KANSAS
TITLE:	CrimeS and Punishments
DEFINITIONS:	¤ 21-3755.  Definitions

(1)  As used in this section the following words and phrases 
shall have the meanings respectively ascribed thereto:

(a)  "Access" means to approach, instruct, communicate with, 
store data in, retrieve data from, or otherwise make use of 
any resources of a computer, computer system or computer 
network.

(b)  "Computer" means an electronic device which performs 
work using programmed instruction and which has one or more 
of the capabilities of storage, logic, arithmetic or 
communication and includes all input, output, processing, 
storage, software or communication facilities which are 
connected or related to such a device in a system or 
network.

(c)  "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.

(d)  "Computer program" means a series of instructions or 
statements in a form acceptable to a computer which permits 
the functioning of a computer system in a manner designed to 
provide appropriate products from such computer system.

(e)  "Computer software" means computer programs, procedures 
and associated documentation concerned with the operation of 
a computer system.  

(f)  "Computer system" means a set of related computer 
equipment or devices and computer software which may be 
connected or unconnected.  

(g)  "Financial instrument" means any check, draft, money 
order, certificate of deposit, letter of credit, bill of 
exchange, credit card, debit card or marketable security.

(h)  "Property" includes, but is not limited to, financial 
instruments, information, electronically produced or stored 
data, supporting documentation and computer software in 
either machine or human readable form and any other tangible 
or intangible item of value.  

(i)  "Services" includes, but is not limited to, computer 
time, data processing and storage functions, and other uses 
of a computer system or computer network to perform useful 
work.

(j)  "Supporting documentation" includes, but is not limited 
to, all documentation used in the construction, 
classification, implementation, use or modification of 
computer software, computer programs or data.
OFFENSE:	¤ 21-3755.  Computer Crime; Unlawful Computer 
Access
ELEMENTS:	¤ 21-3755.  Computer Crime; Unlawful Computer 
Access

(2)  Computer crime is:

(a)  Willfully and without authorization gaining or 
attempting to gain access to and damaging, modifying, 
altering, destroying, copying, disclosing or taking 
possession of a computer, computer system, computer network 
or any other property; 

(b) using a computer, computer system, computer network or 
any other property for the purpose of devising or executing 
a scheme or artifice with the intent to defraud or for the 
purpose of obtaining money, property, services or any other 
thing of value by means of false or fraudulent pretense or 
representation; or 

(c) willfully exceeding the limits of authorization and 
damaging, modifying, altering, destroying, copying, 
disclosing, or taking possession of a computer, computer 
system, computer network or any other property.

(4)  Unlawful computer access is willfully, fraudulently and 
without authorization gaining or attempting to gain access 
to any computer, computer system, computer network or to any 
computer software, program, documentation, data or property 
contained in any computer, computer system or computer 
network.
DEFENSE:	¤ 21-3755.  Computer Crime; Unlawful Computer 
Access

In any prosecution for computer crime, it is a defense that 
the property or services were appropriated openly and 
avowedly under a claim of title made in good faith.
PENALTIES:	¤ 21-3755.  Computer Crime; Unlawful Computer 
Access

(2)(c)  Computer crime which causes a loss of the value of 
less than $150 is a class A misdemeanor.  

Computer crime which causes a loss of the value of $150 or 
more is a class E felony.

(4)  Unlawful computer access is a class A misdemeanor.
VENUE:	Not stated.
CIVIL REMEDY:	No reference to civil remedy.
MISCELLANEOUS:	¤ 21-3755.  Computer Crime; Unlawful 
Computer Access

(5)  This section shall be part of and supplemental to the 
Kansas criminal code.
CITATION:	Kansas Stat. ¤ 21-3755.
SOURCE:	L. 1985, ch. 108, ¤ 1, July 1.