home *** CD-ROM | disk | FTP | other *** search
- /* R FRINGE COMMENTARY: The Nebraska Computer Crimes Law,
- effective 1985, Nebraska Criminal Code, Section 28-1343*/
-
- SECTION 28-1343. Terms, defined.
-
- For the purposes of sections 28-1343 to 28-1348, unless the
- context otherwise requires:
-
- (1) Access shall mean to instruct, to communicate with, store
- data in, retrieve data from or otherwise use the resources of a
- computer computer network;
-
- (2) Computer shall mean a high-speed data processing device
- or system which performs logical, arithmetic, data storage and
- retrieval, communication or control functions, and includes any
- input, output, data storage, processing, or communications
- facilitates directly related to or operating in conjunction with
- any such device or system;
-
- (3) Computer network shall mean the interconnection of
- communication links with a computer or an interconnection of
- computers which communicate with each other;
-
- (4) Computer program shall mean an ordered set of
- instructions, statements or related data that directs or is
- intended to direct the computer to perform certain specified
- functions;
-
- (5) Data shall mean a representation or information, facts,
- knowledge, concepts or instructions prepared in a formalized or
- other manner and intended for use in a computer or computer
- network;
-
- (6) Property shall mean any tangible or intangible thing of
- value and shall include, but not be limited to, financial
- instruments, data, computer programs, information, computer-
- produced or stored data whether in human readable or computer
- readable form.
-
-
- SECTION 97-45-3. Computer fraud; penalties.
-
- (1) Computer fraud is the accessing or causing to be accessed
- of any computer, computer system, computer network, or any part
- thereof with the intent to:
-
- (a) Defraud, or
-
- (b) To obtain money, property or services by means of false
- or fraudulent conduct, practices or representations; or through
- the false or fraudulent alteration, deletion or insertion of
- programs or data.
-
- (2) Whoever commits the offense of computer fraud shall be
- punished, upon conviction, by a fine of not more than Ten
- Thousand Dollars, or by imprisonment for not more than five
- years, or both by such fine and imprisonment.
-
- SECTION 97-45-5. Offense against computer users; penalties
-
- (1) An offense against computer users is the intentional:
-
- (a) denial to an authorized user, without consent, of
- the full and effective use of or access to a computer, a
- computer system, a computer network or computer
- services; or
-
- (b) use or disclosure to another, without consent, of
- the numbers, codes, passwords or other means of access
- to a computer, a computer system, a computer network, or
- computer services.
-
- (2) Whoever commits an offense against computer users shall
- be punished, upon conviction, by a fine of not more than One
- Thousand Dollars ($ 1,000), or by imprisonment for not more than
- six months, or by both such fine and imprisonment. However, when
- the damage or loss amounts to a value of One Hundred Dollars or
- more, the offender may be punished, upon convictions, by a fine
- of not more than Ten Thousand Dollars, or imprisonment for not
- more than 5 years, or by both such fine and imprisonment.
-
- SECTION 97-45-7. Offense against computer equipment, penalties.
-
- (1) An offense against intellectual property is the
- intentional:
-
- (a) Destruction, insertion or modification, without
- consent, of intellectual property; or
-
- (b) Disclosure, use, copying, taking or accessing,
- without consent, of intellectual property.
-
- (2) Whoever commits an offense against intellectual property
- shall be punished, upon conviction, by a fine of not more than
- One Thousand Dollars ($ 1,000), or by imprisonment for not more
- than six months, or by both such fine and imprisonment. However,
- when the damage or loss amounts to a value of One Hundred Dollars
- or more, the offender may be punished, upon convictions, by a
- fine of not more than Ten Thousand Dollars, or imprisonment for
- not more than 5 years, or by both such fine and imprisonment.
-
- (3) The provisions of this section shall not apply to the
- disclosure, use, copying, taking, or accessing by proper means as
- defined in this chapter.