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| Statutes by State - Computer
Trespass |
KANSAS
(d) Computer trespass is intentionally, and without authorization
accessing or attempting to access any computer, computer system,
computer network or computer software, program, documentation,
data or property contained in any computer, computer system or
computer network. Computer trespass is a class A nonperson misdemeanor.
NORTH
CAROLINA
§ 14-458.
Computer trespass; penalty
(a) Except as otherwise made unlawful by this Article, it shall
be unlawful for any person to use a computer or computer network
without authority and with the intent to do any of the following:
(1) Temporarily or permanently remove, halt, or otherwise disable any computer
data, computer programs, or computer software from a computer or computer network.
(2) Cause a computer to malfunction, regardless of how long the malfunction
persists.
(3) Alter or erase any computer data, computer programs, or computer software.
(4) Cause physical injury to the property of another.
(5) Make or cause to be made an unauthorized copy, in any form, including,
but not limited to, any printed or electronic form of computer data, computer
programs, or computer software residing in, communicated by, or produced by
a computer or computer network.
(6) Falsely identify with the intent to deceive or defraud the recipient or
forge commercial electronic mail transmission information or other routing
information in any manner in connection with the transmission of unsolicited
bulk commercial electronic mail through or into the computer network of an
electronic mail service provider or its subscribers.
For purposes of this subsection, a person is "without authority" when
(i) the person has no right or permission of the owner to use a computer, or
the person uses a computer in a manner exceeding the right or permission, or
(ii) the person uses a computer or computer network, or the computer services
of an electronic mail service provider to transmit unsolicited bulk commercial
electronic mail in contravention of the authority granted by or in violation
of the policies set by the electronic mail service provider.
(b) Any person who violates this section shall be guilty of computer trespass,
which offense shall be punishable as a Class 3 misdemeanor. If there is damage
to the property of another and the damage is valued at less than two thousand
five hundred dollars ($ 2,500) caused by the person's act in violation of this
section, the offense shall be punished as a Class 1 misdemeanor. If there is
damage to the property of another valued at two thousand five hundred dollars
($ 2,500) or more caused by the person's act in violation of this section,
the offense shall be punished as a Class I felony.
(c) Any person whose property or person is injured by reason of a violation
of this section may sue for and recover any damages sustained and the costs
of the suit pursuant to G.S. 1-539.2A.
OKLAHOMA
*
A. It shall be unlawful to:
4. Willfully and without authorization, gain or attempt to
gain access to a computer, computer system, computer network
or any other property;
PENNSYLVANIA
§ 7615.
Computer trespass
(a) OFFENSE DEFINED.-- A person commits the offense of computer
trespass if he knowingly and without authority or in excess of
given authority uses a computer or computer network with the
intent to:
(1) temporarily or permanently remove computer data, computer programs
or computer software from a computer or computer network;
(2) cause a computer to malfunction, regardless of the amount of time
the malfunction persists;
(3) alter or erase any computer data, computer programs or computer
software;
(4) effect the creation or alteration of a financial instrument or of
an electronic transfer of funds; or
(5) cause physical injury to the property of another.
(b) GRADING.-- An offense under this section shall constitute a felony of the
third degree.
RHODE
ISLAND
§ 11-52-4.1.
Computer trespass
(a) It shall be unlawful for any person to use a computer or
computer network without authority and with the intent to:
(1) Temporarily or permanently remove, halt, or otherwise disable any computer
data, computer programs, or computer software from a computer or computer network;
(2) Cause a computer to malfunction regardless of how long the malfunction
persists;
(3) Alter or erase any computer data, computer programs, or computer software;
(4) Effect the creation or alteration of a financial instrument or of an electronic
transfer of funds;
(5) Cause physical injury to the property of another;
(6) Make or cause to be made an unauthorized copy, in any form, including,
but not limited to, any printed or electronic form of computer data, computer
programs, or computer software residing in, communicated by, or produced by
a computer or computer network;
(7) Forge e-mail header information or other Internet routine information for
the purpose of sending unsolicited bulk electronic mail through or into the
facilities of an electronic mail service provider or its subscribers; or
(8) To sell, give or otherwise distribute or possess with the intent to sell,
give or distribute software which is designed to facilitate or enable the forgery
of electronic mail header information or other Internet routing information
for the purpose of sending unsolicited bulk electronic mail through or into
the facilities of an electronic mail service provider or its subscribers.
(b) Nothing in this section shall be construed to interfere with or prohibit
terms or conditions in a contract or license related to computers, computer
data, computer networks, computer operations, computer programs, computer services,
or computer software or to create any liability by reason of terms or conditions
adopted by, or technical measures implemented by, a Rhode Island-based electronic
mail service provider to prevent the transmission of unsolicited bulk electronic
mail in violation of this chapter.
TENNESSEE
*
(b) Whoever intentionally and
without authorization, directly or indirectly:
(1) Accesses any computer, computer system, or computer network commits a Class
C misdemeanor;
VIRGINIA
§ 18.2-152.4.
Computer trespass; penalty
A. It shall be unlawful for any person to use a computer or
computer network without authority and with the intent to:
1. Temporarily or permanently remove, halt, or otherwise disable any computer
data, computer programs, or computer software from a computer or computer network;
2. Cause a computer to malfunction, regardless of how long the malfunction
persists;
3. Alter or erase any computer data, computer programs, or computer software;
4. Effect the creation or alteration of a financial instrument or of an electronic
transfer of funds;
5. Cause physical injury to the property of another; or
6. Make or cause to be made an unauthorized copy, in any form, including, but
not limited to, any printed or electronic form of computer data, computer programs,
or computer software residing in, communicated by, or produced by a computer
or computer network
7. [Repealed].
B. Any person who violates this section shall be guilty of computer trespass,
which offense shall be punishable as a Class 1 misdemeanor. If there is damage
to the property of another valued at $ 2,500 or more caused by such person's
malicious act in violation of this section, the offense shall be punishable
as a Class 6 felony.
C. Nothing in this section shall be construed to interfere with or prohibit
terms or conditions in a contract or license related to computers, computer
data, computer networks, computer operations, computer programs, computer services,
or computer software or to create any liability by reason of terms or conditions
adopted by, or technical measures implemented by, a Virginia-based electronic
mail service provider to prevent the transmission of unsolicited electronic
mail in violation of this article. Nothing in this section shall be construed
to prohibit the monitoring of computer usage of, the otherwise lawful copying
of data of, or the denial of computer or Internet access to a minor by a parent
or legal guardian of the minor.
WASHINGTON § 9A.52.110.
Computer trespass in the first degree
(1) A person is guilty of computer trespass in the first
degree if the person, without authorization, intentionally
gains access to a computer system or electronic data base
of another; and
(a) The access is made with the intent to commit another crime; or
(b) The violation involves a computer or data base maintained by a government
agency.
(2) Computer trespass in the first degree is a class C felony.
§ 9A.52.120. Computer trespass
in the second degree
(1) A person is guilty of computer trespass in the second
degree if the person, without authorization, intentionally
gains access to a computer system or electronic data base
of another under circumstances not constituting the offense
in the first degree.
(2) Computer trespass in the second degree is a gross 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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