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COMPUTER TRESPASS

Computer trespass is directed generally towards computer hackers. A key element for all computer trespass offenses is lack of authorization to access a computer or computer system. An offender does not often require the intent to use the accessed computer system to commit or aid the commission of a felony, but only have in fact accessed computer material.

Jump to a State for Computer Tresspass:
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ARKANSAS

§ 5-41-104. Computer trespass

(a) Any person commits computer trespass who intentionally and without authorization accesses, alters, deletes, damages, destroys, or disrupts any computer, computer system, computer network, computer program, or data.
(b) Computer trespass is a Class C misdemeanor if it is a first violation which does not cause any loss or damage.
(c) Computer trespass is a Class B misdemeanor if:
(1) It is a second or subsequent violation which does not cause any loss or damage; or
(2) It is a violation which causes loss or damage of less than five hundred dollars ($ 500).
(d) Computer trespass is a Class A misdemeanor if it is a violation which causes loss or damage of five hundred dollars ($ 500) or more, but less than two thousand five hundred dollars ($ 2,500).
(e) Computer trespass is a Class D felony if it is a violation which causes loss or damage of two thousand five hundred dollars ($ 2,500) or more.

Statute Name Trespass/
Intrusion
Tampering/
Destruction
Fraud Unauthorized Use Interruption of services Piracy Privacy/
Invasion
Punishment
ARK. CODE ANN. § 5-41-104 Computer trespass X X   X X     Class C Misdemeanor to Class D Felony
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CALIFORNIA *

Section 501 excerpt:

(c) Except as provided in subdivision (h), any person who commits any of the following acts is guilty of a public offense:

(6) Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or computer network in violation of this section.

(7) Knowingly and without permission accesses or causes to be accessed any computer, computer system, or computer network.

Statute Name Trespass/
Intrusion
Tampering/
Destruction
Fraud Unauthorized Use Interruption of services Piracy Privacy/
Invasion
Punishment
CAL. PENAL CODE § 501 (C) (6) and (c)(7) N/A X             Up to 3 years imprisonment
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COLORADO *

Excerpt of Section 18-5.5-102
(1) A person commits computer crime if the person knowingly:
(a) Accesses a computer, computer network, or computer system or any part thereof without authorization; exceeds authorized access to a computer, computer network, or computer system or any part thereof; or uses a computer, computer network, or computer system or any part thereof without authorization or in excess of authorized access;

Statute Name Trespass/
Intrusion
Tampering/
Destruction
Fraud Unauthorized Use Interruption of services Piracy Privacy/
Invasion
Punishment
COL. REV. STAT. § 18-5.5-102 (1)(a) Computer crime X             Class 3 Misdemeanor to Class 3 Felony
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NEW YORK

§ 156.10. Computer trespass

A person is guilty of computer trespass when he knowingly uses or causes to be used a computer or computer service without authorization and:
1. he does so with an intent to commit or attempt to commit or further the commission of any felony; or
2. he thereby knowingly gains access to computer material. Computer trespass is a class E felony.

Statute Name Trespass/
Intrusion
Tampering/
Destruction
Fraud Unauthorized Use Interruption of services Piracy Privacy/
Invasion
Punishment
NY PENAL LAW § 156.10 Computer trespass X             Class E Felony
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GEORGIA

(b) Computer Trespass. Any person who uses a computer or computer network with knowledge that such use is without authority and with the intention of:
(1) Deleting or in any way removing, either temporarily or permanently, any computer program or data from a computer or computer network;
(2) Obstructing, interrupting, or in any way interfering with the use of a computer program or data; or
(3) Altering, damaging, or in any way causing the malfunction of a computer, computer network, or computer program, regardless of how long the alteration, damage, or malfunction persists

Statute Name Trespass/
Intrusion
Tampering/
Destruction
Fraud Unauthorized Use Interruption of services Piracy Privacy/
Invasion
Punishment
GEO. CODE. ANN. § 16-9-93(b) Computer trespass X X   X X     Up to 15 years imprisonment
Key to Table Elements | Top

INDIANA

§ 35-43-2-3. Computer trespass

(a) As used in this section:

"Access" means to:
(1) approach;
(2) instruct;
(3) communicate with;
(4) store data in;
(5) retrieve data from; or
(6) make use of resources of;

a computer, computer system, or computer network.

"Computer network" means the interconnection of communication lines or wireless telecommunications with a computer or wireless telecommunication device through:
(1) remote terminals;
(2) a complex consisting of two (2) or more interconnected computers; or
(3) a worldwide collection of interconnected networks operating as the Internet.

"Computer system" means a set of related computer equipment, software, or hardware.
(b) A person who knowingly or intentionally accesses:
(1) a computer system;
(2) a computer network; or
(3) any part of a computer system or computer network;

without the consent of the owner of the computer system or computer network, or the consent of the owner's licensee, commits computer trespass, a Class A misdemeanor.

Statute Name Trespass/
Intrusion
Tampering/
Destruction
Fraud Unauthorized Use Interruption of services Piracy Privacy/
Invasion
Punishment
IND. CODE § 35-43-2-3 Computer trespass X X   X X     Class A Misdemeanor
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 ‘*’.