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- /*R FRINGE COMMENTARY: "Computer-Related Offenses" from the
- Connecticut General Statutes. */
-
- PART XXII
-
- SECTION 53a-250
-
- For the purposes of this part and section 52-570b:
-
- (1) "Access" means to instruct, communicated with, store data
- in or retrieve data from a computer, computer system or computer
- network.
-
- (2) "Computer" means a programmable, electronic device
- capable of accepting and processing data.
-
- (3) "Computer network" means (A) a set of related devices
- connected through a computer by communications facilities, or (b)
- a complex of two or more computers, including related devices,
- connected by communications facilities.
-
- (4) "Computer program" means a set of instructions,
- statements or related data that, in actual or modified form, is
- capable of causing a computer or computer system to perform
- specified functions.
-
- (5) "Computer services" includes, but is not limited to,
- computer access, data processing and data storage.
-
- (6) "Computer software" means one or more computer programs,
- existing in any form, or any associated operational procedures,
- manuals or other documentation.
-
- (7) "Computer system" means a computer, its software, related
- equipment, communications facilities, if any, and includes
- computer networks.
-
- (8) "Data" means information of any kind in any form,
- including computer software.
-
- (9) "Person" means a natural person, corporation, trust,
- partnership, incorporated or unincorporated association and any
- other legal or governmental entity, including any state or
- municipal entity or public official.
-
- /* This is very interesting. Apparently, the State of Connecticut
- is providing that the State has got liability for software
- piracy. Compare this to the State of California. */
-
- (10) "Private personal data" means data concerning a natural
- person which a reasonable person would want to keep private and
- which is protectable under law.
-
- (11) "Property" means anything of value, including data.
-
- SECTION 53a-251 Computer Crime
-
- (a) Defined. A person commits computer crime when he violated
- any of the provisions of this section.
-
- (b) Unauthorized access to a computer system. (1) A person is
- guilty of the computer crime of unauthorized access to a computer
- system when, knowing that he is not authorized to do so, he
- accesses or causes to be accesses any computer system without
- authorization.
-
- (2) It shall be an affirmative defense to a prosecution for
- unauthorized access to a computer system that: (A) The person
- reasonably believed that the owner of the computer system, or a
- person empowered to license access thereto, had authorized him to
- access; (B) the person reasonably believed that the owner of the
- computer system, or a person empowered to license access thereto,
- would have authorized him to access without payment of any
- consideration; or (C) the person reasonably could not have known
- that his access was unauthorized.
-
- /* This means that the sign on your system, and the opening
- screens of anything that you want to keep confidential (for
- example, embedded in the files themselves) clearly marked as
- confidential. */
-
- (c) Theft of computer services. A person is guilty of the
- computer crime of theft of computer services when he accesses or
- caused to be accessed or otherwise uses or causes to be used a
- computer system with the intent to obtain unauthorized computer
- services.
-
- (d) Interruption of computer services. A person is guilty of
- the computer crime of interruption of computer services when he,
- without authorization, intentionally or recklessly disrupts or
- degrades or causes the disruption or degradation of computer
- services or denies or causes the denial of computer services to
- an authorized user of a computer system.
-
- (e) Misuse of computer system information. A person is guilty
- of the computer crime of misuses of computer system information
- when: (1) As a result of his accessing or causing to be accessed
- a computer system, he intentionally makes or causes to be made an
- unauthorized display, use, disclosure or copy, in any form, of
- data residing in, communicated by or produced by a computer
- system; or (2) he intentionally or recklessly and without
- authorization (A) alters, deletes, tampers with, damages,
- destroys or takes data intended for use by a computer system, or
- (B) intercepts or adds data to data residing within a computer
- system; or (3) he knowingly receives or retains data obtained in
- violation of subdivision (1) or (2) of this subsection; or (4)
- he uses or discloses any data he knows or believes was obtained
- in violation of subdivision (1) or (2) of this subsection.
-
- (f) A person is guilty of the computer crime of destruction
- of computer equipment when he, without authorization,
- intentionally or recklessly tampers with, takes, transfers,
- conceals, alters, damages or destroys any equipment used in
- a computer system or intentionally or recklessly causes any of
- the foregoing to occur.
-
- SECTION 53a-252 Computer crime in the first degree: Class B
- felony
-
- (a) A person is guilty of computer crime in the first degree
- when he commits computer crime as is defined in section 53a-251
- and the damages to or the value of the property or computer
- services exceeds ten thousand dollars.
-
- (b) Computer crime in the first degree is a Class B felony.
-
- SECTION 53a-253. Computer crime in the second degree: Class C
- felony.
-
- (a) A person is guilty of computer time in the second degree
- when he commits computer crime as defined in section 53a-251 and
- the damage to or the value of the property or computer services
- exceeds five thousand dollars.
-
- (b) Computer crime in the second degree is a Class C felony.
-
- SECTION 53a-254. Computer crime in the third degree: Class D
- felony.
-
- (a) A person is guilty of computer time in the third degree
- when he commits computer crime as defined in section 53a-251 and
- (1) the damage to or the value of the property or computer
- services exceeds one thousand dollars or (2) he recklessly
- engages in conduct which creates a risk of serious physical
- injury to another person.
-
- (b) Computer crime in the second degree is a Class D felony.
-
- SECTION 53a-255. Computer crime in the fourth degree: Class A
- misdemeanor.
-
- (a) A person is guilty of computer time in the fourth degree
- when he commits computer crime as defined in section 53a-251 and
- the damage to or the value of the property or computer services
- exceeds five hundred dollars.
- (b) Computer crime in the fourth degree is a Class A
- misdemeanor.
-
- SECTION 53a-256.Computer crime in the fifth degree: Class B
- misdemeanor.
-
- (a) A person is guilty of computer time in the fifth degree
- when he commits computer crime as defined in section 53a-251 and
- the damage to or the value of the property or computer services,
- if any, is five hundred dollars or less.
- (b) Computer crime in the fifth degree is a Class B
- misdemeanor.
-
- SECTION 53a-257. Alternative fine based on defendant's gain.
-
- If a person has gained money, property or services or other
- consideration through the commission of any offense under section
- 53a-251, upon conviction thereof, the court, in lieu of imposing
- a fine, may sentence the defendant to pay an amount, fixed by the
- court, not to exceed double the amount of the defendant's gain
- from the commission of such offense. In such case the court shall
- make a finding as to the amount of the defendant's gain from the
- offense, and if the record does not contain sufficient evidence
- to support such a finding, the court may conduct a hearing upon
- the issue. For the purpose of this section, "gain" means the
- amount of money or the value of property or computer services or
- other consideration derived.
-
- SECTION 53a-258. Determination of degree of crime.
-
- Amounts included in violations of Section 53a-251 committed
- pursuant to one scheme or course of conduct, whether from the
- same person or several persons, may be aggregated in determining
- the degree of the crime.
-
- SECTION 53a-259. Value of property or computer services.
-
- (a) For the purposes of this part and section 52-570b, the
- value of property or computer services shall be: (1) The market
- value of the property or computer services at the time of the
- violation; or (2) if the property or computer services are
- unrecoverable, damages or destroyed as a result of a violation of
- section 53a-251, the cost of reproducing or replacing the
- property or computer services at the time of the violation.
-
- (b) When the value of the property or computer services or
- damage thereto cannot be satisfactorily ascertained, the value
- shall be deemed to be two hundred fifty dollars.
-
- (c) Notwithstanding the provisions of this section, the
- value of private personal data shall be deemed to be one thousand
- five hundred dollars.
-
- SECTION 53a-26. Location of offense.
-
- (a) In any prosecution for a violation of section 53a-251
- the offense shall be deemed to have been committed in the town in
- which the act occurred or in which the computer system or part
- thereof involved in the violation was located.
-
- (b) In any prosecution for a violation of section 53a-251
- based upon more than one act in violation thereof, the offense
- shall be deemed to have been committed in any of the towns in
- which any of the acts occurred or in which a computer system or
- part thereof involved was located.
-
- (c) If any act performed in furtherance of the offenses set
- out in section 53a-251 occurs in this state or if any computer
- system or part thereof accessed in violation of section 53a-251
- is located in this state, the offense shall be deemed to have
- occurred in this state.