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UNAUTHORIZED USE OF A
COMPUTER
Unauthorized use of a computer
statutes are related to computer trespass. Because unauthorized
use of a computer is often the result of computer trespass, it
is quite common that both offenses may be brought against an
offender for a single criminal act.
Unauthorized use statutes
are fairly popular and they may be found in 12 states. Such
statutes seek to punish those who without authorization use
a computer or computer services. Generally, there is not a
great deal of divergence among the states and the two elements
which must be present are the user’s knowledge that access
is not authorized and actual access.
CALIFORNIA *
Excerpt of Section 501:
(c) Except as provided in subdivision (h), any person who commits
any of the following acts is guilty of a public offense:
(3) Knowingly and without permission uses or causes to be used
computer services.
DELAWARE
§ 932. Unauthorized access
A person is guilty of the computer crime of unauthorized access
to a computer system when, knowing that the person is not authorized
to do so, the person accesses or causes to be accessed any computer
system without authorization.
HAWAII
[§ 708-895.5].
Unauthorized computer access in the first degree
(1) A person commits the offense of unauthorized computer access
in the first degree if the person knowingly accesses a computer,
computer system, or computer network without authorization and
thereby obtains information, and:
(a) The offense was committed for the purpose of commercial or private financial
gain;
(b) The offense was committed in furtherance of any other crime;
(c) The value of the information obtained exceeds $ 5,000; or
(d) The information has been determined by statute or rule of court to require
protection against unauthorized disclosure.
(2) Unauthorized computer access in the first degree is a class B felony.
IOWA
716.6B Unauthorized computer
access.
A person who knowingly and without authorization accesses a
computer, computer system, or computer network commits a simple
misdemeanor.
KENTUCKY
§ 434.845.
Unlawful access to a computer in the first degree
(1) A person is guilty of unlawful access to a computer in
the first degree when he or she, without the effective consent
of the owner, knowingly and willfully, directly or indirectly
accesses, causes to be accessed, or attempts to access any computer
software, computer program, data, computer, computer system,
computer network, or any part thereof, for the purpose of:
(a) Devising or executing any scheme or artifice to defraud; or
(b) Obtaining money, property, or services for themselves or another by means
of false or fraudulent pretenses, representations, or promises.
(2) Unlawful access to a computer in the first degree is a Class C felony.
§ 434.850. Unlawful access to a computer
in the second degree
(1) A person is guilty of unlawful access to a computer in
the second degree when he or she, without the effective consent
of the owner, knowingly and willfully, directly or indirectly
accesses, causes to be accessed, or attempts to access any computer
software, computer program, data, computer, computer system,
computer network, or any part thereof, which results in the loss
or damage of three hundred dollars ($ 300) or more.
(2) Unlawful access to a computer in the second degree is a Class
D felony.
§ 434.851. Unlawful access in the
third degree
(1) A person is guilty of unlawful access in the third degree
when he or she, without the effective consent of the owner, knowingly
and willfully, directly or indirectly accesses, causes to be
accessed, or attempts to access any computer software, computer
program, data, computer, computer system, computer network, or
any part thereof, which results in the loss or damage of less
than three hundred dollars ($ 300).
(2) Unlawful access to a computer in the third degree is a Class
A misdemeanor.
§ 434.853. Unlawful access in the
fourth degree
(1) A person is guilty of unlawful access in the fourth degree
when he or she, without the effective consent of the owner, knowingly
and willfully, directly or indirectly accesses, causes to be
accessed, or attempts to access any computer software, computer
program, data, computer, computer system, computer network, or
any part thereof, which does not result in loss or damage.
(2) Unlawful access to a computer in the fourth degree is a Class
B misdemeanor.
* 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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