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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 Former @@ 18-2201 and 18-2202 which comprised I.C., @@ 18-2201 --18-2202 as added by S.L. 1972, ch. 336, @ 1 were repealed by S.L. 1972, ch. 381, @ 17, effective April 1, 1972.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.