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TUCoPS :: Cyber Law :: n_jersey.txt

New Jersey Computer Crime Law





                          NEW JERSEY STATUTES ANNOTATED
               COPR. (c) WEST 1990  No Claim to Orig. Govt. Works
               TITLE 2C.  THE NEW JERSEY CODE OF CRIMINAL JUSTICE
                   SUBTITLE 2. DEFINITION OF SPECIFIC OFFENSES
                        PART 2. OFFENSES AGAINST PROPERTY
                     CHAPTER 20. THEFT AND RELATED OFFENSES
                           II. COMPUTER-RELATED CRIMES

 2C:20-23. Definitions

  As used in this act:
  a. "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.
  b. "Computer" means an electronic device or another similar device capable of
 executing a computer program, including arithmetic, logic, memory or input-
 output operations, by the manipulation of electronic or magnetic impulses and
 includes all computer equipment connected to such a device in a computer system
 or network.
  c. "Computer equipment" means any equipment or devices, including all input,
 output, processing, storage, software, or communications facilities, intended
 to interface with the computer.
  d. "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.
  e. "Computer program" means a series of instructions or statements executable
 on a computer, which directs the computer system in a manner to produce a
 desired result.
  f. "Computer software" means a set of computer programs, data, procedures, and
 associated documentation concerned with the operation of a computer system.
  g. "Computer system" means a set of interconnected computer equipment intended
 to operate as a cohesive system.
  h. "Data" means information, facts, concepts, or instructions prepared for use
 in a computer, computer system, or computer network.
  i. "Data base" means a collection of data.
  j. "Financial instrument" includes but is not limited to a check, draft,
 warrant, money order, note, certificate of deposit, letter of credit, bill of
 exchange, credit or debit card, transaction authorization mechanism, marketable
 security and any computer representation of these items.
  k. "Services" includes but is not limited to the use of a computer system,
 computer network, computer programs, data prepared for computer use and data
 contained within a computer system or computer network.

                           1990 Pocket Part Credit(s)

 L.1984, c. 184, s 2.

                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  Effective and operative dates, see note under s 2C:20-1.

 Title of Act:

  An Act concerning COMPUTER-RELATED CRIMES, amending N.J.S. 2C:20-1 and
 supplementing chapter 20 of Title 2C of the New Jersey Statutes.  L.1984, c.
 184.


 2C:20-24. Value of property or services

  For the purposes of this act, the value of any property or services, including
 the use of computer time, shall be their fair market value, if it is determined
 that a willing buyer and willing seller exist.  Alternatively, value shall
 include but not be limited to the cost of generating or obtaining data and
 storing it within a computer or computer system.

                           1990 Pocket Part Credit(s)

 L.1984, c. 184, s 3.

                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  Effective and operative dates, see note under s 2C:20-1.


 2C:20-25. Computer-related theft

  A person is guilty of theft if he purposely or knowingly and without
 authorization:
  a. Alters, damages, takes or destroys any data, data base, computer program,
 computer software or computer equipment existing internally or externally to a
 computer, computer system or computer network;
  b. Alters, damages, takes or destroys a computer, computer system or computer
 network;
  c. Accesses or attempts to access any computer, computer system or computer
 network for the purpose of executing a scheme to defraud, or to obtain
 services, property, or money, from the owner of a computer or any third party;
 or
  d. Alters, tampers with, obtains, intercepts, damages or destroys a financial
 instrument.

                           1990 Pocket Part Credit(s)

 L.1984, c. 184, s 4.
                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  Effective and operative dates, see note under s 2C:20-1.



 2C:20-26. Property or services of $75,000 or more;  degree of crime

  a. Theft under section 4 of this act [FN1] constitutes a crime of the second
 degree if the offense results in the altering, damaging, destruction or
 obtaining of property or services with a value of $75,000.00 or more.  It shall
 also be a crime of the second degree if the offense results in a substantial
 interruption or impairment of public communication, transportation, supply of
 water, gas or power, or other public service.
  b. A person is guilty of a CRIME of the third degree if he purposely or
 knowingly accesses and recklessly alters, damages, destroys or obtains any
 data, data base, COMPUTER, COMPUTER program, COMPUTER software, COMPUTER
 equipment, COMPUTER system or COMPUTER network with a value of $75,000.00 or
 more.

                           1990 Pocket Part Credit(s)

 L.1984, c. 184, s 5.

  [FN1] Section 2C:20-25.


                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  Effective and operative dates, see note under s 2C:20-1.



 2C:20-27. Property or services between $500 and $75,000;  degree of crime

  a. Theft under section 4 of this act [FN1] constitutes a crime of the third
 degree if the offense results in the altering, damaging, destruction, or
 obtaining of property or services with a value of at least $500.00 but less
 than $75,000.00.
  b. A person is guilty of a CRIME of the fourth degree if he purposely or
 knowingly accesses and recklessly alters, damages, destroys or obtains any
 data, data base, COMPUTER, COMPUTER program, COMPUTER software, COMPUTER
 equipment, COMPUTER system or COMPUTER network with a value of at least $500.00
 but less than $75,000.00.

                           1990 Pocket Part Credit(s)

 L.1984, c. 184, s 6.

  [FN1] Section 2C:20-25.


                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  Effective and operative dates, see note under s 2C:20-1.



 2C:20-28. Property or services between $200 and $500;  degree of crime

  a. Theft under section 4 of this act [FN1] constitutes a crime of the fourth
 degree if the offense results in the altering, damaging, destruction or
 obtaining of property or services with a value of more than $200.00 but less
 than $500.00.
  b. A person is guilty of a disorderly persons offense if he purposely or
 knowingly accesses and recklessly alters, damages, destroys or obtains any
 data, data base, computer, computer program, computer software, computer
 equipment, computer system or computer network with a value of more than
 $200.00 but less than $500.00.

                           1990 Pocket Part Credit(s)

 L.1984, c. 184, s 7.

  [FN1] Section 2C:20-25.


                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  Effective and operative dates, see note under s 2C:20-1.



 2C:20-29. Property or services of $200 or less;  disorderly persons offense

  a. Theft under section 4 of this act [FN1] constitutes a disorderly persons
 offense when the offense results in the altering, damaging, destruction or
 obtaining of property or services with a value of $200.00 or less.
  b. A person is guilty of a petty disorderly persons offense if he purposely or
 knowingly accesses and recklessly alters, damages, destroys or obtains any
 data, data base, computer, computer program, computer software, computer
 equipment, computer system or computer network with a value of $200.00 or less.

                           1990 Pocket Part Credit(s)

 L.1984, c. 184, s 8.

  [FN1] Section 2C:20-25.


                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  Effective and operative dates, see note under s 2C:20-1.

 2C:20-31. Disclosure of data from wrongful access;  no assessable damage;
   degree of crime

  A person is guilty of a crime of the third degree if he purposely and without
 authorization accesses a computer system or any of its parts and directly or
 indirectly discloses or causes to be disclosed data, data base, computer
 software or computer programs, where the accessing and disclosing cannot be
 assessed a monetary value or loss.

                           1990 Pocket Part Credit(s)

 L.1984, c. 184, s 10.
                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  Effective and operative dates, see note under s 2C:20-1.


 2C:20-32. Wrongful access to computer;  lack of damage or destruction;
   disorderly persons offense

  A person is guilty of a disorderly persons offense if he purposely and without
 authorization accesses a computer or any of its parts and this action does not
 result in the altering, damaging or destruction of any property or services.

                           1990 Pocket Part Credit(s)

 L.1984, c. 184, s 11.

                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  Effective and operative dates, see note under s 2C:20-1.



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