Computer Crime
Computer crime ranges from a class 2 misdemeanor to a class 3 felony, depending on the nature and consequences of the conduct alleged.
Computer crime occurs when a person knowingly does one of the following:
- Accesses a computer, computer network, or computer system or any part thereof without authorization; exceeds authorized access to a computer, computer network, or computer system or any part thereof; or uses a computer, computer network, or computer system or any part thereof without authorization or in excess of authorized access; or
- Accesses any computer, computer network, or computer system, or any part thereof for the purpose of devising or executing any scheme or artifice to defraud; or
- Accesses any computer, computer network, or computer system, or any part thereof to obtain, by means of false or fraudulent pretenses, representations, or promises, money; property; services; passwords or similar information through which a computer, computer network, or computer system or any part thereof may be accessed; or other thing of value; or
- Accesses any computer, computer network, or computer system, or any part thereof to commit theft; or
- Without authorization or in excess of authorized access alters, damages, interrupts, or causes the interruption or impairment of the proper functioning of, or causes any damage to, any computer, computer network, computer system, computer software, program, application, documentation, or data contained in such computer, computer network, or computer system or any part thereof; or
- Causes the transmission of a computer program, software, information, code, data, or command by means of a computer, computer network, or computer system or any part thereof with the intent to cause damage to or to cause the interruption or impairment of the proper functioning of or that actually causes damage to or the interruption or impairment of the proper functioning of any computer, computer network, computer system, or part thereof.
Computer crime is a class 2 misdemeanor if the damage causes or cost of replacement is less than five hundred dollars, whereas it is a class 1 misdemeanor if the amount is between five hundred and one thousand dollars. Computer crime constitutes a class 4 felony if the amount involved is between one thousand and twenty thousand, and a class 3 felony if the amount is more than twenty thousand.
If an individual charged with computer crime has previously been convicted of computer crime, an act of computer crime constituting a class 2 misdemeanor thereby becomes a class 6 felony.