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north_da.txt
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1998-03-25
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NORTH DAKOTA
TITLE: RACKETEER INFLUENCED AND CORRUPT
ORGANIZATIONS
DEFINITIONS: ñ12.1-06.1-01. DEFINITIONS
3. For the purposes of section 12.1-06.1-08:
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, communication, or
memory and includes all input, output, processing,
storage, software, or communication facilities that
are connected or related to such a device in a
system or network.
c. "Computer network" means the interconnection
of communication lines, including microwave, fiber
optics, light beams, or other means of electronic or
optic data 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 a set of computer
programs, procedures, and associated
documentation concerned with the operation of a
computer system.
f. "Computer system" means a set of related,
connected or unconnected computer equipment,
devices and software.
g. "Financial instrument" means any credit card,
debit card, or electronic fund transfer card, code,
or other means of access to an account for the
purpose of initiating electronic fund transfers, or
any check, draft, money order, certificate of
deposit, letter of credit, bill of exchange,
marketable security, or any other written
instrument, which is transferable for value.
h. "Property" includes financial instruments,
information, electronically produced data or stored
data, supporting documentation, computer
software and computer programs in either
machine or human readable form, and any other
tangible or intangible item of value.
i. "Services" includes computer time, data
processing and storage functions, and other uses of
a computer system, or computer network to
perform useful work.
OFFENSES: ñ 12.1-06.1-08. COMPUTER FRAUD
ñ 12.1-06.1-08. COMPUTER CRIME
ELEMENTS: ñ 12.1-06.1-08. COMPUTER FRAUD
1. A person commits computer fraud by gaining
or attempting to gain access to, altering, damaging,
modifying, copying, disclosing, taking possession
of, or destroying any computer, computer system,
computer network, or any part of such computer,
system, or network, without authorization, and
with the intent to devise or execute any scheme or
artifice to defraud, deceive, prevent the authorized
use of, or control property or services by means of
false and fraudulent pretenses, representations, or
promises. A person who commits computer fraud
is guilty of a Class C felony.
ñ 12.1-06.1-08. COMPUTER CRIME
2. A person commits computer crime by
intentionally and either in excess of authorization
given or without authorization gaining or
attempting to gain access to, altering, damaging,
modifying, copying, disclosing, taking possession
of, destroying, or preventing the authorized use of
any computer, computer system, or computer
network, or any computer software, program, or
data contained in such computer, computer
system, or computer network. A person who
commits computer crime is guilty of a class A
misdemeanor.
PENALTIES: ñ 12.1-06.1-08. COMPUTER FRAUD
1. A person commits computer fraud [elements of
offense set out above]. A person who commits
computer fraud is guilty of a Class C felony.
ñ 12.1-06.1-08. COMPUTER CRIME
2. A person commits computer crime [elements of
offense set out above]. A person who commits
computer crime is guilty of a class A misdemeanor.
VENUE: Not stated.
CIVIL REMEDY: No reference to civil remedy.
CITATION: N.D. Cent. Code ññ 12.1-06.1-01, 12.1-06.1-08
SOURCE: S.L. 1983, ch. 163, ñ 8; amended, 1987, ch. 164, ñ
2.