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NEVADA
4. Except as otherwise provided in subsection 6, a person who knowingly, willfully
and without authorization:
(a) Obtains and discloses;
(b) Publishes;
(c) Transfers; or
(d) Uses,
a device used to access a computer, network or data is guilty
of a misdemeanor.
NEW
HAMPSHIRE *
I. A person is guilty of the computer crime of unauthorized access to a
computer or computer network when, knowing that the person is not authorized
to do so, he or she knowingly accesses or causes to be accessed any computer
or computer network without authorization. It shall be an affirmative defense
to a prosecution for unauthorized access to a computer or computer network
that:
(a) The person reasonably believed that the owner of the computer or computer
network, or a person empowered to license access thereto, had authorized him
or her to access; or
(b) The person reasonably believed that the owner of the computer or computer
network, or a person empowered to license access thereto, would have authorized
the person to access without payment of any consideration; or
(c) The person reasonably could not have known that his or her access was unauthorized.
II. A person is guilty of the computer crime of theft of computer services when
he or she knowingly accesses or causes to be accessed or otherwise uses or causes
to be used a computer or computer network with the purpose of obtaining unauthorized
computer services.
NEW
MEXICO
§ 30-45-5.
Unauthorized computer use
Any person who knowingly, willfully and without authorization,
or having obtained authorization, uses the opportunity such authorization
provides for purposes to which the authorization does not extend,
directly or indirectly accesses, uses, takes, transfers, conceals,
obtains, copies, or retains possession of any computer, computer
network, computer property, computer service, computer system
or any part thereof where:
A. the damage to the computer property or computer service has a value of one
hundred dollars ($ 100) or less is guilty of a petty misdemeanor;
B. the damage to the computer property or computer service has a value of more
than one hundred dollars ($ 100) but not more than two hundred fifty dollars
($ 250) is guilty of a misdemeanor and shall be sentenced pursuant to the provisions
of Section 31-19-1 NMSA 1978;
C. the damage to the computer property or computer service has a value of more
than two hundred fifty dollars ($ 250) but not more than two thousand five
hundred dollars ($ 2,500) is guilty of a fourth degree felony and shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
D. the damage to the computer property or computer service has a value of more
than two thousand five hundred dollars ($ 2,500) but not more than twenty thousand
dollars ($ 20,000) is guilty of a third degree felony and shall be sentenced
pursuant to the provisions of Section 31-18-15 NMSA 1978; or
E. the damage to the computer property or computer service has a value of more
than twenty thousand dollars ($ 20,000) is guilty of a second degree felony
and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA
1978.
OKLAHOMA
*
A. It shall be unlawful to:
3. Willfully exceed the limits of authorization and damage,
modify, alter, destroy, copy, delete, disclose or take possession
of a computer, computer system, computer network or any other
property;
PENNSYLVANIA
§ 7611.
Unlawful use of computer and other computer crimes
(a) OFFENSE DEFINED.-- A person commits the offense of unlawful
use of a computer if he:
(1) accesses or exceeds authorization to access, alters, damages or
destroys any computer, computer system, computer network, computer
software, computer program, computer database, World Wide Web site or
telecommunication device or any part thereof with the intent to
interrupt the normal functioning of a person or to devise or execute
any scheme or artifice to defraud or deceive or control property or
services by means of false or fraudulent pretenses, representations or
promises;
(2) intentionally and without authorization accesses or exceeds
authorization to access, alters, interferes with the operation of,
damages or destroys any computer, computer system, computer network,
computer software, computer program, computer database, World Wide Web
site or telecommunication device or any part thereof; or
(3) intentionally or knowingly and without authorization gives or
publishes a password, identifying code, personal identification number
or other confidential information about a computer, computer system,
computer network, computer database, World Wide Web site or
telecommunication device.
(b) GRADING.-- An offense under this section shall constitute a felony of the
third degree.
(c) PROSECUTION NOT PROHIBITED.-- Prosecution for an offense under this section
shall not prohibit prosecution under any other section of this title.
SOUTH
DAKOTA *
A person is guilty of unlawful
use of a computer system, software, or data if the person:
(1) Knowingly obtains the use of, accesses or exceeds authorized access to, a
computer system, or any part thereof, without the consent of the owner;
(2) Knowingly obtains the use of, accesses, or exceeds authorized access to,
a computer system, or any part thereof, without the consent of the owner, and
the access or use includes access to confidential data or material;
(3) Knowingly copies or obtains information from a computer system, or compromises
any security controls for the computer system, or uses or discloses to another,
or attempts to use or disclose to another, the numbers, codes, passwords, or
other means of access to a computer system without the consent of the owner;
VERMONT
§ 4102.
Unauthorized access
A person who knowingly and intentionally and without lawful
authority, accesses any computer, computer system, computer network,
computer software, computer program, or data contained in such
computer, computer system, computer program, or computer network
shall be imprisoned not more than six months or fined not more
than $ 500.00, or both.
WASHINGTON
§ 9A.56.030.
Theft in the first degree -- Other than firearm
(1) A person is guilty of theft in the first degree if he or
she commits theft of:
(a) Property or services which exceed(s) one thousand five hundred dollars
in value other than a firearm as defined in RCW 9.41.010; or
(b) Property of any value other than a firearm as defined in RCW 9.41.010 taken
from the person of another.
(2) Theft in the first degree is a class B felony.
§ 9A.56.040. Theft in the second
degree -- Other than firearm
(1) A person is guilty of theft in the second degree if he
or she commits theft of:
(a) Property or services which exceed(s) two hundred and fifty dollars in value
other than a firearm as defined in RCW 9.41.010, but does not exceed one thousand
five hundred dollars in value; or
(b) A public record, writing, or instrument kept, filed, or deposited according
to law with or in the keeping of any public office or public servant; or
(c) An access device; or
(d) A motor vehicle, of a value less than one thousand five hundred dollars.
(2) Theft in the second degree is a class C felony.
§ 9A.56.050. Theft in the third degree
(1) A person is guilty of theft in the third degree if he or
she commits theft of property or services which (a) does not
exceed two hundred and fifty dollars in value, or (b) includes
ten or more merchandise pallets, or ten or more beverage crates,
or a combination of ten or more merchandise pallets and beverage
crates.
(2) Theft in the third degree is a gross misdemeanor.
WISCONSIN
*
(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.
* 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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