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A-C

ALABAMA

ALASKA

ARIZONA

ARKANSAS

CALIFORNIA

COLORADO

CONNECTICUT


D-L

DELAWARE

FLORIDA

GEORGIA

HAWAII

IDAHO

ILLINOIS

INDIANA

IOWA

KANSAS

KENTUCKY

LOUISIANA


M-M

MAINE

MARYLAND

MASSACHUSETTS

MICHIGAN

MINNESOTA

MISSISSIPPI

MISSOURI

MONTANA


N-N

NORTH CAROLINA

NORTH DAKOTA

NEBRASKA

NEVADA

NEW HAMPSHIRE

NEW YORK

NEW JERSEY

NEW MEXICO


O-S

Ohio

OKLAHOMA

OREGON

PENNSYLVANIA

RHODE ISLAND

SOUTH CAROLINA

SOUTH DAKOTA


T-W

TENNESSEE

TEXAS

UTAH

VERMONT

VIRGINIA

WASHINGTON

WISCONSIN

WEST VIRGINIA

WYOMING

Shareware Notice

NCSA US Computer Crime DataBase Registration :


About NCSA

NCSA's Mission Statement

NCSA's US Computer Crime DataBase


ALABAMA

                                             TITLE 13A.  CRIMINAL CODE

                                CHAPTER 8.  OFFENSES INVOLVING THEFT                       	                	ARTICLE 5.  ALABAMA COMPUTER CRIME ACT

13A-8-100. Short title

  	 This article may be cited as the Alabama Computer Crime Act.

13A-8-102. Acts constituting offenses against intellectual property; punishment

   	(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.

   	(d) 	(1) Except as otherwise provided in this subsection, an offense against intellectual property is a Class

A misdemeanor, punishable as provided by law.

      	(2) If the offense is committed for the purpose of devising or executing any scheme or artifice to

defraud or to obtain any property, then the offender is guilty of a Class C felony, punishable as provided by law.

      	(3) If the damage to such intellectual property is $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. Acts constituting offense against computer equipment or supplies; punishment

   	(a) 	(1) Whoever willfully, knowingly, and without authorization or without reasonable grounds to believe that he has such authorization, modifies equipment or supplies that are used or intended to be used in a computer, computer system, or computer network commits an offense against computer equipment or supplies.

      	(2) 	a. Except as provided in this subsection, an offense against computer equipment or supplies as provided in subdivision (a)(1) is a Class A misdemeanor, punishable as provided by law.

         	b. If the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, then the offender is guilty of a Class C felony, punishable as provided by law.

(b) 	(1) Whoever willfully, knowingly, and without authorization or without reasonable grounds to believe that he has such authorization, destroys, uses, takes, injures, or damages equipment or supplies used or intended to be used in a computer, computer system, or computer network, or whoever willfully, knowingly, and without authorization or without reasonable grounds to believe that he has such authorization, destroys, injures, takes, or damages any computer, computer system, or computer network commits an offense against computer equipment and supplies.

      	(2) 	a. Except as provided in this subsection, an offense against computer equipment or supplies as provided in subdivision (b)(1) is a Class A misdemeanor, punishable as provided by law.

         	b. If the damage to such computer equipment or supplies or to the computer, computer system, or computer network is $2,500.00 or greater, or if there is an interruption or impairment of governmental operation or public communication, transportation, or supply of water, gas, or other public utility service, then the offender is guilty of a Class B felony, punishable as provided by law.


ALASKA

 	                       TITLE 11.

    	                 CRIMINAL LAW

                   CHAPTER 46.  OFFENSES AGAINST PROPERTY

                                     ARTICLE 6.  GENERAL PROVISIONS

Sec. 11.46.980.  Determination of value; aggregation of amounts

(a) In this chapter, whenever it is necessary to determine the value of property, that value is the market value

of the property at the time and place of the crime unless otherwise specified or, if the market value cannot reasonably be

ascertained, the cost of replacement of the property within a reasonable time after the crime.

   	(b) The value of written instruments, exclusive of public and corporate bonds and securities and other

instruments having a readily ascertainable market value, shall be determined in the following manner:

      	(1) the value of an instrument constituting an evidence of debt, including a check, draft, or promissory note, is the amount due or collected on the instrument;

      	(2) the value of any other instrument that affects a valuable legal right, privilege, or obligation shall

be considered the greatest amount of economic loss that the owner of the instrument might reasonably incur because of the loss of the instrument.

   	(c) In determining the degree or classification of a crime under this chapter, amounts involved in criminal acts

committed under one course of conduct, whether from the same person or several persons, shall be aggregated.

TITLE 11.  CRIMINAL LAW

CHAPTER 46.  OFFENSES AGAINST PROPERTY

ARTICLE 5.  BUSINESS AND COMMERCIAL OFFENSES

Sec. 11.46.740.  Criminal use of computer

(a) A person commits the offense of criminal use of a computer if, having no right to do so or any reasonable ground to believe the person has such a right, the person knowingly accesses 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.

   	(b) Criminal use of a computer is a class C felony.

Sec. 11.46.985.  Deceiving a machine

 In a prosecution under this chapter for an offense that requires "deception" as an element, it is not a defense

that the defendant deceived or attempted to deceive a machine.  For purposes of this section, "machine" includes a vending machine, computer, turnstile, or automated teller machine.

TITLE  11.  CRIMINAL LAW

CHAPTER 46.  OFFENSES AGAINST PROPERTY

ARTICLE 1.  THEFT AND RELATED OFFENSES

Sec. 11.46.100.  Theft defined

 A person commits theft if

     	(1) with intent to deprive another ofproperty or to appropriate property of another to oneself or a

third person, the person obtains the property of another;

      	(2) the person commits theft of lost or mislaid property under AS 11.46.160;

      	(3) the person commits theft by deception under AS 11.46.180;

      	(4) the person commits theft by receiving under AS 11.46.190;

      	(5) the person commits theft of services under AS 11.46.200;

      	(6) the person commits theft by failure to make required disposition of funds received or held under AS 11.46.210.

TITLE 11.  CRIMINAL LAW

CHAPTER 46.  OFFENSES AGAINST PROPERTY

ARTICLE 3.  ARSON, CRIMINAL MISCHIEF, AND RELATED OFFENSES

Sec. 11.46.484.  Criminal mischief in the third degree

   	(a) A person commits the crime of criminal mischief in the third degree if, having no right to do so or any

reasonable ground to believe the person has such a right

     	(1) with intent to damage property of another, the person damages property of another in an amount of $50 or more but less than $500;

      	(2) the person drives, tows away, or takes the propelled vehicle of another;

      	(3) having custody of a propelled vehicle under a written agreement with the owner of the vehicle that

includes an agreement to return the vehicle to the owner at a specified time, the person knowingly retains or withholds

possession of the vehicle without the consent of the owner for so long a period beyond the time specified as to render the retention or possession of the vehicle an unreasonable deviation from the agreement;

      	(4) the person tampers with a fire protection device in a building that is a public place;

      	(5) the person knowingly accesses a computer, computer system, computer program, computer network, or part of a computer system or network;

      	(6) the person uses a device to descramble an electronic signal that has been scrambled to prevent

unauthorized receipt or viewing of the signal unless the device is used only to descramble signals received directly from a satellite or unless the person owned the device before September 18, 1984; or

      	(7) the person knowingly removes, relocates, defaces, alters, obscures, shoots at, destroys, or otherwise tampers with an official traffic control device or damages the work upon a highway under construction.

   	(b) Except as provided in (c) of this section, criminal mischief in the third degree is a class A misdemeanor.

   	(c) A person convicted under (a)(2) of this section is guilty of a class C felony if, within the preceding

seven years, the person was convicted under

 (1) the provisions of (a)(2) of this section;

        	(2) former AS 28.35.010;

      	(3) the provisions of AS 11.46.482(a)(4);

      	(4) an offense involving the theft of a propelled vehicle under AS 11.46.120 -- 11.46.140; or

      	(5) a law or ordinance of this or another jurisdiction with elements substantially similar to those of the offenses described in (1) -- (4) of this subsection.


ARIZONA

TITLE 13.  CRIMINAL CODE

CHAPTER 23.  ORGANIZED CRIME AND FRAUD

13-2301. Definitions

    E. For the purposes of section 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 section 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.

13-2316. Computer fraud; classification

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.

   	C. Computer fraud in the first degree is a class 3 felony. Computer fraud in the second degree is a class 6

felony.


ARKANSAS

TITLE 5. CRIMINAL OFFENSES

SUBTITLE 4. OFFENSES AGAINST PROPERTY

CHAPTER 41.  COMPUTER-RELATED CRIMES

 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-related crime might possibly be the subject of criminal charges based on other provisions of law, it is appropriate and desirable that a statute be enacted which deals directly with computer-related crime.

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.

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.

   	(b) Computer fraud is a Class D felony.

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.

 	(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 hundreddollars ($500) or more, but less than two thousand 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.

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.

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.

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.


CALIFORNIA

CALIFORNIA PENAL CODE

TITLE 13. Crimes Against Property

CHAPTER 5. Larceny

   502.  Computer crimes

(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.

         (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 resources 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.

         (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 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.

         (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 exceeding 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)

                  (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.

                  (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.

         (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.

         (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)

                  (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.

                  (2) 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.

         (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.

         (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.

502.01.

         Forfeiture of property used in committing computer crimes or fraudulently obtaining telephone

or telegraph service

         (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.

         (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).

1203.047.  Probation on conviction of computer crimes

                  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.  Prohibition of probation on conviction of computer crimes involving taking or damage to

property with specified value

         (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.

PART 3. Of Imprisonment and the Death Penalty

TITLE 1. Imprisonment of Male Prisoners in State Prisons

CHAPTER 5. Employment of Prisoners

ARTICLE 1. Employment of Prisoners Generally

  2702.  Work on or access to computer system by person convicted of computer crime

          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.


COLORADO

TITLE 18. CRIMINAL CODE

ARTICLE 5.5.  COMPUTER CRIME

    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.

 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.

      (3) If the loss, damage, or thing of value taken in violation of this section is less than one hundred

dollars, computer crime is a class 3 misdemeanor; if one hundred dollars or more but less than four

hundred dollars, computer crime is a class 2 misdemeanor; if four hundred dollars or more but less than

fifteen thousand dollars, computer crime is a class 5 felony; if fifteen thousand dollars or more, computer

crime is a class 3 felony.


CONNECTICUT

                                                TITLE 52.  CIVIL ACTIONS

                CHAPTER 925.  STATUTORY RIGHTS OF ACTION AND DEFENSES

52-570b. Action for computer-related offenses

      (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 section 53a-251 may bring an

action against such person and may apply to the superior court for:

             (1) An order temporarily or permanently restraining and enjoining the commencement or

continuance of such act or acts;

             (2) an order directing restitution; or

             (3) 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

section 53a-251 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 section 53a-251, 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 section 53a-251. 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 of subsection (e) of section 53a-251 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) A civil action may be brought under this section against the state or any political subdivision

thereof and the defense of governmental immunity shall not be available in any such action. The rights and

liability of the state or any political subdivision thereof in each such action shall be coextensive with and

shall equal the rights and liability of private persons in like circumstances.(h) No civil action under

this section may be brought but within three years from the date the alleged violation of section 53a-251

is discovered or should have been discovered by the exercise of reasonable diligence.

TITLE 53a. PENAL CODE

CHAPTER 952.  PENAL CODE: OFFENSES

 PART XXII.  COMPUTER-RELATED OFFENSES

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.

53a-251. Computer crime

      (a)  Defined. A person commits computer crime when he violates any of the provisions of this

section.

      (b)  Unauthorized access to a computer system.    (1) A person is guilty of the

computer crime of unauthorized access to a computer system when, knowing that he is not authorized to

do so, he accesses or causes to be accessed any computer system without authorization.(2)

It shall be an affirmative defense to a prosecution for unauthorized access to a computer system that:(A)

The person reasonably believed that the owner of the computer system, or a person empowered to license

access thereto, had authorized him to access;     (B) the person reasonably believed that

the owner of the computer system, or a person empowered to license access thereto, would have

authorized him to access without payment of any consideration; or    (C) the person

reasonably could not have known that his access was unauthorized.

      (c)  Theft of computer services. A person is guilty of the computer crime of theft of computer

services when he accesses or causes to be accessed or otherwise uses or causes to be used a computer

system with the intent to obtain unauthorized computer services.

      (d)  Interruption of computer services. A person is guilty of the computer crime of interruption

of computer services when he, without authorization, intentionally or recklessly disrupts or degrades or

causes the disruption or degradation of computer services or denies or causes the denial of computer

services to an authorized user of a computer system.

      (e)  Misuse of computer system information. A person is guilty of the computer crime of misuse

of computer system information when:        (1) As a result of his accessing or causing to be

accessed a computer system, he intentionally makes or causes to be made an unauthorized display, use,

disclosure or copy, in any form, of data residing in, communicated by or produced by a computer system;

or           (2) he intentionally or recklessly and without authorization

                   (A) alters, deletes, tampers with, damages, destroys or takes data intended for use

by a computer system, whether residing within or external to a computer system, or(B)

intercepts or adds data to data residing within a computer system; or(3) he knowingly receives

or retains data obtained in violation of subdivision (1) or (2) of this subsection; or(4) he uses

or discloses any data he knows or believes was obtained in violation of subdivision (1) or (2) of this

subsection.

      (f)  Destruction of computer equipment. A person is guilty of the computer crime of destruction

of computer equipment when he, without authorization, intentionally or recklessly tampers with, takes,

transfers, conceals, alters, damages or destroys any equipment used in a computer system or intentionally

or recklessly causes any of the foregoing to occur.

 53a-252. Computer crime in the first degree: Class B felony

      (a) A person is guilty of computer crime in the first degree when he commits computer crime as

defined in section 53a-251 and the damage to or the value of the property or computer services exceeds

ten thousand dollars.

      (b) Computer crime in the first degree is a class B felony.

53a-253. Computer crime in the second degree: Class C felony

      (a) A person is guilty of computer crime in the second degree when he commits computer crime

as defined in section 53a-251 and the damage to or the value of the property or computer services exceeds

five thousand dollars.

      (b) Computer crime in the second degree is a class C felony.

 53a-254. Computer crime in the third degree: Class D felony

      (a) A person is guilty of computer crime in the third degree when he commits computer crime as

defined in section 53a-251 and        (1) the damage to or the value of the property or computer

services exceeds one thousand dollars or    (2) he recklessly engages in conduct which creates

a risk of serious physical injury to another person.

      (b) Computer crime in the third degree is a class D felony.

53a-255. Computer crime in the fourth degree: Class A misdemeanor

      (a) A person is guilty of computer crime in the fourth degree when he commits computer crime

as defined in section 53a-251 and the damage to or the value of the property or computer services exceeds

five hundred dollars.

      (b) Computer crime in the fourth degree is a class A misdemeanor.

53a-256. Computer crime in the fifth degree: Class B misdemeanor

      (a) A person is guilty of computer crime in the fifth degree when he commits computer crime as

defined in section 53a-251 and the damage to or the value of the property or computer services, if any, is

five hundred dollars or less.

      (b) Computer crime in the fifth degree is a class B misdemeanor.

53a-257. Alternative fine based on defendant's gain

      If a person has gained money, property or services or other consideration through the commission

of any offense under section 53a-251, upon conviction thereof the court, in lieu of imposing a fine, may

sentence the defendant to pay an amount, fixed by the court, not to exceed double the amount of the

defendant's gain from the commission of such offense. In such case the court shall make a finding as to

the amount of the defendant's gain from the offense and, if the record does not contain sufficient evidence

to support such a finding, the court may conduct a hearing upon the issue. For the purpose of this section,

"gain" means the amount of money or the value of property or computer services or other consideration

derived.

 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.

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.

 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 this state.


DELAWARE

TITLE 11.  CRIMES AND CRIMINAL PROCEDURE

PART I.  DELAWARE CRIMINAL CODE

CHAPTER 5.  SPECIFIC OFFENSES

SUBCHAPTER III.  OFFENSES INVOLVING PROPERTY

SUBPART K. COMPUTER RELATED OFFENSES

   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.

 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

foregoing to occur.

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.

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.

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 of 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.


FLORIDA

TITLE XLVI  CRIMES

CHAPTER 815 COMPUTER-RELATED CRIMES

815.01 Short title.

      The provisions of this act shall be known and may be cited as the "Florida Computer Crimes Act."

 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.

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 n1 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.

815.04 Offenses against intellectual property; public records exemption.

      (1)   Whoever willfully, knowingly, and without authorization modifies data, programs, or

supporting documentation residing or existing internal or external to a computer, computer system, or

computer network commits an offense against intellectual property.

      (2)   Whoever willfully, knowingly, and without authorization destroys data, programs, or

supporting documentation residing or existing internal or external to a computer, computer system, or

computer network commits an offense against intellectual property.

      (3)    (a)   Data, programs, or supporting documentation which is a trade secret as defined in

s. 812.081 which resides or exists internal or external to a computer, computer system, or computer

network which is held by an agency as defined in chapter 119 is confidential and exempt from the

provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption is subject to the

Open Government Sunset Review Act in accordance with s. 119.14.

             (b)   Whoever willfully, knowingly, and without authorization discloses or takes data,

programs, or supporting documentation which is a trade secret as defined in s. 812.081 or is confidential

as provided by law residing or existing internal or external to a computer, computer system, or computer

network commits an offense against intellectual property.

      (4)    (a)   Except as otherwise provided in this subsection, an offense against intellectual

property is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

             (b)   If the offense is committed for the purpose of devising or executing any scheme or

artifice to defraud or to obtain any property, then the offender is guilty of a felony of the second degree,

punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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.

             (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 or s. 775.083.

                   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)    (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.

             (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 or s. 775.083.

                   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 $ 1,000, 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 $ 1,000 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.

      (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.

      (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.

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.


GEORGIA

TITLE 16.  CRIMES AND OFFENSES

CHAPTER 9.  FORGERY AND FRAUDULENT PRACTICES

ARTICLE 6.  COMPUTER SYSTEMS PROTECTION

16-9-90.  Short title

      This article may be cited as the "Georgia Computer Systems Protection Act."

16-9-91.  Legislative findings

      The General Assembly finds that:      (1) Computer related crime is a growing problem

in the government and in the private sector;

             (2) Such crime occurs at great cost to the public, since losses for each incident of computer

crime tend to be far greater than the losses associated with each incident of other white collar crime;

             (3) The opportunities for computer related crimes in state programs, and in other entities

which operate within the state, through the introduction of fraudulent records into a computer system,

unauthorized use of computer facilities, alteration or destruction of computerized information files, and

stealing of financial instruments, data, or other assets are great;

             (4) Computer related crime operations have a direct effect on state commerce;

             (5) Liability for computer crimes should be imposed on all persons, as that term is defined

in this title; and

             (6) The prosecution of persons engaged in computer related crime is difficult under

previously existing Georgia criminal statutes.

16-9-92.  Definitions

      As used in this article, the term:

             (1) "Computer" means an electronic, magnetic, optical, electrochemical, or other high-speed

data processing device or system performing computer operations with or on data and includes any data

storage facility or communications facility directly related to or operating in conjunction with such device;

but such term does not include an automated typewriter or typesetter, portable hand-held calculator,

household appliance, or other similar device that is not used to communicate with or to manipulate any

other computer.

             (2) "Computer network" means a set of related, remotely connected computers and any

communications facilities with the function and purpose of transmitting data among them through the

communications facilities.

             (3) "Computer operation" means computing, classifying, transmitting, receiving, retrieving,

originating, switching, storing, displaying, manifesting, measuring, detecting, recording, reproducing,

handling, or utilizing any form of data for business, scientific, control, or other purposes.

             (4) "Computer program" means one or more statements or instructions composed and

structured in a form acceptable to a computer that, when executed by a computer in actual or modified

form, cause the computer to perform one or more computer operations.  The term "computer program"

shall include all associated procedures and documentation, whether or not such procedures and

documentation are in human readable form.

             (5) "Data" includes any representation of information, intelligence, or data in any fixed

medium, including documentation, computer printouts, magnetic storage media, punched cards, storage

in a computer, or transmission by a computer network.

             (6) "Financial instruments" includes any check, draft, money order, note, certificate of

deposit, letter of credit, bill of exchange, credit or debit card, transaction-authorizing mechanism, or

marketable security, or any computer representation thereof.

             (7) "Property" includes computers, computer networks, computer programs, data, financial

instruments, and services.                                                 (8)

"Services" includes computer time or services or data processing services.

             (9) "Use" includes causing or attempting to cause:

                   (A) A computer or computer network to perform or to stop performing computer

operations;

                   (B) The obstruction, interruption, malfunction, or denial of the use of a computer,

computer network, computer program, or data; or

                   (C) A person to put false information into a computer.

             (10) "Victim expenditure" means any expenditure reasonably and necessarily incurred by

the owner to verify that a computer, computer network, computer program, or data was or was not

altered, deleted, damaged, or destroyed by unauthorized use.

             (11) "Without authority" includes the use of a computer or computer network in a manner

that exceeds any right or permission granted by the owner of the computer or computer network.

16-9-93.  Computer crimes defined; exclusivity of article; civil remedies; criminal penalties(a)

Computer Theft. Any person who uses a computer or computer network with knowledge that such use

is without authority and with the intention of:

             (1) Taking or appropriating any property of another, whether or not with the intention

of depriving the owner of possession;

             (2) Obtaining property by any deceitful means or artful practice; or

             (3) Converting property to such person's use in violation of an agreement or other known

legal obligation to make a specified application or disposition of such property   shall be guilty of the crime

of computer theft.

      (b)  Computer Trespass. Any person who uses a computer or computer network with knowledge

that such use is without authority and with the intention of:

             (1) Deleting or in any way removing, either temporarily or permanently, any computer

program or data from a computer or computer network;

             (2) Obstructing, interrupting, or in any way interfering with the use of a computer program

or data; or

             (3) Altering, damaging, or in any way causing the malfunction of a computer, computer

network, or computer program, regardless of how long the alteration, damage, or malfunction persists

shall be guilty of the crime of computer trespass.

      (c)  Computer Invasion of Privacy. Any person who uses a computer or computer network with

the intention of examining any employment, medical, salary, credit, or any other financial or personal data

relating to any other person with knowledge that such examination is without authority shall be guilty of

the crime of computer invasion of privacy.

      (d)  Computer Forgery. Any person who creates, alters, or deletes any data contained in any

computer or computer network, who, if such person had created, altered, or deleted a tangible document

or instrument would have committed forgery under Article 1 of this chapter, shall be guilty of the crime

of computer forgery.  The absence of a tangible writing directly created or altered by the offender shall

not be a defense to the crime of computer forgery if a creation, alteration, or deletion of data was involved

in lieu of a tangible document or instrument.

      (e)  Computer Password Disclosure. Any person who discloses a number, code, password, or other

means of access to a computer or computer network knowing that such disclosure is without authority and

which results in damages (including the fair market value of any services used and victim expenditure) to

the owner of the computer or computer network in excess of $500.00 shall be guilty of the crime of

computer password disclosure.

      (f)  Article not Exclusive. The provisions of this article shall not be construed to preclude the

applicability of any other law which presently applies or may in the future apply to any transaction or

course of conduct which violates this article.

      (g) Civil Relief; Damages.

             (1) Any person whose property or person is injured by reason of a violation of any provision

of this article may sue therefor and recover for any damages sustained and the costs of suit.  Without

limiting the generality of the term, "damages" shall include loss of profits and victim expenditure.

             (2) At the request of any party to an action brought pursuant to this Code section, the

court shall by reasonable means conduct all legal proceedings in such a way as to protect the secrecy and

security of any computer, computer network, data, or computer program involved in order to prevent

possible recurrence of the same or a similar act by another person and to protect any trade secrets of any

party.

             (3) The provisions of this article shall not be construed to limit any person's right to pursue

any additional civil remedy otherwise allowed by law.

             (4) A civil action under this Code section must be brought within four years after the

violation is discovered or by exercise of reasonable diligence should have been discovered.  For purposes

of this article, a continuing violation of any one subsection of this Code section by any person constitutes

a single violation by such person.

      (h) Criminal Penalties.

             (1) Any person convicted of the crime of computer theft, computer trespass, computer

invasion of privacy, or computer forgery shall be fined not more than $50,000.00 or imprisoned not more

than 15 years, or both.

             (2) Any person convicted of computer password disclosure shall be fined not more than

$5,000.00 or incarcerated for a period not to exceed one year, or both.

 16-9-94.  Venue   For the purpose of venue under this article, any violation of this article shall be

considered to have been committed:          (1) In the county of the principal place of business

in this state of the owner of a computer, computer network, or any part thereof;

             (2) In any county in which any person alleged to have violated any provision of this article

had control or possession of any proceeds of the violation or of any books, records, documents, or property

which were used in furtherance of the violation;

             (3) In any county in which any act was performed in furtherance of any transaction which

violated this article; and

             (4) In any county from which, to which, or through which any use of a computer or

computer network was made, whether by wires, electromagnetic waves, microwaves, or any other means

of communication.


HAWAII

DIVISION 5.  CRIMES AND CRIMINAL PROCEEDINGS

TITLE 37.  HAWAII PENAL CODE

CHAPTER 708.  OFFENSES AGAINST PROPERTY RIGHTS

COMPUTER CRIME

708-890   Definitions

      As used in this part, unless the context otherwise requires:"Access" means to gain

entry to or communicate with a computer, computer system, or computer network.

             "Computer" means any device which performs logical, arithmetic, and memory functions

by the manipulation of electronic or magnetic inpulses 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 equipment" or "hardware" means central processing units, microprocessors, data

storage and other computer memory devices, and computer terminals or similar devices.

             "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 services" means data input, data output, data processing, or data storage by

or in a computer system or computer network.

             "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.

             "Disruption" means any deviation from normal operations of any computer, computer

system, or computer network.

             "Injury" includes addition, alteration, damage, deletion, destruction, denial of access with

respect to data in, or functions of, a computer system or computer network.

             "Property" includes 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.

             "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.

708-891  Computer fraud  (1) A person commits the offense of computer fraud if:  (a)

The person accesses or causes to be accessed any computer, computer system, computer network, or any

of its parts with the intent of devising or executing any scheme or artifice to defraud; or

             (b) The person accesses or causes to be accessed any computer, computer system,

computer network, or any of its parts with the intent of obtaining money, property or services by means

of embezzlement or false or fraudulent representations; or

             (c) The person, without authorization, accesses or causes to be accessed any computer,

computer system, computer network, or any of its parts with the intent of obtaining credit information on

another person; or

             (d) The person accesses or causes to be accessed any computer, computer system,

computer network, or any of its parts with the intent of introducing or causing to be introduced false

information to damage or enhance the credit rating of any person.

      (2) Computer fraud is a class C felony.

 708-892  Unauthorized computer use   (1) A person commits the offense of unauthorized computer

use if the person intentionally and without authorization accesses, alters, injures, disrupts, damages, or

destroys any computer, computer system, computer network, computer program, computer software, or

any data stored therein.

      (2) Unauthorized computer use is a class C felony.

 708-893  Entry without disruption(1) The court may dismiss a prosecution if, having regard to the

nature of the conduct alleged and nature of the attendant circumstances, it finds that the defendant's

conduct did not actually cause harm or damage to any computer, computer system, computer network, or

any of its data or software.

      (2) The court shall not dismiss a prosecution under section (1) without filing a written statement

of its reasons.


IDAHO

PENAL CODE

TITLE 18. CRIMES AND PUNISHMENTS

CHAPTER 22.  COMPUTER CRIME

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.

18-2202. Computer crime

      (1) Any person who knowingly accesses, attempts to access or uses, or attempts to use any

computer, computer system, computer network, or any part thereof for the purpose of: devising or

executing any scheme or artifice to defraud; obtaining money, property, or services by means of false or

fraudulent pretenses, representations, or promises; or committing theft; commits computer crime.

      (2) Any person who knowingly and without authorization alters, damages, or destroys any

computer, computer system, or computer network described in section 18-2201, Idaho Code, or any

computer software, program, documentation, or data contained in such computer, computer system, or

computer network commits computer crime.

      (3) Any person who knowingly and without authorization uses, accesses, or attempts to access any

computer, computer system, or computer network described in section 18-2201, Idaho Code, or any

computer software, program, documentation or data contained in such computer, computer system, or

computer network, commits computer crime.

      (4) A violation of the provisions of subsections (1) or (2) of this section shall be a felony. A violation

of the provisions of subsection (3) of this section shall be a misdemeanor.


ILLINOIS

CHAPTER 720. CRIMINAL OFFENSES

CRIMINAL CODE

TITLE III.  SPECIFIC OFFENSES

PART C.  OFFENSES DIRECTED AGAINST PROPERTY

ARTICLE 16D.  COMPUTER CRIME

 5/16D-1.  Short title

Sec. 16D-1. Short title.  This Article shall be known and may be cited as the "Computer Crime

Prevention Law".

5/16D-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 [720 ILCS 5/15-1], "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.

 5/16D-3.  Computer Tampering

      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 [720  5/15-2], 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 or data from that computer, or

any other computer program or data in a computer subsequently accessing or being accessed by that

computer, or that will or may cause loss to the users of that computer or the users of a computer which

accesses or which is accessed by such "program".

      (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.

      (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.

 5/16D-4.  Aggravated Computer Tampering

      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 [720 ILCS 5/16D-3] and he knowingly:

                   (1) causes disruption of or interference with vital services or operations of State or local

government or a public utility; or

                   (2) creates a strong probability of death or great bodily harm to one or more individuals.

             (b) Sentence.

                   (1) A person who commits the offense of aggravated computer tampering as set forth in

subsection (a)(1) of this Section shall be guilty of a Class 3 felony.

                   (2) A person who commits the offense of aggravated computer tampering as set forth in

subsection (a)(2) of this Section shall be guilty of a Class 2 felony.

  5/16D-5.  Computer Fraud

      Computer Fraud.

             (a) A person commits the offense of computer fraud when he knowingly:

                   (1) Accesses or causes to be accessed a computer or any part thereof, or a program or data,

for the purpose of devising or executing any scheme, artifice to defraud, or as part of a deception;

                   (2) Obtains use of, damages, or destroys a computer or any part thereof, or alters, deletes,

or removes any program or data contained therein, in connection with any scheme, artifice to defraud, or

as part of a deception; or

                   (3) Accesses or causes to be accessed a computer or any part thereof, or a program or data,

and obtains money or control over any such money, property, or services of another in connection with any

scheme, artifice to defraud, or as part of a deception.

             (b) Sentence.

                   (1) A person who commits the offense of computer fraud as set forth in subsection (a)(1) of

this Section shall be guilty of a Class 4 felony.

                   (2) A person who commits the offense of computer fraud as set forth in subsection (a)(2) of

this Section shall be guilty of a Class 3 felony.

                   (3) A person who commits the offense of computer fraud as set forth in subsection (a)(3) of

this Section shall:

                         (i) be guilty of a Class 4 felony if the value of the money, property or services is $1,000

or less; or

                         (ii) be guilty of a Class 3 felony if the value of the money, property or services is more

than $1,000 but less than $50,000; or

                         (iii) be guilty of a Class 2 felony if the value of the money, property or services is

$50,000 or more.

  5/16D-6.  Forfeiture

      Forfeiture. 1. Any person who commits the offense of computer fraud as set forth in Section 16D-5

[720 ILCS 5/16D-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 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 purposes 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 [720 5/16D-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 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 solely by a State agency, the

portion provided hereunder shall be paid into the State Police 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.

 5/16D-7.  Rebuttable Presumption -without authority

      Sec. 16D-7. Rebuttable Presumption -- without 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.


INDIANA

TITLE 35.  CRIMINAL LAW AND PROCEDURE

ARTICLE 43.  OFFENSES AGAINST PROPERTY

CHAPTER 1.  ARSON -- MISCHIEF

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.

      (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.

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.

      (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.


IOWA

TITLE XVI  CRIMINAL LAW AND PROCEDURE

SUBTITLE 1  CRIME CONTROL AND CRIMINAL ACTS

CHAPTER 716A  COMPUTER CRIME

 716A.1 Definitions

As used in this chapter, unless the context otherwise requires:

             1. "Access" means to instruct, communicate with, store data in, or retrieve data from a

computer, computer system, or computer network.

             2. "Computer" means an electronic device which performs logical, arithmetical, and memory

functions by manipulations of electronic or magnetic impulses, and includes all input, output, processing,

storage, computer software, and communication facilities which are connected or related to the computer

in a computer system or computer network.

             3. "Computer network" means a set of related, remotely connected devices and

communication facilities including two or more computers with capability to transmit data among them

through communication facilities.

             4. "Computer program" means an ordered set of instructions or statements that, when

executed by a computer, causes the computer to process data.

             5. "Computer software" means a set of computer programs, procedures, or associated

documentation used in the operation of a computer.

             6. "Computer system" means related, connected or unconnected, computers or peripheral

equipment.

             7. "Data" means a representation of information, knowledge, facts, concepts or instructions

that has been prepared or is being prepared in a formalized manner and has been processed, or is intended

to be processed in a computer. Data may be in any form including, but not limited to, printouts, magnetic

storage media, punched cards and as stored in the memory of a computer.

             8. "Loss of property" means the greatest of the following:

                   a. The retail value of the property involved.     b. The reasonable

replacement or repair cost, whichever is less.

             9. "Loss of services" means the reasonable value of the damage created by the unavailability

or lack of utility of the property or services involved until repair or replacement can be effected.

             10. "Property" means anything of value as defined in section 702.14, including but not

limited to computers and computer data, information, software, and programs.     11.

"Services" means the use of a computer, computer system, or computer network and includes, but is not

limited to, computer time, data processing, and storage functions.

 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 10.

 716A.4 Computer damage in the first degree

      Computer damage is computer damage in the first degree when the damage results in a loss of

property or services of more than ten thousand dollars. Computer damage in the first degree is a class "C"

felony.

 716A.5 Computer damage in the second degree

      Computer damage is computer damage in the second degree when the damage results in a loss of

property or services of more than one thousand dollars but not more than ten thousand dollars.  Computer

damage in the second degree is a class "D" felony.

 716A.6 Computer damage in the third degree

      Computer damage is computer damage in the third degree when the damage results in a loss of

property or services of more than five hundred dollars but not more than one thousand dollars.  Computer

damage in the third degree is an aggravated misdemeanor.

 716A.7 Computer damage in the fourth degree

Computer damage is computer damage in the fourth degree when the damage results in a loss of property

or services of more than one hundred dollars but not more than five hundred dollars. Computer damage

in the fourth degree is a serious misdemeanor.

 716A.8 Computer damage in the fifth degree

      Computer damage is computer damage in the fifth degree when the damage results in a loss of

property or services of not more than one hundred dollars. Computer damage in the fifth degree is a

simple misdemeanor.

 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.

 716A.10 Computer theft in the first degree

      Computer theft is computer theft in the first degree when the theft involves or results in a loss

of services or property of more than ten thousand dollars. Computer theft in the first degree is a class "C"

felony.

  716A.11 Computer theft in the second degree

      Computer theft is computer theft in the second degree when the theft involves or results in a loss

of services or property of more than one thousand dollars but not more than ten thousand dollars.

Computer theft in the second degree is a class "D" felony.

 716A.12 Computer theft in the third degree

      Computer theft is computer theft in the third degree when the theft involves or results in a loss

of services or property of more than five hundred dollars but not more than one thousand dollars.

Computer theft in the third degree is an aggravated misdemeanor.

 716A.13 Computer theft in the fourth degree

Computer theft is computer theft in the fourth degree when the theft involves or results in a loss of

services or property of more than one hundred dollars but not more than five hundred dollars.  Computer

theft in the fourth degree is a serious misdemeanor.

 716A.14 Computer theft in the fifth degree

      Computer theft is computer theft in the fifth degree when the theft involves or results in a loss

of services or property of not more than one hundred dollars.  Computer theft in the fifth degree is a

simple misdemeanor.

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 evidenceIn 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.


KANSAS

CHAPTER 21. CRIMES AND PUNISHMENTS

KANSAS CRIMINAL CODE

PART II.  PROHIBITED CONDUCT

ARTICLE 37.  CRIMES AGAINST PROPERTY

21-3755.  Computer crime; criminal computer access.

(a) As used in this section, the following words and phrases shall have the meanings respectively

ascribed thereto:

             (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 work using programmed

instruction and which has one or more of the capabilities of storage, logic, arithmetic or communication and

includes all input, output, processing, storage, software or communication facilities which are connected

or related to such a device in a system or network.

             (3) "Computer network" means the interconnection of communication lines, including

microwave or other means of electronic communication, with a computer through remote terminals, or a

complex consisting of two or more interconnected computers.

             (4) "Computer program" means a series of instructions or statements in a form acceptable

to a computer which permits the functioning of a computer system in a manner designed to provide

appropriate products from such computer system.

             (5) "Computer software" means computer programs, procedures and associated

documentation concerned with the operation of a computer system.

             (6) "Computer system" means a set of related computer equipment or devices and

computer software which may be connected or unconnected.

             (7) "Financial instrument" means any check, draft, money order, certificate of deposit, letter

of credit, bill of exchange, credit card, debit card or marketable security.

             (8) "Property" includes, but is not limited to, financial instruments, information,

electronically produced or stored data, supporting documentation and computer software in either machine

or human readable form.

             (9) "Services" includes, but is not limited to, computer time, data processing and storage

functions and other uses of a computer, computer system or computer network to perform useful work.

             (10) "Supporting documentation" includes, but is not limited to, all documentation used in

the construction, classification, implementation, use or modification of computer software, computer

programs or data.

       (b) Computer crime is:

             (1) Intentionally 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;

             (2) 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

             (3) intentionally exceeding the limits of authorization and damaging, modifying, altering,

destroying, copying, disclosing or taking possession of a computer, computer system, computer network

or any other property.

      (c)    (1) Computer crime which causes a loss of the value of less than $ 500 is a class A

nonperson misdemeanor.

             (2) Computer crime which causes a loss of the value of at least $ 500 but less than $ 25,000

is a severity level 9, nonperson felony.

             (3) Computer crime which causes a loss of the value of $ 25,000 or more is a severity level

7, nonperson felony.

      (d) 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.

      (e) Criminal computer access is intentionally, 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. Criminal computer access is a class A nonperson misdemeanor.

      (f) This section shall be part of and supplemental to the Kansas criminal code.


KENTUCKY

TITLE XL.  CRIMES AND PUNISHMENTS

CHAPTER 434.  OFFENSES AGAINST PROPERTY BY FRAUD

UNLAWFUL ACCESS TO A COMPUTER

434.840. Definitions

For the purposes of 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.

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.

      (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.

      (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

      (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, computer system, computer network,

or any part thereof.

      (2) Unlawful access to a computer in the second degree is a Class A misdemeanor.

 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

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  434.845.

      (2) Misuse of computer information is a Class C felony.

 434.860. Venue

      For the purpose of venue under the provisions of  434.845, 434.850 or 434.855, any violation of

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  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.


LOUISIANA

TITLE 14. CRIMINAL LAW

CHAPTER 1.  CRIMINAL CODE

PART III.  OFFENSES AGAINST PROPERTY

SUBPART D.  COMPUTER RELATED CRIME

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 service 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  14:67.3, or marketable security.

             (9) "Intellectual property" includes data, computer programs, computer software, trade

secrets as defined in  51:1431(4), 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.

             (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 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.

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.

      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.

      C. The provisions of this Section shall not apply to disclosure, use, copying, taking, or accessing

by proper means as defined in this Subpart.

 73.3. Offenses against computer equipment or supplies

      A. An offense against computer equipment or supplies is the intentional modification or

destruction, without consent, of computer equipment or supplies used or intended to be used in a

computer, computer system, or computer network.

      B.     (1) Whoever commits an offense against computer equipment or supplies shall be fined not

more than five hundred dollars, or be imprisoned for not more than six months, or both.(2)

However, when the damage or loss amounts to a value of five hundred dollars or more, the offender may

be fined not more than ten thousand dollars, or imprisoned with or without hard labor, for not more than

five years, or both.

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.

      B.     (1) Whoever commits an offense against computer users shall be fined not more than five

hundred dollars, or be 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

      A. Computer fraud is the accessing or causing to be accessed of any computer, computer system,

computer network, or any part thereof with the intent to:

             (1) Defraud; or

             (2) Obtain money, property, or services by means of false or fraudulent conduct, practices,

or representations, or through the fraudulent alteration, deletion, or insertion of programs or data.

      B. Whoever commits computer fraud shall be fined not more than ten thousand dollars, or

imprisoned with or without hard labor for not more than five years, or both.


MAINE

TITLE 17-A.  CRIMINAL CODE

CHAPTER 18.  COMPUTER CRIMES

    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.

 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.

       2. Criminal invasion of computer privacy is a Class D crime.

   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.

      2. Aggravated criminal invasion of computer privacy is a Class C crime.


MARYLAND

ARTICLE 27.  CRIMES AND PUNISHMENTS

CRIMES AND PUNISHMENTS

CREDIT CARD OFFENSES

146. Unauthorized access to computers prohibited

(a) Definitions. -- 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 system, 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.

      (b) Other applicable Code provisions. -- This section does not preclude the applicability of any other

provision of this Code.

      (c) Illegal access. --

             (1) 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.

      (d) Penalty. --

             (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.

             (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.

       (e) Scope of offenses; jurisdiction. --

             (1) When illegal access to a computer, computer network, computer control language,

computer system, computer services, computer software, 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.

             (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.

                                  COUNTERFEITING AND FORGERY

       45A. False entry in public record; altering, defacing, destroying, removing or concealing public

record; accessing public records

             (a) For the purposes of this section, the following words have the meanings indicated.

                   (1) "Public record" includes all official books, papers, or records whether kept on

a manual or automated basis, which are created, received, or used by the State or any agency thereof, a

bicounty or a multicounty agency, any county, municipality, or other political subdivision.

                   (2) "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.

             (b) It is unlawful for a person to do or attempt to do the following:

                   (1) Wilfully make a false entry in any public records;

                   (2) Except under proper authority, wilfully alter, deface, destroy, remove, or

conceal any public record; or

                   (3) Except under proper authority, wilfully and intentionally access public records.

             (c) Any person who violates this section is guilty of a misdemeanor and may be imprisoned

up to 3 years or fined up to $1,000, or both.


MASSACHUSETTS

PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES

TITLE I. CRIMES AND PUNISHMENTS

CHAPTER 26

 33A. Fraudulent Obtaining of Commercial Computer Service; Penalty.

Whoever, with intent to defraud, obtains, or attempts to obtain, or aids or abets another in

obtaining, any commercial computer service by false representation, false statement, unauthorized charging

to the account of another, by installing or tampering with any facilities or equipment or by any other

means, shall be punished by imprisonment in the house of correction for not more than two and one-half

years or by a fine of not more than three thousand dollars, or both.  As used in this section, the words

"commercial computer service" shall mean the use of computers, computer systems, computer programs

or computer networks, or the access to or copying of the data, where such use, access or copying is offered

by the proprietor or operator of the computer, system, program, network or data to others on a

subscription or other basis for monetary consideration.

                               1994 REGULAR SESSION                                      CHAPTER 168

                   SENATE BILL NO. 747

       Be it enacted by the Senate and House of Representatives in General Court assembled, and by

the authority of the same, as follows:

       SECTION 1. Chapter 233 of the General Laws is hereby amended by inserting after section 79J

the following section:--

              Section 79K. A duplicate of a computer data file or program file shall be admissible in

evidence as the original itself unless (1) a genuine question is raised as to the authenticity of the original

or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.

   For the purposes of this section, if data is stored in a computer or similar device, any printout or other

output readable by sight, shown to reflect the data accurately, shall be an original.

   A "duplicate of a computer data file or program file" shall mean a file produced by the same impression

as the original, or from the same matrix, or by mechanical or electronic recording, in the normal way such

a duplicate is produced on a computer, or by other equivalent techniques that accurately reproduce the

original.

       SECTION 2. Chapter 266 of the General Laws is hereby amended by inserting after section 33

the following section:--

   Section 33A. Whoever, with intent to defraud, obtains, or attempts to obtain, or aids or abets another

in obtaining, any commercial computer service by false representation, false statement, unauthorized

charging to the account of another, by installing or tampering with any facilities or equipment or by any

other means, shall be punished by imprisonment in the house of correction for not more than two and

one-half years or by a fine of not more than three thousand dollars, or both.  As used in this section, the

words "commercial computer service" shall mean the use of computers, computer systems, computer

programs or computer networks, or the access to or copying of the data, where such use, access or copying

is offered by the proprietor or operator of the computer, system, program, network or data to others on

a subscription or other basis for monetary consideration.

       SECTION 3. Said chapter 266 is hereby further amended by inserting after section 120E, inserted

by chapter 218 of the acts of 1993, the following section:--

             Section 120F. Whoever, without authorization, knowingly accesses a computer system by

any means, or after gaining access to a computer system by any means knows that such access is not

authorized and fails to terminate such access, shall be punished by imprisonment in the house of correction

for not more than thirty days or by a fine of not more than one thousand dollars, or both.

   The requirement of a password or other authentication to gain access shall constitute notice that access

is limited to authorized users.

      SECTION 4. Section 127 of said chapter 266, as appearing in the 1992 Official Edition, is hereby

amended by adding the following sentence:--

   The words "personal property", as used in this section, shall also include electronically processed or

stored data, either tangible or intangible, and data while in transit.

      SECTION 5. Chapter 277 of the General Laws is hereby amended by inserting after section 58A

the following section:--

   Section 58A 1/2. The crimes described in sections thirty-three A and one hundred and twenty F of

chapter two hundred and sixty-six and section one hundred and twenty-seven of said chapter two hundred

and sixty-six when the personal property involved is electronically processed or stored data, either tangible

or intangible, and data while in transit, may be prosecuted and punished in any county where the

defendant was physically located at the time of the violation, or where the electronic data was physically

located at the time of the violation.

       PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES

                                                              TITLE I. CRIMES AND PUNISHMENTS

                                                            CHAPTER 266. Crimes against Property

120F. Unauthorized Accessing of Computer Systems; Penalty; Password Requirement as Notice.

      Whoever, without authorization, knowingly accesses a computer system by any means, or after

gaining access to a computer system by any means knows that such access is not authorized and fails to

terminate such access, shall be punished by imprisonment in the house of correction for not more than

thirty days or by a fine of not more than one thousand dollars, or both.

   The requirement of a password or other authentication to gain access shall constitute notice that access

is limited to authorized users.


MICHIGAN

TITLE 28.  CRIMES

PART TWO.  SUBSTANTIVE CRIMINAL LAW

CHAPTER 286a.  PENAL CODE

CHAPTER XLIII.  FRAUDS AND CHEATS

Fraudulent Access to Computers, Computer Systems and Networks

MCL 752.791  Meanings of terms.

      Sec. 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.

MCL 752.792  Definitions.

             Sec. 2. (1) "Access" means to approach, instruct, communicate with, store data in, retrieve

data from, or otherwise use the resources of, a computer, a 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.

MCL 752.793  Property, services, definitions.

       Sec. 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.

 MCL 752.794   Access to computers, systems or networks, fraudulent purposes, prohibitions.

      Sec. 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.

MCL 752.795  Alteration, damage or destruction, computer, system or network, computer software

program or data, prohibition.

      Sec. 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.

MCL 752.796  Other prohibited acts, violations.

      Sec. 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.

 MCL 752.797  Violations of act, penalties.

      Sec. 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.


MINNESOTA

CHAPTER 609 CRIMINAL CODE

CRIMES AGAINST COMMERCE

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. 2a.  Authorization.  "Authorization" means with the permission of the owner of the computer,

computer system, computer network, computer software, or other property.  Authorization may be limited

by the owner by:

             (1) giving the user actual notice orally or in writing;

             (2) posting a written notice in a prominent location adjacent to the computer being used;

or

             (3) using a notice displayed on or announced by the computer being used.

      Subd. 3.  Computer.  "Computer" means an electronic device which performs logical, arithmetic or

memory functions by the manipulations of signals, including but not limited to electronic or magnetic

impulses.

      Subd. 4.  Computer system.  "Computer system" means related, connected or unconnected,

computers and peripheral equipment.

      Subd. 5.  Computer network.  "Computer network" means the interconnection of a communication

system with a computer through a remote terminal, or with two or more interconnected computers or

computer systems, and includes private and public telecommunications networks.

      Subd. 6.  Property.  "Property" includes, but is not limited to, electronically processed or produced

data and information contained in a computer or computer software in either machine or human readable

form.

      Subd. 7.  Services.  "Services" includes but is not limited to, computer time, data processing, and

storage functions.

      Subd. 8.  Computer program.  "Computer program" means an instruction or statement or a series

of instructions or statements, in a form acceptable to a computer, which directs the functioning of a

computer system in a manner designed to provide appropriate products from the computer.

                                  Subd. 9.  Computer software.  "Computer software" means a

computer program or procedures, or associated documentation concerned with the operation of a computer.

      Subd. 10.  Loss.  "Loss" means the greatest of the following:

             (a) the retail market value of the property or services involved;

             (b) the reasonable repair or replacement cost, whichever is less; or

             (c) the reasonable value of the damage created by the unavailability or lack of utility of

the property or services involved until repair or replacement can be effected.

      Subd. 11.  Computer security system.  "Computer security system" means a software program or

computer device that:

             (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.

609.88 Computer damage

      Subdivision 1.  Acts.  Whoever does any of the following is guilty of computer damage and may be

sentenced as provided in subdivision 2:

             (a) Intentionally and without authorization damages or destroys any computer, computer

system, computer network, computer software, or any other property specifically defined in section 609.87,

subdivision 6;

             (b) Intentionally and without authorization or with intent to injure or defraud alters any

computer, computer system, computer network, computer software, or any other property specifically

defined in section 609.87, subdivision 6; or

             (c) Distributes a destructive computer program, without authorization and with intent to

damage or destroy any computer, computer system, computer network, computer software, or any other

property specifically defined in section 609.87, subdivision 6.

      Subd. 2.  Penalty.  Whoever commits computer damage may be sentenced as follows:

             (a) To imprisonment for not more than ten years or to payment of a fine of not more than

$ 50,000, or both, if the damage, destruction or alteration results in a loss in excess of $ 2,500, to the

owner, or the owner's agent, or lessee;

             (b) To imprisonment for not more than five years or to payment of a fine of not more than

$ 10,000, or both, if the damage, destruction or alteration results in a loss of more than $ 500, but not

more than $ 2,500 to the owner, or the owner's agent or lessee; or

             (c) In all other cases to imprisonment for not more than 90 days or to payment of a fine

of not more than $ 700, or both.

 270B.18 Criminal penalties

      Subdivision 1.  Unauthorized willful disclosure.  A person willfully making a disclosure not

authorized by this chapter is guilty of a gross misdemeanor.

      Subd. 2.  Unauthorized computer data access.  In addition to the computer crimes provided in

sections 609.87 to 609.89, a person who intentionally and without authority attempts to or does penetrate

property or a computer program or programs, as defined in section 609.87, containing department of

revenue data, is guilty of a gross misdemeanor.

      Subd. 3.  Public employee violations.  A willful violation of this chapter by a public employee

constitutes just cause for suspension without pay or dismissal of the public employee.

609.89 Computer theft

      Subdivision 1.  Acts.  Whoever does any of the following is guilty of computer theft and may be

sentenced as provided in subdivision 2:

             (a) Intentionally and without authorization or claim of right accesses or causes to be

accessed any computer, computer system, computer network or any part thereof for the purpose of

obtaining services or property; or

             (b) Intentionally and without claim of right, and with intent to deprive the owner of use

or possession, takes, transfers, conceals or retains possession of any computer, computer system, or any

computer software or data contained in a computer, computer system, or computer network.

      Subd. 2.  Penalty.  Anyone who commits computer theft may be sentenced as follows:

             (a) To imprisonment for not more than ten years or to payment of a fine of not more than

$ 50,000, or both, if the loss to the owner, or the owner's agent, or lessee is in excess of $ 2,500; or

             (b) To imprisonment for not more than five years or to payment of a fine of not more than

$ 10,000, or both, if the loss to the owner, or the owner's agent, or lessee is more than $ 500 but not more

than $ 2,500; or

             (c) In all other cases to imprisonment for not more than 90 days or to payment of a fine

of not more than $ 700, or both.

609.8911 Reporting violations

      A person who has reason to believe that any provision of section 609.88, 609.89, or 609.891 is being

or has been violated shall report the suspected violation to the prosecuting authority in the county in which

all or part of the suspected violation occurred.  A person who makes a report under this section is immune

from any criminal or civil liability that otherwise might result from the person's action, if the person is

acting in good faith.


MISSISSIPPI

TITLE 97  CRIMES

CHAPTER 45

Computer Crimes

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 instrument" means any check, draft, money order, certificate of deposit,

letter of credit, bill of exchange, credit card as defined in Section 97-19-9(b), Mississippi Code of 1972, or

marketable security.                                                 (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 by

"reverse engineering"; that is, by starting with the known product and working backward to find the

method by which it was developed. The acquisition of the known product must be by lawful means;

             (iii) Discovery under license or authority of the owner;      (iv)

Observation of the property in public use or on public display; or   (v) Discovery in

published literature.

             (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.

97-45-3.  Computer fraud; penalties.

      (1) Computer fraud is the accessing or causing to be accessed of any computer, computer system,

computer network, or any part thereof with the intent to:

             (a) Defraud; 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.

      (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; penalties.

      (1) An offense against computer users is the intentional:

             (a) Denial to an authorized user, without consent, of the full and effective use of or access

to a computer, a computer system, a computer network or computer services; or

             (b) Use or disclosure to another, without consent, of the numbers, codes, passwords or

other means of access to a computer, a computer system, a computer network or computer services.

      (2) Whoever commits an offense against computer users shall be punished, upon conviction, by a

fine of not more than One Thousand Dollars ($ 1,000.00), or by imprisonment for not more than six (6)

months, or by both such fine and imprisonment.  However, when the damage or loss amounts to a value

of One Hundred Dollars ($ 100.00) or more, the offender may be punished, upon conviction, by a fine of

not more than Ten Thousand Dollars ($ 10,000.00), or imprisonment for not more than five (5) years, or

by both such fine and imprisonment.

 97-45-7.  Offense against computer equipment; penalties.

      (1) An offense against computer equipment or supplies is the intentional modification or

destruction, without consent, of computer equipment or supplies used or intended to be used in a

computer, computer system or computer network.

      (2) Whoever commits an offense against computer equipment or supplies shall be punished, upon

conviction, by a fine of not more than One Thousand Dollars ($ 1,000.00), or by imprisonment for not more

than six months or both such fine and imprisonment.  However, when the damage or loss amounts to a

value of One Hundred Dollars ($ 100.00) or more, the offender may be punished, upon conviction, by a fine

of not more than Ten Thousand Dollars ($ 10,000.00) or by imprisonment for not more than five (5) years,

or by both such fine and imprisonment.

  97-45-9.  Offense against intellectual property; penalties.

      (1) An offense against intellectual property is the intentional:(a) Destruction,

insertion or modification, without consent, of intellectual property; or

             (b) Disclosure, use, copying, taking or accessing, without consent, of intellectual property.

      (2) Whoever commits an offense against intellectual property shall be punished, upon conviction,

by a fine of not more than One Thousand Dollars ($ 1,000.00), or by imprisonment for not more than six

(6) months, or by both such fine and imprisonment.  However, when the damage or loss amounts to a

value of One Hundred Dollars ($ 100.00) or more, the offender may be punished, upon conviction, by a fine

of not more than Ten Thousand Dollars ($ 10,000.00) or by imprisonment for not more than five (5) years,

or by both such fine and imprisonment.

      (3) The provisions of this section shall not apply to the disclosure, use, copying, taking, or accessing

by proper means as defined in this chapter.

  97-45-11.  Venue.

      For the purposes of venue under the provisions of this chapter, any violation of this chapter shall

be considered to have been committed:

             (a) In any county in which any act was performed in furtherance of any transaction

violating this chapter; and

             (b) In any county from which, to which or through which any access to a computer,

computer system or computer network was made, whether by wire, electromagnetic waves, microwaves

or any other means of communication.

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.


MISSOURI

TITLE XXXVIII.  CRIMES AND PUNISHMENT;

PEACE OFFICERS AND PUBLIC DEFENDERS

CHAPTER 569.  ROBBERY, ARSON, BURGLARY AND RELATED OFFENSES

569.093. Definitions

As used in sections 569.094 to 569.099 and in section 537.525 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 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.

 569.094. Computer printouts used as evidence, when

      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.

569.095. Tampering with computer data, penalties

      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 assess

to the computer system or network;

             (5) Accesses a computer, a computer system, or a computer network, and intentionally

examines information about another person;

             (6) Receives, retains, uses, or discloses any data he knows or believes was obtained in

violation of this subsection.

      2. Tampering with computer data is a class A misdemeanor, unless the offense is committed for

the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, the value

of which is one hundred fifty dollars or more, in which case tampering with computer data is a class D

felony.

569.097. Tampering with computer equipment, penalties

      1. A person commits the crime of tampering with computer equipment if he knowingly and without

authorization or without reasonable grounds to believe that he has such authorization:

             (1) Modifies, destroys, damages, or takes equipment or data storage devices used or

intended to be used in a computer, computer system, or computer network; or

             (2) Modifies, destroys, damages, or takes any computer, computer system, or computer

network.

      2. Tampering with computer equipment is a class A misdemeanor, unless:

             (1) The offense is committed for the purpose of executing any scheme or artifice to defraud

or obtain any property, the value of which is 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 class C felony.

569.099. Tampering with computer users, penalties

      1. A person commits the crime of tampering with computer users if he knowingly and without

authorization or without reasonable grounds to believe that he has such authorization:

             (1) Accesses or causes to be accessed any computer, computer system, or computer

network; or

             (2) Denies or causes the denial of computer system services to an authorized user of such

computer system services, which, in whole or in part, is owned by, under contract to, or operated for, or

on behalf of, or in conjunction with another.

      2. The offense of tampering with computer users is a class A misdemeanor unless the offense is

committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any

property, the value of which is one hundred fifty dollars or more, in which case tampering with computer

users is a class D felony.


MONTANA

TITLE 45  CRIMES

CHAPTER 6  OFFENSES AGAINST PROPERTY

Part 3  Theft and Related Offenses

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.

45-6-311.  Unlawful use of a computer

      (1) A person commits the offense of unlawful use of a computer if the person knowingly or

purposely:

             (a) obtains the use of any computer, computer system, or computer network without

consent of the owner;

             (b) alters or destroys or causes another to alter or destroy a computer program or

computer software without consent of the owner; or

             (c) obtains the use of or alters or destroys a computer, computer system, computer

network, or any part thereof as part of a deception for the purpose of obtaining money, property, or

computer services from the owner of the computer, computer system, computer network, or part thereof

or from any other person.

      (2) A person convicted of the offense of unlawful use of a computer involving property not

exceeding $500 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 $500 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.


NORTH CAROLINA

CHAPTER 14. CRIMINAL LAW

SUBCHAPTER XI.  GENERAL POLICE REGULATIONS

ARTICLE 60.  COMPUTER-RELATED CRIME

 14-453. Definitions

As used in this Article, unless the context clearly requires otherwise, the following terms have the

meanings specified:

             (1) "Access" means to instruct, communicate with, cause input, cause output, cause data

processing, or otherwise make use of any resources of a computer, computer system, or computer network.

                   (1a) "Authorization" means having the consent or permission of the owner, or of

the person licensed or authorized by the owner to grant consent or permission to access a computer,

computer system, or computer network in a manner not exceeding the consent or permission.

             (2) "Computer" means an internally programmed, automatic device that performs data

processing or telephone switching.

             (3) "Computer network" means the interconnection of communication systems with a

computer through remote terminals, or a complex consisting of two or more interconnected computers or

telephone switching equipment.

             (4) "Computer program" means an ordered set of data that are coded instructions or

statements that when executed by a computer cause the computer to process data.

             (5) "Computer software" means a set of computer programs, procedures and associated

documentation concerned with the operation of a computer, computer system, or computer network.

             (6) "Computer system" means at least one computer together with a set of related,

connected, or unconnected peripheral devices.

                   (6a) "Data" means a representation of information, facts, knowledge, concepts, or

instructions prepared in a formalized or other manner and intended for use in a computer, computer

system, or computer network. Data may be embodied in any form including, but not limited to, computer

printouts, magnetic storage media, and punch cards, or may be stored internally in the memory of a

computer.

             (7) "Financial instrument" includes any check, draft, money order, certificate of deposit,

letter of credit, bill of exchange, credit card or marketable security, or any electronic data processing

representation thereof.

             (8) "Property" includes financial instruments, information, including electronically processed

or produced data, and computer software and computer programs in either machine or human readable

form, and any other tangible or intangible item of value.

                   (8a) "Resource" includes peripheral devices, computer software, computer programs,

and data, and means to be a part of a computer, computer system, or computer network.

             (9) "Services" includes computer time, data processing and storage functions.

 14-454. Accessing computers

      (a) It is unlawful to willfully, directly or indirectly, access or cause 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 a person, by means of false or

fraudulent pretenses, representations or promises.

   A violation of this subsection is a Class G felony if the fraudulent scheme or artifice results in damage

of more than one thousand dollars ($1,000), or if the property or services obtained are worth more than

one thousand dollars ($1,000). Any other violation of this subsection is a Class 1 misdemeanor.

      (b) Any person who willfully and without authorization, directly or indirectly, accesses or causes

to be accessed any computer, computer system, or computer network for any purpose other than those

set forth in subsection (a) above, is guilty of a Class 1 misdemeanor.

      (c) For the purpose of this section, the term "accessing or causing to be accessed" includes

introducing, directly or indirectly, a computer program (including a self-replicating or a self-propagating

computer program) into a computer, computer system, or computer network.

  14-455.  Damaging computers, computer systems, computer networks, and resources

      (a) It is unlawful to willfully and without authorization alter, damage, or destroy a computer,

computer system, computer network, or any part thereof. A violation of this subsection is a Class G felony

if the damage caused by the alteration, damage, or destruction is more than one thousand dollars ($1,000).

Any other violation of this subsection is a Class 1 misdemeanor.

   Class 1

      (b) This section applies to alteration, damage, or destruction effectuated by introducing, directly

or indirectly, a computer program (including a self-replicating or a self-propagating computer program) into

a computer, computer system, or computer network.

  14-456.  Denial of computer services to an authorized user

      (a) Any person who willfully and without authorization denies or causes the denial of computer,

computer system, or computer network services to an authorized user of the computer, computer system,

or computer network services is guilty of a Class 1 misdemeanor.

      (b) This section also applies to denial of services effectuated by introducing, directly or indirectly,

a computer program (including a self-replicating or a self-propagating computer program) into a computer,

computer system, or computer network.

 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.


NORTH DAKOTA

TITLE  12.1.  CRIMINAL CODE

CHAPTER 12.1-06.1.  RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

 12.1-06.1-08.  Computer fraud -- Computer crime --

Classification -- Penalty.

1. A person commits computer fraud by gaining or attempting to gain      access to, altering,

damaging, modifying, copying, disclosing, taking      possession of, or destroying any computer, computer

system, computer      network, or any part of 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 or fraudulent

pretenses, representations, or promises. A person who commits      computer fraud is guilty of a class C

felony.

      2. A person commits computer crime by intentionally and either in excess      of authorization given

or without authorization gaining or attempting      to gain access to, altering, damaging, modifying, copying,

    disclosing, taking possession of, 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.


NEBRASKA

CHAPTER 28  CRIMES AND PUNISHMENTS

ARTICLE 13  MISCELLANEOUS OFFENSES

 (p)  COMPUTERS

28-1341. Act, how cited

Sections 28-1341 to 28-1348 shall be known and may be cited as the Computer Crimes Act.

 28-1343. Terms, defined

      For purposes of the Computer Crimes Act:

             (1) Access shall mean to instruct, communicate with, store data in, retrieve data from, or

otherwise use the resources of a computer, computer system, or computer network;

             (2) Computer shall mean a high-speed data processing device or system which performs

logical, arithmetic, data storage and retrieval, communication, memory, or control functions by the

manipulation of signals, including, but not limited to, electronic or magnetic impulses, and shall include any

input, output, data storage, processing, or communication facilities directly related to or operating in

conjunction with any such device or system;

             (3) Computer network shall mean the interconnection of a communications system with

a computer through a remote terminal or with two or more interconnected computers or computer

systems;

             (4) Computer program shall mean an instruction or statement or a series of instructions

or statements in a form acceptable to a computer which directs the functioning of a computer system in

a manner designed to provide appropriate products from the computer;

             (5) Computer security system shall mean a computer program or device that:

                   (a) Is intended to protect the confidentiality and secrecy of data and information

stored in or accessible through the computer system; and

                   (b) Displays a conspicuous warning to a user that the user is entering a secure

system or requires a person seeking access to knowingly respond by use of an authorized code to the

program or device in order to gain access;

             (6) Computer software shall mean a computer program of procedures or associated

documentation concerned with the operation of a computer;

             (7) Computer system shall mean related computers and peripheral equipment, whether

connected or unconnected;

             (8) Data shall mean a representation of information, facts, knowledge, concepts, or

instructions prepared in a formalized or other manner and intended for use in a computer or computer

network;

             (9) Destructive computer program shall mean a computer program that performs a

destructive function or produces a destructive product;

                               (10) Destructive functionshall mean a function that (a)  degrades

the performance of acomputer, its associated peripheral equipment, or a computer program, (b) disables

a computer, its associated peripheral equipment, or a computer program, or (c) alters a computer program

or data;

             (11) Destructive product shall mean a product that: (a) Produces unauthorized data,

including data that make computer memory space unavailable; (b) results in the unauthorized alteration

of data or a computer program; or (c) produces a destructive computer program, including, but not limited

to, a self-replicating program;

             (12) Loss shall mean the greatest of the following:

                   (a) The retail market value of the property or services involved;

                   (b) The reasonable repair or replacement cost whichever is less; or

                   (c) The reasonable value of the damage created by the unavailability or lack of

utility of the property or services involved until repair or replacement can be effected;

             (13) Property shall include, but not be limited to, electronically processed or electronically

produced data and information in computer software whether in human or computer readable form; and

             (14) Services shall include, but not be limited to, computer time, data processing, and

storage functions.

28-1343.01. Unauthorized computer access; penalty

      (1) A person commits the offense of unauthorized computer access if the person intentionally and

without authority penetrates a computer security system.

      (2) A person who violates subsection (1) of this section in a manner that creates a grave risk of

causing the death of a person shall be guilty of a Class IV felony.

      (3) A person who violates subsection (1) of this section in a manner that creates a risk to public

health and safety shall be guilty of a Class I misdemeanor.

      (4) A person who violates subsection (1) of this section in a manner that compromises the security

of data shall be guilty of a Class II misdemeanor.

 28-1344. Unlawful acts; depriving or obtaining property or services; penalties

      Any person who intentionally accesses or causes to be accessed, directly or indirectly, any

computer, computer system, computer software, or computer network without authorization or who,

having accessed any computer, computer system, computer software, or computer network with

authorization, knowingly and intentionally exceeds the limits of such authorization shall be guilty of a Class

IV felony if he or she intentionally: (1) Deprives another of property or services; or (2) obtains property

or services of another, except that any person who obtains property or services or deprives another of

property or services with a value of one thousand dollars or more by such conduct shall be guilty of a Class

III felony.

 28-1345. Unlawful acts; harming or disrupting operations; penalties

      Any person who accesses or causes to be accessed any computer, computer system, computer

software, or computer network without authorization or who, having accessed any computer, computer

system, computer software, or computer network with authorization, knowingly and intentionally exceeds

the limits of such authorization shall be guilty of a Class IV felony if he or she intentionally: (1) Alters,

damages, deletes, or destroys any computer, computer system, computer software, computer network,

computer program, data, or other property; (2) disrupts the operation of any computer, computer system,

computer software, or computer network; or (3) distributes a destructive computer program with intent

to damage or destroy any computer, computer system, computer network, or computer software, except

that any person who causes loss with a value of one thousand dollars or more by such conduct shall be

guilty of a Class III felony.

28-1346. Unlawful acts; obtaining confidential public information; penalties

      Any person who intentionally accesses or causes to be accessed any computer, computer system,

computer software, or computer network without authorization, or who, having accessed a computer,

computer system, computer software, or computer network with authorization, knowingly and intentionally

exceeds the limits of such authorization, and thereby obtains information filed by the public with the state

or any political subdivision which is by statute required to be kept confidential shall be guilty of a Class

II misdemeanor. For any second or subsequent offense under this section, such person shall be guilty of

a Class I misdemeanor.

 28-1347. Unlawful acts; access without authorization; exceeding authorization; penalties

      Any person who intentionally accesses any computer, computer system, computer software,

computer network, computer program, or data without authorization and with knowledge that such access

was not authorized or who, having accessed any computer, computer system, computer software, computer

network, computer program, or data with authorization, knowingly and intentionally exceeds the limits of

such authorization shall be guilty of a Class V misdemeanor. For any second or subsequent offense under

this section, such person shall be guilty of a Class II misdemeanor.

28-1348. Act, how construed

      The Computer Crimes Act shall not be construed to preclude the applicability of any other

provision of the Nebraska Criminal Code which may apply to any transaction described in the Computer

Crimes Act.


NEVADA

TITLE 15. CRIMES AND PUNISHMENTS

CHAPTER 205.  CRIMES AGAINST PROPERTY

UNLAWFUL ACTS REGARDING COMPUTERS

205.473. Definitions

As used in  205.473 to 205.491, inclusive, unless the context otherwise requires, the words and

terms defined in  205.4732 to 205.476, inclusive, have the meanings ascribed to them in those sections.

205.4732. "Access" defined

      "Access" means to intercept, instruct, communicate with, store data in, retrieve from or otherwise

make use of any resources of a computer, network or data.

 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.

 205.4765. Unlawful acts: Generally

      1. Except as otherwise provided in subsection 5, a person who knowingly, willingly and without

authorization:

             (a) Modifies;

             (b) Damages;

             (c) Destroys;

             (d) Discloses;

             (e) Uses;

             (f) Transfers;

             (g) Conceals;

             (h) Takes;

             (i) Retains possession of;

             (j) Copies;

             (k) Obtains or attempts to obtain access to, permits access to or causes to be accessed; or

             ( l) Enters,   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 5, a person who knowingly, willingly and without

authorization:

             (a) Modifies;

             (b) Destroys;

             (c) Uses;

             (d) Takes;

             (e) Damages;

             (f) Transfers;

             (g) Conceals;

             (h) Copies;

             (i) Retains possession of; or

             (j) Obtains or attempts to obtain access to, permits access to or causes to be accessed,

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 5, a person who knowingly, willingly and without

authorization:

             (a) Destroys;

             (b) Damages;

             (c) Takes;

             (d) Alters;

             (e) Transfers;

             (f) Discloses;

             (g) Conceals;

             (h) Copies;

             (i) Uses;

             (j) Retains possession of; or

             (k) Obtains or attempts to obtain access to, permits access to or causes to be accessed,

a computer, system or network is guilty of a misdemeanor.

      4. Except as otherwise provided in subsection 5, a person who knowingly, willingly and without

authorization:

             (a) Obtains and discloses;

             (b) Publishes;

             (c) Transfers; or

             (d) Uses,   a device used to access a computer, network or data is guilty of a misdemeanor.

      5. If the violation of any provision of this section:

             (a) Was committed to devise or execute a scheme to defraud or illegally obtain property;

             (b) Caused 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 interference with or denial of access or use; unlawful use

      1. Except as otherwise provided in subsection 3, a person who knowingly, willfully and without

authorization interferes with, denies or causes the denial of access to or 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.

205.480. Transferred

 205.481. Forgery by creation, alteration or deletion of data

      A person who knowingly, willfully and without authorization creates, alters or deletes any data

contained in any computer, system or network which, if done on a written or printed document or

instrument, would constitute forgery pursuant to  205.090 or 205.095, is guilty of forgery and shall be

punished as provided in  205.090.

205.485. Presumption of authority of employee

      An employee is presumed to have the authority to access and use any computer, network,

supporting documents, program or data owned or operated by his employer unless the presumption is

overcome by clear and convincing evidence to the contrary.

 205.490. Transferred

 205.491. Enforcement of provisions

      1. If it appears that a person has engaged in or is about to engage in any act or practice which

violates any provisions of NRS 205.473 to 205.485, inclusive, the attorney general or the appropriate

district attorney may file an action in any court of competent jurisdiction to prevent the occurrence or

continuance of that act or practice.

      2. An injunction:

             (a) May be issued without proof of actual damage sustained by any person.

             (b). Does not preclude the criminal prosecution and punishment of a violator.


NEW HAMPSHIRE

TITLE  LXII.  CRIMINAL CODE

CHAPTER 638.  FRAUD

COMPUTER CRIME

638:16.  Computer Crime; 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.

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.  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.

      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 system 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) of 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.

 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  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  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 thereto cannot be

satisfactorily ascertained, the value shall be deemed to be $ 250.

638:19.  Venue

      I.  In any prosecution for a violation of  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  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 offenses prohibited by  638:17 occurs in this state

or if any computer system or part thereof accessed in violation of  638:17 is located in this state, the

offense shall be deemed to have occurred in this state.


NEW YORK

PENAL LAW

PART THREE  Specific Offenses

TITLE J  Offenses Involving Theft

ARTICLE 156  Offenses Involving Computers; Definition of Terms

 156.00.  Offenses involving computers; definition of erms

The following definitions are applicable to this chapter except where different meanings are

expressly specified:

             1. "Computer" means a device or group of devices which, by manipulation of electronic,

magnetic, optical or electrochemical impulses, pursuant to a computer program, can automatically perform

arithmetic, logical, storage or retrieval operations with or on computer data, and includes any connected

or directly related device, equipment or facility which enables such computer to store, retrieve or

communicate to or from a person, another computer or another device the results of computer operations,

computer programs or computer data.

             2. "Computer program" is property and means an ordered set of data representing coded

instructions or statements that, when executed by computer, cause the computer to process data or direct

the computer to perform one or more computer operations or both and may be in any form, including

magnetic storage media, punched cards, or stored internally in the memory of the computer.

             3. "Computer data" is property and means a representation of information, knowledge,

facts, concepts or instructions which are being processed, or have been processed in a computer and may

be in any form, including magnetic storage media, punched cards, or stored internally in the memory of

the computer.

             4. "Computer service" means any and all services provided by or through the facilities of

any computer communication system allowing the input, output, examination, or transfer, of computer data

or computer programs from one computer to another.

             5. "Computer material" is property and means any computer data or computer program

which:

                   (a) contains records of the medical history or medical treatment of an identified

or readily identifiable individual or individuals. This term shall not apply to the gaining access to or

duplication solely of the medical history or medical treatment records of a person by that person or by

another specifically authorized by the person whose records are gained access to or duplicated; or

                   (b) contains records maintained by the state or any political subdivision thereof

or any governmental instrumentality within the state which contains any information concerning a person,

as defined in subdivision seven of section 10.00 of this chapter, which because of name, number, symbol,

mark or other identifier, can be used to identify the person and which is otherwise prohibited by law from

being disclosed. This term shall not apply to the gaining access to or duplication solely of records of a

person by that person or by another specifically authorized by the person whose records are gained access

to or duplicated; or

                   (c) is not and is not intended to be available to anyone other than the person or

persons rightfully in possession thereof or selected persons having access thereto with his or their consent

and which accords or may accord such rightful possessors an advantage over competitors or other persons

who do not have knowledge or the benefit thereof.

             6. "Uses a computer or computer service without authorization" means the use of a

computer or computer service without the permission of, or in excess of the permission of, the owner or

lessor or someone licensed or privileged by the owner or lessor after notice to that effect to the user of

the computer or computer service has been given by:

                   (a) giving actual notice in writing or orally to the user; or

                   (b) prominently posting written notice adjacent to the computer being utilized by

the user; or

                   (c) a notice that is displayed on, printed out on or announced by the computer

being utilized by the user. Proof that the computer is programmed to automatically display, print or

announce such notice or a notice prohibiting copying, reproduction or duplication shall be presumptive

evidence that such notice was displayed, printed or announced.

             7. "Felony" as used in this article means any felony defined in the laws of this state or any

offense defined in the laws of any other jurisdiction for which a sentence to a term of imprisonment in

excess of one year is authorized in this state.

156.05.  Unauthorized use of a computer

      A person is guilty of unauthorized use of a computer when he knowingly uses or causes to be used

a computer or computer service without authorization and the computer utilized is equipped or

programmed with any device or coding system, a function of which is to prevent the unauthorized use of

said computer or computer system.

   Unauthorized use of a computer is a class A misdemeanor.

 156.10.  Computer trespass

      A person is guilty of computer trespass when he knowingly uses or causes to be used a computer

or computer service without authorization and:

             1. he does so with an intent to commit or attempt to commit or further the commission

of any felony; or

             2. he thereby knowingly gains access to computer material. Computer trespass is a class

E felony.

156.20.  Computer tampering in the fourth degree

      A person is guilty of computer tampering in the fourth degree when he uses or causes to be used

a computer or computer service and having no right to do so he intentionally alters in any manner or

destroys computer data or a computer program of another person.

   Computer tampering in the fourth degree is a class A misdemeanor.

 156.25.  Computer tampering in the third degree

      A person is guilty of computer tampering in the third degree when he commits the crime of

computer tampering in the fourth degree and:

             1. he does so with an intent to commit or attempt to commit or further the commission

of any felony; or

             2. he has been previously convicted of any crime under this article or subdivision 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

so as to cause damages in an aggregate amount exceeding one thousand dollars.

   Computer tampering in the third degree is a class E felony.

 156.26.  Computer tampering in the second degree

      A person is guilty of computer tampering in the second degree when he commits the crime of

computer tampering in the fourth degree and he intentionally alters in any manner or destroys computer

data or a computer program so as to cause damages in an aggregate amount exceeding three thousand

dollars.

   Computer tampering in the second degree is a class D felony.

156.27.  Computer tampering in the first degree

      A person is guilty of computer tampering in the first degree when he commits the crime of

computer tampering in the fourth degree and he intentionally alters in any manner or destroys computer

data or a computer program so as to cause damages in an aggregate amount exceeding fifty thousand

dollars.

   Computer tampering in the first degree is a class C felony.

 156.30.  Unlawful duplication of computer related material

      A person is guilty of unlawful duplication of computer related material when having no right to do

so, he copies, reproduces or duplicates in any manner:

             1. any computer data or computer program and thereby intentionally and wrongfully

deprives or appropriates from an owner thereof an economic value or benefit in excess of two thousand

five hundred dollars; or

             2. any computer data or computer program with an intent to commit or attempt to commit

or further the commission of any felony.

   Unlawful duplication of computer related material is a class Efelony.

 156.35.  Criminal possession of computer related material

      A person is guilty of criminal possession of computer related material when having no right to do

so, he knowingly possesses, in any form, any copy, reproduction or duplicate of any computer data or

computer program which was copied, reproduced or duplicated in violation of section 156.30 of this article,

with intent to benefit himself or a person other than an owner thereof.

   Criminal possession of computer related material is a class E felony.

156.50.  Offenses involving computers; defenses

      In any prosecution:

             1. under section 156.05 or 156.10 of this article, it shall be a defense that the defendant

had reasonable grounds to believe that he had authorization to use the computer;

             2. under section 156.20, 156.25, 156.26 or 156.27 of this article it shall be a defense that

the defendant had reasonable grounds to believe that he had the right to alter in any manner or destroy

the computer data or the computer program;

             3. under section 156.30 of this article it shall be a defense that the defendant had

reasonable grounds to believe that he had the right to copy, reproduce or duplicate in any manner the

computer data or the computer program.


NEW JERSEY

TITLE 2C

SUBTITLE 2.  DEFINITION OF SPECIFIC OFFENSES

PART 2.  OFFENSES AGAINST PROPERTY

CHAPTER 20.  THEFT AND RELATED OFFENSES

II.  COMPUTER-RELATED CRIMES

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.

2C:20-24.  Value of property or services

      For the purposes of this act, the value of any property or services, including the 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.

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:20-26.  Property or services of $ 75,000 or more; degree of crime

      a. Theft under section 4 of this act 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 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 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 constitutes a disorderly persons offense when 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.

 2C:20-30.  Damage or wrongful access to computer system; no assessable damage; degree of crime

      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; degree of crime

      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 programs, 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; disorderly persons offense

      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 or 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 purposes 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.

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.

2C:20-35.  Definitions

      As used in this act:    "ATP card" means a document issued by a State or federal agency, to a

certified household, to show the food stamp allotment a household is authorized to receive on presentation.

  "Department" means the Department of Human Services.    "Food stamp coupon" means any coupon or

stamp used or intended for use in the purchase of food pursuant to the federal food stamp program, 7

U.S.C. @ 2011 et seq.

2C:20-36.  Prohibited transactions involving food stamp coupons or ATP card of $ 150 or more; crime of

the fourth degree

      If the face value of food stamp coupons or an ATP card is equal to or greater than $ 150, an

individual shall be guilty of a crime of the fourth degree if he purposely or knowingly and without

authorization:    a. Receives or uses the proceeds of food stamp coupons or an ATP card for which he has

not applied or has not been approved by the department to use;    b. Engages in any transaction to convert

food stamp coupons or an ATP card to other property contrary to federal and State government rules and

regulations governing the food stamp program; or    c. Transfers food stamp coupons or an ATP card to

another person who is not lawfully entitled or approved by the department to use the coupons or ATP

card.

 2C:20-37.  Prohibited transactions involving food stamp coupons or ATP card of less than $ 150; disorderly

persons offense

      If the face value of food stamp coupons or an ATP card is less than $ 150, an individual shall be

guilty of a disorderly persons offense if he purposely or knowingly and without authorization:    a. Receives

or uses the proceeds of food stamp coupons or an ATP card for which he has not applied or has not been

approved, by the department, to use;    b. Engages in any transaction to convert food stamp coupons or

an ATP card to other property contrary to federal and State government rules and regulations governing

the food stamp program; or    c. Transfers food stamp coupons or an ATP card to another person who is

not lawfully entitled or approved, by the department, to use the coupons or ATP card.

 2A:38A-1.  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. "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.    l. "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.

2A:38A-2.  Value of property or services

      For the purposes of this act, the value of any property or services, including the 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.

2A:38A-3.  Computer-related offenses; compensatory and punitive damages; costs and expenses

      A person or enterprise damaged in business or property as a result of any of the following actions

may sue the actor therefor in the Superior Court and may recover compensatory and punitive damages

and the cost of the suit, including a reasonable attorney's fee, costs of investigation and litigation:    a. The

purposeful or knowing, and unauthorized altering, damaging, taking or destruction of any data, data base,

computer program, computer software or computer equipment existing internally or externally to a

computer, computer system or computer network;    b. The purposeful or knowing, and unauthorized

altering, damaging, taking or destroying of a computer, computer system or computer network;    c. The

purposeful or knowing, and unauthorized accessing or attempt to access any computer, computer system

or computer network;    d. The purposeful or knowing, and unauthorized altering, accessing, tampering

with, obtaining, intercepting, damaging or destroying of a financial instrument; or    e. The purposeful or

knowing accessing and reckless altering, damaging, destroying or obtaining of any data, data base,

computer, computer program, computer software, computer equipment, computer system or computer

network.

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.


NEW MEXICO

CHAPTER 30.  CRIMINAL OFFENSES

ARTICLE 45.  COMPUTER CRIMES

 30-45-1.  Short title

This act [30-45-1 to 30-45-7 ] may be cited as the "Computer Crimes Act".

 30-45-2.  Definitions

      As used in the Computer Crimes Act [30-45-1 to 30-45-7  1978]:

             A. "access" means to program, execute programs on, intercept, instruct, communicate with,

store data in, retrieve data from or otherwise make use of any computer resources, including data or

programs of a computer, computer system, computer network or database;

             B. "computer" includes an electronic, magnetic, optical or other high-speed data processing

device or system performing logical, arithmetic or storage functions and includes any property, data storage

facility or communications facility directly related to or operating in conjunction with such device or system.

The term does not include an automated typewriter or typesetter or a single display machine in and of

itself, designed and used solely within itself for word processing, or a portable hand-held calculator, or any

other device which might contain components similar to those in computers but in which the components

have the sole function of controlling the device for the single purpose for which the device is intended;

             C. "computer network" means the interconnection of communication lines and circuits with

a computer or a complex consisting of two or more interconnected computers;

             D. "computer program" means a series of instructions or statements, in a form acceptable

to a computer, which permits the functioning of a computer system in a manner designed to provide

appropriate products from a computer system;

             E. "computer property" includes a financial instrument, data, databases, computer software,

computer programs, documents associated with computer systems and computer programs, or copies,

whether tangible or intangible, and data while in transit;

             F. "computer service" includes computer time, the use of the computer system, computer

network, computer programs or data prepared for computer use, data contained within a computer

network and data processing and other functions performed, in whole or in part, by the use of computers,

computer systems, computer networks or computer software;

             G. "computer software" means a set of computer programs, procedures and associated

documentation concerned with the operation and function of a computer system;

             H. "computer system" means a set of related or interconnected computer equipment,

devices and software;

             I. "data" means a representation of information, knowledge, facts, concepts or instructions

which are prepared and are intended for use in a computer, computer system or computer network;

             J. "database" means any data or other information classified, processed, transmitted,

received, retrieved, originated, switched, stored, manifested, measured, detected, recorded, reproduced,

handled or utilized by a computer, computer system, computer network or computer software; and

             K. "financial instrument" includes any check, draft, warrant, money order, note, certificate

of deposit, letter of credit, bill of exchange, credit or debit card, transaction, authorization mechanism,

marketable security or any other computerized representation thereof.

30-45-3.  Computer access with intent to defraud or embezzle

      Any person who knowingly and willfully accesses or causes to be accessed any computer, computer

system, computer network or any part thereof with the intent to obtain, by means of embezzlement or

false or fraudulent pretenses, representations or promises, money, property or anything of value, where:

             A. the money, property or other thing has a value of one hundred dollars ($100) or less

is guilty of a petty misdemeanor;

             B. the money, property or other thing has a value of more than one hundred dollars ($100)

but not more than two hundred fifty dollars ($250) is guilty of a misdemeanor and shall be sentenced

pursuant to the provisions of Section 31-19-1 NMSA 1978;

             C. the money, property or other thing has a value of more than two hundred fifty dollars

($250) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony

and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;

             D. the money, property or other thing has a value of more than two thousand five hundred

dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony and

shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; or

             E. the money, property or other thing has a value of more than twenty thousand dollars

($20,000) is guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section

31-18-15 NMSA 1978.

30-45-4.  Computer abuse

      Any person who knowingly, willfully and without authorization, or having obtained authorization:

             A. directly or indirectly alters, changes, damages, disrupts or destroys any computer,

computer network, computer property, computer service or computer system where:

                   (1) the damage to the computer property or computer service has a value of one

hundred dollars ($100) or less is guilty of a petty misdemeanor;

                   (2) the damage to the computer property or computer service has a value of more

than one hundred dollars ($100) but not more than two hundred fifty dollars ($250) is guilty of a

misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978;

                   (3) the damage to the computer property or computer service has a value of more

than two hundred fifty dollars ($250) but not more than two thousand five hundred dollars ($2,500) is

guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15

NMSA 1978;

                   (4) the damage to the computer property or computer service has a value of more

than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is

guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA

1978; or

                   (5) the damage to the computer property or computer service has a value of more

than twenty thousand dollars ($20,000) is guilty of a second degree felony and shall be sentenced pursuant

to the provisions of Section 31-18-15 NMSA 1978; or

             B. directly or indirectly introduces or causes to be introduced data which the person knows

to be false into a computer, computer system, computer network, computer software, computer program,

database or any part thereof with the intent of harming the property or financial interests or rights of any

person is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section

31-18-15 NMSA 1978.

 30-45-5.  Unauthorized computer use

      Any person who knowingly, willfully and without authorization, or having obtained authorization,

uses the opportunity such authorization provides for purposes to which the authorization does not extend,

directly or indirectly accesses, uses, takes, transfers, conceals, obtains, copies, or retains possession of any

computer, computer network, computer property, computer service, computer system or any part thereof

where:

             A. the damage to the computer property or computer service has a value of one hundred

dollars ($100) or less is guilty of a petty misdemeanor;

             B. the damage to the computer property or computer service has a value of more than one

hundred dollars ($100) but not more than two hundred fifty dollars ($250) is guilty of a misdemeanor and

shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978;

             C. the damage to the computer property or computer service has a value of more than two

hundred fifty dollars ($250) but not more than two thousand five hundred dollars ($2,500) is guilty of a

fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;

             D. the damage to the computer property or computer service has a value of more than two

thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of

a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;

or

             E. the damage to the computer property or computer service has a value of more than

twenty thousand dollars ($20,000) is guilty of a second degree felony and shall be sentenced pursuant to

the provisions of Section 31-18-15 NMSA 1978.

30-45-6.  Prosecution

      A. Prosecution pursuant to the Computer Crimes Act [30-45-1 to 30-45-7 NMSA 1978] shall not

prevent any prosecutions pursuant to any other provisions of the law where such conduct also constitutes

a violation of that other provision.

      B. A person found guilty of violating any provision of the Computer Crimes Act shall, in addition

to any other punishment, be ordered to make restitution for any financial loss sustained by anyone injured

as the direct result of the commission of the crime. Restitution shall be imposed in addition to

incarceration, forfeiture or fine, and not in lieu thereof, and may be made a condition of probation. The

defendant's present and future ability to make such restitution shall be considered.  In an extraordinary

case, the court may determine that the interests of those injured and justice would not be served by

ordering restitution.  In such a case, the court shall make and enter specific written findings on the record

substantiating the extraordinary circumstance presented upon which the court determined not to order

restitution. In all other cases, the court shall determine the amount and method of restitution.

 30-45-7.  Forfeiture of property

      A. The following are subject to forfeiture:

             (1) all computer property, equipment or products of any kind which have been used,

manufactured, acquired or distributed in violation of the Computer Crimes Act [30-45-1 to 30-45-7 NMSA

1978];

             (2) all materials, products and equipment of any kind which are used or intended for use

in manufacturing, using, accessing, altering, disrupting, copying, concealing, destroying, transferring,

delivering, importing or exporting any computer property or computer service in violation of the Computer

Crimes Act;

             (3) all books, records and research products and materials involving formulas, microfilm,

tapes and data which are used or intended for use in violation of the Computer Crimes Act;

             (4) all conveyances, including aircraft, vehicles or vessels, which are used or intended for

use to transport or in any manner to facilitate the transportation of property described in Subsection A,

B or C of this section for the purpose of violating the Computer Crimes Act;

             (5) all property, real, personal or mixed, which has been used or intended for use,

maintained or acquired in violation of the Computer Crimes Act; and

             (6) all money or proceeds that constitute an instrumentality or derive from a violation of

the Computer Crimes Act.

      B. Notwithstanding the provisions of Paragraphs (1) through (6) of Subsection A of this section:

             (1) no conveyance used by any person as a common carrier in the transaction of business

as a common carrier is subject to forfeiture under this section unless it appears that the owner or other

person in charge of the conveyance is a consenting party to a violation of the Computer Crimes Act;

             (2) no conveyance, computer property, equipment or other material is subject to forfeiture

under this section by reason of any act or omission established by the owner to have been committed or

omitted without his knowledge or consent;                                  (3) a

conveyance, computer property, equipment or other material is not subject to forfeiture for a violation of

law the penalty for which is a misdemeanor or petty misdemeanor; and

             (4) a forfeiture of a conveyance, computer property, equipment or material encumbered

by a bona fide security interest shall be subject to the interest of a secured party if the secured party

neither had knowledge of nor consented to the act or omission.

      C. Property subject to forfeiture and disposal under the Computer Crimes Act may be seized by

any law enforcement officer upon an order issued by the district court having jurisdiction.

      D. Seizure without such an order may be made if:

             (1) the seizure is incident to an arrest or search under a search warrant;

             (2) the property subject to seizure had been the subject of a prior judgment in favor of the

state in an injunction or forfeiture proceeding based upon the Computer Crimes Act; or

             (3) the enforcement officer has probable cause to believe that the property, whether real,

personal or mixed, was used or intended for use, maintained or acquired in violation of the Computer

Crimes Act.

      E. In the event of a seizure pursuant to Subsection C or Subsection D of this section, a proceeding

under the Computer Crimes Act and the rules of civil procedure for the district courts shall be instituted

promptly and not later than thirty days after seizure. The proceeding to forfeit property under the

Computer Crimes Act is against the property and not against the owner or any other person. It is in rem

wholly and not in personam. It is a civil case and not a criminal proceeding. The forfeiture proceeding is

required, not to complete the forfeiture, but to prove the illegal use for which the forfeiture was suffered.

      F. Except as otherwise specifically provided by law, whenever any property is forfeited to the state

by reason of the violation of any law, the court by which the offender is convicted shall order the sale or

other disposition of the property and the proceeds of any such sale as provided for in this section are

subject to the court making due provisions for the rights of innocent persons and the legitimate rights to

restitution on behalf of actual victims of the criminal acts.

      G. Property taken or detained under this section shall not be subject to replevin but is deemed

to be in the custody of the law enforcement agency seizing it subject only to the orders and decrees of the

district court. When property is seized under the Computer Crimes Act, the enforcement officer may:

             (1) place the property under seal;

             (2) remove the property to a place designated by the law enforcement officer or by the

district court; or

             (3) require the law enforcement agency to take custody of the property and remove it to

an appropriate location for disposition in accordance with law.            H. When

property is forfeited under the Computer Crimes Act, the law enforcement agency seizing it shall:

             (1) deliver custody of the property to the information systems council attached to the

general services department. The council, based upon a plan, shall advertise and make available the

forfeited property to stated agencies and political subdivisions of the state based upon a demonstrated need

and plan of use for that property. The information systems council shall advertise and make the forfeited

property available by bid for a minimum of one hundred twenty days and dispose of that property within

another sixty days. All proceeds from the sale of forfeited property shall be deposited in the general fund;

or

             (2) where the court orders the property to be sold, the proceeds of the sale shall be paid

into the general fund.


Ohio

TITLE XXIX [29]  CRIMES--PROCEDURE

CHAPTER 2913: THEFT AND FRAUD

MISCELLANEOUS OFFENSES

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.

      (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.

2913.04 Unauthorized use of property.

      (A) No person shall knowingly use or operate the property of another without the consent of the

owner or person authorized to give consent.

      (B) No person shall knowingly gain access to, attempt to gain access to, or cause access to be

gained to any computer, computer system, or computer network without the consent of, or beyond the

scope of the express or implied consent of, the owner of the computer, computer system, or computer

network or other person authorized to give consent by the owner.

      (C) The affirmative defenses contained in division (C) of section 2913.03 of the Revised Code are

affirmative defenses to a charge under this section.

      (D) Whoever violates this section is guilty of unauthorized use of property. If the offense involves

a violation of division (A) of this section and does not involve any computer, computer system, computer

network, computer software, or data, unauthorized use of property is a misdemeanor of the fourth degree.

If the offense involves a violation of division (A) of this section and involves any computer, computer

system, computer network, computer software, or data or if the offense involves a violation of division (B)

of this section, unauthorized use of property is whichever of the following is applicable:

             (1) If division (D)(2) or (3) of this section does not apply, a felony of the fourth degree;

             (2) If division (D)(3) of this section does not apply and the offender previously has been

convicted of a theft offense, a felony of the third degree;

             (3) 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, a felony of the second degree.


OKLAHOMA

TITLE 21.  CRIMES AND PUNISHMENTS

PART VII.  CRIMES AGAINST PROPERTY

CHAPTER 70.  OTHER OFFENSES AGAINST PROPERTY RIGHTS

COMPUTER CRIMES ACT

1951.  Short title

This act shall be known and may be cited as the "Oklahoma Computer Crimes Act".

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 networks, computer systems or support devices;

             7. "Data" means a representation of information, knowledge, facts, concepts, computer

software, computer programs or instructions. Data may be in any form, in storage media, or as stored in

the memory of the computer or in transit or presented on a display device;8. "Property" means

any tangible or intangible item of value and includes, but is not limited to, financial instruments,

geophysical data or the interpretation of that data, information, computer software, computer programs,

electronically-produced data and computer-produced or stored data, supporting documentation, computer

software in either machine or human readable form, electronic impulses, confidential, copyrighted or

proprietary information, private identification codes or numbers which permit access to a computer by

authorized computer users or generate billings to consumers for purchase of goods and services, including

but not limited to credit card transactions and telecommunications services or permit electronic fund

transfers and any other tangible or intangible item of value;

             9. "Services" includes, but is not limited to, computer time, data processing and storage

functions and other uses of a computer, computer system or computer network to perform useful work;

             10. "Supporting documentation" includes, but is not limited to, all documentation in any

form used in the construction, design, classification, implementation, use or modification of computer

software, computer programs or data; and

             11. "Victim expenditure" means any expenditure reasonably and necessarily incurred by

the owner or lessee to verify that a computer system, computer network, computer program or data was

or was not altered, deleted, disrupted, damaged or destroyed by the access.

1953.  Prohibited acts

      A. It shall be unlawful to:

             1. Willfully, and without authorization, gain or attempt to gain access to and damage,

modify, alter, delete, destroy, copy, make use of, disclose or take possession of a computer, computer

system, computer network or any other property.

             2. Use a computer, computer system, computer network or any other property as

hereinbefore defined for the purpose of devising or executing a scheme or artifice with the intent to

defraud, deceive, extort or for the purpose of controlling or obtaining money, property, services or other

thing of value by means of a false or fraudulent pretense or representation.

             3. Willfully exceed the limits of authorization and damage, modify, alter, destroy, copy,

delete, disclose or take possession of a computer, computer system, computer network or any other

property.

             4. Willfully and without authorization, gain or attempt to gain access to a computer,

computer system, computer network or any other property.

             5. Willfully and without authorization use or cause to be used computer services.

      6. Willfully and without authorization disrupt or cause the disruption of computer services or deny

or cause the denial of access or other computer services to an authorized user of a computer, computer

system or computer network.

             7. Willfully and without authorization provide or assist in providing a means of accessing

a computer, computer system or computer network in violation of this section.    B. Any person convicted

of violating 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.

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.

1955.  Penalties--Civil 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.

      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.

1957.  Access of computer, computer system or computer network in one jurisdiction from another

jurisdiction--Bringing of action

      For purposes of bringing a civil or a criminal action under the Oklahoma Computer Crimes Act,

a person who causes, by any means, the access of a computer, computer system or computer network in

one jurisdiction from another jurisdiction is deemed to have personally accessed the computer, computer

system or computer network in each jurisdiction.

1958.  Access to computers, computer systems and computer networks prohibited for certain

purposes--Penalty

      No person shall communicate with, store data in, or retrieve data from a computer system or

computer network for the purpose of using such access to violate any of the provisions of the Oklahoma

Statutes.    Any person convicted of violating the provisions of this section shall be guilty of a felony

punishable by imprisonment in the State Penitentiary for a term of not more than five (5) years, or by a

fine of not more than Five Thousand Dollars ($ 5,000.00), or by both such imprisonment and fine.


OREGON

TITLE 16.

CRIMES AND PUNISHMENTS

CHAPTER 164.  OFFENSES AGAINST PROPERTY

CRIMINAL MISCHIEF AND RELATED OFFENSES

164.377. Computer crime.

   	(1) As used in this section:

(a) To "access" means to instruct, communicate with, store data in, retrieve data from or

otherwise make use of any resources of a computer, computer system or computer network.

             (b) "Computer" means, but is not limited to, an electronic device which performs logical,

arithmetic or memory functions by the manipulations of electronic, magnetic or optical signals or 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 network" means, but is not limited to, the interconnection of communication

lines, including microwave or other means of electronic communication, with a computer through remote

terminals or a complex consisting of two or more interconnected computers.

             (d) "Computer program" means, but is not limited to, a series of instructions or statements,

in a form acceptable to a computer, which permits the functioning of a computer system in a manner

designed to provide appropriate products from or usage of such computer system.

             (e) "Computer software" means, but is not limited to, computer programs, procedures and

associated documentation concerned with the operation of a computer system.

             (f) "Computer system" means, but is not limited to, a set of related, connected or

unconnected, computer equipment, devices and software. "Computer system" also includes any computer,

device or software owned or operated by the Oregon State Lottery or rented, owned or operated by

another person or entity under contract to or at the direction of the Oregon State Lottery.

             (g) "Data" means a representation of information, knowledge, facts, concepts, computer

software, computer programs or instructions. "Data" may be in any form, in storage media, or as stored

in the memory of the computer, or in transit, or presented on a display device. "Data" includes, but is not

limited to, computer or human readable forms of numbers, text, stored voice, graphics and images.

             (h) "Property" includes, but is not limited to, financial instruments, information, including

electronically produced data, and computer software and programs in either computer or human readable

form, intellectual property and any other tangible or intangible item of value.

             (i) "Proprietary information" includes any scientific, technical or commercial information

including any design, process, procedure, list of customers, list of suppliers, customers' records or business

code or improvement thereof that is known only to limited individuals within an organization and is used

in a business that the organization conducts. The information must have actual or potential commercial

value and give the user of the information an opportunity to obtain a business advantage over competitors

who do not know or use the information.

             (j) "Services" include, but are not limited to, computer time, data processing and storage

functions.

      (2) Any person commits computer crime who knowingly accesses, attempts to access or uses, or

attempts to use, any computer,computer system, computer network or any part thereof for the purpose

of:

             (a) Devising or executing any scheme or artifice to defraud;

             (b) Obtaining money, property or services by means of false or fraudulent pretenses,

representations or promises; or

             (c) Committing theft, including, but not limited to, theft of proprietary information.

      (3) Any person who knowingly and without authorization alters, damages or destroys any

computer, computer system, computer network, or any computer software, program, documentation or

data contained in such computer, computer system or computer network, commits computer crime.

      (4) Any person who knowingly and without authorization uses, accesses or attempts to access any

computer, computer system, computer network, or any computer software, program, documentation or

data contained in such computer, computer system or computer network, commits computer crime.

      (5)    (a) A violation of the provisions of subsection (2) or (3) of this section shall be a Class C

felony. Except as provided in paragraph (b) of this subsection, a violation of the provisions of subsection

(4) of this section shall be a Class A misdemeanor.

             (b) Any violation of this section relating to a computer, computer network, computer

program, computer software, computer system or data owned or operated by the Oregon State Lottery

or rented, owned or operated by another person or entity under contract to or at the direction of the

Oregon State Lottery Commission shall be a Class C felony.

164.125. Theft of services.

      (1) A person commits the crime of theft of services if:

             (a) With intent to avoid payment therefor, the person obtains services that are available

only for compensation, by force, threat, deception or other means to avoid payment for the services; or

             (b) Having control over the disposition of labor or of business, commercial or industrial

equipment or facilities of another, the person uses or diverts to the use of the person or a third person

such labor, equipment or facilities with intent to derive for the person or the third person a commercial

benefit to which the person or the third person is not entitled.

      (2) As used in this section, "services" includes, but is not limited to, labor, professional services, toll

facilities, transportation, communications service, entertainment, thesupplying of food, lodging or other

accommodations in hotels, restaurants or elsewhere, the supplying of equipment for use, and the supplying

of commodities of a public utility nature such as gas, electricity, steam and water. "Communication service"

includes, but is not limited to, use of telephone, computer and cable television systems.

      (3) Absconding without payment or offer to pay for hotel, restaurant or other services for which

compensation is customarily paid immediately upon the receiving of them is prima facie evidence that the

services were obtained with intent to avoid payment therefor. Obtaining the use of any communication

system the use of which is available only for compensation, including but not limited to telephone,

computer and cable television systems, or obtaining the use of any services of a public utility nature,

without payment or offer to pay for such use is prima facie evidence that the obtaining of the use of such

system or the use of such services was gained with intent to avoid payment therefor.

      (4) The value of single theft transactions may be added together if the thefts were committed:

             (a) Against multiple victims by a similar means within a 30-day period; or

             (b) Against the same victim, or two or more persons who are joint owners, within a 180-day

period.

      (5) Theft of services is:

             (a) A Class C misdemeanor if the aggregate total value of services that are the subject of

the theft is under $ 50;

             (b) A Class A misdemeanor if the aggregate total value of services that are the subject of

the theft is $ 50 or more but is under $ 750;

             (c) A Class C felony if the aggregate total value of services that are the subject of the theft

is $ 750 or more; and

             (d) A Class B felony if the aggregate total value of services that are the subject of the theft

is $ 10,000 or more.


PENNSYLVANIA

TITLE 18. CRIMES AND OFFENSES

PART II.  DEFINITION OF SPECIFIC OFFENSES

ARTICLE C.  OFFENSES AGAINST PROPERTY

CHAPTER 39.  THEFT AND RELATED OFFENSES

SUBCHAPTER B. DEFINITION OF OFFENSES

3933.  Unlawful use of computer

(A) OFFENSE DEFINED.-- 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.

      (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.

      (C) DEFINITIONS.-- As used in this section the following words and phrases shall have the

meanings given to them in this subsection:

             "ACCESS." To intercept, instruct, communicate with, store data in, retrieve data from or

otherwise make use of any resources of a computer, computer system, computer network or data base.

             "COMPUTER." An electronic, magnetic, optical, hydraulic, organic or other high speed data

processing device or system which performs logic, arithmetic or memory functions and includes all input,

output, processing, storage, software or communication facilities which are connected or related to the

device in a system or network.

             "COMPUTER NETWORK." The interconnection of two or more computers through the

usage of satellite, microwave, line or other communication medium.

             "COMPUTER PROGRAM." An ordered set of instructions or statements and related data

that, when automatically executed in actual or modified form in a computer system, causes it to perform

specified functions.

             "COMPUTER SOFTWARE." A set of computer programs, procedures and associated

documentation concerned with the operation of a computer system.

             "COMPUTER SYSTEM." A set of related, connected or unconnected computer equipment,

devices and software.

             "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.


RHODE ISLAND

TITLE 11. CRIMINAL OFFENSES

CHAPTER 52.  COMPUTER CRIME

11-52-1.  Definitions

   	As used in this chapter:

(1) "Access" means to approach, instruct, communicate with, store data in, enter data in,

retrieve data from, or otherwise make use of any resources of, a computer, computer system, or computer

network.

             (2) "Computer" means an electronic 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.

             (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 or related data that,

in actual or modified form, is capable of causing a computer or a computer system to perform specified

functions in a form acceptable to a computer, which permits the functioning of a computer system in a

manner designed to provide appropriate products from such computer systems.

             (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) "Data" means any representation of information, knowledge, facts, concepts, or

instructions which are being prepared or have been prepared and are intended to be entered, processed,

or stored, are being entered, processed, or stored or have been entered, processed, or stored in a

computer, computer system, or computer network.

             (8) "Property" includes, 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) "Source document" means an original document or record which forms the basis of

every electronic entry put into a computer, computer system, or computer network.

11-52-2.  Access to computer for fraudulent purposes

      Whoever directly or indirectly accesses or causes to be accessed any computer, computer system,

or computer network for the purpose of:

             (1) devising or executing any scheme or artifice to defraud;

             (2) obtaining money, property, or services by means of false or fraudulent pretenses,

representations, or promises; or

             (3) damaging, destroying, altering, deleting, or removing any program or data contained

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 a computer, computer system, computer program, or computer network shall be guilty

of a felony and shall be subject to the penalties set forth in  11-52-5.

 11-52-4.  Computer theft

      Whoever, intentionally and without claim of right, 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 a computer, computer

system, computer program, or computer network with a value in excess of five hundred dollars ($ 500)

shall be guilty of a felony and shall be subject to the penalties set forth in  11-52-5. If the value is five

hundred dollars ($ 500) or less, then the person shall be guilty of a misdemeanor and may be punishable

by imprisonment for a term not exceeding one year, or by a fine of not more than one thousand dollars

($ 1,000), or both.

 11-52-5.  Penalties

   (a) Any person who is convicted of an offense which is classified as a felony under this chapter shall be

fined not more than five thousand dollars ($ 5,000) or imprisoned for not more than five (5) years, or both.

   (b) Any person who is convicted of an offense which is classified as a misdemeanor under this chapter

shall be fined not more than five hundred dollars ($ 500) or imprisoned for not more than one year, or

both.

11-52-6.  Civil action

      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 such other relief as the court deems

appropriate, including reasonable attorneys' fees.

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 for payment, shall be guilty of a felony and shall be subject to the

penalties set forth in 11-52-5.

      (b) Whoever intentionally or knowingly (1) makes a transmission of false data or (2) makes,

presents or uses or causes to be made, presented or used any data for any other purpose with knowledge

of its falsity shall be guilty of a misdemeanor and shall be subject to the penalties set forth in  11-52-5.

11-52-8.  Tampering with computer source documents

      (a) Whoever intentionally or knowingly conceals, destroys, or alters or intentionally or knowingly

causes another to conceal, destroy, or alter any computer source document used for a computer, computer

program, computer system, or computer network, when the computer source document is required to be

kept by law, shall be guilty of a misdemeanor and shall be subject to the provisions of @ 11-52-5.

      (b) Whoever intentionally or knowingly conceals, destroys, or alters or intentionally, knowingly

conceals, destroys, or alters or intentionally or knowingly causes another to conceal, destroy, or alter any

computer source document used for a computer, computer program, computer system, or computer

network, when the computer source document is required to be kept by law, with the intent to obstruct

an official investigation by any state agency authorized by law to conduct any civil or criminal investigation,

shall be guilty of a felony and shall be subject to the provisions of  11-52-5.


SOUTH CAROLINA

TITLE 16 CRIMES AND OFFENSES

CHAPTER 16  Computer Crime Act

16-16-10.  Definitions.

    	For 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 displayed 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.

16-16-20.  Offenses; penalties.

      (1) It is unlawful for a 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 a computer, computer system, or

computer network for the purpose of:

                   (i) devising or executing any scheme or artifice to defraud;

                   (ii) obtaining money, property, or services by means of false or fraudulent

pretenses, representations, promises; or

                   (iii) committing any other crime.

             (b) alter, damage, destroy, or modify a computer, computer system, computer network,

computer software, computer program, or data contained in such computer, computer system, computer

program, or computer network.

      (2) A person is guilty of computer crime in the first degree if the amount of gain directly or

indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly

suffered by the victim exceeds twenty-five thousand dollars.  Computer crime in the first degree is a felony

and, upon conviction, a person must be fined not more than one hundred twenty-five thousand dollars or

imprisoned not 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 an authorized user of the 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 misdemeanor and, upon conviction, for a first

offense, a person must be fined not more than fifty thousand dollars or imprisoned not more than three

years, or both.  Upon conviction for a second or subsequent offense, a person is guilty of a felony and must

be fined not more than fifty thousand dollars or imprisoned not more than five years, or both.

      (4) A person is guilty of computer crime in the third degree if the amount of gain directly or

indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly

suffered by the victim is not more than one thousand dollars.  A person is also guilty of computer crime

in the third degree if he wilfully, knowingly, and without authorization or for an unauthorized purpose

engages in computer hacking.  Computer crime in the third degree is a misdemeanor and, upon conviction,

for a first offense, a person must be fined not more than two hundred dollars or imprisoned not more than

thirty days. Upon conviction for a second or subsequent offense, a person must be fined not more than two

thousand dollars or imprisoned not more than two years, or both.

 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 or 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.

 16-16-40.  Applicability of other criminal law provisions.

      The provisions of this chapter must not be construed to preclude the applicability of any other

provision of the criminal law of this State, which presently applies or may in the future apply, to any

transaction which violates this chapter.


SOUTH DAKOTA

TITLE 43.  PROPERTY

CHAPTER 43-43B.

COMPUTER PROGRAMS

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; or

             (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.

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.

 43-43B-3.  Obtaining use, altering or destroying system, access and disclosure without consent -- Value

one thousand dollars or less

      A person convicted of a violation of subdivision 43-43B-1 (1), (2), or (4) where the value of the use,

alteration, destruction, access or disclosure is one thousand dollars or less is guilty of a Class 1

misdemeanor.

43-43B-4.  Obtaining use, altering or destroying system, access and disclosure without consent -- Value

more than one thousand dollars

      A person convicted of a violation of subdivision 43-43B-1 (1), (2), or (4) where the value of the use,

alteration, destruction, access or disclosure is more than one thousand dollars is guilty of a Class 6 felony.

 43-43B-5.  Obtaining use, altering or destroying system as part of deception-- Value one thousand dollars

or less

      A person convicted of a violation of subdivision 43-43B-1 (3) 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 deception-- Value more than one

thousand dollars

      A person convicted of a violation of subdivision 43-43B-1 (3) where the value of the money,

property or services obtained is more than one thousand dollars shall be guilty of a Class 4 felony.

 43-43B-7.  Civil rights not affected

      The provisions of this chapter shall neither enlarge nor diminish the rights of parties in civil

litigation.

 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.


TENNESSEE

TITLE 39.  CRIMINAL OFFENSES

CHAPTER 14.  OFFENSES AGAINST PROPERTY

PART 6.  COMPUTER OFFENSES

39-14-601.  Definitions for computer offenses

As used in this part, unless the context otherwise requires:

             (1)  "Access" means to approach, instruct, communicate or connect with, store data in,

retrieve or intercept data from, or otherwise make use of any resources of a computer, computer system

or computer network, or information exchanged from any communication between computers or authorized

computer users and electronic, electromagnetic, electrochemical, acoustic, mechanical or other means;

             (2)  "Computer" means a device or collection of devices, including its support devices or

peripheral equipment or facilities, and the communication systems connected to it which can perform

functions including, but not limited to, substantial computation, arithmetic or logical operations, information

storage or retrieval operations, capable of being used with external files, one or more operations which

contain computer programs, electronic instructions, allows for the input of data, and output data (such

operations or communications can occur with or without intervention by a human operator during the

processing of a job);

             (3)  "Computer contaminants" means any set of computer instructions that are designed

to modify or in any way alter, damage, destroy, or disrupt the proper operation of a computer system, or

computer network without the intent or 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.  Such contaminants

may include:

                   (A)  "Virus," meaning a migrating program which, at least, attaches itself to the

operating system of any computer it enters and can infect any other computer that has access to an

"infected" computer.

                   (B)  "Worm," meaning a computer program or virus that spreads and multiplies,

eventually causing a computer to "crash" or cease functioning, but does not attach itself to the operating

system of the computer it "infects";

             (4)  "Computer network" means a set of two (2) or more computer systems that transmit

data over communication circuits connecting them, and input/output devices including, but not limited to,

display terminals and printers, which may also be connected to telecommunication facilities;

             (5)  "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;

             (6)  "Computer software" means a set of computer programs, procedures, and associated

documentation concerned with the operation of a computer, computer system or computer network

whether imprinted or embodied in the computer in any manner or separate from it, including the

supporting materials for the software and accompanying documentation;

             (7)  "Computer system" means a set of connected devices including a computer and other

devices including, but not limited to, one (1) or more of the following: data input, output, or storage

devices, data communication circuits, and operating system computer programs that make the system

capable of performing data processing tasks;

             (8)  "Data" means a representation of information, knowledge, facts, concepts, or

instructions which is being prepared or has been prepared in a formalized manner, and is intended to be

stored or processed, or is being stored or processed, or has been stored or processed, in a computer,

computer system or computer network;

             (9)  "Financial instrument" includes, but is not limited to, any check, cashier's check, draft,

warrant, money order, certificate of deposit, negotiable instrument, letter of credit, bill of exchange, credit

card, debit card, marketable security, or any computer system representation thereof;

             (10)  "Input" means data, facts, concepts or instructions in a form appropriate for delivery

to, or interpretation or processing by, a computer;

             (11)  "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;

             (12)  "Output" means data, facts, concepts or instructions produced or retrieved by

computers from computers or computer memory storage devices;

             (13)  "To process" means to use a computer to put data through a systematic sequence of

operations for the purpose of producing a specified result;

             (14)  "Property" means, but is not limited to, intellectual property, financial instruments,

data, computer systems and computer programs, all in machine-readable or human-readable form, and any

tangible or intangible item of value;

             (15)  "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; and

             (16)  "System hacker" means any person who knowingly accesses and without permission

alters, damages, deletes, destroys, or otherwise uses any data,

 39-14-602.  Violations -- Penalties

      (a)  Whoever knowingly, directly or indirectly, accesses, causes to be accessed, or attempts to

access any telephone system, telecommunications facility, computer software, computer program, data,

computer, computer system, computer network, or any part thereof, for the purpose of:

             (1)  Obtaining money, property, or services for oneself or another by means of false or

fraudulent pretenses, representations, or promises violates this subsection and is subject to the penalties

of 39-14-105;

             (2)  Causing computer output to purposely be false, for, but not limited to, the purpose

of obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses,

representations, or promises violates this subsection and is subject to the penalties of  39-14-105.

      (b)  Whoever intentionally and without authorization, directly or indirectly:

             (1)  Accesses any computer, computer system, or computer network commits a Class C

misdemeanor;

             (2)  Alters, damages, destroys, or attempts to damage or destroy, or cause the disruption

to the proper operation of any computer, or who performs an act which is responsible for the disruption

of any computer, computer system, computer network, computer software, program or data which resides

or exists internal or external to a computer, computer system or computer network is punishable as in

39-14-105;

             (3)  Introduces or is responsible for the input of any computer contaminant into any

computer, computer system, or computer network commits a Class B misdemeanor; or

             (4)  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 gaining access to computer material or to tamper with computer security devices, including, but

not limited to, system hackers, commits a Class A misdemeanor.

      (c)  Whoever receives, conceals, uses, or aids another in receiving, concealing or using any proceeds

resulting from a violation of either subsection (a) or subdivision (b)(2), knowing the same to be proceeds

of such violation, or whoever receives, conceals, uses, or aids another in receiving, concealing or using, any

books, records, documents, property, financial instrument, computer software, program, or other material,

property, or objects, knowing the same to have been used in violating either subsection (a) or subdivision

(b)(2) is subject to the penalties of  39-14-105.

 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 the

violation or of any books, records, documents, property, financial instrument, computer software, computer

program or other material, objects or items which were used in furtherance of the violation; and

             (3)  In any county from which, to which or through which any access to a computer,

computer system, or computer network was made, whether by wire, electromagnetic waves, microwaves

or any other means of communication.


TEXAS

PENAL CODE

TITLE 7.  OFFENSES AGAINST PROPERTY

CHAPTER 33.  COMPUTER CRIMES

33.01.  Definitions

   In this chapter:

(1) "Access" means to approach, instruct, communicate with, store data    in, retrieve or intercept

data from, alter data or computer software    in, or otherwise make use of any resource of a computer,

computer    system, or computer network.

      (2) "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.

      (3) "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.

      (4) "Computer network" means the interconnection of two or more   computers or computer

systems by satellite, microwave, line, or other    communication medium with the capability to transmit

information among    the computers.

      (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 or perform specific

functions.

      (6) "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.

      (7) "Computer services" means the product of the use of a computer, the    information stored in

the computer, or the personnel supporting the    computer, including computer time, data processing, and

storage    functions.

      (8) "Computer system" means any combination of a computer or computer    network with the

documentation, computer software, or physical facilities supporting the computer or computer network.

      (9) "Computer software" means a set of computer programs, procedures,    and associated

documentation related to the operation of a computer,    computer system, or computer network.(10)

"Computer virus" means an unwanted computer program or other set    of instructions inserted into a

computer's memory, operating system, or    program that is specifically constructed with the ability to

replicate    itself or to affect the other programs or files in the computer by    attaching a copy of the

unwanted program or other set of instructions    to one or more computer programs or files.

      (11) "Data" means a representation of information, knowledge, facts,    concepts, or instructions

that is being prepared or has been prepared    in a formalized manner and is intended to be stored or

processed, is    being stored or processed, or has been stored or processed in a    computer. Data may be

embodied in any form, including but not limited    to computer printouts, magnetic storage media, laser

storage media, and    punchcards, or may be stored internally in the memory of the computer.

      (12) "Effective consent" includes consent by a person legally    authorized to act for the owner.

Consent is not effective if:

             (A) induced by deception, as defined by Section 31.01, or induced by coercion;

                   (B) given by a person the actor knows is not legally authorized to act for the

owner;             (C) given by a person who by reason of youth, mental disease or defect, or

intoxication is known by the actor to be unable to make      reasonable property dispositions;

                         (D) given solely to detect the commission of an offense; or

      (E) used for a purpose other than that for which the consent was given.

      (13) "Electric utility" has the meaning assigned by Subsection (c),    Section 3, Public Utility

Regulatory Act (Article 1446c, Vernon's Texas    Civil Statutes).

      (14) "Harm" includes partial or total alteration, damage, or erasure of    stored data, interruption

of computer services, introduction of a    computer virus, or any other loss, disadvantage, or injury that

might    reasonably be suffered as a result of the actor's conduct.

      (15) "Owner" means a person who:

             (A) has title to the property, possession of the property, whether lawful or not, or a greater

right to possession of the property than the actor;

             (B) has the right to restrict access to the property; or

                      (C) is the licensee of data or computer software.

      (16) "Property" means:

             (A) tangible or intangible personal property including a computer, computer system,

computer network, computer software, or data; or

             (B) the use of a computer, computer system, computer network, computer software, or

data.

 33.02.  Breach of Computer Security

      (a) A person commits an offense if the person knowingly accesses a computer, computer network,

or computer system without the effective consent of the owner.

      (b) 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 access to a computer, computer network,

computer system, or data.

      (c) An offense under this section is a Class A misdemeanor unless the actor's intent is to obtain

a benefit or defraud or harm another, in which event the offense is:

             (1) a state jail felony if the value of the benefit or the amount of    the loss or harm is less

than $ 20,000; or

             (2) a felony of the third degree if the value of the benefit or the    amount of the loss or

harm is $ 20,000 or more.

      (d) A person who is subject to prosecution under this section and any other section of this code

may be prosecuted under either or both sections.

     33.03.  Defenses

      It is an affirmative defense to prosecution under Section 33.02 that the actor was an officer,

employee, or agent of a communications common carrier or electric utility and committed the proscribed

act or acts in the course of employment while engaged in an activity that is a necessary incident to the

rendition of service or to the protection of the rights or property of the communications common carrier

or electric utility.

      33.04.  Assistance by Attorney General

      The attorney general, if requested to do so by a prosecuting attorney, may assist the prosecuting

attorney in the investigation or prosecution of an offense under this chapter or of any other offense

involving the use of a computer.

                                                    TEXAS                                     STATUTES AND CODES

                         13.25.  Computer crimes

      (a) Effective September 1, 1994

             (a) In this section "access," "computer," "computer network," "computer program," "computer

system," and "owner" have the meanings assigned to those terms in Section 33.01, Penal Code.

             (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, 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.


UTAH

TITLE 76.  CRIMINAL CODE

CHAPTER 6.  OFFENSES AGAINST PROPERTY

PART 7.  COMPUTER CRIMES

76-6-701.  Computer Crimes Act -- Short title

   	This part is known as the "Utah Computer Crimes Act."

76-6-702.  Computer Crimes Act -- Definitions

   	As used in this part:

(1) "Access" means to directly or indirectly use, attempt to use, instruct, communicate with,

cause input to, cause output from, or otherwise make use of any resources of a computer, computer

system, computer network, or any means of communication with any of them.

             (2) "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.

 76-6-703.  Computer crimes and penalties

      (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.

      (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.

76-6-704.  Computer Crimes Act -- Attorney general, county attorney, or district attorney to prosecute --

Conduct violating other statutes

      (1) The attorney general, district attorney, 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 Section 76-6-703 are being or have been violated shall report the suspected

violation to the attorney general, or county attorney, or, if within a prosecution district, the district

attorney of the county or prosecution district in which part or all of the violations occurred.


VERMONT

****  THE STATE OF VERMONT HAS NO CURRENT COMPUTER CRIME STATUTE  ****


VIRGINIA

TITLE 8.01. CIVIL REMEDIES AND PROCEDURE

CHAPTER 3.  ACTIONS

ARTICLE 3.  INJURY TO PERSON OR PROPERTY

 8.01-40.1.  Action for injury resulting from violation of Computer Crimes Act; limitations

Any person whose property or person is injured by reason of a violation of the provisions of the

Virginia Computer Crimes Act ( 18.2-152.1 et seq.) may sue and recover damages as provided in

18.2-152.12.  An action shall be commenced before the earlier of (i) five years after the last act in the

course of conduct constituting a violation of the Computer Crimes Act or (ii) two years after the plaintiff

discovers or reasonably should have discovered the last act in the course of conduct constituting a violation

of the Computer Crimes Act.

18.2-152.1.  Short title

      This article shall be known and may be cited as the "Virginia Computer Crimes Act."

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 to 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, or computer software.

             "Person" shall include any individual, partnership, association, corporation or joint venture.

             "Property" shall include:

                   1. Real property;

                   2. Computers and computer networks;

                   3. Financial instruments, computer data, computer programs, computer software

and all other personal property regardless of whether they are:

                         a. Tangible or intangible;

                         b. In a format readable by humans or by a computer;

                         c. In transit between computers or within a computer network or between

any devices which comprise a computer; or

                         d. Located on any paper or in any device on which it is stored by a

computer or by a human; and

                   4. Computer services.

      A person "uses" a computer or computer network when he:

             1. Attempts to cause 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 the 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.

18.2-152.3.  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. 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; penalty

      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. 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.

      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 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.

      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.

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.

 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 else who is damaged by such violation.

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 instrument, 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.

 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.

18.2-152.12.  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 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 may, in its

discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the

computer, computer network, computer data, computer program and computer software involved in order

to prevent possible recurrence of the same or a similar act by another person and to protect any trade

secrets of any party.

      C. The provisions of this article shall not be construed to limit any person's right to pursue any

additional civil remedy otherwise allowed by law.

      D. A civil action under this section must be commenced before expiration of the time period

prescribed in @ 8.01-40.1.

 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 effect without the invalid provision or application, and to this end 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.


WASHINGTON

TITLE 9A.

CHAPTER  9A.52.  BURGLARY AND TRESPASS

9A.52.010. Definitions

   	The following definitions apply in this chapter:

(1) "Premises" includes any building, dwelling, structure used for commercial aquaculture,

or any real property;

             (2) "Enter". The word "enter" when constituting an element or part of a crime, shall include

the entrance of the person, or the insertion of any part of his body, or any instrument or weapon held in

his hand and used or intended to be used to threaten or intimidate a person or to detach or remove

property;

             (3) "Enters or remains unlawfully". A person "enters or remains unlawfully" in or upon

premises when he is not then licensed, invited, or otherwise privileged to so enter or remain.     A license

or privilege to enter or remain in a building which is only partly open to the public is not a license or

privilege to enter or remain in that part of a building which is not open to the public. A person who enters

or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed

in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass

is personally communicated to him by the owner of the land or some other authorized person, or unless

notice is given by posting in a conspicuous manner. Land that is used for commercial aquaculture or for

growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land

if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous

manner. Similarly, a field fenced in any manner is not unimproved and apparently unused land;

             (4) "Data" means a representation of information, knowledge, facts, concepts, or

instructions that are being prepared or have been prepared in a formalized manner and are intended for

use in a computer;

             (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) "Access" means to approach, instruct, communicate with, store data in, retrieve data

from, or otherwise make use of any resources of a computer, directly or by electronic means.

  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;

             (2) If more than one item of property is physically damaged as a result of a common

scheme or plan by a person and the physical damage to the property would, when considered separately,

constitute mischief in the third degree because of value, then the value of the damages may be aggregated

in one count. If the sum of the value of all the physical damages exceeds two hundred fifty dollars, the

defendant may be charged with and convicted of malicious mischief in the second 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.

 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.

      (2) Computer trespass in the first degree is a class C felony.

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.

      (2) Computer trespass in the second degree is a gross misdemeanor.


WISCONSIN

CRIMINAL CODE

CHAPTER 943. CRIMES AGAINST PROPERTY

943.70 Computer crimes

   	(1) 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 microform.

             (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.

      (2)    (a) Whoever wilfully, knowingly and without authorization does any of the following may

be penalized as provided in par.

             (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.

             (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 of

death or great bodily harm to another.

      (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 par. (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.

      (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 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 of death or

great bodily harm to another.

      (4) In addition to the other penalties provided for violation of this section, a judge may place

restrictions on the offender's use of computers. The duration of any such restrictions may not exceed the

maximum period for which the offender could have been imprisoned; except if the offense is punishable

by forfeiture, the duration of the restrictions may not exceed 90 days.

      (5) Any aggrieved party may sue for injunctive relief under ch. 813 to compel compliance with this

section. In addition, owners, lessors, users or manufacturers of computers, or associations or organizations

representing any of those persons, may sue for injunctive relief to prevent or stop the disclosure of

information which may enable another person to gain unauthorized access to data, computer programs or

supporting documentation.

 968.28 Application for court order to intercept communications

      The attorney general together with the district attorney of any county may approve a request of

an investigative or law enforcement officer to apply to the chief judge of the judicial administrative district

for the county where the interception is to take place for an order authorizing or approving the

interception of wire, electronic or oral communications. The chief judge may under s. 968.30 grant an order

authorizing or approving the interception of wire, electronic or oral communications by investigative or law

enforcement officers having responsibility for the investigation of the offense for which the application is

made. The authorization shall be permitted only if the interception may provide or has provided evidence

of the commission of the offense of homicide, felony murder, kidnapping, commercial gambling, bribery,

extortion or dealing in controlled substances or a computer crime that is a felony under s. 943.70 or any

conspiracy to commit any of the foregoing offenses.


WEST VIRGINIA

CHAPTER 61.  CRIMES AND THEIR PUNISHMENT

ARTICLE 3C.  WEST VIRGINIA COMPUTER CRIME AND ABUSE ACT

61-3C-1.  Short title

This act shall be known and may be cited as the "West Virginia Computer Crime and Abuse Act."

 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.

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, 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 arithmetic, 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-4.  Computer fraud; penalties

      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

      (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.

      (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.

 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.

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.

 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.

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.


WYOMING

TITLE 6. CRIMES AND OFFENSES

CHAPTER 3.  OFFENSES AGAINST PROPERTY

ARTICLE 5.  COMPUTER CRIMES

6-3-501.  Definitions

   	(a) As used in this article:

(i) "Access" means to approach, instruct, communicate with, store data in, retrieve data

from, or otherwise make use of any resources of a computer, computer system or computer network;

             (ii) "Computer" means an internally programmed, automatic device which performs data

processing;

             (iii) "Computer network" means a set of related, remotely connected devices and

communication facilities including more than one (1) computer system with capability to transmit data

among them through communication facilities;

             (iv) "Computer program" means an ordered set of data representing coded instructions or

statements which when executed by a computer cause the computer to process data;

             (v) "Computer software" means a set of computer programs, procedures and associated

documentation concerned with the operation of a computer system;

             (vi) "Computer system" means a set of related, connected or unconnected, computer

equipment, devices or computer software;

             (vii) "Computer system services" means providing a computer system or computer network

to perform useful work;

             (viii) "Financial instrument" means a check, draft, money order, certificate of deposit, letter

of credit, bill of exchange, credit card or marketable security;

             (ix) "Intellectual property" means data, including programs;

             (x) "Property" includes financial instruments, information, electronically produced data,

computer software and programs in machine-readable or human-readable form;

             (xi) "Trade secret" means the whole or a portion or phase of a formula, pattern, device,

combination of devices or compilation of information which is for use, or is used in the operation of a

business and which provides the business an advantage or an opportunity to obtain an advantage over

those who do not know or use it. "Trade secret" includes any scientific, technical or commercial information

including any design, process, procedure, list of suppliers, list of customers, business code or improvement

thereof. Irrespective of novelty, invention, patentability, the state of the prior art and the level of skill in

the business, art or field to which the subject matter pertains, when the owner of a trade secret takes

measures to prevent it from becoming available to persons other than those selected by the owner to have

access to it for limited purposes, the trade secret is considered to be:

                   (A) Secret;

                   (B) Of value;

                   (C) For use or in use by the business; and

                   (D) Providing an advantage or an opportunity to obtain an advantage to the

business over those who do not know or use it.

 6-3-502.  Crimes against intellectual property; penalties

      (a) A person commits a crime against intellectual property if he knowingly and without

authorization:

             (i) Modifies data, programs or supporting documentation residing or existing internal or

external to a computer, computer system or computer network;

             (ii) Destroys data, programs or supporting documentation residing or existing internal or

external to a computer, computer system or computer network;

             (iii) Discloses or takes data, programs, or supporting documentation having a value of more

than seven hundred fifty dollars ($750.00) and which is a trade secret or is confidential, as provided by law,

residing or existing internal or external to a computer, computer system or computer network.

      (b) A crime against intellectual property is:

             (i) A felony punishable by imprisonment for not more than three (3) years, a fine of not

more than three thousand dollars ($3,000.00), or both, except as provided in paragraph (ii) of this

subsection;

             (ii) A felony punishable by imprisonment for not more than ten (10) years, a fine of not

more than ten thousand dollars ($10,000.00), or both, if the crime is committed with the intention of

devising or executing a scheme or artifice to defraud or to obtain property.

 6-3-503.  Crimes against computer equipment or supplies; interruption or impairment of governmental

operations or public services; penalties

      (a) A person commits a crime against computer equipment or supplies if he knowingly and without

authorization, modifies equipment or supplies used or intended to be used in a computer, computer system

or computer network. A crime against computer equipment or supplies is:

             (i) A misdemeanor punishable by imprisonment for not more than six (6) months, a fine

of not more than seven hundred fifty dollars ($750.00), or both, except as provided in paragraph (ii) of this

subsection;

             (ii) A felony punishable by imprisonment for not more than ten (10) years, a fine of not

more than ten thousand dollars ($10,000.00), or both, if the crime is committed with the intention of

devising or executing a scheme or artifice to defraud or to obtain property.

      (b) A person who knowingly and without authorization destroys, injures or damages a computer,

computer system or computer network and thereby interrupts or impairs governmental operations or

public communication, transportation or supplies of water, gas or other public service, is guilty of a felony

punishable by imprisonment for not more than three (3) years, a fine of not more than three thousand

dollars ($3,000.00), or both.

 6-3-504.  Crimes against computer users; penalties

      (a) A person commits a crime against computer users if he knowingly and without authorization:

             (i) Accesses a computer, computer system or computer network;

             (ii) Denies computer system services to an authorized user of the computer system services

which, in whole or part, are owned by, under contract to, or operated for, on behalf of, or in conjunction

with another.

      (b) A crime against computer users is:

             (i) A felony punishable by imprisonment for not more than three (3) years, a fine of not

more than three thousand dollars ($3,000.00), or both except as provided in paragraph (ii) of this

subsection;

             (ii) A felony punishable by imprisonment for not more than ten (10) years, a fine of not

more than ten thousand dollars ($10,000.00), or both, if the crime is committed with the intention of

devising or executing a scheme or artifice to defraud or to obtain property.

 6-3-505.  This article not exclusive

      This article shall not preclude the application of any other provision of the criminal law of this state

which applies, or may apply, to any violation of this article, unless the provision is inconsistent with this

article.


Shareware Notice

June, 15, 1995

OVERVIEW

----------------

The NCSA US Computer Crime DataBase is a powerful tool for working with

Computer Crime Laws in the Windows operating environment. It will allow the user to view each of the 50 State's Computer Crime Laws.

REGISTRATION

----------------------

NCSA US Computer Crime DataBase  is not free software.  It is released as shareware, which provides the opportunity for the program to be evaluated before it is purchased.

We hope that after you try the US Computer Crime DataBase you will like it so much that you will want to register. By doing so you are allowing yourself to be eligible for ONE upgrade.  As you know laws change all the time, being updated and edited for better understanding.  By sending in your registration information, you will receive ONE upgrade to the DataBase.

Complete information on how to register the NCSA US Computer Crime DataBase is included in the REGISTER.TXT file.

SOFTWARE LICENSE

-----------------------------

 Non-licensed users are granted a limited license to use the NCSA US Computer Crime DataBase  on a 30-day trial basis for the purpose of determining  whether the NCSA US Computer Crime DataBase  is suitable for their needs.  The use of the DataBase, except for the initial 30-day trial, requires registration.  The use of unlicensed copies of  the NCSA US Computer Crime DataBase, outside of the initial 30-day trial, by any person, business, corporation, government agency or any other entity is strictly prohibited.

 A single user license permits a user to use the NCSA US Computer Crime DataBase only on a single computer.  Licensed users may use the program on different computers, as long as there is NO

 POSSIBILITY of it being used at one location while it is being used at another, or on a computer network by more than one user at a time.

 No one may modify or patch the NCSA US Computer Crime DataBase executable files in any way, including but not limited to decompiling, disassembling, or otherwise reverse engineering the program.

 A limited license is granted to copy and distribute the NCSA US Computer Crime DataBase  only for the trial use of others, subject to the above limitations, and also the following:

  1)   The NCSA US Computer Crime DataBase and all of its release files must be copied  in unmodified form, complete with the file containing this license information.

  2)    No fee, charge, or other compensation may be requested or

         accepted, except as authorized below:

        A) Operators of electronic bulletin board systems (sysops)

             may make the NCSA  US Computer  Crime  DataBase

             available for  downloading  only as long  as  the above

             conditions are met.    An overall  or   time - dependent

             charge  for  the  use of   the  bulletin  board   system  is

             permitted  as  long  as  there  is  not  a  specific  charge

             for the  download  of  the  NCSA  US  Computer Crime

             DataBase.

        B) Vendors of user-supported or shareware software approved by

             the  ASP  may   distribute   the  NCSA  US  Computer  Crime

             DataBase,  subject   to  the  above  conditions, without specific

             permission.  Non-approved  vendors may distribute the NCSA

             US Computer Crime  DataBase  only  after  obtaining  written

             permission from the  National Computer Security  Association

             Such  permission is usually granted. Please write for details.

             (enclose your catalog).

        C) Non-profit user groups may distribute copies of the  NCSA US

             Computer  Crime  DataBase diskette to their members, subject

             to  the  above  conditions,   without  specific  permission.  Non-

             profit groups may collect a  disk  duplication  fee not to exceed

             five dollars.

  LIMITED WARRANTY

-------------------------------

The National Computer Security Association warrants that all disks provided are  free from defects in material and workmanship, assuming  normal use, for a period of 90 days from the date of  purchase.

The National Computer Security Association warrants that the program will perform  in substantial compliance with the documentation supplied with the software product.  If a significant defect in  the product is found, the Purchaser may return the  product   for a refund.  In no event will such a refund exceed the purchase price of the product.

EXCEPT AS PROVIDED ABOVE, THE NATIONAL COMPUTER SECURITY  ASSOCIATION DISCLAIMS ALL  WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT  LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND  FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE  PRODUCT.  SHOULD THE PROGRAM PROVE DEFECTIVE, THE  PURCHASER ASSUMES THE RISK OF PAYING THE ENTIRE COST OF  ALL NECESSARY SERVICING, REPAIR, OR CORRECTION AND ANY  INCIDENTAL OR ON SEQUENTIAL DAMAGES.  IN NO EVENT WILL  IMPACT SOFTWARE BE LIABLE FOR ANY DAMAGES WHATSOEVER  (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF  BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS  INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR THE  INABILITY TO USE THIS PRODUCT EVEN IF IMPACT SOFTWARE  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  Use of this product for any period of time constitutes  your acceptance of this agreement and subjects you to its  contents.

  U.S. GOVERNMENT RESTRICTED RIGHTS

Use, duplication, or disclosure by the Government is subject  to restrictions as set forth in subdivision (b)(3)(ii) of  the Rights in Technical Data and Computer Software clause at  252.227-7013.

The National Computer Security Association

10 South Courthouse Avenue

Carlisle, PA

17013 : 717.258.1816


NCSA US Computer Crime DataBase Registration :

Registration Information

============

When you register the NCSA US Computer Crime DataBase you will receive a license number which the program will use to recognize you as a customer and allow you to receive one (1) FREE update.

The registration includes a 3.5 or 5.25 disk that contains the most current version of the NCSA US Computer Crime DataBase.

Credit Cards

============

Any customer who would like to use their VISA, MasterCard, or American Express, credit card can order by calling 1-800-488-4595 in the U.S. and Canada. Customers in other countries can reach us at 717-258-1816.  Please choose to talk to the Order Department.

Payment Terms

============

We can accept checks and money orders (MUST be payable through a U.S. bank), in addition to the credit cards mentioned above.  Purchase orders are accepted from major companies, governments, and universities.

Requests will not be processed without proper tax or shipping charges.  Credit card orders will be adjusted.

License requests from outside the United States

============

Registrations will be processed upon receipt of the current equivalent of U.S. funds

in check or money order (must be drawn or paid through a U.S. bank) or credit card request (subject to the currency exchange rates used by your credit card company).

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Registration Form

NCSA US Computer Crime DataBase

Copyright (c) 1995 by NCSA

The NCSA US Computer Crime DataBase is licensed on a per user basis. The license grants the user the right to install and use the software on one or more computers so long as the total number of users does not exceed the license quantity.

Please include the following information:

_______________________________

Name

_______________________________

Street

_______________________________

City     State/Pr   Postal Code

__________  ___________________

Country     Phone

_______________________________  __ VISA  __ MC  __ AMEX

Credit Card Number

_________  ____________________  _______________________

Expires    Name As on Card       Signature

                                                                              QTY     PRICE    TOTAL

NCSA US Computer Crime DataBase Registration ____  x $24.95  ______

Disk Preference :       __ 3.5"     __ 5.25"

                                          ______  Sub-total

                                          ______  Pennsylvania orders

                                                        add 6.0 % sales tax

                                          ______  Shipping

                                                       U.S./Canada - $2

                                                       All Others  - $4

                       Grand total: ______

       Mail or Fax your completed registration request to:

              NCSA

Computer Crime DataBase

10 South Courthouse Avenue

Carlisle, PA 17013

              (717)243-8642 : Fax

    Thank you for supporting our product.


NCSA's Mission Statement

The National Computer Security Association is the leading membership organization providing educational materials, training, testing and consulting services to improve computer and information security, reliability and ethics.

NCSA currently supports over 1600 members from a variety of commercial and governmental organizations.  Training is delivered through public and in-house seminars and NCSAs annual security conference provides a meeting ground for members and non-members to share experiences and learn about current technology and solution Informational resources include books, research reports, training materials, conference proceedings and tools which are featured in a 28-page information security resource catalog.  NCSA manages a CompuServe forum dedicated to computer security and ethics (GO NCSAFORUM) which can also be chosen from the main menu of this section.  NCSA can also be reached via Email at 75300.2557@compuserve.com.


NCSA's US Computer Crime DataBase