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- /* R FRINGE COMMENTARY: Here's the New Hampshire Computer Crimes
- Law, adopted in January, 1986, New Hampshire Revised Statutes
- [1955] section 638:16.*/
-
- SECTION 638:16 Computer Crime; Definitions
-
- For the purpose of this subdivision:
-
- I. "Access" means to instruct, communicate with, store data
- in, retrieve data from a computer, computer system or computer
- network.
-
- II. "Computer" means a programmable, electronic device
- capable of accepting and processing data.
-
- III. "Computer network" means (a) a set of related devices
- connected to a computer by communication facilities, or (b) a
- complex of two or more computers, including related devices,
- connected by communications facilities.
-
- IV. "Computer program" means a set of instructions, or
- statements or related data that, in actual or modified form, is
- capable of causing a computer to perform specified functions.
-
- V. "Computer services" includes, but is not limited to,
- computer access, data processing and data storage.
-
- VI. "Computer software" one or more computer programs,
- existing in any form, or associated operational procedures,
- manuals, or other documentation.
-
- VII. "Computer system" means a computer, its software,
- related equipment, communications facilities, if any, and
- includes computer networks.
-
- VIII. "Data" means information of any kind in any
- form, including computer software.
-
- IX. "Person" means a natural person, corporation, trust,
- partnership, incorporated or unincorporated association, and any
- other legal or governmental entity, including any state or
- municipal entity or public official.
-
- /* This means that the state, despite the current status of the
- law (states aren't liable for copyright infringement) is included
- in the computer crimes field. */
-
- X. "Property" means anything of value, including data.
-
-
- SECTION 638:17 Computer Related Offenses.
-
- I. A person is guilty of the computer crime of unauthorized
- access to a computer system when, knowing that he is not
- authorized to do so, he knowingly access or causes to be
- accessed any computer system without authorization. It shall be
- an affirmative defense to prosecution for unauthorized access to
- a computer system that:
-
- (a) The person reasonably believed that the owner of the
- computer system, or a person empowered to license access thereto,
- had authorized him to access; or
-
- (b) The person reasonably believes that the owner of the
- computer system, or a person empowered to license access thereto,
- would have authorized him to access without payment of any
- consideration;
-
- /* If you are running a BBS and you want to limit access to only
- those who give their real names, and the system is a no-charge
- BBS, then you would have to make that clear on sign on. Please
- see the source code library for ASCII code for such a sign on. */
-
- (c) The person reasonably could not have known that his
- access was unauthorized.
-
- II. A person is guilty of the computer crime of theft of
- computer services when he knowingly accesses or causes to be used
- a computer system with the purpose of obtaining unauthorized
- computer services.
-
- III. A person is guilty of the computer crime of interruption
- of computer services when he, without authorization, knowingly or
- recklessly disrupts or degrades or causes the disruption or
- degradation of computer services or denies or causes the denial
- of computer services to an authorized user of a computer system.
-
- IV. A person is guilty
- of the computer crime of misuse of computer system information
- when:
-
- (a) As a result of his accessing or causing to be accessed
- a computer system, he intentionally makes or causes to be made an
- unauthorized display, use, disclosure or copy, in any form, of
- data residing in, communicated by or produced by a computer
- system; or
-
- (b) he knowingly or recklessly and without authorization:
-
- (1) Alters, deletes, tampers with, damages, destroys or
- takes data intended for use by a computer system, whether
- residing within or external to a computer system; or
-
- (2) Intercepts or adds data to data residing within a computer
- system; or
-
- (c) he knowingly receives or retains data obtained in
- violation of subparagraph (a) or (b) of this paragraph; or
-
- (d) He knowingly uses or discloses any data he knows or
- believes was obtained in violation of subparagraph (a) or
- (b) of this subsection.
-
- V. A person is guilty of the computer crime of destruction
- of computer equipment when he, without authorization, knowingly
- or recklessly tampers with, takes, transfers, conceals, alters,
- damages or destroys any equipment used in a computer system or
- knowingly or recklessly causes any of the foregoing to occur.
-
- SECTION 638:18 Computer Crime Penalties.
-
- I. Computer crime constitutes a class A felony if the damage
- to the damage to or the value of the property or computer
- services exceeds $ 1,000.
-
- II. Computer crime constitutes a Class B felony if:
-
- (a) The damage to or the value of the property or computer services
- exceeds $ 500; or
-
- (b) The person recklessly engages in conduct which creates a
- risk of serious physical injury to another person.
-
- III. Computer crime is a misdemeanor if the damage to or the
- value of the property or computer services, if any, is $ 500 or
- less.
-
-
- IV. If a person has gained money, property or services or
- other consideration through the commission of any offense under
- RS 638:17, upon conviction thereof, the court, in addition to any
- sentence of imprisonment or other form of sentence authorized by
- RSA 651, may in lieu of imposing a fine, may sentence the
- defendant to pay an amount, fixed by the court, not to exceed
- double the amount of the defendant's gain from the commission of
- such offense. In such case the court shall make a finding as to
- the amount of the defendant's gain from the offense, and if the
- record does not contain sufficient evidence to support such a
- finding, the court may conduct a hearing upon the issue. For the
- purpose of this section, "gain" means the amount of money or the
- value of property or computer services or other consideration
- derived.
-
- V. For the purposes of this section:
-
- (a) The value of property or computer services shall be:
-
- (1) The market value of the property or computer services at
- the time of the violation; or
-
- (2) if the property or computer services are unrecoverable,
- damaged or destroyed as a result of a violation of RSA 638:17 the
- cost of reproducing or replacing the property or computer
- services at the time of the violation.
-
- (b) Amounts included in violations of RSA 638:17 committed
- pursuant to one scheme or course of conduct, whether from the
- same person or several persons, may be aggregated in determining
- the grade of the offense.
-
- (c) When the value of the property or computer services or
- damage thereto cannot be satisfactorily ascertained, the value
- shall be deemed to be two hundred fifty dollars.
-
- SECTION 638:19 Venue
-
- I. In any prosecution for a violation of RSA 638:17
- the offense shall be deemed to have been committed in the town in
- which the act occurred or in which the computer system or part
- thereof involved in the violation was located.
-
- /*"Venue" is the law of where a case will be heard. Venue is easy
- in an armed robbery of a liquor store, since you know where the
- crime took place, and ordinarily, crimes are tried in the area
- where they took place. But in computer crime, it is very hard to
- figure out where the crime took place. The venue provision of New
- Hampshire basically says that it can be tried wherever you can
- catch the baddie. */
-
- II. In any prosecution for a violation of RSA 638:17 based
- upon more than one act in violation thereof, the offense shall be
- deemed to have been committed in any of the towns in which any of
- the acts occurred or in which a computer system or part thereof
- involved in a violation was located.
-
- III. If any act performed in furtherance of the offenses
- prohibited by RSA 638:17 occurs in this state or if any computer
- system or part thereof accessed in violation of RSA 638:17 is
- located in this state, the offense shall be deemed to have
- occurred in this state.