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TUCoPS :: Cyber Law :: conctcut.txt

Connecticut Computer Crime Law





                        GENERAL STATUTES OF CONNECTICUT

                             TITLE 53A.  PENAL CODE

                       CHAPTER 952.  PENAL CODE: OFFENSES

                     PART XXII.  COMPUTER-RELATED OFFENSES

                       Conn. Gen. Stat. @ 53a-250 (1989)

Sec. 53a-250.  Definitions.

   For the purposes of this part and section 52-570b:

   (1) "Access" means to instruct, communicate with, store data in
or retrieve data from a computer, computer system or computer
network.

   (2) "Computer" means a programmable, electronic device capable
of accepting and processing data.

   (3) "Computer network" means (A) a set of related devices
connected to a computer by communications facilities, or (B) a
complex of two or more computers, including related devices,
connected by communications facilities.
   (4) "Computer program" means a set of instructions, statements
or related data that, in actual or modified form, is capable of
causing a computer or computer system to perform specified
functions.

   (5) "Computer services" includes, but is not limited to,
computer access, data processing and data storage.

   (6) "Computer software" means one or more computer programs,
existing in any form, or any associated operational procedures,
manuals or other documentation.
   (7) "Computer system" means a computer, its software, related
equipment, communications facilities, if any, and includes computer
networks.
   (8) "Data" means information of any kind in any form, including
computer software.

   (9) "Person" means a natural person, corporation, trust,
partnership, incorporated or unincorporated association and any
other legal or governmental entity, including any state or
municipal entity or public official.
   (10) "Private personal data" means data concerning a natural
person which a reasonable person would want to keep private and
which is protectable under law.
   (11) "Property" means anything of value, including data.

                        GENERAL STATUTES OF CONNECTICUT
                             TITLE 53A.  PENAL CODE

                       CHAPTER 952.  PENAL CODE: OFFENSES

                     PART XXII.  COMPUTER-RELATED OFFENSES

                       Conn. Gen. Stat. @ 53a-251 (1989)

Sec. 53a-251.  Computer crime.

   (a) Defined.  A person commits computer crime when he violates
any of the provisions of this section.

   (b) Unauthorized access to a computer system.  (1) A person is
guilty of the computer crime of unauthorized access to a computer
system when, knowing that he is not authorized to do so, he
accesses or causes to be accessed any computer system without
authorization.

   (2) It shall be an affirmative defense to a prosecution for
unauthorized access to a computer system that: (A) The person
reasonably believed that the owner of the computer system, or a
person empowered to license access thereto, had authorized him to
access; (B) the person reasonably believed that the owner of the
computer system, or a person empowered to license access thereto,
would have authorized him to access without payment of any
consideration; or (C) the person reasonably could not have known
that his access was unauthorized.
   (c) Theft of computer services.  A person is guilty of the
computer crime of theft of computer services when he accesses or
causes to be accessed or otherwise uses or causes to be used a
computer system with the intent to obtain unauthorized computer
services.

   (d) Interruption of computer services.  A person is guilty of
the computer crime of interruption of computer services when he,
without authorization, intentionally or recklessly disrupts or
degrades or causes the disruption or degradation of computer
services or denies or causes the denial of computer services to an
authorized user of a computer system.

   (e) Misuse of computer system information.  A person is guilty
of the computer crime of misuse of computer system information
when: (1) As a result of his accessing or causing to be accessed a
computer system, he intentionally makes or causes to be made an
unauthorized display, use, disclosure or copy, in any form, of data
residing in, communicated by or produced by a computer system; or
(2) he intentionally or recklessly and without authorization (A)
alters, deletes, tampers with, damages, destroys or takes data
intended for use by a computer system, whether residing within or
external to a computer system, or (B) intercepts or adds data to
data residing within a computer system; or (3) he knowingly
receives or retains data obtained in violation of subdivision (1)
or (2) of this subsection; or (4) he uses or discloses any data he
knows or believes was obtained in violation of subdivision (1) or
(2) of this subsection.
   (f) Destruction of computer equipment.  A person is guilty of
the computer crime of destruction of computer equipment when he,
without authorization, intentionally or recklessly tampers with,
takes, transfers, conceals, alters, damages or destroys any
equipment used in a computer system or intentionally or recklessly
causes any of the foregoing to occur.


                        GENERAL STATUTES OF CONNECTICUT

                             TITLE 53A.  PENAL CODE

                       CHAPTER 952.  PENAL CODE: OFFENSES

                     PART XXII.  COMPUTER-RELATED OFFENSES

                       Conn. Gen. Stat. @ 53a-252 (1989)

Sec. 53a-252.  Computer crime in the first degree: Class B felony.
   (a) A person is guilty of computer crime in the first degree
when he commits computer crime as defined in section 53a-251 and
the damage to or the value of the property or computer services
exceeds ten thousand dollars.
   (b) Computer crime in the first degree is a class B felony.


                        GENERAL STATUTES OF CONNECTICUT

                             TITLE 53A.  PENAL CODE

                       CHAPTER 952.  PENAL CODE: OFFENSES

                     PART XXII.  COMPUTER-RELATED OFFENSES

                       Conn. Gen. Stat. @ 53a-253 (1989)

Sec. 53a-253.  Computer crime in the second degree: Class C felony.

   (a) A person is guilty of computer crime in the second degree
when he commits computer crime as defined in section 53a-251 and
the damage to or the value of the property or computer services
exceeds five thousand dollars.
   (b) Computer crime in the second degree is a class C felony.


                        GENERAL STATUTES OF CONNECTICUT

                             TITLE 53A.  PENAL CODE

                       CHAPTER 952.  PENAL CODE: OFFENSES

                     PART XXII.  COMPUTER-RELATED OFFENSES
                       Conn. Gen. Stat. @ 53a-254 (1989)

Sec. 53a-254.  Computer crime in the third degree: Class D felony.
   (a) A person is guilty of computer crime in the third degree
when he commits computer crime as defined in section 53a-251 and
(1) the damage to or the value of the property or computer services
exceeds one thousand dollars or (2) he recklessly engages in
conduct which creates a risk of serious physical injury to another
person.

   (b) Computer crime in the third degree is a class D felony.


                        GENERAL STATUTES OF CONNECTICUT

                             TITLE 53A.  PENAL CODE

                       CHAPTER 952.  PENAL CODE: OFFENSES

                     PART XXII.  COMPUTER-RELATED OFFENSES

                       Conn. Gen. Stat. @ 53a-255 (1989)

Sec. 53a-255.  Computer crime in the fourth degree: Class A
misdemeanor.
   (a) A person is guilty of computer crime in the fourth degree
when he commits computer crime as defined in section 53a-251 and
the damage to or the value of the property or computer services
exceeds five hundred dollars.
   (b) Computer crime in the fourth degree is a class A
misdemeanor.


                        GENERAL STATUTES OF CONNECTICUT

                             TITLE 53A.  PENAL CODE

                       CHAPTER 952.  PENAL CODE: OFFENSES

                     PART XXII.  COMPUTER-RELATED OFFENSES

                       Conn. Gen. Stat. @ 53a-256 (1989)

Sec. 53a-256.  Computer crime in the fifth degree: Class B
misdemeanor.
   (a) A person is guilty of computer crime in the fifth degree
when he commits computer crime as defined in section 53a-251 and
the damage to or the value of the property or computer services, if
any, is five hundred dollars or less.
   (b) Computer crime in the fifth degree is a class B misdemeanor.




                             TITLE 53A.  PENAL CODE

                       CHAPTER 952.  PENAL CODE: OFFENSES

                     PART XXII.  COMPUTER-RELATED OFFENSES

                       Conn. Gen. Stat. @ 53a-257 (1989)

Sec. 53a-257.  Alternative fine based on defendant's gain.

   If a person has gained money, property or services or other
consideration through the commission of any offense under section
53a-251, upon conviction thereof the court, in lieu of imposing a
fine, may sentence the defendant to pay an amount, fixed by the
court, not to exceed double the amount of the defendant's gain from
the commission of such offense.  In such case the court shall make
a finding as to the amount of the defendant's gain from the offense
and, if the record does not contain sufficient evidence to support
such a finding, the court may conduct a hearing upon the issue.
For the purpose of this section, "gain" means the amount of money
or the value of property or computer services or other
consideration derived.



                        GENERAL STATUTES OF CONNECTICUT

                             TITLE 53A.  PENAL CODE

                       CHAPTER 952.  PENAL CODE: OFFENSES

                     PART XXII.  COMPUTER-RELATED OFFENSES

                       Conn. Gen. Stat. @ 53a-258 (1989)

Sec. 53a-258.  Determination of degree of crime.

   Amounts included in violations of section 53a-251 committed
pursuant to one scheme or course of conduct, whether from the same
person or several persons, may be aggregated in determining the
degree of the crime.


                        GENERAL STATUTES OF CONNECTICUT

                             TITLE 53A.  PENAL CODE

                       CHAPTER 952.  PENAL CODE: OFFENSES

                     PART XXII.  COMPUTER-RELATED OFFENSES

                       Conn. Gen. Stat. @ 53a-259 (1989)

Sec. 53a-259.  Value of property or computer services.
   (a) For the purposes of this part and section 52-570b, the value
of property or computer services shall be: (1) The market value of
the property or computer services at the time of the violation; or
(2) if the property or computer services are unrecoverable, damaged
or destroyed as a result of a violation of section 53a-251, the
cost of reproducing or replacing the property or computer services
at the time of the violation.

   (b) When the value of the property or computer services or
damage thereto cannot be satisfactorily ascertained, the value
shall be deemed to be two hundred fifty dollars.

   (c) Notwithstanding the provisions of this section, the value of
private personal data shall be deemed to be one thousand five
hundred dollars.


                        GENERAL STATUTES OF CONNECTICUT

                             TITLE 53A.  PENAL CODE

                       CHAPTER 952.  PENAL CODE: OFFENSES

                     PART XXII.  COMPUTER-RELATED OFFENSES

                       Conn. Gen. Stat. @ 53a-260 (1989)

Sec. 53a-260.  Location of offense.

   (a) In any prosecution for a violation of section 53a-251, the
offense shall be deemed to have been committed in the town in which
the act occurred or in which the computer system or part thereof
involved in the violation was located.
   (b) In any prosecution for a violation of section 53a-251 based
upon more than one act in violation thereof, the offense shall be
deemed to have been committed in any of the towns in which any of
the acts occurred or in which a computer system or part thereof
involved in a violation was located.


                        GENERAL STATUTES OF CONNECTICUT

                             TITLE 53A.  PENAL CODE

                       CHAPTER 952.  PENAL CODE: OFFENSES

                     PART XXII.  COMPUTER-RELATED OFFENSES

                       Conn. Gen. Stat. @ 53a-261 (1989)

Sec. 53a-261.  Jurisdiction.

   If any act performed in furtherance of the offenses set out in
section 53a-251 occurs in this state or if any computer system or
part thereof accessed in violation of section 53a-251 is located in
this state, the offense shall be deemed to have occurred in this
state.


                        GENERAL STATUTES OF CONNECTICUT

                            TITLE 52.  CIVIL ACTIONS

             CHAPTER 925.  STATUTORY RIGHTS OF ACTION AND DEFENSES
                       Conn. Gen. Stat. @ 52-570b (1989)

Sec. 52-570b.  Action for computer-related offenses.

   (a) Any aggrieved person who has reason to believe that any
other person has been engaged, is engaged or is about to engage in
an alleged violation of any provision of section 53a-251 may bring
an action against such person and may apply to the superior court
for: (1) An order temporarily or permanently restraining and
enjoining the commencement or continuance of such act or acts; (2)
an order directing restitution; or (3) an order directing the
appointment of a receiver.  Subject to making due provisions for
the rights of innocent persons, a receiver shall have the power to
sue for, collect, receive and take into his possession any property
which belongs to the person who is alleged to have violated any
provision of section 53a-251 and which may have been derived by,
been used in or aided in any manner such alleged violation.  Such
property shall include goods and chattels, rights and credits,
moneys and effects, books, records, documents, papers, choses in
action, bills, notes and property of every description including
all computer system equipment and data, and including property with
which such property has been commingled if it cannot be identified
in kind because of such commingling.  The receiver shall also have
the power to sell, convey and assign all of the foregoing and hold
and dispose of the proceeds thereof under the direction of the
court.  Any person who has suffered damages as a result of an
alleged violation of any provision of section 53a-251, and submits
proof to the satisfaction of the court that he has in fact been
damaged, may participate with general creditors in the distribution
of the assets to the extent he has sustained out-of-pocket losses.
The court shall have jurisdiction of all questions arising in such
proceedings and may make such orders and judgments therein as may
be required.

   (b) The court may award the relief applied for or such other
relief as it may deem appropriate in equity.

   (c) Independent of or in conjunction with an action under
subsection (a) of this section, any person who suffers any injury
to person, business or property may bring an action for damages
against a person who is alleged to have violated any provision of
section 53a-251.  The aggrieved person shall recover actual damages
and damages for unjust enrichment not taken into account in
computing damages for actual loss, and treble damages where there
has been a showing of wilful and malicious conduct.

   (d) Proof of pecuniary loss is not required to establish actual
damages in connection with an alleged violation of subsection (e)
of section 53a-251 arising from misuse of private personal data.

   (e) In any civil action brought under this section, the court
shall award to any aggrieved person who prevails, reasonable costs
and reasonable attorney's fees.
   (f) The filing of a criminal action against a person is not a
prerequisite to the bringing of a civil action under this section
against such person.
   (g) A civil action may be brought under this section against the
state or any political subdivision thereof and the defense of
governmental immunity shall not be available in any such action.
The rights and liability of the state or any political subdivision
thereof in each such action shall be coextensive with and shall
equal the rights and liability of private persons in like
circumstances.
   (h) No civil action under this section may be brought but within
three years from the date the alleged violation of section 53a-251
is discovered or should have been discovered by the exercise of
reasonable diligence. 



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