Hacks & Cracks/Hacks_and_Cracks.iso/hackersclub/km/laws/laws/new_jers.txt

Text File | 1998-03-25 | 11KB | 282 lines

NEW JERSEY
TITLE:    Computer-Related Crimes
DEFINITIONS:    ñ 2C:20-23.  Definitions

As used in this act:

a.  "Access" means to 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 or another similar
device capable of executing a computer program, including
arithmetic, logic, memory or input-output operations, by the
manipulation 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, which directs the
computer system 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.
OFFENSES:      ñ 2C:20-25.  Computer-related theft

ñ 2C:20-30.  Damage or wrongful access to computer system

ñ 2C:20-31.  Disclosure of data from wrongful access

ñ 2C:20-32.  Wrongful access to computer; lack of damage or
destruction; disorderly persons offense

ñ 2C:20-33.  Copy or alteration of program or software with
value of $1,000 or less
ELEMENTS:    ñ 2C:20-25.  Computer-related theft

A person is guilty of theft if he purposely or knowingly 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.

ñ 2C:20-30.  Damage or wrongful access to computer system;
no assessable damage

A person is guilty of a crime of the third degree if he
purposely and without authorization accesses, alters,
damages or destroys a computer system or any of its parts,
where the accessing and altering cannot be assessed a
monetary value or loss.

ñ 2C:20-31.  Disclosure of data from wrongful access; no
assessable damage

A person is guilty of a crime of the third degree if he
purposely and without authorization accesses 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 program, where the accessing
and disclosing cannot be assessed a monetary value or loss.

ñ 2C:20-32.  Wrongful access to computer; lack of damage or
destruction

A person is guilty of a disorderly persons offense if he
purposely and without authorization accesses a computer or
any of its parts and this action does not result in the
altering, damaging or destruction of any property of
services.

ñ 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 purpose 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 $1,000.00 or less
and is not copied for resale.
PENALTIES:    ñ 2C:20-26.  property or services of $75,000 or
more

a.  Theft under section 4 of this act [ñ 2C:20-25]
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 $75,000.00 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
purposely or knowingly accesses 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
$75,000.00 or more.

ñ 2C:20-27.  property or services between $500 and $75,000;
degree of crime

a.  Theft under section 4 of this act [ñ 2C:20-25]
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 $75,000.00.

b.  A person is guilty of a crime of the fourth degree if he
purposely or knowingly accesses 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
$500.00 but less than $75,000.00.

ñ 2C:20-28.  property or services between $200 and $500;
degree of crime

a.  Theft under section 4 of this act [ñ 2C:20-25]
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
purposely or knowingly accesses 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 more
than $200.00 but less than $500.00.

ñ 2C:20-29.  property or services of $200 or less;
disorderly persons offense

a.  Theft under section 4 of this act [ñ 2C:20-25]
constitutes a disorderly persons offense 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 purposely or knowingly accesses 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.
VENUE:    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.
MISCELLANEOUS:    2C:20-24.  VALUE OF PROPERTY OR SERVICES

For the purposes of this act, the value of any property or
services, including 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.
CIVIL REMEDY:    New Jersey provides civil remedies in a
companion statute passed as part of the same legislation
that includes the criminal statute.  Parts of it are
identical with the criminal statute.

ñ 2A.38A-1 repeats the definitions set forth in ñ 2C:20-23
above and adds one more:

k.  "Property" includes but is not limited to financial
instruments, information, data, and computer software, in
either human readable or computer readable form, copies or
originals, and any other tangible or intangible item of
value.

ñ 2A:38A-2 is identical with 2C:20-24 on value of property
or services.

The venue in 2A:38A-6 is the same as in 2C:20-34.

The substantive provisions of the civil statute read as
follows:

ñ 2A:38A-3.  Computer-related offenses; compensatory and
punitive damages; costs and expenses

A person or enterprise damaged in business or property as a
result of any of the following actions may sue the actor
therefor in the Superior Court and may recover compensatory
and punitive damages and the cost of the suit, including a
reasonable attorney's fee, costs of investigation and
litigation;

a.  The purposeful or knowing, and unauthorized altering,
damaging, taking or destruction of any data, data base,
computer program, computer software or computer equipment
existing internally or externally to a computer, computer
system or computer network;

b.  The purposeful or knowing, and unauthorized altering,
damaging, taking or destroying of a computer, computer
system or computer network;

c.  The purposeful or knowing, and unauthorized accessing or
attempting to access and computer, computer system or
computer network;

d.  The purposeful or knowing, and unauthorized altering,
accessing, tampering with, obtaining, intercepting, damaging
or destroying of a financial instrument; or

e.  The purposeful or knowing accessing and reckless
altering, damaging, destroying or obtaining of any data,
data base, computer program, computer software computer
equipment, computer system or computer network.

2A:38A-4.  Value of loss; finding of fact

The value of damage, loss, property or income involved in
any lawsuit shall be determined by the trier of fact.

2A:38A-5.  INJUNCTIONS

In addition to any other action or proceeding authorized by
law, the Attorney General, or a person or enterprise
alleging injury or loss may bring an action in Superior
Court to enjoin actions causing damage as described in this
act or to enjoin any acts in furtherance thereof.
    ñ 2A:38A-6.  Venue of Action

Actions brought under this act may be filed in the Superior
Court of the county in which the computer which is accessed
is located, or where the terminal used in the accessing is
situated, or where the actual damage occurs.
CITATION:    N.J. Stat. Ann. ññ 2A:38A-1 thru 2A:38A-6,
2C:20-23 thru 2C:20-34.
source:    L. 1984, c. 182; L. 1984, c. 184.