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TENNESSEE
39-14-602. Violations -- Penalties
(a) Whoever knowingly, directly or indirectly, accesses, causes
to be accessed, or attempts to access any telephone system, telecommunications
facility, computer software, computer program, data, computer,
computer system, computer network, or any part thereof, for the
purpose of:
(1) Obtaining money, property, or services for oneself or another
by means of false or fraudulent pretenses, representations, or
promises violates this
subsection (a) and is subject to the penalties of § 39-14-105;
(2) Causing computer output to purposely be false for, but not limited to,
the purpose of obtaining money, property, or services for oneself or another
by means of false or fraudulent pretenses, representations, or promises violates
this subsection (a) and is subject to the penalties of § 39-14-105; or
(3) Effecting the creation or alteration of a financial instrument or of an
electronic transfer of funds with the intent to disrupt, alter, misappropriate,
or commit fraud violates this subsection (a) and is subject to the penalties
of § 39-14-105.
(b) Whoever intentionally and without authorization, directly or indirectly:
(1) Accesses any computer, computer system, or computer network commits a Class
C misdemeanor;
(2) Alters, damages, destroys, or attempts to damage or destroy, or causes
the disruption to the proper operation of any computer, or who performs an
act which is responsible for the disruption of any computer, computer system,
computer network, computer software, program, or data which resides or exists
internal or external to a computer, computer system, or computer network is
punishable as in § 39-14-105;
(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;
or
(5) Makes or causes 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 commits an offense punishable as provided in § 39-14-105.
(c) Whoever receives, conceals, uses, or aids another in receiving, concealing,
or using any proceeds resulting from a violation of either subsection (a) or
subdivision (b)(2), knowing the proceeds to be the result of such violation,
or whoever receives, conceals, uses, or aids another in receiving, concealing,
or using any books, records, documents, property, financial instrument, computer
software, program, or other material, property, or objects, knowing that the
item has been used in violating either subsection (a) or subdivision (b)(2)
is subject to the penalties of § 39-14-105.
(d) Any person who violates this section in connection with an act of terrorism
commits a Class A felony.
TEXAS
§ 33.02.
Breach of Computer Security
(a) A person commits an offense if the person knowingly accesses
a computer, computer network, or computer system without the
effective consent of the owner.
(b) An offense under this section is a Class B misdemeanor
unless in committing the offense the actor knowingly obtains
a benefit, defrauds or harms another, or alters, damages, or
deletes property, in which event the offense is:
(1) a Class A misdemeanor if
the aggregate amount involved is less than $ 1,500;
(2) a state jail felony if:
(A) the aggregate amount involved
is $ 1,500 or more but less than $ 20,000; or
(B) the aggregate amount involved
is less than $ 1,500 and the defendant has been previously convicted
two or more times of an
offense under this chapter;
(3) a felony of the third degree
if the aggregate amount involved is $20,000 or more but less
than $ 100,000;
(4) a felony of the second
degree if the aggregate amount involved is $100,000 or more
but less than $ 200,000; or
(5) a felony of the first degree
if the aggregate amount involved is $200,000 or more.
(c) When benefits are obtained, a victim is defrauded or harmed,
or property is altered, damaged, or deleted in violation of this
section, whether or not in a single incident, the conduct may
be considered as one offense and the value of the benefits obtained
and of the losses incurred because of the fraud, harm, or alteration,
damage, or deletion of property may be aggregated in determining
the grade of the offense.
(d) A person who his subject to prosecution under this section
and any other section of this code may be prosecuted under either
or both sections.
UTAH
§ 76-6-703.
Computer crimes and penalties
(1) A person who without authorization gains or attempts to
gain access to and alters, damages, destroys, discloses, or modifies
any computer, computer network, computer property, computer system,
computer program, computer data or software, and thereby causes
damage to another, or obtains money, property, information, or
a benefit for any person without legal right, is guilty of:
(a) a class B misdemeanor when:
(i) the damage caused or the value of the money, property, or benefit obtained
or sought to be obtained is less than $ 300; or
(ii) the information obtained is not confidential;
(b) a class A misdemeanor when the damage caused or the value of the money,
property, or benefit obtained or sought to be obtained is or exceeds $ 300
but is less than $ 1,000;
(c) a third degree felony when the damage caused or the value of the money,
property, or benefit obtained or sought to be obtained is or exceeds $ 1,000
but is less than $ 5,000;
(d) a second degree felony when the damage caused or the value of the money,
property, or benefit obtained or sought to be obtained is or exceeds $ 5,000;
and
(e) a third degree felony when:
(i) the property or benefit obtained or sought to be obtained is a license
or entitlement;
(ii) the damage is to the license or entitlement of another person; or
(iii) the information obtained is confidential; or
(iv) in gaining access the person breaches or breaks through a security system.
(2) A person who intentionally or knowingly and without authorization gains
or attempts to gain access to a computer, computer network, computer property,
or computer system under circumstances not otherwise constituting an offense
under this section is guilty of a class B misdemeanor.
(3) A person who uses or knowingly allows another person to use any computer,
computer network, computer property, or computer system, program, or software
to devise or execute any artifice or scheme to defraud or to obtain money,
property, services, or other things of value by false pretenses, promises,
or representations, is guilty of an offense based on the value of the money,
property, services, or things of value, in the degree set forth in Subsection
76-10-1801(1).
(4) A person who intentionally or knowingly and without authorization, interferes
with or interrupts computer services to another authorized to receive the services
is guilty of a class A misdemeanor.
(5) It is an affirmative defense to Subsections (1) and (2) that a person obtained
access or attempted to obtain access in response to, and for the purpose of
protecting against or investigating, a prior attempted or successful breach
of security of a computer, computer network, computer property, computer system
whose security the person is authorized or entitled to protect, and the access
attempted or obtained was no greater than reasonably necessary for that purpose.
WISCONSIN
943.70. Computer crimes.
(1) DEFINITIONS. In this section:
(ag) "Access" means to instruct, communicate with,
interact with, intercept, store data in, retrieve data from,
or otherwise use the resources of.
(am) "Computer" means an electronic device that performs
logical, arithmetic and memory functions by manipulating electronic
or magnetic impulses, and includes all input, output, processing,
storage, computer software and communication facilities that
are connected or related to a computer in a computer system or
computer network.
(b) "Computer network" means the interconnection of
communication lines with a computer through remote terminals
or a complex consisting of 2 or more interconnected computers.
(c) "Computer program" means an ordered set of instructions
or statements that, when executed by a computer, causes the computer
to process data.
(d) "Computer software" means a set of computer programs,
procedures or associated documentation used in the operation
of a computer system.
(dm) "Computer supplies" means punchcards, paper tape,
magnetic tape, disk packs, diskettes and computer output, including
paper and microform.
(e) "Computer system" means a set of related computer
equipment, hardware or software.
(f) "Data" means a representation of information, knowledge,
facts, concepts or instructions that has been prepared or is
being prepared in a formalized manner and has been processed,
is being processed or is intended to be processed in a computer
system or computer network. Data may be in any form including
computer printouts, magnetic storage media, punched cards and
as stored in the memory of the computer. Data are property.
(g) "Financial instrument" includes any check, draft,
warrant, money order, note, certificate of deposit, letter of
credit, bill of exchange, credit or credit card, transaction
authorization mechanism, marketable security and any computer
representation of them.
(gm) "Interruption in service" means inability to access
a computer, computer program, computer system, or computer network,
or an inability to complete a transaction involving a computer.
(h) "Property" means anything of value, including but
not limited to financial instruments, information, electronically
produced data, computer software and computer programs.
(i) "Supporting documentation" means all documentation
used in the computer system in the construction, clarification,
implementation, use or modification of the software or data.
(2) OFFENSES AGAINST COMPUTER DATA AND PROGRAMS.
(a) Whoever willfully, knowingly and without authorization does
any of the following may be penalized as provided in pars. (b)
and (c):
1. Modifies data, computer programs or supporting documentation.
2. Destroys data, computer programs or supporting documentation.
3. Accesses computer programs or supporting documentation.
4. Takes possession of data, computer programs or supporting
documentation.
5. Copies data, computer programs or supporting documentation.
6. Discloses restricted access codes or other restricted access
information to unauthorized persons.
(am) Whoever intentionally causes an interruption in service
by submitting a message, or multiple messages, to a computer,
computer program, computer system, or computer network that exceeds
the processing capacity of the computer, computer program, computer
system, or computer network may be penalized as provided in pars.
(b) and (c)
(b) Whoever violates par. (a) or (am) is guilty of:
1. A Class A misdemeanor unless any of subds. 2. to 4. applies.
2. A Class I felony if the offense is committed to defraud or
to obtain property.2. A Class E felony if the offense is committed
to defraud or to obtain property.
3. A Class E felony if the offense results in damage valued at
more than $ 1,000 but not more than $ 2,500.
3g. A Class F felony if the offense results in damage valued
at more than $ 2,500.3g. A Class C felony if the offense results
in damage valued at more than $ 2,500.
3r. A Class F felony if the offense causes an interruption or
impairment of governmental operations or public communication,
of transportation, or of a supply of water, gas, or other public
service.3r. A Class C felony if the offense causes an interruption
or impairment of governmental operations or public communication,
of transportation, or of a supply of water, gas, or other public
service.
4. A Class F felony if the offense creates a substantial and
unreasonable risk of death or great bodily harm to another.4.
A Class C felony if the offense creates a substantial and unreasonable
risk of death or great bodily harm to another.
(c) If a person disguises the identity or location of the computer
at which he or she is working while committing an offense under
par. (a) or (am) with the intent to make it less likely that
he or she will be identified with the crime, the penalties under
par. (b) may be increased as follows:
1. In the case of a misdemeanor, the maximum fine prescribed
by law for the crime may be increased by not more than $ 1,000
and the maximum term of imprisonment prescribed by law for the
crime may be increased so that the revised maximum term of imprisonment
is one year in the county jail.1. In the case of a misdemeanor,
the maximum fine prescribed by law for the crime may be increased
by not more than $ 1,000 and the maximum term of imprisonment
prescribed by law for the crime may be increased so that the
revised maximum term of imprisonment is 12 months.
2. In the case of a felony, the maximum fine prescribed by law
for the crime may be increased by not more than $ 2,500 and the
maximum term of imprisonment prescribed by law for the crime
may be increased by not more than 2 years.
(3) OFFENSES AGAINST COMPUTERS, COMPUTER EQUIPMENT OR SUPPLIES.
(a) Whoever willfully, knowingly and without authorization does
any of the following may be penalized as provided in par. (b):
1. Modifies computer equipment or supplies that are used or intended
to be used in a computer, computer system or computer network.
2. Destroys, uses, takes or damages a computer, computer system,
computer network or equipment or supplies used or intended to
be used in a computer, computer system or computer network.
(b) Whoever violates this subsection is guilty of:
1. A Class A misdemeanor unless subd. 2., 3. or 4. applies.
2. A Class I felony if the offense is committed to defraud or
obtain property.2. A Class E felony if the offense is committed
to defraud or obtain property.
3. A Class H felony if the damage to the computer, computer system,
computer network, equipment or supplies is greater than $ 2,500.3.
A Class D felony if the damage to the computer, computer system,
computer network, equipment or supplies is greater than $ 2,500.
4. A Class F felony if the offense creates a substantial and
unreasonable risk of death or great bodily harm to another.4.
A Class C felony if the offense creates a substantial and unreasonable
risk of death or great bodily harm to another.
(4) COMPUTER USE RESTRICTION. In addition to the other penalties
provided for violation of this section, a judge may place restrictions
on the offenders use of computers. The duration of any such restrictions
may not exceed the maximum period for which the offender could
have been imprisoned; except if the offense is punishable by
forfeiture, the duration of the restrictions may not exceed 90
days.
(5) INJUNCTIVE RELIEF. Any aggrieved party may sue for injunctive
relief under ch. 813 to compel compliance with this section.
In addition, owners, lessors, users or manufacturers of computers,
or associations or organizations representing any of those persons,
may sue for injunctive relief to prevent or stop the disclosure
of information which may enable another person to gain unauthorized
access to data, computer programs or supporting documentation.
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