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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.

Statute Name Trespass/
Intrusion
Tampering/
Destruction
Fraud Unauthorized Use Interruption of services Piracy Privacy/
Invasion
Punishment
NEV. REV. STAT. § 205.4765 (4) Unlawful acts regarding computers X     X       Misdemeanor
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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.

Statute Name Trespass/
Intrusion
Tampering/
Destruction
Fraud Unauthorized Use Interruption of services Piracy Privacy/
Invasion
Punishment
N.H. STAT. ANN. 638.17.I–II. Computer related offenses X     X       Up to A Felony
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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.

Statute Name Trespass/
Intrusion
Tampering/
Destruction
Fraud Unauthorized Use Interruption of services Piracy Privacy/
Invasion
Punishment
N.M. STAT. ANN. § 30-45-5 Unauthorized computer use       X   X   Petty Misdemeanor
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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;

Statute Name Trespass/
Intrusion
Tampering/
Destruction
Fraud Unauthorized Use Interruption of services Piracy Privacy/
Invasion
Punishment
21 OKLA. STAT. § 1953 A.3 Prohibited acts   X   X   X   Felony
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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.

Statute Name Trespass/
Intrusion
Tampering/
Destruction
Fraud Unauthorized Use Interruption of services Piracy Privacy/
Invasion
Punishment
18 PA. CONS. STAT. § 7611 (2003) Unlawful use of computer and other computer crimes X X X X X     Felony of the third degree
Key to Table Elements | Top

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;

Statute Name Trespass/
Intrusion
Tampering/
Destruction
Fraud Unauthorized Use Interruption of services Piracy Privacy/
Invasion
Punishment
S.D. COD. LAWS § 43-43B-1 (1)–(3) Unlawful uses of computer system       X   X   Class 1 Misdemeanor to Class 6 Felony
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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.

Statute Name Trespass/
Intrusion
Tampering/
Destruction
Fraud Unauthorized Use Interruption of services Piracy Privacy/
Invasion
Punishment
13 VT. STAT. ANN. § 4102 Unauthorized access X     X       Up to six months imprison-
ment
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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.

Statute Name Trespass/
Intrusion
Tampering/
Destruction
Fraud Unauthorized Use Interruption of services Piracy Privacy/
Invasion
Punishment
WASH. REV. CODE § 9A.56.030 Theft in the first degree           X   Class B Felony
WASH. REV. CODE § 9A.56.040 Theft in the second degree           X   Class C Felony
WASH. REV. CODE § 9A.56.050 Theft in the third degree           X   Gross Misdemeanor
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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.

Statute Name Trespass/
Intrusion
Tampering/
Destruction
Fraud Unauthorized Use Interruption of services Piracy Privacy/
Invasion
Punishment
WIS. STAT. § 943.70 (2) Offenses against computer data and programs X X   X   X   Up to Class C Felony
Key to Table Elements | Top


*
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 ‘*’.