OFFENSES AGAINST COMPUTER USERS

Statutes detailing offenses against computer users are very similar to and often a blend of interruption of computer services and computer tampering offenses. The difference is that an offender need direct such acts towards an individual computer user and not a computer network itself. Interruption of computer services and computer tampering charges can often be brought together with charges of offenses against computer users.

FLORIDA

§ 815.06. Offenses against computer users

(1) Whoever willfully, knowingly, and without authorization:
(a) Accesses or causes to be accessed any computer, computer system, or computer network;
(b) Disrupts or denies or causes the denial of computer system services to an authorized user of such computer system services, which, in whole or part, is owned by, under contract to, or operated for, on behalf of, or in conjunction with another;
(c) Destroys, takes, injures, or damages equipment or supplies used or intended to be used in a computer, computer system, or computer network;
(d) Destroys, injures, or damages any computer, computer system, or computer network; or
(e) Introduces any computer contaminant into any computer, computer system, or computer network,
commits an offense against computer users.
(2) (a) Except as provided in paragraphs (b) and (c), whoever violates subsection (1) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) Whoever violates subsection (1) and:
1. Damages a computer, computer equipment, computer supplies, a computer system, or a computer network, and the monetary damage or loss incurred as a result of the violation is $ 5,000 or greater;
2. Commits the offense for the purpose of devising or executing any scheme or artifice to defraud or obtain property; or
3. Interrupts or impairs a governmental operation or public communication, transportation, or supply of water, gas, or other public service,
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) Whoever violates subsection (1) and the violation endangers human life commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Whoever willfully, knowingly, and without authorization modifies equipment or supplies used or intended to be used in a computer, computer system, or computer network commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(4) (a) In addition to any other civil remedy available, the owner or lessee of the computer, computer system, computer network, computer program, computer equipment, computer supplies, or computer data may bring a civil action against any person convicted under this section for compensatory damages.
(b) In any action brought under this subsection, the court may award reasonable attorney's fees to the prevailing party.
(5) Any computer, computer system, computer network, computer software, or computer data owned by a defendant which is used during the commission of any violation of this section or any computer owned by the defendant which is used as a repository for the storage of software or data obtained in violation of this section is subject to forfeiture as provided under ss. 932.701-932.704.
(6) This section does not apply to any person who accesses his or her employer's computer system, computer network, computer program, or computer data when acting within the scope of his or her lawful employment.
(7) For purposes of bringing a civil or criminal action under this section, a person who causes, by any means, the access to a computer, computer system, or computer network in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer, computer system, or computer network in both jurisdictions.

§ 73.4 Offenses against computer users

A. An offense against computer users is the intentional denial to an authorized user, without consent, of the full and effective use of or access to a computer, a computer system, a computer network, or computer services.

B. (1) Whoever commits an offense against computer users shall be fined not more than five hundred dollars, or be imprisoned for not more than six months, or both, for commission of the offense.

(2) However, when the damage or loss amounts to a value of five hundred dollars or more, the offender may be fined not more than ten thousand dollars, or imprisoned with or without hard labor, for not more than five years, or both.

MISSISSIPPI

§ 97-45-5. Offense against computer users; penalties

(1) An offense against computer users is the intentional:
(a) Denial to an authorized user, without consent, of the full and effective use of or access to a computer, a computer system, a computer network or computer services; or
(b) Use or disclosure to another, without consent, of the numbers, codes, passwords or other means of access to a computer, a computer system, a computer network or computer services.
(2) Whoever commits an offense against computer users shall be punished, upon conviction, by a fine of not more than One Thousand Dollars ($ 1,000.00), or by imprisonment for not more than six (6) months, or by both such fine and imprisonment. However, when the damage or loss amounts to a value of One Hundred Dollars ($ 100.00) or more, the offender may be punished, upon conviction, by a fine of not more than Ten Thousand Dollars ($ 10,000.00), or imprisonment for not more than five (5) years, or by both such fine and imprisonment.

MISSOURI

§ 569.099. Tampering with computer users, penalties

1. A person commits the crime of tampering with computer users if he knowingly and without authorization or without reasonable grounds to believe that he has such authorization:
(1) Accesses or causes to be accessed any computer, computer system, or computer network; or
(2) Denies or causes the denial of computer system services to an authorized user of such computer system services, which, in whole or in part, is owned by, under contract to, or operated for, or on behalf of, or in conjunction with another.
2. The offense of tampering with computer users is a class A misdemeanor unless the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, the value of which is five hundred dollars or more, in which case tampering with computer users is a class D felony.

NORTH CAROLINA

§ 14-456. Denial of computer services to an authorized user

(a) Any person who willfully and without authorization denies or causes the denial of computer, computer program, computer system, or computer network services to an authorized user of the computer, computer program, computer system, or computer network services is guilty of a Class 1 misdemeanor.
(b) This section also applies to denial of services effectuated by introducing, directly or indirectly, a computer program (including a self-replicating or a self-propagating computer program) into a computer, computer program, computer system, or computer network.

§ 6-3-504. Crimes against computer users; penalties

(a) A person commits a crime against computer users if he knowingly and without authorization:
(i) Accesses a computer, computer system or computer network;
(ii) Denies computer system services to an authorized user of the computer system services which, in whole or part, are owned by, under contract to, or operated for, on behalf of, or in conjunction with another.
(b) A crime against computer users is:
(i) A felony punishable by imprisonment for not more than three (3) years, a fine of not more than three thousand dollars ($ 3,000.00), or both except as provided in paragraph (ii) of this subsection;
(ii) A felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($ 10,000.00), or both, if the crime is committed with the intention of devising or executing a scheme or artifice to defraud or to obtain property.