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| Statutes by State - Computer
Tampering |
INDIANA
§ 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. However, the offense is a:
(1) Class C felony if the offense is committed for the purpose
of terrorism; and
(2) Class B felony if the offense is committed for the purpose
of terrorism and results in serious bodily injury to a person.
LOUISIANA
§ 73.7 Computer tampering
A. Computer tampering is the intentional commission of any
of the actions enumerated in this Subsection when that action
is taken knowingly and without the authorization of the owner
of a computer:
(1) Accessing or causing to be accessed a computer or any
part of a computer or any program or data contained within
a computer.
(2) Copying or otherwise obtaining any program or data contained
within a computer.
(3) Damaging or destroying a computer, or altering, deleting,
or removing any program or data contained within a computer,
or eliminating or reducing the ability of the owner of the
computer to access or utilize the computer or any program or
data contained within the computer.
(4) Introducing or attempting to introduce any electronic information
of any kind and in any form into one or more computers, either
directly or indirectly, and either simultaneously or sequentially,
with the intention of damaging or destroying a computer, or
altering, deleting, or removing any program or data contained
within a computer, or eliminating or reducing the ability of
the owner of the computer to access or utilize the computer
or any program or data contained within the computer.
B. For purposes of this Section:
(1) Actions which are taken without authorization include
actions which intentionally exceed the limits of authorization.
(2) If an owner of a computer has established a confidential
or proprietary code which is required in order to access a
computer, and that code has not been issued to a person, and
that person uses that code to access that computer or to cause
that computer to be accessed, that action creates a rebuttable
presumption that the action was taken without authorization
or intentionally exceeded the limits of authorization.
(3) The vital services or operations of the state, or of any
parish, municipality, or other local governing authority, or
of any utility company are the services or operations which
are necessary to protect the public health, safety, and welfare,
and include but are not limited to: law enforcement; fire protection;
emergency services; health care; transportation; communications;
drainage; sewerage; and utilities, including water, electricity,
and natural gas and other forms of energy.
C. Whoever commits the crime of computer tampering as defined
in Paragraphs (A)(1) and (2) of this Section shall be fined
not more than five hundred dollars or imprisoned for not more
that six months, or both.
D. Whoever commits the crime of computer tampering as defined
in Paragraphs (A)(3) and (4) of this Section shall be fined
not more than ten thousand dollars or imprisoned, with or without
hard labor, for not more that five years, or both.
E. Whoever violates the crime of computer tampering as defined
in Paragraphs (A)(3) and (4) of this Section with the intention
of disrupting the vital services or operations of the state,
or of any parish, municipality, or other local governing authority,
or of any utility company, or with the intention of causing
death or great bodily harm to one or more persons, shall be
fined not more than ten thousand dollars or imprisoned at hard
labor for not more that fifteen years, or both.
MISSOURI
§ 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 access 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 five hundred dollars
or more, in which case tampering with computer data is a class D felony.
OKALAHOMA
*
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;
SOUTH
DAKOTA *
A person is guilty of
unlawful use of a computer system, software, or data if the
person:
(6) Knowingly modifies, changes, or alters software or data, without the consent
of the owner;
(8) Knowingly destroys or disables a computer system, without consent of the
owner; or
(9) Knowingly destroys or disables software or computer data, without consent
of the owner.
PENNSYLVANIA
§ 7613.
Computer theft
(a) OFFENSE DEFINED.-- A person commits an offense if he
unlawfully accesses or exceeds his authorization to access
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 of another with the intent to deprive him
thereof.
(b) GRADING.-- An offense under this section shall constitute a felony of the
third degree.
2 See Unlawful Duplication, 18 PA. CONS.
STAT. § 7614 (2003)
(dealing explicitly with piracy).
TENNESSEE *
(b) Whoever intentionally
and without authorization, directly or indirectly:
(3) Introduces or is responsible for the malicious input of any computer contaminant
into any computer, computer system, or computer network commits a Class B misdemeanor;
(4) Accesses, causes to be accessed, or attempts to access any computer software,
computer network, or any part thereof, for the purpose of maliciously gaining
access to computer material or to tamper maliciously with computer security devices
including, but not limited to, system hackers, commits a Class A misdemeanor;
* 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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