/* 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.