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GENERAL COMPUTER CRIME
STATUTES
General
computer crime statutes attempt to prohibit many different
types of computer-related criminal activities within a single
statute. Because such statutes attempt to cover a wide range
of computer-related criminal activity without headings detailing
exactly what each section or clause seeks to proscribe, it
can often be difficult to determine what types of conduct may
be prosecuted. The following is an attempt to ascertain what
types of general conduct may be prosecuted under the computer
crime statutes of the following states.
ALABAMA1
§ 13A-8-102. Offenses against intellectual
property
(a) Whoever willfully, knowingly, and without authorization
or without reasonable grounds to believe that he has such authorization,
attempts or achieves access, communication, examination, or modification
of data, computer programs, or supporting documentation residing
or existing internal or external to a computer, computer system,
or computer network commits an offense against intellectual property.
(b) Whoever willfully, knowingly, and without authorization or
without reasonable grounds to believe that he has such authorization,
destroys data, computer programs, or supporting documentation
residing or existing internal or external to a computer, computer
system, or computer network commits an offense against intellectual
property.
(c) Whoever willfully, knowingly, and without authorization or
without reasonable grounds to believe that he has such authorization,
discloses, uses, or takes data, computer programs, or supporting
documentation residing or existing internal or external to a
computer, computer system, or computer network commits an offense
against intellectual property.
(d) (1) Except as otherwise provided in this subsection, an offense
against intellectual property is a Class A misdemeanor, punishable
as provided by law.
(2) 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 Class C felony, punishable as provided by law.
(3) If the damage to such intellectual property is $ 2,500.00 or greater, or
if there is an interruption or impairment of governmental operation or public
communication, transportation, or supply of water, gas, or other public or
utility service, then the offender is guilty of a Class B felony, punishable
as provided by law.
(4) Whoever willfully, knowingly, and without authorization alters or removes
data causing physical injury to any person who is not involved in said act
shall be guilty of a Class A felony, punishable as provided by law.
| 1 Alabama’s
offenses against intellectual property statute is the state’s
only statute directed towards computer-related criminal
activity and is thus intended to be construed broadly. |
CALIFORNIA
(c) Except as provided in subdivision
(h), any person who commits any of the following acts is guilty
of a public offense:
(1) Knowingly accesses and
without permission alters, damages, deletes, destroys, or otherwise
uses any data, computer, computer
system, or computer network in order to either (A) devise or
execute any scheme or artifice to defraud, deceive, or extort,
or (B) wrongfully control or obtain money, property, or data.
(2)
Knowingly accesses and without permission takes, copies, or makes
use of any data from a computer, computer system, or
computer network, or takes or copies any supporting documentation,
whether existing or residing internal or external to a computer,
computer system, or computer network.
(3) Knowingly and without
permission uses or causes to be used computer services.
(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.
(5) Knowingly
and without permission disrupts or causes the disruption of computer
services or denies or causes the denial
of computer services to an authorized user of a computer, computer
system, or computer network.
(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.
(8) Knowingly introduces
any computer contaminant into any computer, computer system,
or computer network.
(9) Knowingly and without permission uses
the Internet domain name of another individual, corporation,
or entity in connection
with the sending of one or more electronic mail messages, and
thereby damages or causes damage to a computer, computer system,
or computer network.
(d)(1) Any person who violates any of the
provisions of paragraph (1), (2), (4), or (5) of subdivision
(c) is punishable by a fine
not exceeding ten thousand dollars ($ 10,000), or by imprisonment
in the state prison for 16 months, or two or three years, or
by both that fine and imprisonment, or by a fine not exceeding
five thousand dollars ($ 5,000), or by imprisonment in a county
jail not exceeding one year, or by both that fine and imprisonment.
(2) Any person who violates paragraph (3) of subdivision (c)
is punishable as follows:
(A) For the first violation
that does not result in injury, and where the value of the computer
services used does not exceed
four hundred dollars ($ 400), by a fine not exceeding five thousand
dollars ($ 5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
(B) For any violation
that results in a victim expenditure in an amount greater than
five thousand dollars ($ 5,000) or
in an injury, or if the value of the computer services used exceeds
four hundred dollars ($ 400), or for any second or subsequent
violation, by a fine not exceeding ten thousand dollars ($ 10,000),
or by imprisonment in the state prison for 16 months, or two
or three years, or by both that fine and imprisonment, or by
a fine not exceeding five thousand dollars ($ 5,000), or by imprisonment
in a county jail not exceeding one year, or by both that fine
and imprisonment.
(3) Any person who violates paragraph (6) or
(7) of subdivision (c) is punishable as follows:
(A) For a first
violation that does not result in injury, an infraction punishable
by a fine not exceeding one thousand dollars
($ 1,000).
(B) For any violation that results in a victim expenditure
in an amount not greater than five thousand dollars ($ 5,000),
or for a second or subsequent violation, by a fine not exceeding
five thousand dollars ($ 5,000), or by imprisonment in a county
jail not exceeding one year, or by both that fine and imprisonment.
(C)
For any violation that results in a victim expenditure in an
amount greater than five thousand dollars ($ 5,000), by
a fine not exceeding ten thousand dollars ($ 10,000), or by imprisonment
in the state prison for 16 months, or two or three years, or
by both that fine and imprisonment, or by a fine not exceeding
five thousand dollars ($ 5,000), or by imprisonment in a county
jail not exceeding one year, or by both that fine and imprisonment.
(4) Any person who violates paragraph (8) of subdivision (c)
is punishable as follows:
(A) For a first violation that
does not result in injury, a misdemeanor punishable by a fine
not exceeding five thousand
dollars ($ 5,000), or by imprisonment in a county jail not exceeding
one year, or by both that fine and imprisonment.
(B) For any violation
that results in injury, or for a second or subsequent violation,
by a fine not exceeding ten thousand
dollars ($ 10,000), or by imprisonment in a county jail not exceeding
one year, or in the state prison, or by both that fine and imprisonment.
(5)
Any person who violates paragraph (9) of subdivision (c) is punishable
as follows:
(A) For a first violation that does not result in injury, an
infraction punishable by a fine not one thousand dollars .
COLORADO
18-5.5-102. Computer crime
(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; or
(b) Accesses any computer, computer network, or computer system, or any part
thereof for the purpose of devising or executing any scheme or artifice to
defraud; or
(c) Accesses any computer, computer network, or computer system, or any part
thereof to obtain, by means of false or fraudulent pretenses, representations,
or promises, money; property; services; passwords or similar information through
which a computer, computer network, or computer system or any part thereof
may be accessed; or other thing of value; or
(d) Accesses any computer, computer network, or computer system, or any part
thereof to commit theft; or
(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; or
(f) Causes the transmission of a computer program, software, information, code,
data, or command by means of a computer, computer network, or computer system
or any part thereof with the intent to cause damage to or to cause the interruption
or impairment of the proper functioning of or that actually causes damage to
or the interruption or impairment of the proper functioning of any computer,
computer network, computer system, or part thereof.
(2) (Deleted by amendment, L. 2000, p. 695, § 8, effective July 1, 2000.)
(3) (a) Except as provided in paragraph (b) of this subsection (3), if the
loss, damage, value of services, or thing of value taken, or cost of restoration
or repair caused by a violation of this section is less than one hundred dollars,
computer crime is a class 3 misdemeanor; if one hundred dollars or more but
less than five hundred dollars, computer crime is a class 2 misdemeanor; if
five hundred dollars or more but less than fifteen thousand dollars, computer
crime is a class 4 felony; if fifteen thousand dollars or more, computer crime
is a class 3 felony.
(b) Computer crime committed in violation of paragraph (a) of subsection (1)
of this section is a class 2 misdemeanor; except that, if the person has previously
been convicted under this section, a previous version of this section, or a
statute of another state of similar content and purport, computer crime committed
in violation of paragraph (a) of subsection (1) of this section is a class
6 felony.
CONNECTICUT
§ 53-451.
Computer crimes.
(a) Definitions. As used in sections 53-451 to 53-453, inclusive,
unless the context clearly requires otherwise:
(1) "Computer" means an electronic, magnetic or optical
device or group of devices that, pursuant to a computer program,
human instruction or permanent instructions contained in the
device or group of devices, can automatically perform computer
operations with or on computer data and can communicate the results
to another computer or to a person. "Computer" includes
any connected or directly related device, equipment or facility
that enables the computer to store, retrieve or communicate computer
programs, computer data or the results of computer operations
to or from a person, another computer or another device.
(2) "Computer data" means any representation of information,
knowledge, facts, concepts or instructions that is being prepared
or has been prepared and is intended to be processed, is being
processed or has been processed in a computer or computer network. "Computer
data" may be in any form, whether readable only by a computer
or only by a human or by either, including, but not limited to,
computer printouts, magnetic storage media, punched cards or
stored internally in the memory of the computer.
(3) "Computer network" means a set of related, remotely
connected devices and any communications facilities including
more than one computer with the capability to transmit data among
them through the communications facilities.
(4) "Computer operation" means arithmetic, logical,
monitoring, storage or retrieval functions and any combination
thereof, and includes, but is not limited to, communication with,
storage of data to or retrieval of data from any device or human
hand manipulation of electronic or magnetic impulses. A "computer
operation" for a particular computer may also be any function
for which that computer was generally designed.
(5) "Computer program" means an ordered set of data
representing coded instructions or statements that, when executed
by a computer, causes the computer to perform one or more computer
operations.
(6) "Computer services" means computer time or services
including data processing services, Internet services, electronic
mail services, electronic message services or information or
data stored in connection therewith.
(7) "Computer software" means a set of computer programs,
procedures and associated documentation concerned with computer
data or with the operation of a computer, computer program or
computer network.
(8) "Electronic mail service provider" means any person
who (A) is an intermediary in sending or receiving electronic
mail, and (B) provides to end-users of electronic mail services
the ability to send or receive electronic mail.
(9) "Financial instrument" includes, but is not limited
to, any check, draft, warrant, money order, note, certificate
of deposit, letter of credit, bill of exchange, credit or debit
card, transaction authorization mechanism, marketable security
or any computerized representation thereof.
(10) "Owner" means an owner or lessee of a computer
or a computer network, or an owner, lessee or licensee of computer
data, computer programs or computer software.
(11) "Person" means a natural person, corporation,
limited liability company, trust, partnership, incorporated or
unincorporated association and any other legal or governmental
entity, including any state or municipal entity or public official.
(12) "Property" means: (A) Real property; (B) computers
and computer networks; (C) financial instruments, computer data,
computer programs, computer software and all other personal property
regardless of whether they are: (i) Tangible or intangible; (ii)
in a format readable by humans or by a computer; (iii) in transit
between computers or within a computer network or between any
devices which comprise a computer; or (iv) located on any paper
or in any device on which it is stored by a computer or by a
human; and (D) computer services.
(13) A person "uses" a computer or computer network
when such person:
(A) Attempts to cause or causes a computer or computer network
to perform or to stop performing computer operations;
(B) Attempts to cause or causes the withholding or denial of
the use of a computer, computer network, computer program, computer
data or computer software to another user; or
(C) Attempts to cause or causes another person to put false information
into a computer.
(14) A person is "without authority" when such person
(A) has no right or permission of the owner to use a computer
or such person uses a computer in a manner exceeding such right
or permission, or (B) uses a computer, a computer network or
the computer services of an electronic mail service provider
to transmit unsolicited bulk electronic mail in contravention
of the authority granted by or in violation of the policies set
by the electronic mail service provider. Transmission of electronic
mail from an organization to its members shall not be deemed
to be unsolicited bulk electronic mail.
(b) Unauthorized use of a computer or computer network. 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 of computer data, computer programs or computer software residing
in, communicated by or produced by a computer or computer network;
or
(7) Falsify or forge electronic mail transmission information
or other routing information in any manner in connection with
the transmission of unsolicited bulk electronic mail through
or into the computer network of an electronic mail service provider
or its subscribers.
(c) Unlawful sale or distribution of software designed to facilitate
falsification of electronic mail transmission or routing information.
It shall be unlawful for any person to knowingly sell, give or
otherwise distribute or possess with the intent to sell, give
or distribute software that: (1) Is primarily designed or produced
for the purpose of facilitating or enabling the falsification
of electronic mail transmission information or other routing
information; (2) has only limited commercially significant purpose
or use other than to facilitate or enable the falsification of
electronic mail transmission information or other routing information;
or (3) is marketed by that person or another acting in concert
with that person with that person's knowledge for use in facilitating
or enabling the falsification of electronic mail transmission
information or other routing information.
(d) Criminal penalty. Any person who violates any provision of
this section shall be guilty of a class B misdemeanor, except
that if such person's reckless disregard for the consequences
of such person's actions causes damage to the property of another
person in an amount exceeding two thousand five hundred dollars,
such person shall be guilty of a class A misdemeanor, and if
such person's malicious actions cause damage to the property
of another person in an amount exceeding two thousand five hundred
dollars, such person shall be guilty of a class D felony.
(e) Nonapplicability to provisions in certain contracts and licenses.
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 Connecticut-based
electronic mail service provider to prevent the transmission
of unsolicited electronic mail in violation of this section.
IDAHO
§ 18-2202.
Computer crime
(1) Any person who knowingly accesses, attempts to access
or uses, or attempts to use any computer, computer system,
computer network, or any part thereof for the purpose of:
devising or executing any scheme or artifice to defraud;
obtaining money, property, or services by means of false
or fraudulent pretenses, representations, or promises; or
committing theft; commits computer crime.
(2) Any person who knowingly and without authorization alters,
damages, or destroys any computer, computer system, or computer
network described in section 18-2201, Idaho Code, or any
computer software, program, documentation, or data contained
in such computer, computer system, or computer network commits
computer crime.
(3) Any person who knowingly and without authorization uses,
accesses, or attempts to access any computer, computer system,
or computer network described in section 18-2201, Idaho Code,
or any computer software, program, documentation or data
contained in such computer, computer system, or computer
network, commits computer crime.
(4) A violation of the provisions of subsections (1) or (2)
of this section shall be a felony. A violation of the provisions
of subsection (3) of this section shall be a misdemeanor.
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