| |
| Statutes by State - Computer
Tampering |
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.
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.
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.
* 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 ‘*’.
|