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TUCoPS :: Cyber Law :: idaho.txt

Idaho Computer Crime Law





                          IDAHO CODE @ 18-2201 (1990)
                       TITLE 18.  CRIMES AND PUNISHMENTS

                          CHAPTER 22.  COMPUTER CRIME

                          Idaho Code @ 18-2201 (1990)

@ 18-2201. Definitions.

   As used in this chapter:
   (1) To "access" means to instruct, communicate with, store data
in, retrieve data from or otherwise make use of any resources of a
computer, computer system, or computer network.
   (2) "Computer" means, but is not limited to, an electronic
device which performs logical, arithmetic, or memory functions by
the manipulations of electronic or magnetic impulses, and includes
all input, output, processing, storage, software, or communication
facilities which are connected or related to such a device in a
system or network.
   (3) "Computer network" means, but is not limited to, the
interconnection of communication lines (including microwave or
other means of electronic communication) with a computer through
remote terminals, or a complex consisting of two (2) or more
interconnected computers.
   (4) "Computer program" means, but is not limited to, a series of
instructions or statements, in a form acceptable to a computer,
which permits the functioning of a computer system in a manner
designed to provide appropriate products from such computer system.

   (5) "Computer software" means, but is not limited to, computer
programs, procedures, and associated documentation concerned with
the operation of a computer system.
   (6) "Computer system" means, but is not limited to, a set of
related, connected or unconnected, computer equipment, devices, and
software.
   (7) "Property" includes, but is not limited to, financial
instruments, information, including electronically produced data,
and computer software and programs in either machine or human
readable form, and any other tangible or intangible item of value.

   (8) "Services" include, but are not limited to, computer time,
data processing, and storage functions.

HISTORY: [I.C., @ 18-2201, as added by 1984, ch. 68, @ 1, p. 129.]
 NOTES:
COMPILER'S NOTES. Former @@ 18-2201 and 18-2202 which comprised
I.C., @@ 18-2201 --18-2202 as added by S.L. 1972, ch. 336, @ 1 were
repealed by S.L. 1972, ch. 381, @ 17, effective April 1, 1972.
   The words in parentheses so appeared in the law as enacted.


                          CHAPTER 22.  COMPUTER CRIME

                          Idaho Code @ 18-2202 (1990)

@ 18-2202. Computer crime.

   (1) Any person who knowingly accesses, attempts to access or
uses, or attempts to use any computer, computer system, computer
network, or any part thereof for the purpose of: devising or
executing any scheme or artifice to defraud; obtaining money,
property, or services by means of false or fraudulent pretenses,
representations, or promises; or committing theft; commits computer
crime.
   (2) Any person who knowingly and without authorization alters,
damages, or destroys any computer, computer system, or computer
network described in section 18-2201, Idaho Code, or any computer
software, program, documentation, or data contained in such
computer, computer system, or computer network commits computer
crime.
   (3) Any person who knowingly and without authorization uses,
accesses, or attempts to access any computer, computer system, or
computer network described in section 18-2201, Idaho Code, or any
computer software, program, documentation or data contained in such
computer, computer system, or computer network, commits computer
crime.
   (4) A violation of the provisions of subsections (1) or (2) of
this section shall be a felony. A violation of the provisions of
subsection (3) of this section shall be a misdemeanor.

HISTORY: [I.C., @ 18-2202, as added by 1984, ch. 68, @ 1, p. 129.]
 NOTES:

                .                           KANSAS STATUTES ANNOTATED

                       CHAPTER 21. CRIMES AND PUNISHMENTS

                              KANSAS CRIMINAL CODE

                          PART II. PROHIBITED CONDUCT

                      ARTICLE 37. CRIMES AGAINST PROPERTY

                            K.S.A. @ 21-3755 (1988)

21-3755.  Computer crime; unlawful computer access.

   (1) As used in this section, the following words and phrases
shall have the meanings respectively ascribed thereto:

   (a) "Access" means to approach, instruct, communicate with,
store data in, retrieve data from, or otherwise make use of any
resources of a computer, computer system or computer network.

   (b) "Computer" means an electronic device which performs work
using programmed instruction and which has one or more of the
capabilities of storage, logic, arithmetic or communication and
includes all input, output, processing, storage, software or
communication facilities which are connected or related to such a
device in a system or network.

   (c) "Computer network" means the interconnection of
communication lines, including microwave or other means of
electronic communication, with a computer through remote terminals,
or a complex consisting of two or more interconnected computers.

   (d) "Computer program" means a series of instructions or
statements in a form acceptable to a computer which permits the
functioning of a computer system in a manner designed to provide
appropriate products from such computer system.
   (e) "Computer software" means computer programs, procedures and
associated documentation concerned with the operation of a computer
system.
   (f) "Computer system" means a set of related computer equipment
or devices and computer software which may be connected or
unconnected.
   (g) "Financial instrument" means any check, draft, money order,
certificate of deposit, letter of credit, bill of exchange, credit
card, debit card or marketable security.

   (h) "Property" includes, but is not limited to, financial
instruments, information, electronically produced or stored data,
supporting documentation and computer software in either machine or
human readable form and any other tangible or intangible item of
value.

   (i) "Services" includes, but is not limited to, computer time,
data processing and storage functions and other uses of a computer,
computer system or computer network to perform useful work.

   (j) "Supporting documentation" includes, but is not limited to,
all documentation used in the construction, classification,
implementation, use or modification of computer software, computer
programs or data.
   (2) Computer crime is:

   (a) Willfully and without authorization gaining or attempting to
gain access to and damaging, modifying, altering, destroying,
copying, disclosing or taking possession of a computer, computer
system, computer network or any other property;

   (b) using a computer, computer system, computer network or any
other property for the purpose of devising or executing a scheme or
artifice with the intent to defraud or for the purpose of obtaining
money, property, services or any other

thing of value by means of false or fraudulent pretense or
representation; or
   (c) willfully exceeding the limits of authorization and
damaging, modifying, altering, destroying, copying, disclosing or
taking possession of a computer, computer system, computer network
or any other property.

   Computer crime which causes a loss of the value of less than $
150 is a class A misdemeanor.

   Computer crime which causes a loss of the value of $ 150 or more
is a class E felony.

   (3) In any prosecution for computer crime, it is a defense that
the property or services were appropriated openly and avowedly
under a claim of title made in good faith.

   (4) Unlawful computer access is willfully, fraudulently and
without authorization gaining or attempting to gain access to any
computer, computer system, computer network or to any computer
software, program, documentation, data or property contained in any
computer, computer system or computer network.
   Unlawful computer access is a class A misdemeanor.

   (5) This section shall be part of and supplemental to the Kansas
criminal code.

HISTORY: L. 1985, ch. 108, @ 1; July 1.



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