Computer Crimes laws

The body of laws governing crimes on the Internet are some of the most rapidly changing of all state laws. Controversy surrounding issues such as pornography on the Internet and the World Wide Web, the copying and posting of copyrighted information from an authorized site on the Internet to another site, and privacy of communication and access to materials on the Internet are still being hotly debated and no clear method for dealing with them has yet been devised. In addition, recent efforts to regulate the world of the Internet have taken place largely in the federal level. As of this writing, major federal legislation has just been enacted that covers many activities on the Internet, but the regulations have not yet been written enforcing its various provisions and much of the act is not yet effective. Accordingly, there is still much speculation about what the law means.

On the state level, the one thing upon which there is much unanimity is that theft of information or money in electronic form is much the same as theft in any other form. State laws on computer crime, therefore, focus on theft of information or money through the use of a computer or an on-line computer service.

Virtually every state requires that one have the requisite mental state before they may be convicted of a computer crime. One must willfully, knowingly or purposely access computer-based data and intend to steal, destroy or alter computer-based information, steal services, passwords, or otherwise interfere with hardware or software, etc. It is not enough for purposes of these laws to accidently or unintentionally wander into areas on the internet where valuable or secure information may reside. If one enters such an area using computers or computer technology, his/her intent must be to steal, destroy or defraud to be found guilty of a crime.

Only a handful of states don't explicitly ban access to certain computer files. In most states mere access can be prosecuted as a crime. In addition, many states have the additional requirement that damage sustained by the victim of the crime be of a certain amount before the crime becomes a felony. For example, in New Jersey, if damage is more than $200, it is a felony. If it is less, it is a misdemeanor. The limit is $1,000 in South Dakota, $10,000 in Connecticut. In very few states, there is either no misdemeanor provision at all, or no money amount distinguishing the one from the other.

As the technology becomes ubiquitous, the law in this controversial area is sure to be subject to tremendous change and development over the next few years. One new development that is only beginning is legislation regarding the use of computers in acts of terrorism. To date, only two states have provisions regarding computer crimes and acts of terrorism. For example, Indiana specifically mentions terrorism, but others imply it in language that makes it a crime to use computers to disrupt government services or public utilities. It is anticipated that in the next few years there will be a growing number of states defining certain computer crimes as terrorism and then enhancing the penalties for committing such crimes. In the meantime, this chapter can be used at least as a guidepost to identify the specific laws in question even if the specific provisions change in the details.

Table 7: Computer Crimes

State	Code Section	Mental State Required for Prosecution	Misdemeanor	Felony	Attempt Proscribed	Civil Action
ALABAMA	13A-8-100, et seq.	Willfully, knowingly, without authorization or without reasonable grounds	Access; alter, damage, or destroy hard/software valued under $2,500, class A misdemeanor	Access plus scheme to defraud; alter, damage, or destroy hard/software valued over $2500 or cause interruption of public/government services; class C felony if purpose of offense is to scheme, defraud or obtain property; class B felony if damage = or > $2,500; interruption of government operation or public/utility service; class A felony if action causes physical injury to person not involved in said act.	No	No
ALASKA	11.46.740	Knowingly, without reasonable grounds	None	Obtain or change information about a person, class C felony	No	No
ARIZONA	13-2316	Intentionally, knowingly, recklessly	None	Access; access plus scheme to defraud; computer fraud in the 1st degree, class 3 felony; computer fraud in the 2nd degree, class 5 felony	No	No

Table 7: Computer Crimes—Continued

State	Code Section	Mental State Required for Prosecution	Misdemeanor	Felony	Attempt Proscribed	Civil Action
ARKANSAS	5-41-101, et seq.	Intentionally, purposefully	Computer trespass, access with damage under $2500 but over $500, class A misdemeanor; access with no damage, class C misdemeanor; access as 2nd or subsequent violation with loss or damage under $500, class B misdemeanor; unlawful computerized communication, class A misdemeanor; computer fraud, class D felony	Access with damage over $2500; computer fraud, class D felony	No	Yes
CALIFORNIA	Penal Code 502	Knowingly, willful for additional punitive or exemplary damages	Access; introduce virus; traffic in providing access; theft of services valued under $400, fine up to $5000 or imprisonment in county jail for up to 1 year, for first offense that doesn't result in injury	Access plus scheme to defraud; alter, damage or destroy hard/software valued over $5000; theft of services valued over $400; access and alters, destroys, uses, copies, damages data or disrupts computer services punishable by fine up to $10,000 or imprisonment in county jail for 1 year, for offense that results in injury or 2nd or subsequent offense	No	Yes
COLORADO	18-5.5-101 et seq.	Knowingly	Class 3 misdemeanor if loss or damage is less than $100; class 2 if between $100 and $500	Class 4 felony if between $500 and $15,000; class 3 felony if $15,000 or more	No	No

Table 7: Computer Crimes—Continued

State	Code Section	Mental State Required for Prosecution	Misdemeanor	Felony	Attempt Proscribed	Civil Action
CONNECTICUT	53a-250, et seq.	Knowingly	Class A misdemeanor: when unauthorized access to computer systems or theft computer services or interruption of computer services or misuse of computer system info or destruction of computer equipment and total damage exceeds $500; class B misdemeanor: same computer crimes and damages $500 or less	Class B felony: when he/she commits same offenses listed above and damage exceeds $10,000; class C felony: ditto and damage exceeds $5,000; class D felony: ditto and damage exceeds $1,000 or reckless conduct creates risk of physical injury	No	Yes
DELAWARE	11 §§931, et seq.	Knowingly, intentionally, recklessly, negligently	Class A misdemeanor: when unauthorized access, theft of computer services, interruption of computer services, misuse of computer system info or destruction of computer equipment, sending commercial email after asked to stop, and damages $500 or less	Class G felony: same offenses and damages >$500; class F felony: same offenses and damages exceeds $1,000 or risk of injury to another person; class E felony: same offenses and damages exceed $5,000; class D felony: same and damages exceed $10,000	No	Yes
DISTRICT OF COLUMBIA	None

Table 7: Computer Crimes—Continued

State	Code Section	Mental State Required for Prosecution	Misdemeanor	Felony	Attempt Proscribed	Civil Action
FLORIDA	815.01, et seq.	Willfully, knowingly, and without authorization	Misdemeanor of the 1st degree: For offenses against computer equipment and supplies: if damage between $200 and $1,000	Felony in the 1st degree if: violation endangers human life; felony in 2nd degree if: damages are $5,000 or greater or offense was for purpose of devising or executing any scheme or artifice to defraud or obtain property or interrupts or impairs government services or public service/utility; felony in the 3rd degree: all other violations.	No	Yes
GEORGIA	16-9-91, et seq. Note: Section does not specifically classify crimes listed as either felony or misdemeanor. Offenses listed in misdemeanor or felony columns are based on the levels of punishments imposed rather than by explicit classification.	Knowingly, intentionally	Traffic in passwords	Computer theft, trespass (including modify, destroy, interfere with use), invasion of privacy, forgery	No	Yes

Table 7: Computer Crimes—Continued

State	Code Section	Mental State Required for Prosecution	Misdemeanor	Felony	Attempt Proscribed	Civil Action
HAWAII	708-890, et seq.	Intentionally, knowingly		Computer fraud: class B felony if knowingly defrauded, accessed computer without authorization and damage $300 or less in any 1 yr. period; class C felony if knowingly defrauded, transferred, or otherwise disposes of control of access; Computer Damage: class B felony if knowingly causes transmission that causes unauthorized damage or intentional access of a computer that causes damage; class C felony if knowingly accesses computer without authorization and recklessly causes damage.	No	No
IDAHO	18-2201 to 18-2202	Knowingly	Use, access, or attempt to access	Access or attempt to access with purpose to scheme, defraud or obtain property, money or services; alter, damage, or destroy computer, computer system, computer network or software/data/documentation	Yes	No

Table 7: Computer Crimes—Continued

State	Code Section	Mental State Required for Prosecution	Misdemeanor	Felony	Attempt Proscribed	Civil Action
ILLINOIS	720 1LCS 5/16D-1, et seq	Knowingly	Access or cause to be accessed, falsified email information or other routing information in transmission of unsolicited bulk email through email service provider or its subscribers or gives software enabling this, class B misdemeanor; access and obtain data or services, class A misdemeanor for 1st offense	Class 4 felony: access with purpose to scheme, defraud or deceive; damages computer or alter, delete, or destroy program or data in connection with scheme, defraud or deceive; if offender accesses computer and obtains money or control of money in connection with his/her scheme, defraud or deception; class 3 felony if any of the above are 2nd or subsequent offense; class 4 felony: if value of money, property, or services is $1,000 or less or if 2nd or subsequent offense obtaining data or services; class 3 felony: if value between $1,000 and $50,000; class 2 felony: if value $50,000 or more	Yes	Yes
INDIANA	35-43-1-4; 35-43-2-3	Knowingly; intentionally	Access, class A misdemeanor	Class D felony: computer tampering; class C felony if for purpose of terrorism; class B felony if for purpose of terrorism and results in serious bodily harm to a person	No	No

Table 7: Computer Crimes—Continued

State	Code Section	Mental State Required for Prosecution	Misdemeanor	Felony	Attempt Proscribed	Civil Action
IOWA	714.1 et seq.; 714E.1; 716.6B; 702.1A; 702.14	Knowingly	Theft of data or services with value between $500 and $1000, aggravated misdemeanor; $200–500, serious misdemeanor; under $200, simple misdemeanor; access of computer, simple misdemeanor	Theft of data or services with value over $10,000, class C felony; value between $1000 and $10,000, class D felony	No	Yes
KANSAS	21-3755	Intentionally	Criminal computer trespass and computer password disclosure are class A nonperson misdemeanors	Computer crime is a severity level 8 nonperson felony	Yes	No
KENTUCKY	434.840, et seq.	Knowingly, intentionally	Unlawful access to a computer in 2nd degree is class A; unlawful access in 4th degree is a class B misdemeanor	Unlawful access to computer in 1st degree, class C felony; misuse of computer info is a class C felony; unlawful access in 2nd degree is a class D felony	Yes	No
LOUISIANA	14:73.1, et seq. Note: Section does not specifically classify crimes listed as either felony or misdemeanor. Offenses listed in misdemeanor or felony columns are based on the levels of punishments imposed rather than by explicit classification.	Intentionally	Alter, damage or destroy hard/software valued under $500; interfere with use of another valued under $500	Alter, damage or destroy hard/software valued over $500; interfere with use of another valued over $500; computer fraud	No	No
MAINE	Tit. 17-A §§431, et seq.	Intentionally; knowingly	Access	Copying; alter, damage or destroy hard/software; introduce virus	No	No

Table 7: Computer Crimes—Continued

State	Code Section	Mental State Required for Prosecution	Misdemeanor	Felony	Attempt Proscribed	Civil Action
MARYLAND	Crim. Law §7-302	Intentionally; willfully	A person who illegally accesses computer is guilty of a misdemeanor	If aggregate amount of loss is over $10,000	Yes	No
MASSACHUSETTS	Ch. 266 §33A	Intentionally	none	none	Yes	No
MICHIGAN	752.791, et seq.	Intentionally	If violation involves $200 or less	If violation involves more than $1000	No	No
MINNESOTA	609.87, et seq.	Intentionally	Misdemeanor: commission of unauthorized computer access; Gross Misdemeanors: commission in a manner that creates risk to public health/safety, commission in a manner that compromises the security of data, conviction of second or subsequent misdemeanors within 5 years	Commission of unauthorized computer access in a manner that creates a grave risk of causing death of a person, conviction of second or subsequent gross misdemeanor	Yes	No
MISSISSIPPI	97-45-1, et seq. Note: Section does not specifically classify crimes listed as either felony or misdemeanor. Offenses listed in misdemeanor or felony columns are based on the levels of punishments imposed rather than by explicit classification	Intentionally	Access; any of the following, causing damages less than $100: interfere with use; alter, damage or destroy hard/software; traffic in passwords	Access plus scheme to defraud; any of the following, causing damages greater than $100: interfere with use; alter, damage or destroy hard/software; traffic in passwords	No	No

Table 7: Computer Crimes—Continued

State	Code Section	Mental State Required for Prosecution	Misdemeanor	Felony	Attempt Proscribed	Civil Action
MISSOURI	537.525, 569.094, et seq.	Knowingly	Class A misdemeanor: tampering with computer equipment, tampering with computer users	Tampering with computer equipment with purpose to scheme, defraud, or obtain property the value of which is $150 or more is class D felony; if damage to computer or related parts is between $150 and $1,000, then class D felony; if damage is $1,000 or more, then class C felony; tampering with computer users with purpose to scheme, defraud, or obtain property the value of which is $150 or more, class D felony	No	Yes
MONTANA	45-2-101, 45-6-310 to 45-6-311	Knowingly, purposefully	Any of the following, causing damages less than $1000, access; access plus scheme to defraud; alter, damage or destroy hard/software	Any of the following, causing damages greater than $1000: access; access plus scheme to defraud; alter, damage or destroy hard/software	No	No

Table 7: Computer Crimes—Continued

State	Code Section	Mental State Required for Prosecution	Misdemeanor	Felony	Attempt Proscribed	Civil Action
NEBRASKA	28-1343, et seq.	Intentionally	Commission of unauthorized computer access in a manner that creates risk to public health/safety is class I misdemeanor; commission of unauthorized computer access in a manner that compromises the security of data is class II misdemeanor; unlawfully accessing computer to obtain confidential public info is class II misdemeanor; second or subsequent offense is a class I misdemeanor; accessing without authorization or exceeding authorization is class V misdemeanor; second or subsequent offense is class II	Access with intent to deprive or obtain property/services is a class IV felony; if value of property/services is $1,000 or more, then class III felony; access and damage, disruption, or distribution of destructive computer program, then class IV felony; if losses with a value of $1,000 or more, then class III felony; if causes grave risk of causing death, then class IV felony	No	No
NEVADA	205.473, et seq.	Knowingly, willfully	Unlawful access is a misdemeanor as well as unlawful interference with or denial if access or use	Unlawful access done to defraud or obtain property or causing damages excess of $500 or interrupts/impairs public service/utility is a class C felony; unlawful interference with or denial of access of use done to defraud or obtain property is a class C felony.	Yes	No

Table 7: Computer Crimes—Continued

State	Code Section	Mental State Required for Prosecution	Misdemeanor	Felony	Attempt Proscribed	Civil Action
NEW HAMPSHIRE	638:16, et seq.	Knowingly	Computer crime is a misdemeanor if damage is $500 or less	Computer crime with damages exceeding $1,000 is a class A felony; computer crime with damages exceeding $500 or offender's conduct creates risk of physical injury is a class B felony	No	No
NEW JERSEY	2C:20-23, et seq. Note: Section does not specifically classify crimes listed as either felony or misdemeanor. Offenses listed in misdemeanor or felony columns are based on the levels of punishments imposed rather than by explicit classification.	Purposely, knowingly	Access; any of the following, causing damages less than $200: access plus scheme to defraud; alter, damage or destroy hard/software	Access; any of the following, causing damages greater than $200: access plus scheme to defraud; alter, damage or destroy hard/software	No	No
NEW MEXICO	30-45-1, et seq.	Knowingly, willfully	Any of the following, causing damages less than $250: access; access plus scheme to defraud; alter, damage or destroy hard/software; disclosure, copy or display of computer information; less than $100 is a petty misdemeanor	Any of the following, causing damages greater than $250: access; access plus scheme to defraud; alter, damage or destroy hard/software; disclosure, copy or display of computer information; $250 to $2500 in damages, 4th degree felony; $2500 to $20,000, 3rd degree felony, $20,000 or greater, 2nd degree felony	No	No

Table 7: Computer Crimes—Continued

State	Code Section	Mental State Required for Prosecution	Misdemeanor	Felony	Attempt Proscribed	Civil Action
NEW YORK	Penal Code 156.00, et seq.	Knowingly; intentionally	Unauthorized use of computer is a class A misdemeanor; computer tampering in fourth degree is a class A misdemeanor	Computer tampering in third degree is a class E felony; computer tampering in second degree is a class D felony; computer tampering in first degree is a class C felony; unlawful duplication of computer related material is a class E felony; criminal possession of computer related material is a class E felony	Yes	No
NORTH CAROLINA	14-453, et seq.	Willfully	Class 1 misdemeanors: unlawful access of computers for purposes other than to scheme, defraud, or obtain property; altering, damaging, or destroying computer software, programs or data	Class G felony: to access computer with purpose to scheme, defraud, obtain property; also Class G felony: to damage computer, computer system, computer network, or parts thereof; Class F felony: access to any government computer; Class H felony: denying access to government computer services	No	Yes
NORTH DAKOTA	12.1-06.1-08	Intentionally	Computer crime is a class A misdemeanor	Computer fraud is a class C felony	Yes	Yes
OHIO	2913.01, et seq.	Knowingly	4th degree misdemeanor: unauthorized use	Unauthorized use of computer property is felony of the 5th degree	Yes	No

Table 7: Computer Crimes—Continued

State	Code Section	Mental State Required for Prosecution	Misdemeanor	Felony	Attempt Proscribed	Civil Action
OKLAHOMA	Tit. 21, §§1951, et seq.	Willfully	Access or use of cause to be used computer services	Access plus scheme to defraud; alter, damage or destroy hard/software; denial of access; traffic in passwords. There are several prohibited acts under the Computer Crimes Act classified as a felony	Yes	Yes
OREGON	164.125; 164.377	Knowingly	Access is class A misdemeanor; theft of services is class C misdemeanor if total of services is less than $50. class A misdemeanor if total of services is more than $50 but less than $750	Class C felony: access plus scheme to defraud; alter, damage or destroy hard/software; theft of data or services	Yes	No
PENNSYLVANIA	Tit. 18 §7601, et seq.	Intentionally and knowingly	Unlawful transmission of e-mail is misdemeanor of 3rd degree; unless causes damage of $2,500 or more, then misdemeanor of 1st degree.	Unlawful use, disruption of service, theft, unlawful duplication, trespass and distribution of virus are felonies of 3rd degree.	No	No
RHODE ISLAND	11-52-1, et seq.	Purposefully, intentionally; knowingly	Theft of data or services valued under $500; cyberstalking	Access of computer for fraudulent purposes; intentional access, alteration, damage, or destruction; computer theft with a value over $500; use if false information and tampering with computer source documents	No	Yes

Table 7: Computer Crimes—Continued

State	Code Section	Mental State Required for Prosecution	Misdemeanor	Felony	Attempt Proscribed	Civil Action
SOUTH CAROLINA	16-16-10, et seq.	Willfully, knowingly, maliciously	Computer crime in the second degree, class A misdemeanor; Computer crime in the third degree, class B misdemeanor	Computer crime in the first degree, class E felony; second or subsequent convictions of computer crimes in the second degree, class F felony	No	No
SOUTH DAKOTA	43-43B-1, et seq.	Knowingly	Obtaining use, altering or destroying system, access and disclosure without consent where value is $1000 or less, class 1 misdemeanor; obtaining use, altering or destroying system as part of deception where value involved is $1000 or less, class 1 misdemeanor	Obtaining use, altering or destroying system, access and disclosure without consent where value involved is more than $1000, class 6 felony; Obtaining use, altering or destroying system as part of deception; value is more than $1000, class 4 felony	Yes	No
TENNESSEE	39-14-601, et seq.; 39-14-105	Knowingly, directly or indirectly	Access is class C misdemeanor; introducing virus is class B; hacking into any computer system is class A	Access for purpose of fraudulently obtaining money, property or services; act of terrorism	Yes	Yes

Table 7: Computer Crimes—Continued

State	Code Section	Mental State Required for Prosecution	Misdemeanor	Felony	Attempt Proscribed	Civil Action
TEXAS	Penal Code 33.01, et seq.	Knowingly, intentionally	Break of computer security is class B misdemeanor; class A if the amount involved is above $1,500	Break of computer security is a state of jail felony if amount involved is between $1,500 and $20,000 or amount is less than $1,500 and defendant has previous conviction; felony of third degree is amount between $20,000 and $100,000; felony of second degree if amount between $100,000 and $200,000; felony of first degree if amount is $200,000 or above	No	No
UTAH	76-6-702, et seq.	Intentionally, knowingly	When damage is under $300 or info is not confidential then class B misdemeanor; when damage is between $300 and $1,000, then class A	When damage is between $1,000 and $5,000, third degree felony; when damage is or exceeds $5,000 then second degree, there is also a third degree felony	Yes	No
VERMONT	Tit. 13 §4101 et seq.	Knowingly, intentionally			No	Yes

Table 7: Computer Crimes—Continued

State	Code Section	Mental State Required for Prosecution	Misdemeanor	Felony	Attempt Proscribed	Civil Action
VIRGINIA	18.2-152.1, et seq.	Intentionally	Computer fraud with value of property or services less than $200, class 1 misdemeanor; Computer trespass is class 3 misdemeanor; if damages $2,500 or more, then class 1; computer invasion of privacy is class 1; theft of computer services is class 1; personal trespass by computer done unlawfully but not maliciously is class 1; computer harassment is class 1	Computer fraud with value of property or services obtained $200 or more, class 5 felony; computer trespass with damages $2,500 or more caused by malicious act, class 6; Personal trespass by computer done maliciously is class 3	No	Yes
WASHINGTON	9A.52.110, et seq.	Intentionally	Computer trespass in second degree is a gross misdemeanor	Computer trespass in first degree is class C felony	No	No
WEST VIRGINIA	61-3C-1, et seq.	Knowingly, willfully	Unauthorized access to computer services; unauthorized possession of computer data or programs having value under $5,000; disruption or denial of computer services; unauthorized possession of computer information; disclosure of computer security info; obtaining confidential public info.; computer invasion of privacy	Computer fraud and access to legislature computer; unauthorized possession of computer data or programs having value of $5,000 or more; alteration, destruction, etc. of computer equipment	Yes	Yes

Table 7: Computer Crimes—Continued

State	Code Section	Mental State Required for Prosecution	Misdemeanor	Felony	Attempt Proscribed	Civil Action
WISCONSIN	943.70	Willfully, knowingly	Offenses against computer data and programs class A misdemeanor; offenses against computers, computer equipment and supplies is class A misdemeanor	Offenses against computer data and programs is if offense is to defraud or obtain property, class I; if damage greater than $2500 or act causes interruption or impairment of govt operations or public utility or service, class D; if offense creates risk of death or bodily harm to another, class F; offense against computer, computer equipment or supplies is class I if offense is done to defraud or obtain property; class H if damage is under $2500; and class F if act creates risk of death or bodily harm to another	No	Aggrieved party may sue for injunctive relief
WYOMING	6-3-501, et seq.	Knowingly	Crime against computer equipment and supplies	Crimes against intellectual property (means data including programs); crimes against computer equipment and supplies if done with intent to scheme, defraud, or obtain property; crimes against computer users when value is above $750	No	No