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- /* BBS LEGAL GUIDE COMMENTARY- The New Jersey Computer -Related
- Crimes law. It is section 2C:20 of the Code of Criminal Justice
- of New Jersey, adopted in 1984. */
-
- 2C20-23. Definitions.
-
- As used in this act:
-
- a. "Access" means to instruct, communicate with, store data in,
- or retrieve data from, or otherwise make use of any resources of
- a computer, computer system or computer network.
-
- b. "Computer" means an electronic device or other similar device
- capable of executing a computer program, including arithmetic,
- logical, arithmetical, and memory or input-output operations, by
- manipulations of electronic or magnetic impulses, and includes
- all computer equipment connected to such a device in a computer
- system or network.
-
- c. "Computer equipment" means any equipment or devices, including
- all input, output, processing, storage, software or
- communications facilities, intended to interface with the
- computer.
-
- d. "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.
-
- e. "Computer program" means a series of instructions or
- statements executable on a computer in a manner to produce a
- desired result.
-
- f. "Computer software" means a set of computer programs, data,
- procedures and associated documentation concerned with the
- operation of a computer system.
-
- g. "Computer system" means a set of interconnected computer
- equipment intended to operate as a cohesive system.
-
- h. "Data" means information, facts, concepts, or instructions
- prepared for use in a computer, computer system, or computer
- network.
-
- i. "Data base" means a collection of data.
-
- j. "Financial instrument" includes but is not limited to a check,
- draft, warrant, money order, note, certificate of deposit, letter
- of credit, bill of exchange credit or debit card, transaction
- authorization mechanism, marketable security and any computer
- representation of these items.
-
- k. "Services" includes but is not limited to the use of a
- computer system, computer network, computer programs, data
- prepared for computer use and data contained within a computer
- system or computer network.
-
- 2C:20-24. Value of property or services
-
- For the purposes of this act, the value of any property or
- services, including the use of computer time, shall be their fair
- market value, if it is determined that a willing buyer and
- willing seller exist. ALternatively, value shall include but not
- be limited to the cost of generating or obtaining data and
- storing it within a computer or computer system.
-
- 2C:20-25. Computer-related theft
-
- A person is guilty of theft if he purposefully and without
- authorization:
-
- a. Alters, damages, takes or destroys any data, data base,
- computer program, computer software or computer equipment existing
- internally or externally to a computer, computer system or
- computer network;
-
- b. Alters, damages, takes or destroys a computer, computer system
- or computer network;
-
- c. Accesses or attempts to access any computer, computer system
- or computer network for the purpose of executing a scheme to
- defraud, or to obtain services, property or money, from the owner
- of a computer or any third party; or
-
- d. Alters, tampers with, obtains, intercepts, damages or destroys
- a financial instrument.
-
- 2C:20-26. Property of services of $ 75,000 or more; degree of
- crime
-
- a. Theft under section 4 of this act constitutes a crime of the
- second degree if the offense results in the altering, damaging,
- destruction or obtaining of property or services with a value of
- $ 75,000 or more. It shall also be a crime of the second degree
- if the offense results in a substantial interruption or
- impairment of public communication, transportation, supply of
- water, gas or power, or other public service.
-
- b. A person is guilty of a crime of the third degree if he
- purposefully or knowingly access and recklessly alters, damages,
- destroys or obtains any data, data base, computer, computer
- program, computer software, computer equipment, computer system
- or computer network with a value of $ 75,000 or more.
-
- 2C:20-27. Property of services between $ 500 and $ 75,000; degree
- of crime
-
- a. Theft under section 4 of this act constitutes a crime of the
- third degree if the offense results in the altering, damaging,
- destruction or obtaining of property or services with a value of
- at least $ 500.00 but less than $ 75,000.
-
- b. A person is guilty of a crime of the fourth degree if he
- purposefully or knowingly access and recklessly alters, damages,
- destroys or obtains any data, data base, computer, computer
- program, computer software, computer equipment, computer system
- or computer network with a value of at least $ 500 but less than
- $ 75,000.
-
- 2C:20-28. Property of services between $ 200 and $ 500; degree of
- crime
-
- a. Theft under section 4 of this act constitutes a crime of the
- fourth degree if the offense results in the altering, damaging,
- destruction or obtaining of property or services with a value of
- more than $ 200.00 but less than $ 500.00.
-
- b. A person is guilty of a disorderly persons offense if he
- purposefully or knowingly access and recklessly alters, damages,
- destroys or obtains any data, data base, computer, computer
- program, computer software, computer equipment, computer system
- or computer network with a value of $ 200.00 or but less than $
- 500.00.
-
-
- 2C:20-29. Property of services between $ 200 and $ 500; degree of
- crime
-
- a. Theft under section 4 of this act constitutes a crime of the
- fourth degree if the offense results in the altering, damaging,
- destruction or obtaining of property or services with a value of
- $ 200.00 or less.
-
- b. A person is guilty of a petty disorderly persons offense if he
- purposefully or knowingly access and recklessly alters, damages,
- destroys or obtains any data, data base, computer, computer
- program, computer software, computer equipment, computer system
- or computer network with a value of $ 200.00 or less.
-
- 2C:20-30. Damage or wrongful access to computer system; no
- assessable damage; degree of crime
-
- A person is guilty of a crime of the third degree if the
- purposely and without authorization accesses, alters, damages or
- destroys a computer system or any of its part, where the
- accessing and altering cannot be assess a monetary value or loss.
-
- 2C:20-31. Disclosure of data from wrongful access; no assessable
- damage; degree of crime
-
- A person is guilty of a crime of the third degree is he purposely
- and without authorization access a computer system or any of its
- parts and directly or indirectly discloses or causes to be
- disclosed data, data base, computer software or computer
- programs, where the accessing and disclosing cannot be assessed a
- monetary value or loss.
-
- 2C:20-32. Wrongful access to computer; lack of damage of
- destruction; disorderly persons offense
-
- A person is guilty of a disorderly person offense if he purposely
- and without authorization access a computer or any of its parts
- and this action does not result in the altering, damaging or
- destruction of any property or services.
-
- 2C:20-33. Copy or alteration of program or software with value of
- $ 1,000 or less
-
- The copying or altering of a computer program or computer
- software shall not constitute theft for the purposes of chapters
- 20 and 21 of Title 2C of the New Jersey Statutes or any offense
- under this act if the computer program or computer software is of
- a retail value of $ 1,000 or less and is not copied for resale.
-
- 2C:20-34. Situs of offense
-
- For the purpose of prosecution under this act, the situs of an
- offense of theft shall be the location of the computer which is
- accessed, or where the terminal used in the offense is situated,
- or where the actual damage occurs.