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COMPUTER TAMPERING
Computer tampering statutes
tend to be broad in nature and most seek to proscribe unauthorized
modifications of computer programs or the way in which a computer
or computer network operates. Because of their broad scope, computer
tampering statutes can be used as a catchall when a state lacks
other statutes expressly punishing particular computer-related
criminal activities. Computer tampering charges can often be
brought together with other charges, and because of their often
lenient penalties should only brought without other offenses
where a state lacks alternative substantial means to prosecute
an offender.
ARIZONA
§ 13-2316. Computer tampering; venue; forfeiture; classification
A. A person who acts without authority or who
exceeds authorization of use commits computer tampering by:
1. Accessing, altering, damaging or destroying
any computer, computer system or network, or any part of a computer,
computer system or network, with the intent to devise or execute
any scheme or artifice to defraud or deceive, or to control property
or services by means of false or fraudulent pretenses, representations
or promises.
2. Knowingly altering, damaging, deleting or
destroying computer programs or data.
3. Knowingly introducing a computer contaminant
into any computer, computer system or network.
4. Recklessly disrupting or causing the disruption
of computer, computer system or network services or denying or
causing the denial of computer or network services to any authorized
user of a computer, computer system or network.
5. Recklessly using a computer, computer system
or network to engage in a scheme or course of conduct that is
directed at another person and that seriously alarms, torments,
threatens or terrorizes the person. For the purposes of this
paragraph, the conduct must both:
(a) Cause a reasonable person to suffer substantial
emotional distress.
(b) Serve no legitimate purpose.
6. Preventing a computer
user from exiting a site, computer system or network-connected
location in order
to compel the user’s computer to continue communicating
with, connecting to or displaying the content of the service,
site or system.
7. Knowingly obtaining any information that
is required by law to be kept confidential or any records that
are not public records by accessing any computer, computer system
or network that is operated by this state, a political subdivision
of this state or a medical institution.
8. Knowingly accessing any computer, computer
system or network or any computer software, program or data that
is contained in a computer, computer system or network.
B. In addition to section 13-109, a prosecution
for a violation of this section may be tried in any of the following
counties:
1. The county in which the victimized computer,
computer system or network is located.
2. The county in which the computer, computer
system or network that was used in the commission of the offense
is located or in which any books, records, documents, property,
financial instruments, computer software, data, access devices
or instruments of the offense were used.
3. The county in which
any authorized user was denied service or in which an authorized
user’s service
was interrupted.
4. The county in which critical infrastructure
resources were tampered with or affected.
C. On conviction of a violation of this section,
the court shall order that any computer system or instrument
of communication that was owned or used exclusively by the defendant
and that was used in the commission of the offense be forfeited
and sold, destroyed or otherwise properly disposed.
D. A violation of subsection A, paragraph 6
of this section constitutes an unlawful practice under section
44-1522 and is in addition to all other causes of action, remedies
and penalties that are available to this state. The attorney
general may investigate and take appropriate action pursuant
to title 44, chapter 10, article 7.
E. Computer tampering pursuant to subsection
A, paragraph 1 of this section is a class 3 felony. Computer
tampering pursuant to subsection A, paragraph 2, 3 or 4 of this
section is a class 4 felony, unless the computer, computer system
or network tampered with is a critical infrastructure resource,
in which case it is a class 2 felony. Computer tampering pursuant
to subsection A, paragraph 5 of this section is a class 5 felony.
Computer tampering pursuant to subsection A, paragraph 7 or 8
of this section is a class 6 felony.
1 Under the Arizona statute the interruption
of services requirement are strict in that the interruption must
both a) cause a reasonable person to suffer substantial
emotional distress and b) serve no legitimate purpose.
CALIFORNIA *
(c) Except as provided in subdivision (h), any person who commits any of the
following acts is guilty of a public offense:
(4) Knowingly accesses and without permission adds, alters,
damages, deletes, or destroys any data, computer software,
or computer programs which reside or exist internal or external
to a computer, computer system, or computer network.
COLORADO *
Excerpt of Section 18-5.5-102
(1) A person commits computer crime if the person knowingly:
(e) Without authorization or in excess of authorized access
alters, damages, interrupts, or causes the interruption or
impairment of the proper functioning of, or causes any damage
to, any computer, computer network, computer system, computer
software, program, application, documentation, or data contained
in such computer, computer network, or computer system or any
part thereof;
FLORIDA
§ 815.04. Offenses
against intellectual property; public records exemption
(1) Whoever willfully, knowingly, and without authorization
modifies data, programs, or supporting documentation residing
or existing internal or external to a computer, computer system,
or computer network commits an offense against intellectual property.
(2) Whoever willfully, knowingly, and without authorization destroys
data, programs, or supporting documentation residing or existing
internal or external to a computer, computer system, or computer
network commits an offense against intellectual property.
(3) (a) Data, programs, or supporting documentation which is
a trade secret as defined in s. 812.081 which resides or exists
internal or external to a computer, computer system, or computer
network which is held by an agency as defined in chapter 119
is confidential and exempt from the provisions of s. 119.07(1)
and s. 24(a), Art. I of the State Constitution.
(b) Whoever willfully, knowingly, and without authorization discloses or takes
data, programs, or supporting documentation which is a trade secret as defined
in s. 812.081 or is confidential as provided by law residing or existing internal
or external to a computer, computer system, or computer network commits an
offense against intellectual property.
(4) (a) Except as otherwise provided in this subsection, an offense against
intellectual property is a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.
(b) If the offense is committed for the purpose of devising or executing any
scheme or artifice to defraud or to obtain any property, then the offender
is guilty of a felony of the second degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
LOUISIANA
§ 73.3 Offenses against
computer equipment or supplies
A. An offense against computer equipment or supplies is the
intentional modification or destruction, without consent, of
computer equipment or supplies used or intended to be used in
a computer, computer system, or computer network.
B. (1) Whoever commits an offense against computer equipment
or supplies shall be fined not more than five hundred dollars,
or be imprisoned for not more than six months, or both.
(2) However, when the damage or loss amounts to a value of
five hundred dollars or more, the offender may be fined not more
than ten thousand dollars, or imprisoned with or without hard
labor, for not more than five years, or both.
MICHIGAN
§ 752.795.
Prohibited conduct.
Sec. 5. A person shall not intentionally and without authorization
or by exceeding valid authorization do any of the following:
(a) Access or cause access to be made to a computer program, computer, computer
system, or computer network to acquire, alter, damage, delete, or destroy property
or otherwise use the service of a computer program, computer, computer system,
or computer network.
(b) 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. This subdivision does not prohibit conduct protected under
section 5 of article I of the state constitution of 1963 or under the first
amendment of the constitution of the United States.
MISSISSIPPI
§ 97-45-9.
Offense against intellectual property; penalties (1) An offense against intellectual property is the intentional:
(a) Destruction, insertion or modification, without consent, of intellectual
property; or
(b) Disclosure, use, copying, taking or accessing, without consent, of intellectual
property.
(2) Whoever commits an offense against intellectual property 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 amounts to a value of One Hundred
Dollars ($ 100.00) 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.
(3) The provisions of this section shall not apply to the disclosure, use,
copying, taking, or accessing by proper means as defined in this chapter.
* 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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