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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
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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
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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
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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
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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
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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
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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.
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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
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*
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 ‘*’.