home *** CD-ROM | disk | FTP | other *** search
- /* R FRINGE COMMENTARY: Here's the Montana Computer Law Statute.
- Section 45-2-101, Montana Code */
-
- SECTION 45-2-101 General definitions. Unless otherwise specified
- in the statute,, all words will be taken in the objective
- standard rather than in the subjective, and unless a different
- meaning plainly is required, the following definitions apply in
- this title:
-
- /* The Montana statute places all definitions at the beginning of
- its criminal code. Consequently, we are deleting things that have
- nothing to do with computer technology. */
-
- (1) "Acts" has its usual and ordinary meaning and includes
- any bodily movement, any form of communication, and where
- relevant, a failure or omission to take action.
-
- *****
-
- (3) "Another" means a person or persons, as defined in this
- code, other than the offender.
-
- (4) "Benefit" means gain or advantage or anything regard by
- the beneficiary as gain or advantage, including benefit to any
- other person or entity un whose welfare he is interested, but not
- an advantage promised generally or a group or class of voters a
- a consequence of public measures which a candidate engages to
- support or oppose.
-
- SECTION 45-6-310 Definition-- computer use. As used in 45-6-311,
- the term "obtain the use of" means to instruct, communicate with,
- store data in, retrieve data from, cause input to, cause output
- from, or otherwise make use of any resources of a computer,
- computer system, or computer network or to cause another to
- instruct, communicate with, store data in, retrieve data from,
- cause input to, cause output from, or otherwise make use of any
- resources of a computer, computer system, or computer network.
-
- SECTION 45-6-311 UNLAWFUL USE OF A COMPUTER (1) A person commits
- the offense of unlawful use of a computer if he knowingly or
- purposefully:
-
- (a) obtains the use of any computer, computer system, or
- computer network without the consent of the owner;
-
- (b) alters or destroys or causes another to alter or destroy
- a computer program or computer software without consent of the
- owner; or
-
- (c) obtains the use of or alters or destroys a computer,
- computer system, computer network, or any part thereof as part of
- a deception for the purpose of obtaining money, property, or
- computer services from the owner of the computer, computer
- system, computer network, or part thereof or from any other
- person.
-
- (2) A person convicted of the offense of unlawful use of a
- computer involving property not exceeding $300.00 in value,
- shall be fined not to exceed $500.00 or be imprisoned in the
- county jail not to exceed six months, or both. A person
- convicted of the offense of unlawful use of a computer involving
- property exceeding $300.00 in value shall be fined not more than
- 2 1/2 times the value of the property used, altered, destroyed,
- or obtained, or be imprisoned in the state prison for a term not
- to exceed 10 years, or both.
-
-