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- /* BBS LEGAL GUIDE COMMENTARY- The Iowa Computer Crime law
- follows. This statute was enacted in 1984. */
-
- CHAPTER 716A.1. Definitions
-
- As used in this chapter, unless the context otherwise requires:
-
- 1 "Access" means to instruct, communicate with, store data in, or
- retrieve data from a computer, computer system or computer
- network.
-
- (2) "Computer" means an electronic device which performs logical,
- arithmetical, and memory functions by manipulations of electronic
- or magnetic impulses, and includes all input, output, processing,
- storage, computer software, and communications facilities which
- are connected or related to the computer in a computer system or
- computer network.
-
- (3) "Computer systems" means related, connected or unconnected,
- computers or peripheral equipment.
-
- (4) "Computer network" means a set related, remotely connected
- devices and communication facilities including two or more
- computers with capability to transmit data among them through
- communication facilities.
-
- (5) "Computer program" means an ordered set of instructions or
- statements that, when executed by a computer causes the computer
- to process data;
-
- (6) "Computer software" means a set of computer programs,
- procedures, or associated documentation used in the operation of
- a computer.
-
- (7) "Data" means a representation of information, knowledge,
- facts, concepts or instructions that has been prepared or is
- being prepared in a formalized manner and has been processed, or
- is intended to be processed in a computer. Data may be in any
- form including, but not limited to, printouts, magnetic storage
- media, punched cards and as stored in the memory of a computer.
-
- (8) "Property" means anything of value as defined in section
- 702.14, including but not limited to computers and computer data
- information, software, and programs.
-
- (9) "Services" means the use of a computer, computer system, or
- computer network and includes, but is not limited to, computer
- time, data processing, and storage functions.
-
- (10) "Loss of property" means the greatest of the following:
-
- a. The retail value of the property involved.
-
- b. The reasonable replacement or repair cost, whichever is less.
-
- (11) "Loss of services" means the reasonable value of the damage
- created by the unavailability or lack of utility of the property
- or services involved until repair or replacement can be affected.
-
- 716A.2. Unauthorized access
-
- A person knowingly and without authorization access a computer,
- computer system, or computer network commits a simple
- misdemeanor.
-
- 716A.3. Computer damage defined
-
- A person commits computer damage when the person knowingly and
- without authorization damages or destroys a computer, computer
- system, computer network, computer software, computer program,
- or any other property as defined in section 716A.1, subsection 8,
- or knowingly and without authorization and with the intent to
- injure or defraud alters any computer, computer system, computer
- network, computer software, computer program, or any other
- property as defined in section 716A.1, subsection 8.
-
- 716A.4. Computer damage in the first degree
-
- Computer damage is computer damage in the first degree when the
- damage results in a loss of property or service of more than five
- thousand dollars. Computer damage in the first degree is a class
- "C" felony.
-
- 716A.5. Computer damage in the second degree
-
- Computer damage is computer damage in the second degree when the
- damage results in a loss of property or service of more than five
- hundred dollars but not more than five thousand dollars. Computer
- damage in the first degree is a class "D" felony.
-
- 716A.6. Computer damage in the third degree
-
- Computer damage is computer damage in the third degree when the
- damage results in a loss of property or service of more than one
- hundred dollars but more more than five hundred dollars. Computer
- damage in the third degree is an aggravated misdemeanor.
-
- 716A.7. Computer damage in the fourth degree
-
- Computer damage is computer damage in the third degree when the
- damage results in a loss of property or service of more than
- fifty dollars but not more than one hundred dollars. Computer
- damage in the fourth degree is an serious misdemeanor.
-
- 716A.8. Computer damage in the fifth degree
-
- Computer damage is computer damage in the fifth degree when the
- damage results in a loss of property or service of not more than
- fifty dollars. Computer damage in the fifth degree is a simple
- misdemeanor.
-
- 716A.9. Computer theft defined
-
- A person commits computer theft when the person knowingly and
- without authorization accesses or causes to be accessed a
- computer, computer system, or computer network, or any part
- thereof, for the purpose of obtaining services, information or
- property or knowingly and without authorization and with the
- intent to permanently deprive the owner of possession, takes,
- transfers, conceals or retains possession of a computer, computer
- system, or computer network or any computer software or program,
- or data contained in a computer, computer system, or computer
- network.
-
- 716A.10. Computer theft in the first degree
-
- Computer theft is computer theft in the first degree when the
- theft results in a loss of property or service of more than five
- thousand dollars. Computer theft in the first degree is a class
- "C" felony.
-
- 716A.11. Computer theft in the second degree
-
- Computer theft is computer theft in the second degree when the
- theft results in a loss of property or service of more than five
- hundred dollars but not more than five thousand dollars. Computer
- theft in the first degree is a class "D" felony.
-
- 716A.12. Computer theft in the third degree
-
- Computer theft is computer theft in the third degree when the
- theft results in a loss of property or service of more than one
- hundred dollars but more more than five hundred dollars. Computer
- theft in the third degree is an aggravated misdemeanor.
-
- 716A.13. Computer theft in the fourth degree
-
- Computer theft is computer theft in the third degree when the
- theft results in a loss of property or service of more than fifty
- dollars but not more than one hundred dollars. Computer theft in
- the fourth degree is an serious misdemeanor.
-
- 716A.14. Computer theft in the fifth degree
-
- Computer theft is computer theft in the fifth degree when the
- theft results in a loss of property or service of not more than
- fifty dollars. Computer theft in the fifth degree is a simple
- misdemeanor.
-
- 716A.15. Chapter not exclusive
-
- This chapter does not preclude the applicability of any other
- provision of the law of this state which is not inconsistent with
- this chapter and which applies or may apply to an act or
- transaction in violation of this chapter.
-
- 716A.16. Printouts admissible as evidence
-
- In a prosecution under this chapter, computer printouts shall be
- admitted as evidence of any computer software, program, or data
- contained in or taken from a computer, notwithstanding an
- applicable rule of evidence to the contrary.
-