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ARTICLE 156
OFFENSES INVOLVING COMPUTERS; DEFINITION OF TERMS
Section 156.00 Offenses involving computers; definition of terms.
156.05 Unauthorized use of a computer.
156.10 Computer trespass.
156.20 Computer tampering in the fourth degree.
156.25 Computer tampering in the third degree.
156.26 Computer tampering in the second degree.
156.27 Computer tampering in the first degree.
156.30 Unlawful duplication of computer related material.
156.35 Criminal possession of computer related material.
156.50 Offenses involving computers; defenses.
S 156.00 Offenses involving computers; definition of terms.
The following definitions are applicable to this chapter except where
different meanings are expressly specified:
1. "Computer" means a device or group of devices which, by
manipulation of electronic, magnetic, optical or electrochemical
impulses, pursuant to a computer program, can automatically perform
arithmetic, logical, storage or retrieval operations with or on computer
data, and includes any connected or directly related device, equipment
or facility which enables such computer to store, retrieve or
communicate to or from a person, another computer or another device the
results of computer operations, computer programs or computer data.
2. "Computer program" is property and means an ordered set of data
representing coded instructions or statements that, when executed by
computer, cause the computer to process data or direct the computer to
perform one or more computer operations or both and may be in any form,
including magnetic storage media, punched cards, or stored internally in
the memory of the computer.
3. "Computer data" is property and means a representation of
information, knowledge, facts, concepts or instructions which are being
processed, or have been processed in a computer and may be in any form,
including magnetic storage media, punched cards, or stored internally in
the memory of the computer.
4. "Computer service" means any and all services provided by or
through the facilities of any computer communication system allowing the
input, output, examination, or transfer, of computer data or computer
programs from one computer to another.
5. "Computer material" is property and means any computer data or
computer program which:
(a) contains records of the medical history or medical treatment of an
identified or readily identifiable individual or individuals. This term
shall not apply to the gaining access to or duplication solely of the
medical history or medical treatment records of a person by that person
or by another specifically authorized by the person whose records are
gained access to or duplicated; or
(b) contains records maintained by the state or any political
subdivision thereof or any governmental instrumentality within the state
which contains any information concerning a person, as defined in
subdivision seven of section 10.00 of this chapter, which because of
name, number, symbol, mark or other identifier, can be used to identify
the person and which is otherwise prohibited by law from being
disclosed. This term shall not apply to the gaining access to or
duplication solely of records of a person by that person or by another
specifically authorized by the person whose records are gained access to
or duplicated; or
(c) is not and is not intended to be available to anyone other than
the person or persons rightfully in possession thereof or selected
persons having access thereto with his or their consent and which
accords or may accord such rightful possessors an advantage over
competitors or other persons who do not have knowledge or the benefit
thereof.
6. "Uses a computer or computer service without authorization" means
the use of a computer or computer service without the permission of, or
in excess of the permission of, the owner or lessor or someone licensed
or privileged by the owner or lessor after notice to that effect to the
user of the computer or computer service has been given by:
(a) giving actual notice in writing or orally to the user; or
(b) prominently posting written notice adjacent to the computer being
utilized by the user; or
(c) a notice that is displayed on, printed out on or announced by the
computer being utilized by the user. Proof that the computer is
programmed to automatically display, print or announce such notice or a
notice prohibiting copying, reproduction or duplication shall be
presumptive evidence that such notice was displayed, printed or
announced.
7. "Felony" as used in this article means any felony defined in the
laws of this state or any offense defined in the laws of any other
jurisdiction for which a sentence to a term of imprisonment in excess of
one year is authorized in this state.
S 156.05 Unauthorized use of a computer.
A person is guilty of unauthorized use of a computer when he knowingly
uses or causes to be used a computer or computer service without
authorization and the computer utilized is equipped or programmed with
any device or coding system, a function of which is to prevent the
unauthorized use of said computer or computer system.
Unauthorized use of a computer is a class A misdemeanor.
S 156.10 Computer trespass.
A person is guilty of computer trespass when he knowingly uses or
causes to be used a computer or computer service without authorization
and:
1. he does so with an intent to commit or attempt to commit or further
the commission of any felony; or
2. he thereby knowingly gains access to computer material.
Computer trespass is a class E felony.
S 156.20 Computer tampering in the fourth degree.
A person is guilty of computer tampering in the fourth degree when he
uses or causes to be used a computer or computer service and having no
right to do so he intentionally alters in any manner or destroys
computer data or a computer program of another person.
Computer tampering in the fourth degree is a class A misdemeanor.
S 156.25 Computer tampering in the third degree.
A person is guilty of computer tampering in the third degree when he
commits the crime of computer tampering in the fourth degree and:
1. he does so with an intent to commit or attempt to commit or further
the commission of any felony; or
2. he has been previously convicted of any crime under this article or
subdivision eleven of section 165.15 of this chapter; or
3. he intentionally alters in any manner or destroys computer
material; or
4. he intentionally alters in any manner or destroys computer data or
a computer program so as to cause damages in an aggregate amount
exceeding one thousand dollars.
Computer tampering in the third degree is a class E felony.
S 156.26 Computer tampering in the second degree.
A person is guilty of computer tampering in the second degree when he
commits the crime of computer tampering in the fourth degree and he
intentionally alters in any manner or destroys computer data or a
computer program so as to cause damages in an aggregate amount exceeding
three thousand dollars.
Computer tampering in the second degree is a class D felony.
S 156.27 Computer tampering in the first degree.
A person is guilty of computer tampering in the first degree when he
commits the crime of computer tampering in the fourth degree and he
intentionally alters in any manner or destroys computer data or a
computer program so as to cause damages in an aggregate amount exceeding
fifty thousand dollars.
Computer tampering in the first degree is a class C felony.
S 156.30 Unlawful duplication of computer related material.
A person is guilty of unlawful duplication of computer related
material when having no right to do so, he copies, reproduces or
duplicates in any manner:
1. any computer data or computer program and thereby intentionally and
wrongfully deprives or appropriates from an owner thereof an economic
value or benefit in excess of two thousand five hundred dollars; or
2. any computer data or computer program with an intent to commit or
attempt to commit or further the commission of any felony.
Unlawful duplication of computer related material is a class E felony.
S 156.35 Criminal possession of computer related material.
A person is guilty of criminal possession of computer related material
when having no right to do so, he knowingly possesses, in any form, any
copy, reproduction or duplicate of any computer data or computer program
which was copied, reproduced or duplicated in violation of section
156.30 of this article, with intent to benefit himself or a person other
than an owner thereof.
Criminal possession of computer related material is a class E felony.
S 156.50 Offenses involving computers; defenses.
In any prosecution:
1. under section 156.05 or 156.10 of this article, it shall be a
defense that the defendant had reasonable grounds to believe that he had
authorization to use the computer;
2. under section 156.20, 156.25, 156.26 or 156.27 of this article it
shall be a defense that the defendant had reasonable grounds to believe
that he had the right to alter in any manner or destroy the computer
data or the computer program;
3. under section 156.30 of this article it shall be a defense that the
defendant had reasonable grounds to believe that he had the right to
copy, reproduce or duplicate in any manner the computer data or the
computer program.
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