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Statutes by State - Computer Tampering
Last updated May 2004
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NEW HAMPSHIRE *

III. A person is guilty of the computer crime of interruption of computer services when the person, 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 or computer network.
IV. A person is guilty of the computer crime of misuse of computer or computer network information when:
(a) As a result of his or her accessing or causing to be accessed a computer or computer network, the person 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 or computer network; or
(b) The person knowingly or recklessly and without authorization:
(1) Alters, deletes, tampers with, damages, destroys, or takes data intended for use by a computer or computer network, whether residing within or external to a computer or computer network; or
(2) Intercepts or adds to data residing within a computer or computer network; or
(c) The person knowingly receives or retains data obtained in violation of subparagraph (a) or (b) of this paragraph; or
(d) The person knowingly uses or discloses any data he or she 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 or she, without authorization, knowingly or recklessly tampers with, takes, transfers, conceals, alters, damages, or destroys any equipment used in a computer or computer network, or knowingly or recklessly causes any of the foregoing to occur.
VI. A person is guilty of the computer crime of computer contamination if such person knowingly introduces, or causes to be introduced, a computer contaminant into any computer, computer program, or computer network which results in a loss of property or computer services.

Statute Name Trespass/
Intrusion
Tampering/
Destruction
Fraud Unauthorized Use Interruption of services Piracy Privacy/
Invasion
Punishment
N.H. STAT. ANN 638:17.IV–VI. Computer related offenses   X     X   X Up to Class A Felony
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NEW YORK

§ 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.
§ 156.26. 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.
§ 156.25. 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 eleven 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.
§ 156.20. 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.

Statute Name Trespass/
Intrusion
Tampering/
Destruction
Fraud Unauthorized Use Interruption of services Piracy Privacy/
Invasion
Punishment
N.Y. PENAL LAW § 156.20 Computer tampering in the 4th X X   X X     Class A Misdemeanor
N.Y. PENAL LAW § 156.25 Computer tampering in the 3rd X X X X X     Class E Felony
N.Y. PENAL LAW § 156.26 Computer tampering in the 2nd X X X X X     Class D Felony
N.Y. PENAL LAW § 156.17 Computer tampering in the 1st X X X X X     Class C Felony
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ILLINOIS
§ 720 ILCS 5/16D-3

Sec. 16D-3. Computer Tampering. (a) A person commits the offense of computer tampering when he knowingly and without the authorization of a computer’s owner, as defined in Section 15-2 of this Code [720 ILCS 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”;

(5) Falsifies or forges electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers;

(a-5) It shall be unlawful for any person knowingly to sell, give, or otherwise distribute or possess with the intent to sell, give, or distribute software which (1) is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information; (2) has only a limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or (3) is marketed by that person or another acting in concert with that person with that person’s knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.

(b) Sentence.

(1) A person who commits the offense of computer tampering as set forth in subsection (a)(1), (a)(5), or (a-5) 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.

(4) If the injury arises from the transmission of unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover attorney’s fees and costs, and may elect, in lieu of actual damages, to recover the lesser of $ 10 for each and every unsolicited bulk electronic mail message transmitted in violation of this Section, or $ 25,000 per day. The injured person shall not have a cause of action against the electronic mail service provider that merely transmits the unsolicited bulk electronic mail over its computer network.

(5) If the injury arises from the transmission of unsolicited bulk electronic mail, an injured electronic mail service provider may also recover attorney’s fees and costs, and may elect, in lieu of actual damages, to recover the greater of $ 10 for each and every unsolicited electronic mail advertisement transmitted in violation of this Section, or $ 25,000 per day.

(6) 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.

(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.

Statute Name Trespass/
Intrusion
Tampering/
Destruction
Fraud Unauthorized Use Interruption of services Piracy Privacy/
Invasion
Punishment
ILL. COMP. STAT. § 5/16D-3 Computer tampering X X X X X     Class B Misdemeanor to Class 3 Felony.
Key to Table Elements | Top


*
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 ‘*’.