FOREWORD Since 1978, 49 of the 50 state legislatures and the United States Congress have passed some form of computer crime statute. This volume is a compilation of those statutes as of June 30, 1990. The sole exception is the statute shown for Massachusetts, which had been passed and submitted to the Governor, but had not been signed into law at the time this compilation was completed. To facilitate comparison of computer crime statutes from jurisdiction to jurisdiction, we have chosen to group certain features in the same sequence in each presentation, regardless of how the sequences that legislatures themselves may have used. The sequence we have chosen is as follows: * Title * Definitions * Offenses * Elements of Offenses * Penalties * Venue * Civil Remedy * Legislative Purpose (if stated) * Miscellaneous * Citation * Source A few of these require a brief explanation. Title. Where a state has called its statute a computer crime statute, we use that name. Otherwise, the title used is the title of the overall code section in which the computer crime provisions appear. Offenses. We have used the titles of offenses used by the legislatures except where the legislatures have used a general title of little descriptive value, such as "Offenses" or "Acts." Where the text of the statute is clear, we supply a title for the offense in brackets. Elements. The elements are those specific acts that constitute the offenses. Penalties. Where the penalties have been separately stated, we state them separately. But where they have been stated as part of the section setting forth the offense, we do not repeat the whole offense, stating in brackets that the elements have been set forth above. Citation. The citation is a correct way to cite the whole statute. Each of the sections may be cited separately in the same form. Source. The source, primarily of interest to lawyers within a given state, is the original and any amending acts of the legislature from which the code sections are derived. Every effort has been made to make these materials complete and accurate. Computer crime statutes are here in their entirety. Some changes in type face have been made to produce a uniform format in this publication, but no changes have been made in the numbering of sections or subsections. As noted above, the sequences of some statutes have been altered. Ellipsis points (* * *) have been used sparingly and in only two circumstances. First, we have omitted materials in general criminal statutes when they are irrelevant to computer crime. For example, see the omissions in the Alaska statute, where computer provisions are included in general criminal statutes. Second, we have used ellipsis points occasionally to eliminate repetition of materials already set forth in a prior section. E.g., see the Penalties section of the Nevada statute. This compilation was prepared for the National Institute of Justice by the Institute for Law and Justice, Inc., under Contract No. OJP-85-C-006. The Program Monitor for NIJ was Jonathan Budd. Hugh Nugent organized and directed the project for the Institute of Law and Justice. Claudia Lopez-Muniz assisted in the original compilation work in 1988. Neal Miller updated the materials in 1990. Dina Miller, Catherine Miller, and Mary Pat Clancy were responsible for most of the data input.