonably should have discovered the last act in the course of conduct constituting a violation of this article. DEFENSES: ¤ 61-3C-17. DEFENSES TO CRIMINAL PROSECUTION (a) In any criminal prosecution under this article, it shall be a defense that: (1) The defendant had reasonable grounds to believe that he had authority to access or could not have reasonably known he did not have authority to access the computer, computer network, computer data, computer program or computer software in question; or (2) The defendant had reasonable grounds to believe that he had the right to alter or destroy the computer data, computer software or computer program in question; or (3) The defendant had reasonable grounds to believe that he had the right to copy, reproduce, duplicate or disclose the computer data, computer program, computer security system information or computer software in question. (b) Nothing in this section shall be construed to limit any defense available to a person charged with a violation of this article. VENUE: ¤ 61-3C-18. VENUE For the purpose of criminal and civil venue under this article, any violation of this article shall be considered to have been committed: (1) In any county in which any act was performed in furtherance of any course of conduct which violates this article; (2) In the county of the principal place of business in this state of the aggrieved owner of the computer, computer data, computer program, computer software or computer network, or any part thereof; (3) In any county in which any violator had control or possession of any proceeds of the violation or any books, records, documentation, property, financial instrument, computer data, computer software, computer program, or other material or objects which were used in furtherance of or obtained as a result of the violation; (4) In any county from which, to which, or through which any access to a computer or computer network was made, whether by wires, electromagnetic waves, microwaves or any other means of communication; and (5) In the county in which the aggrieved owner or the defendant resides or either of them maintains a place of business. PURPOSE: ¤ 61-3C-2. LEGISLATIVE FINDINGS The Legislature finds that: (a) The computer and related industries play an essential role in the commerce and welfare of this state. (b) Computer-related crime is a growing problem in business and government. (c) Computer-related crime has a direct effect on state commerce and can result in serious economic and, in some cases, physical harm to the public. (d) Because of the pervasiveness of computers in today's society, opportunities are great for computer related crimes through the introduction of false records into a computer or computer system, the unauthorized use of computers and computer facilities, the alteration and destruction of computers, computer programs and computer data, and the theft of computer resources, computer software and computer data. (e) Because computers have now become an integral part of society, the Legislature recognizes the need to protect the rights of owners and legitimate users of computers and computer systems, as well as the privacy interest of the general public, from those who abuse computers and computer systems. (f) While various forms of computer crime or abuse might possibly be the subject of criminal charges or civil suit based on other provisions of law, it is appropriate and desirable that a supplemental and additional statute be provided which specifically proscribes various forms of computer crime and abuse and provides criminal penalties and civil remedies therefor. MISCELLANEOUS: ¤ 61-3C-19. PROSECUTION UNDER OTHER CRIMINAL STATUTES NOT PROHIBITED Criminal prosecution pursuant to this article shall not prevent prosecution pursuant to any other provision of law. ¤ 61-3C-20. PERSONAL JURISDICTION Any person who violates any provision of this article and, in doing so, accesses, permits access to, causes access to or attempts to access a computer, computer network, computer data, computer resources, computer software or computer program which is located, in whole or in part, within this state, or passes through this state in transit, shall be subject to criminal prosecution and punishment in this state and to the civil jurisdiction of the courts of this state. ¤ 61-3C-21. SEVERABILITY If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provisions or applications of this article which can be given effect without the invalid provision or application, and to that end the provisions of this article are declared to be severable. CITATION: W.Va.Code ¤¤ 61-3C-1 thru 61-3C-21. SOURCE: 1989, c. 47. WISCONSINÇWISCONSIN" \F TÈ TITLE: COMPUTER CRIMES DEFINITIONS: ¤ 943.70. (1) DEFINITIONS In this section: (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. (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. (c) "Computer program" means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data. (d) "Computer software" means a set of computer programs, procedures or associated documentation used in the operation of a computer system. (dm) "Computer supplies" means punchcards, paper tape, magnetic tape, disk packs, diskettes and computer output, including paper and microfilm. (e) "Computer system" means a set of related computer equipment, hardware or software. (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. (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. (h) "Property" means anything of value, including but not limited to financial instruments, information, electronically produced data, computer software and computer programs. (i) "Supporting documentation" means all documentation used in the computer system in the construction, clarification, implementation, use or modification of the software or data. OFFENSES: ¤ 943.70. (2) OFFENSES AGAINST COMPUTER DATA AND PROGRAMS ¤ 943.70. (3) OFFENSES AGAINST COMPUTERS, COMPUTER EQUIPMENT OR SUPPLIES ELEMENTS: ¤ 943.70. (2) OFFENSES AGAINST COMPUTER DATA AND PROGRAMS (a) Whoever wilfully, knowingly and without authorization does any of the following may be penalized as provided in paragraph (b): 1. Modifies data, computer programs or supporting documentation. 2. Destroys data, computer programs or supporting documentation. 3. Accesses data, computer programs or supporting documentation. 4. Takes possession of data, computer programs or supporting documentation. 5. Copies data, computer programs or supporting documentation. 6. Discloses restricted access codes or other restricted access information to unauthorized persons. ¤ 943.70. (3) OFFENSES AGAINST COMPUTERS, COMPUTER EQUIPMENT OR SUPPLIES (a) Whoever wilfully, knowingly and without authorization does any of the following may be penalized as provided in paragraph (b): 1. Modifies computer equipment or supplies that are used or intended to be used in a computer, computer system or computer network. 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. PENALTIES: ¤ 943.70. (2) OFFENSES AGAINST COMPUTER DATA AND PROGRAMS (b) Whoever violates this subsection is guilty of: 1. A Class A misdemeanor unless subd. 2, 3 or 4 applies. 2 A Class E felony if the offense is committed to defraud or to obtain property. 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. 4. A Class C felony if the offense creates a substantial and unreasonable risk and high probability of death or great bodily harm to another. ¤ 943.70. (3) OFFENSES AGAINST COMPUTERS, COMPUTER EQUIPMENT OR SUPPLIES (b) Whoever violates this subsection is guilty of: 1. A Class A misdemeanor unless subdivision 2, 3 or 4 applies. 2. A Class E felony if the offense is committed to defraud or obtain property. 3. A Class D felony if the damage to the computer, computer system, computer network, equipment or supplies is greater than $2,500. 4. A Class C felony if the offense creates a substantial and unreasonable risk and high probability of death or great bodily harm to another. ¤ 943.70. (4) COMPUTER USE RESTRICTION In addition to the other penalties 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. VENUE: Not stated. CIVIL REMEDY: ¤ 943.70. (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 these 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. CITATION: Wis. Stat. ¤ 943.70. SOURCE: L. 1981, c. 293, ¤ 1; amended, 1983 Act 438, ¤¤ 5 to 9; 1983 Act 541, ¤ 1; 1987 Act 399, ¤ 472zkte. WYOMINGÇWYOMING" \F TÈ TITLE: COMPUTER CRIMES DEFINITIONS: ¤ 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. OFFENSE: ¤ 6-3-502. CRIMES AGAINST INTELLECTUAL PROPERTY ¤ 6-3-503. CRIMES AGAINST COMPUTER EQUIPMENT OR SUPPLIES; INTERRUPTION OR IMPAIRMENT OF GOVERNMENTAL OPERATIONS OR PUBLIC SERVICES ¤ 6-3-504. CRIMES AGAINST COMPUTER USERS ELEMENTS: ¤ 63-502. CRIMES AGAINST INTELLECTUAL PROPERTY (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. ¤ 6-3-503. CRIMES AGAINST COMPUTER EQUIPMENT OR SUPPLIES; INTERRUPTION OR IMPAIRMENT OF GOVERNMENTAL OPERATIONS OR PUBLIC SERVICES (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: [Penalties set forth below.] (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 (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, or in conjunction with another. PENALTIES: ¤ 6-3-502. CRIMES AGAINST INTELLECTUAL PROPERTY (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 (a) [Elements of offense set forth above.] 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 [elements of offense set forth above] 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 (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. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. MISCELLANEOUS: ¤ 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. CITATION: Wyo. Stat. ¤¤ 6-3-501 thru 6-3-505. SOURCE: Laws 1982, ch. 75, ¤ 3; amended, Laws 1983, ch. 171, ¤ 1; Laws 1985, ch. 197, ¤ 1.