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- NEW JERSEY STATUTES ANNOTATED
- COPR. (c) WEST 1990 No Claim to Orig. Govt. Works
- TITLE 2C. THE NEW JERSEY CODE OF CRIMINAL JUSTICE
- SUBTITLE 2. DEFINITION OF SPECIFIC OFFENSES
- PART 2. OFFENSES AGAINST PROPERTY
- CHAPTER 20. THEFT AND RELATED OFFENSES
- II. COMPUTER-RELATED CRIMES
-
- 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.
-
- 1990 Pocket Part Credit(s)
-
- L.1984, c. 184, s 2.
-
- HISTORICAL NOTES
-
- HISTORICAL AND STATUTORY NOTES
-
- 1990 Pocket Part Historical and Statutory Notes
-
- Effective and operative dates, see note under s 2C:20-1.
-
- Title of Act:
-
- An Act concerning COMPUTER-RELATED CRIMES, amending N.J.S. 2C:20-1 and
- supplementing chapter 20 of Title 2C of the New Jersey Statutes. L.1984, c.
- 184.
-
-
- 2C:20-24. Value of property or services
-
- For the purposes of this act, the value of any property or services, including
- the 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.
-
- 1990 Pocket Part Credit(s)
-
- L.1984, c. 184, s 3.
-
- HISTORICAL NOTES
-
- HISTORICAL AND STATUTORY NOTES
-
- 1990 Pocket Part Historical and Statutory Notes
-
- Effective and operative dates, see note under s 2C:20-1.
-
-
- 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.
-
- 1990 Pocket Part Credit(s)
-
- L.1984, c. 184, s 4.
- HISTORICAL NOTES
-
- HISTORICAL AND STATUTORY NOTES
-
- 1990 Pocket Part Historical and Statutory Notes
-
- Effective and operative dates, see note under s 2C:20-1.
-
-
-
- 2C:20-26. Property or services of $75,000 or more; degree of crime
-
- a. Theft under section 4 of this act [FN1] 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.
-
- 1990 Pocket Part Credit(s)
-
- L.1984, c. 184, s 5.
-
- [FN1] Section 2C:20-25.
-
-
- HISTORICAL NOTES
-
- HISTORICAL AND STATUTORY NOTES
-
- 1990 Pocket Part Historical and Statutory Notes
-
- Effective and operative dates, see note under s 2C:20-1.
-
-
-
- 2C:20-27. Property or services between $500 and $75,000; degree of crime
-
- a. Theft under section 4 of this act [FN1] 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.
-
- 1990 Pocket Part Credit(s)
-
- L.1984, c. 184, s 6.
-
- [FN1] Section 2C:20-25.
-
-
- HISTORICAL NOTES
-
- HISTORICAL AND STATUTORY NOTES
-
- 1990 Pocket Part Historical and Statutory Notes
-
- Effective and operative dates, see note under s 2C:20-1.
-
-
-
- 2C:20-28. Property or services between $200 and $500; degree of crime
-
- a. Theft under section 4 of this act [FN1] 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.
-
- 1990 Pocket Part Credit(s)
-
- L.1984, c. 184, s 7.
-
- [FN1] Section 2C:20-25.
-
-
- HISTORICAL NOTES
-
- HISTORICAL AND STATUTORY NOTES
-
- 1990 Pocket Part Historical and Statutory Notes
-
- Effective and operative dates, see note under s 2C:20-1.
-
-
-
- 2C:20-29. Property or services of $200 or less; disorderly persons offense
-
- a. Theft under section 4 of this act [FN1] constitutes a disorderly persons
- offense when 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.
-
- 1990 Pocket Part Credit(s)
-
- L.1984, c. 184, s 8.
-
- [FN1] Section 2C:20-25.
-
-
- HISTORICAL NOTES
-
- HISTORICAL AND STATUTORY NOTES
-
- 1990 Pocket Part Historical and Statutory Notes
-
- Effective and operative dates, see note under s 2C:20-1.
-
- 2C:20-31. Disclosure of data from wrongful access; no assessable damage;
- degree of crime
-
- 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 programs, where the accessing and disclosing cannot be
- assessed a monetary value or loss.
-
- 1990 Pocket Part Credit(s)
-
- L.1984, c. 184, s 10.
- HISTORICAL NOTES
-
- HISTORICAL AND STATUTORY NOTES
-
- 1990 Pocket Part Historical and Statutory Notes
-
- Effective and operative dates, see note under s 2C:20-1.
-
-
- 2C:20-32. Wrongful access to computer; lack of damage or destruction;
- disorderly persons offense
-
- 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 or services.
-
- 1990 Pocket Part Credit(s)
-
- L.1984, c. 184, s 11.
-
- HISTORICAL NOTES
-
- HISTORICAL AND STATUTORY NOTES
-
- 1990 Pocket Part Historical and Statutory Notes
-
- Effective and operative dates, see note under s 2C:20-1.
-
-