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MISSISSIPPI
§ 97-45-3. Computer fraud; penalties
(1) Computer fraud is the accessing or causing to be accessed
of any computer, computer system, computer network or any part
thereof with the intent to:
(a) Defraud;
(b) Obtain money, property or services by means of false or fraudulent conduct,
practices or representations; or through the false or fraudulent alteration,
deletion or insertion of programs or data; or
(c) Insert or attach or knowingly create the opportunity for an unknowing and
unwanted insertion or attachment of a set of instructions or a computer program
into a computer program, computer, computer system, or computer network, that
is intended to acquire, alter, damage, delete, disrupt, or destroy property
or otherwise use the services of a computer program, computer, computer system
or computer network.
(2) Whoever commits the offense of computer fraud shall be punished, upon conviction,
by a fine of not more than One Thousand Dollars ($ 1,000.00), or by imprisonment
for not more than six (6) months, or by both such fine and imprisonment. However,
when the damage or loss or attempted damage or loss amounts to a value of Five
Hundred Dollars ($ 500.00) or more, the offender may be punished, upon conviction,
by a fine of not more than Ten Thousand Dollars ($ 10,000.00) or by imprisonment
for not more than five (5) years, or by both such fine and imprisonment.
| Statute |
Name |
Trespass/
Intrusion |
Tampering/
Destruction |
Fraud |
Unauthorized Use |
Interruption of services |
Piracy |
Privacy/
Invasion |
Punishment |
| MISS. CODE ANN. § 97-45-3 |
Computer fraud |
X |
X |
X |
X |
|
|
|
6 months to 5 years imprisonment |
|
NEVADA
(a) Was committed to devise
or execute a scheme to defraud or illegally obtain property;
| Statute |
Name |
Trespass/
Intrusion |
Tampering/
Destruction |
Fraud |
Unauthorized Use |
Interruption of services |
Piracy |
Privacy/
Invasion |
Punishment |
| NEV. REV. STAT. § 205.4765(6)(a) |
N/A |
|
|
|
|
x |
|
|
|
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NORTH
DAKOTA
The following
is North Dakota’s
only statute regarding computer crime and therefore attempts
to consolidate much computer-related criminal activity into a
general computer fraud statute.
§ 12.1-06.1-08. Computer fraud --
Computer crime -- Classification -- Penalty
1. A person commits computer fraud by gaining or attempting
to gain access to, altering, damaging, modifying, copying, disclosing,
taking possession of, or destroying any computer, computer system,
computer network, or any part of the computer, system, or network,
without authorization, and with the intent to devise or execute
any scheme or artifice to defraud, deceive, prevent the authorized
use of, or control property or services by means of false or
fraudulent pretenses, representations, or promises. A person
who commits computer fraud is guilty of a class C felony.
2. A person commits computer crime by intentionally and either
in excess of authorization given or without authorization gaining
or attempting to gain access to, altering, damaging, modifying,
copying, disclosing, taking possession of, introducing a computer
contaminant into, destroying, or preventing the authorized use
of any computer, computer system, or computer network, or any
computer software, program, or data contained in the computer,
computer system, or computer network. A person who commits computer
crime is guilty of a class A misdemeanor.
3. In addition to any other remedy available, the owner or lessee
of a computer, computer system, computer network, or any part
of the computer, computer system, or computer network may bring
a civil action for damages, restitution, and attorney's fees
for damages incurred as a result of the violation of this section.
| Statute |
Name |
Trespass/
Intrusion |
Tampering/
Destruction |
Fraud |
Unauthorized Use |
Interruption of services |
Piracy |
Privacy/
Invasion |
Punishment |
| N.D. CENT. CODE § 12.1-06.1-08 |
Computer fraud |
X |
X |
X |
X |
X |
X |
|
Class A Misdemeanor |
|
OKLAHOMA
*
A. It shall be unlawful to:
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;
| Statute |
Name |
Trespass/
Intrusion |
Tampering/
Destruction |
Fraud |
Unauthorized Use |
Interruption of services |
Piracy |
Privacy/
Invasion |
Punishment |
| 21 OKLA. STAT. § 1953 A.2 |
Prohibited Acts |
|
|
X |
|
|
|
|
Felony |
|
SOUTH
DAKOTA *
A person is guilty of unlawful
use of a computer system, software, or data if the person:
(7) Knowingly obtains use of, alters, accesses, or exceeds authorized access
to, destroys, disables, or inhibits access to a computer system, as part of a
deception for the purpose of obtaining money, property, or services from the
owner of a computer system, or any third party;
| Statute |
Name |
Trespass/
Intrusion |
Tampering/
Destruction |
Fraud |
Unauthorized Use |
Interruption of services |
Piracy |
Privacy/
Invasion |
Punishment |
| S.D. COD. LAWS § 43-43B-1 (7) |
Unlawful uses of computer system |
|
|
X |
|
|
|
|
Class 2 Felony |
|
TENNESSEE
*
(a) Whoever knowingly, directly
or indirectly, accesses, causes to be accessed, or attempts to
access any telephone system, telecommunications facility, computer
software, computer program, data, computer, computer system,
computer network, or any part thereof, for the purpose of:
(1) Obtaining money, property,
or services for oneself or another by means of false or fraudulent
pretenses,
representations, or
promises violates this subsection (a) and is subject to the penalties
of § 39-14-105;
(2) Causing computer output to purposely be false for, but not
limited to, the purpose of obtaining money, property, or services
for oneself or another
by means of false or fraudulent pretenses, representations, or promises violates
this subsection (a) and is subject to the penalties of § 39-14-105; or
(3) Effecting the creation or alteration of a financial instrument or of an
electronic transfer of funds with the intent to disrupt, alter, misappropriate,
or commit fraud violates this subsection (a) and is subject to the penalties
of § 39-14-105.
| Statute |
Name |
Trespass/
Intrusion |
Tampering/
Destruction |
Fraud |
Unauthorized Use |
Interruption of services |
Piracy |
Privacy/
Invasion |
Punishment |
| TENN. CODE. ANN. § 39-14-602 (a)(1)–(3) |
Violations |
|
|
X |
|
|
|
|
N/A |
|
VERMONT
§ 4103.
Access to computer for fraudulent purposes
(a) A person shall not intentionally and without lawful authority
access or cause to be accessed any computer, computer system,
or computer network for any of the following purposes:
(1) executing any scheme or artifice to defraud;
(2) obtaining money, property, or services by means of false or fraudulent
pretenses, representations, or promises; or
(3) in connection with any scheme or artifice to defraud, damaging, destroying,
altering, deleting, copying, retrieving, interfering with or denial of access
to, or removing any program or data contained therein.
(b) Penalties. A person convicted of the crime of access to computer for fraudulent
purposes shall be,
(1) if the value of the matter involved does not exceed $ 500.00, imprisoned
not more than one year or fined not more than $ 500.00, or both;
(2) if the value of the matter involved does not exceed $ 500.00, for a second
or subsequent offense, imprisoned not more than two years or fined not more
than $ 1,000.00, or both; or
(3) if the value of the matter involved exceeds $ 500.00, imprisoned not more
than ten years or fined not more than $ 10,000.00, or both.
| Statute |
Name |
Trespass/
Intrusion |
Tampering/
Destruction |
Fraud |
Unauthorized Use |
Interruption of services |
Piracy |
Privacy/
Invasion |
Punishment |
| 23 VT. STAT. ANN. § 4103 |
Access to computer for fraudulent purposes |
|
|
X |
|
|
|
|
Up to ten years imprisonment |
|
VIRGINIA
§ 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 is guilty of the crime of computer fraud.
If the value of the property or services obtained is $ 200 or more, the crime
of computer fraud shall be punishable as a Class 5 felony. Where the value
of the property or services obtained is less than $ 200, the crime of computer
fraud shall be punishable as a Class 1 misdemeanor.
| Statute |
Name |
Trespass/
Intrusion |
Tampering/
Destruction |
Fraud |
Unauthorized Use |
Interruption of services |
Piracy |
Privacy/
Invasion |
Punishment |
| VA. CODE ANN. § 18.2-152.3 |
Computer fraud |
X |
|
X |
X |
|
X |
|
Class 1 Misdemeanor to Class 5 Felony. |
|
WEST
VIRGINIA
§ 61-3C-4.
Computer fraud; access to Legislature computer; criminal
penalties
(a) 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 is 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 fined and imprisoned.
(b) (1) Any person who, knowingly and willfully, directly
or indirectly, accesses, attempts to access, or causes to
be accessed any data stored in a computer owned by the Legislature
without authorization is guilty of a felony, and, upon conviction
thereof, shall be fined not more than five thousand dollars
or imprisoned in the penitentiary for not more than five
years, or both fined and imprisoned.
(2) Notwithstanding the provisions of section seventeen [§ 61-3C-17]
of this article to the contrary, in any criminal prosecution
under this subsection
against an employee or member of the Legislature, it shall not be a defense
(A) that the defendant had reasonable grounds to believe that he or she had
authorization to access the data merely because of his or her employment or
membership, or (B) that the defendant could not have reasonably known he or
she did not have authorization to access the data: Provided, That the joint
committee on government and finance shall promulgate rules for the respective
houses of the Legislature regarding appropriate access of members and staff
and others to the legislative computer system.
| Statute |
Name |
Trespass/
Intrusion |
Tampering/
Destruction |
Fraud |
Unauthorized Use |
Interruption of services |
Piracy |
Privacy/
Invasion |
Punishment |
| W. VA. CODE § 61-3C-4 |
Computer fraud |
X |
|
X |
X |
|
X |
|
Felony |
|
* In
some situations, such as with California, if a state has
dealt directly with
a particular category of
computer crime within the context of a larger encompassing
computer crime statute, we have included in our statutory
analysis a cross reference to the relevant subsection of
that state’s
statute. We have denoted states that are also listed in our
general computer crime statute section with a ‘*’.
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