Computer Crimes

• Author: Richard Leiter
• Pages: 105-122

Page 105

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.

Page 106

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 $2,500 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, et seq.	Intentionally, knowingly, recklessly	None	Access; access plus scheme to defraud; computer fraud in the 11 degree, class 3 felony; computer fraud in the 22degree, class 5 felony	No	No

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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

Page 108

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

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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 13 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

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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

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