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- NEW MEXICO STATUTES 1978, ANNOTATED
- Copyright (c) 1978-1990 by The State of New Mexico. All rights reserved.
- CHAPTER 30. Criminal Offenses
- ARTICLE 16A. COMPUTER CRIMES
-
- (Repealed by Laws 1989, ch. 215, s 8.)
-
- 30-16A-1 to 30-16A-4. Repealed.
-
-
-
- NEW MEXICO STATUTES 1978, ANNOTATED
- Copyright (c) 1978-1990 by The State of New Mexico. All rights reserved.
- CHAPTER 30. Criminal Offenses
- ARTICLE 45. COMPUTER CRIMES
-
- 30-45-1. Short title.
-
- This act [30-45-1 to 30-45-7 NMSA 1978] may be cited as the "COMPUTER CRIMES
- Act".
-
- History: Laws 1989, ch. 215, s 1.
-
- 30-45-2. Definitions.
-
- As used in the COMPUTER CRIMES Act [30-45-1 to 30-45-7 NMSA 1978]:
- A. "access" means to program, execute programs on, intercept, instruct,
- communicate with, store data in, retrieve data from or otherwise make use of
- any computer resources, including data or programs of a computer, computer
- system, computer network or database;
- B. "computer" includes an electronic, magnetic, optical or other high-
- speed data processing device or system performing logical, arithmetic or
- storage functions and includes any property, data storage facility or
- communications facility directly related to or operating in conjunction with
- such device or system. The term does not include an automated typewriter or
- typesetter or a single display machine in and of itself, designed and used
- solely within itself for word processing, or a portable hand-held calculator,
- or any other device which might contain components similar to those in
- computers but in which the components have the sole function of controlling the
- device for the single purpose for which the device is intended;
- C. "computer network" means the interconnection of communication lines and
- circuits with a computer 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 a computer
- system;
- E. "computer property" includes a financial instrument, data, databases,
- computer software, computer programs, documents associated with computer
- systems and computer programs, or copies, whether tangible or intangible, and
- data while in transit;
- F. "computer service" includes computer time, the use of the computer
- system, computer network, computer programs or data prepared for computer use,
- data contained within a computer network and data processing and other
- functions performed, in whole or in part, by the use of computers, computer
- systems, computer networks or computer software;
- G. "computer software" means a set of computer programs, procedures and
- associated documentation concerned with the operation and function of a
- computer system;
- H. "computer system" means a set of related or interconnected computer
- equipment, devices and software;
- I. "data" means a representation of information, knowledge, facts,
- concepts or instructions which are prepared and are intended for use in a
- computer, computer system or computer network;
- J. "database" means any data or other information classified, processed,
- transmitted, received, retrieved, originated, switched, stored, manifested,
- measured, detected, recorded, reproduced, handled or utilized by a computer,
- computer system, computer network or computer software; and
- K. "financial instrument" includes any check, draft, warrant, money order,
- note, certificate of deposit, letter of credit, bill of exchange, credit or
- debit card, transaction, authorization mechanism, marketable security or any
- other computerized representation thereof.
-
- History: Laws 1989, ch. 215, s 2.
-
- 30-45-3. Computer access with intent to defraud or embezzle.
-
- Any person who knowingly and willfully accesses or causes to be accessed any
- computer, computer system, computer network or any part thereof with the intent
- to obtain, by means of embezzlement or false or fraudulent pretenses,
- representations or promises, money, property or anything of value, where:
- A. the money, property or other thing has a value of one hundred dollars
- ($100) or less is guilty of a petty misdemeanor;
- B. the money, property or other thing has a value of more than one hundred
- dollars ($100) but not more than two hundred fifty dollars ($250) is guilty of
- a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-
- 19-1 NMSA 1978;
- C. the money, property or other thing has a value of more than two hundred
- fifty dollars ($250) but not more than two thousand five hundred dollars
- ($2,500) is guilty of a fourth degree felony and shall be sentenced pursuant to
- the provisions of Section 31-18-15 NMSA 1978;
- D. the money, property or other thing has a value of more than two
- thousand five hundred dollars ($2,500) but not more than twenty thousand
- dollars ($20,000) is guilty of a third degree felony and shall be sentenced
- pursuant to the provisions of Section 31-18-15 NMSA 1978; or
- E. the money, property or other thing has a value of more than twenty
- thousand dollars ($20,000) is guilty of a second degree felony and shall be
- sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
-
- History: Laws 1989, ch. 215, s 3.
-
-
- 30-45-4. Computer abuse.
-
- Any person who knowingly, willfully and without authorization, or having
- obtained authorization:
- A. directly or indirectly alters, changes, damages, disrupts or destroys
- any computer, computer network, computer property, computer service or computer
- system where:
- (1) the damage to the computer property or computer service has a value
- of one hundred dollars ($100) or less is guilty of a petty misdemeanor;
- (2) the damage to the computer property or computer service has a value
- of more than one hundred dollars ($100) but not more than two hundred fifty
- dollars ($250) is guilty of a misdemeanor and shall be sentenced pursuant to
- the provisions of Section 31-19-1 NMSA 1978;
- (3) the damage to the computer property or computer service has a value
- of more than two hundred fifty dollars ($250) but not more than two thousand
- five hundred dollars ($2,500) is guilty of a fourth degree felony and shall be
- sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
- (4) the damage to the computer property or computer service has a value
- of more than two thousand five hundred dollars ($2,500) but not more than
- twenty thousand dollars ($20,000) is guilty of a third degree felony and shall
- be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; or
- (5) the damage to the computer property or computer service has a value
- of more than twenty thousand dollars ($20,000) is guilty of a second degree
- felony and shall be sentenced pursuant to the provisions of Section 31-18-15
- NMSA 1978; or
- B. directly or indirectly introduces or causes to be introduced data which
- the person knows to be false into a computer, computer system, computer
- network, computer software, computer program, database or any part thereof with
- the intent of harming the property or financial interests or rights of any
- person is guilty of a fourth degree felony and shall be sentenced pursuant to
- the provisions of Section 31-18-15 NMSA 1978.
-
- History: Laws 1989, ch. 215, s 4.
-
-
- 30-45-5. Unauthorized computer use.
-
- Any person who knowingly, willfully and without authorization, or having
- obtained authorization, uses the opportunity such authorization provides for
- purposes to which the authorization does not extend, directly or indirectly
- accesses, uses, takes, transfers, conceals, obtains, copies, or retains
- possession of any computer, computer network, computer property, computer
- service, computer system or any part thereof where:
- A. the damage to the computer property or computer service has a value of
- one hundred dollars ($100) or less is guilty of a petty misdemeanor;
- B. the damage to the computer property or computer service has a value of
- more than one hundred dollars ($100) but not more than two hundred fifty
- dollars ($250) is guilty of a misdemeanor and shall be sentenced pursuant to
- the provisions of Section 31-19-1 NMSA 1978;
- C. the damage to the computer property or computer service has a value of
- more than two hundred fifty dollars ($250) but not more than two thousand five
- hundred dollars ($2,500) is guilty of a fourth degree felony and shall be
- sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;
- D. the damage to the computer property or computer service has a value of
- more than two thousand five hundred dollars ($2,500) but not more than twenty
- thousand dollars ($20,000) is guilty of a third degree felony and shall be
- sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; or
- E. the damage to the computer property or computer service has a value of
- more than twenty thousand dollars ($20,000) is guilty of a second degree felony
- and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA
- 1978.
-
- History: Laws 1989, ch. 215, s 5.
-
-
- 30-45-6. Prosecution.
-
- A. Prosecution pursuant to the COMPUTER CRIMES Act [30-45-1 to 30-45-7 NMSA
- 1978] shall not prevent any prosecutions pursuant to any other provisions of
- the law where such conduct also constitutes a violation of that other
- provision.
- B. A person found guilty of violating any provision of the COMPUTER CRIMES
- Act shall, in addition to any other punishment, be ordered to make restitution
- for any financial loss sustained by anyone injured as the direct result of the
- commission of the CRIME. Restitution shall be imposed in addition to
- incarceration, forfeiture or fine, and not in lieu thereof, and may be made a
- condition of probation. The defendant's present and future ability to make such
- restitution shall be considered. In an extraordinary case, the court may
- determine that the interests of those injured and justice would not be served
- by ordering restitution. In such a case, the court shall make and enter
- specific written findings on the record substantiating the extraordinary
- circumstance presented upon which the court determined not to order
- restitution. In all other cases, the court shall determine the amount and
- method of restitution.
-
-
- 30-45-7. Forfeiture of property.
-
- A. The following are subject to forfeiture:
- (1) all COMPUTER property, equipment or products of any kind which have
- been used, manufactured, acquired or distributed in violation of the COMPUTER
- CRIMES Act [30-45-1 to 30-45-7 NMSA 1978];
- (2) all materials, products and equipment of any kind which are used or
- intended for use in manufacturing, using, accessing, altering, disrupting,
- copying, concealing, destroying, transferring, delivering, importing or
- exporting any COMPUTER property or COMPUTER service in violation of the
- COMPUTER CRIMES Act;
- (3) all books, records and research products and materials involving
- formulas, microfilm, tapes and data which are used or intended for use in
- violation of the COMPUTER CRIMES Act;
- (4) all conveyances, including aircraft, vehicles or vessels, which are
- used or intended for use to transport or in any manner to facilitate the
- transportation of property described in Subsection A, B or C of this section
- for the purpose of violating the COMPUTER CRIMES Act;
- (5) all property, real, personal or mixed, which has been used or intended
- for use, maintained or acquired in violation of the COMPUTER CRIMES Act; and
- (6) all money or proceeds that constitute an instrumentality or derive
- from a violation of the COMPUTER CRIMES Act.
- B. Notwithstanding the provisions of Paragraphs (1) through (6) of
- Subsection A of this section:
- (1) no conveyance used by any person as a common carrier in the
- transaction of business as a common carrier is subject to forfeiture under this
- section unless it appears that the owner or other person in charge of the
- conveyance is a consenting party to a violation of the COMPUTER CRIMES Act;
- (2) no conveyance, computer property, equipment or other material is
- subject to forfeiture under this section by reason of any act or omission
- established by the owner to have been committed or omitted without his
- knowledge or consent;
- (3) a conveyance, computer property, equipment or other material is not
- subject to forfeiture for a violation of law the penalty for which is a
- misdemeanor or petty misdemeanor; and
- (4) a forfeiture of a conveyance, computer property, equipment or material
- encumbered by a bona fide security interest shall be subject to the interest of
- a secured party if the secured party neither had knowledge of nor consented to
- the act or omission.
- C. Property subject to forfeiture and disposal under the COMPUTER CRIMES Act
- may be seized by any law enforcement officer upon an order issued by the
- district court having jurisdiction.
- D. Seizure without such an order may be made if:
- (1) the seizure is incident to an arrest or search under a search warrant;
- (2) the property subject to seizure had been the subject of a prior
- judgment in favor of the state in an injunction or forfeiture proceeding based
- upon the COMPUTER CRIMES Act; or
- (3) the enforcement officer has probable cause to believe that the
- property, whether real, personal or mixed, was used or intended for use,
- maintained or acquired in violation of the COMPUTER CRIMES Act.
- E. In the event of a seizure pursuant to Subsection C or Subsection D of
- this section, a proceeding under the COMPUTER CRIMES Act and the rules of civil
- procedure for the district courts shall be instituted promptly and not later
- than thirty days after seizure. The proceeding to forfeit property under the
- COMPUTER CRIMES Act is against the property and not against the owner or any
- other person. It is in rem wholly and not in personam. It is a civil case and
- not a criminal proceeding. The forfeiture proceeding is required, not to
- complete the forfeiture, but to prove the illegal use for which the forfeiture
- was suffered.
- F. Except as otherwise specifically provided by law, whenever any property
- is forfeited to the state by reason of the violation of any law, the court by
- which the offender is convicted shall order the sale or other disposition of
- the property and the proceeds of any such sale as provided for in this section
- are subject to the court making due provisions for the rights of innocent
- persons and the legitimate rights to restitution on behalf of actual victims of
- the criminal acts.
- G. Property taken or detained under this section shall not be subject to
- replevin but is deemed to be in the custody of the law enforcement agency
- seizing it subject only to the orders and decrees of the district court. When
- property is seized under the COMPUTER CRIMES Act, the enforcement officer may:
- (1) place the property under seal;
- (2) remove the property to a place designated by the law enforcement
- officer or by the district court; or
- (3) require the law enforcement agency to take custody of the property and
- remove it to an appropriate location for disposition in accordance with law.
- H. When property is forfeited under the COMPUTER CRIMES Act, the law
- enforcement agency seizing it shall:
- (1) deliver custody of the property to the information systems council
- attached to the general services department. The council, based upon a plan,
- shall advertise and make available the forfeited property to stated agencies
- and political subdivisions of the state based upon a demonstrated need and plan
- of use for that property. The information systems council shall advertise and
- make the forfeited property available by bid for a minimum of one hundred
- twenty days and dispose of that property within another sixty days. All
- proceeds from the sale of forfeited property shall be deposited in the general
- fund; or
- (2) where the court orders the property to be sold, the proceeds of the
- sale shall be paid into the general fund.
-
- History: Laws 1989, ch. 215, s 7.
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