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.
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.
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.
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;
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.
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
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.
* 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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