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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-08-25
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/* COMMENTARY- The Iowa Computer Crime law
follows. This statute was enacted in 1984. */
CHAPTER 716A.1. Definitions
As used in this chapter, unless the context otherwise requires:
1 "Access" means to instruct, communicate with, store data in, or
retrieve data from a computer, computer system or computer
network.
(2) "Computer" means an electronic device which performs logical,
arithmetical, and memory functions by manipulations of electronic
or magnetic impulses, and includes all input, output, processing,
storage, computer software, and communications facilities which
are connected or related to the computer in a computer system or
computer network.
(3) "Computer systems" means related, connected or unconnected,
computers or peripheral equipment.
(4) "Computer network" means a set related, remotely connected
devices and communication facilities including two or more
computers with capability to transmit data among them through
communication facilities.
(5) "Computer program" means an ordered set of instructions or
statements that, when executed by a computer causes the computer
to process data;
(6) "Computer software" means a set of computer programs,
procedures, or associated documentation used in the operation of
a computer.
(7) "Data" means a representation of information, knowledge,
facts, concepts or instructions that has been prepared or is
being prepared in a formalized manner and has been processed, or
is intended to be processed in a computer. Data may be in any
form including, but not limited to, printouts, magnetic storage
media, punched cards and as stored in the memory of a computer.
(8) "Property" means anything of value as defined in section
702.14, including but not limited to computers and computer data
information, software, and programs.
(9) "Services" means the use of a computer, computer system, or
computer network and includes, but is not limited to, computer
time, data processing, and storage functions.
(10) "Loss of property" means the greatest of the following:
a. The retail value of the property involved.
b. The reasonable replacement or repair cost, whichever is less.
(11) "Loss of services" means the reasonable value of the damage
created by the unavailability or lack of utility of the property
or services involved until repair or replacement can be affected.
716A.2. Unauthorized access
A person knowingly and without authorization access a computer,
computer system, or computer network commits a simple
misdemeanor.
716A.3. Computer damage defined
A person commits computer damage when the person knowingly and
without authorization damages or destroys a computer, computer
system, computer network, computer software, computer program,
or any other property as defined in section 716A.1, subsection 8,
or knowingly and without authorization and with the intent to
injure or defraud alters any computer, computer system, computer
network, computer software, computer program, or any other
property as defined in section 716A.1, subsection 8.
716A.4. Computer damage in the first degree
Computer damage is computer damage in the first degree when the
damage results in a loss of property or service of more than five
thousand dollars. Computer damage in the first degree is a class
"C" felony.
716A.5. Computer damage in the second degree
Computer damage is computer damage in the second degree when the
damage results in a loss of property or service of more than five
hundred dollars but not more than five thousand dollars. Computer
damage in the first degree is a class "D" felony.
716A.6. Computer damage in the third degree
Computer damage is computer damage in the third degree when the
damage results in a loss of property or service of more than one
hundred dollars but more more than five hundred dollars. Computer
damage in the third degree is an aggravated misdemeanor.
716A.7. Computer damage in the fourth degree
Computer damage is computer damage in the third degree when the
damage results in a loss of property or service of more than
fifty dollars but not more than one hundred dollars. Computer
damage in the fourth degree is an serious misdemeanor.
716A.8. Computer damage in the fifth degree
Computer damage is computer damage in the fifth degree when the
damage results in a loss of property or service of not more than
fifty dollars. Computer damage in the fifth degree is a simple
misdemeanor.
716A.9. Computer theft defined
A person commits computer theft when the person knowingly and
without authorization accesses or causes to be accessed a
computer, computer system, or computer network, or any part
thereof, for the purpose of obtaining services, information or
property or knowingly and without authorization and with the
intent to permanently deprive the owner of possession, takes,
transfers, conceals or retains possession of a computer, computer
system, or computer network or any computer software or program,
or data contained in a computer, computer system, or computer
network.
716A.10. Computer theft in the first degree
Computer theft is computer theft in the first degree when the
theft results in a loss of property or service of more than five
thousand dollars. Computer theft in the first degree is a class
"C" felony.
716A.11. Computer theft in the second degree
Computer theft is computer theft in the second degree when the
theft results in a loss of property or service of more than five
hundred dollars but not more than five thousand dollars. Computer
theft in the first degree is a class "D" felony.
716A.12. Computer theft in the third degree
Computer theft is computer theft in the third degree when the
theft results in a loss of property or service of more than one
hundred dollars but more more than five hundred dollars. Computer
theft in the third degree is an aggravated misdemeanor.
716A.13. Computer theft in the fourth degree
Computer theft is computer theft in the third degree when the
theft results in a loss of property or service of more than fifty
dollars but not more than one hundred dollars. Computer theft in
the fourth degree is an serious misdemeanor.
716A.14. Computer theft in the fifth degree
Computer theft is computer theft in the fifth degree when the
theft results in a loss of property or service of not more than
fifty dollars. Computer theft in the fifth degree is a simple
misdemeanor.
716A.15. Chapter not exclusive
This chapter does not preclude the applicability of any other
provision of the law of this state which is not inconsistent with
this chapter and which applies or may apply to an act or
transaction in violation of this chapter.
716A.16. Printouts admissible as evidence
In a prosecution under this chapter, computer printouts shall be
admitted as evidence of any computer software, program, or data
contained in or taken from a computer, notwithstanding an
applicable rule of evidence to the contrary.