H.B. 87

1

COMPUTER CRIMES AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Bryan D. Holladay
5 AN ACT RELATING TO CRIMINAL CODE; PROVIDING DEFINITIONS; AMENDING
6 ELEMENTS OF COMPUTER CRIMES AND PENALTIES; AND MODIFYING DAMAGES
7 FOR CRIMINAL MISCHIEF AND COMPUTER CRIMES.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 76-6-106, as last amended by Chapter 142, Laws of Utah 1996
11 76-6-702, as last amended by Chapter 123, Laws of Utah 1986
12 76-6-703, as last amended by Chapter 291, Laws of Utah 1995
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 76-6-106 is amended to read:
15 76-6-106. Criminal mischief.
16 (1) A person commits criminal mischief if the person:
17 (a) under circumstances not amounting to arson, damages or destroys property with the
18 intention of defrauding an insurer;
19 (b) intentionally and unlawfully tampers with the property of another and thereby:
20 (i) recklessly endangers human life; or
21 (ii) recklessly causes or threatens a substantial interruption or impairment of any public
22 utility service;
23 (c) intentionally damages, defaces, or destroys the property of another; or
24 (d) recklessly or willfully shoots or propels a missile or other object at or against a motor
25 vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or
26 standing.
27 (2) (a) A violation of Subsection (1)(a) is a felony of the third degree.

1 (b) A violation of Subsection (1)(b) is a class A misdemeanor.
2 (c) Any other violation of this section is a:
3 (i) felony of the second degree if the actor's conduct causes or is intended to cause
4 pecuniary loss equal to or in excess of $5,000 in value;
5 (ii) felony of the third degree if the actor's conduct causes or is intended to cause pecuniary
6 loss equal to or in excess of $1,000 but is less than $5,000 in value;
7 (iii) class A misdemeanor if the actor's conduct causes or is intended to cause pecuniary
8 loss equal to or in excess of $300 but is less than $1,000 in value; and
9 (iv) class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary
10 loss less than $300 in value.
11 (3) In determining the value of damages under this section, or for computer crimes under
12 Section 76-6-703, the value of any computer, computer network, computer property, computer
13 services, software, or data shall include the measurable value of the loss of use of such items and
14 the measurable cost to replace or restore such items.
15 Section 2. Section 76-6-702 is amended to read:
16 76-6-702. Definitions.
17 As used in this part:
18 (1) "Access" means to directly or indirectly use, attempt to use, instruct, communicate
19 with, cause input to, cause output from, or otherwise make use of any resources of a computer,
20 computer system, computer network, or any means of communication with any of them.
20a h (2) "AUTHORIZATION" MEANS HAVING THE EXPRESS OR IMPLIED CONSENT OR
20b PERMISSION OF THE OWNER, OR OF THE PERSON AUTHORIZED BY THE OWNER TO GIVE CONSENT
20c OR PERMISSION TO ACCESS A COMPUTER, COMPUTER SYSTEM, OR COMPUTER NETWORK IN A
20d MANNER NOT EXCEEDING THE CONSENT OR PERMISSION. h
21 h [(2) ] (3) h "Computer" means any electronic device or communication facility with data
22 processing ability.
23 h [(3) ] (4) h "Computer system" means a set of related, connected or unconnected,
23a devices,
24 software, or other related computer equipment.
25 h [(4) ] (5) h "Computer network" means the interconnection of communication or
26 telecommunication lines between computers or computers and remote terminals.

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27 h [(5) ] (6) h "Computer property" includes, but is not limited to, electronic impulses,
27a electronically
28 produced data, information, financial instruments, software, or programs, in either machine or
29 human readable form, any other tangible or intangible item relating to a computer, computer
30 system, computer network, and copies of any of them.
31 h [(6) ] (7) h "Confidential" means data, text, or computer property that is protected by a
31a security
















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1 system that clearly evidences that the owner or custodian intends that it not be available to others
2 without the owner's or custodian's permission.
3 h [(7) ] (8) h "License or entitlement" includes:
4 (a) licenses, certificates, and permits granted by governments;
5 (b) degrees, diplomas, and grades awarded by educational institutions;
6 (c) military ranks, grades, decorations, and awards;
7 (d) membership and standing in organizations and religious institutions;
8 (e) certification as a peace officer;
9 (f) credit reports; and
10 (g) another record or datum upon which a person may be reasonably expected to rely in
11 making decisions that will have a direct benefit or detriment to another.
12 h [(8) ] (9) h "Security system" means a computer, computer system, network, or computer
12a property
13 that has some form of h [ protection, such as password protection or encryption, designed to keep
13a out
14 unauthorized persons. ] ACCESS CONTROL TECHNOLOGY IMPLEMENTED, SUCH AS ENCRYPTION,
14a PASSWORD PROTECTION, OTHER FORCED AUTHENTICATION, OR ACCESS CONTROL DESIGNED TO
14b KEEP OUT UNAUTHORIZED PERSONS. h
15 [(6)] h [(9) ] (10) h "Services" include, but are not limited to, computer time, data
15a manipulation, and
16 storage functions.
17 [(7)] h [(10) ] (11) h "Financial instrument" includes, but is not limited to, any check, draft,
17a money
18 order, certificate of deposit, letter of credit, bill of exchange, h ELECTRONIC FUND TRANSFER,
18a AUTOMATED CLEARING HOUSE TRANSACTION, h credit card, or marketable security.
19 [(8)] h [(11) ] (12) h "Software" or "program" means a series of instructions or statements
19a in a form
20 acceptable to a computer, relating to the operations of the computer, or permitting the functioning
21 of a computer system in a manner designed to provide results including, but not limited to, system
22 control programs, application programs, or copies of any of them.
23 Section 3. Section 76-6-703 is amended to read:

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24 76-6-703. Computer crimes and penalties.
25 (1) A person who without authorization gains or attempts to gain access to and [without
26 authorization intentionally, and to the damage of another,] alters, damages, destroys, discloses, or
27 modifies any computer, computer network, computer property, computer system, h COMPUTER h
27a program, h COMPUTER h data
28 or software, and thereby causes damage to another, or obtains money, property, information, or
29 a benefit for any person without legal right, is guilty of [a felony of the third degree.]:
30 (a) a class B misdemeanor when:
31 (i) the damage caused or the value of the money, property, or benefit obtained or sought















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1 to be obtained is less than $300; or
2 (ii) the information obtained is not confidential;
3 (b) a class A misdemeanor when the damage caused or the value of the money, property,
4 or benefit obtained or sought to be obtained is or exceeds $300 but is less than $1,000;
5 (c) a third degree felony when the damage caused or the value of the money, property, or
6 benefit obtained or sought to be obtained is or exceeds $1,000 but is less than $5,000;
7 (d) a second degree felony when the damage caused or the value of the money, property,
8 or benefit obtained or sought to be obtained is or exceeds $5,000; and
9 (e) a third degree felony when:
10 (i) the property or benefit obtained or sought to be obtained is a license or entitlement;
11 (ii) the damage is to the license or entitlement of another person; or
12 (iii) the information obtained is confidential; or
13 (iv) in gaining access the person breaches or breaks through a security system.
14 (2) A person who intentionally or knowingly and without authorization [uses]
14a gains h OR ATTEMPTS TO GAIN h access
15 to a computer, computer network, computer property, or computer system [to gain or attempt to
16 gain access to any other computer, computer network, computer property, or computer system,
17 program, or software, to the damage of another, and alters, damages, destroys, discloses, or
18 modifies any of these,] under circumstances not otherwise constituting an offense under this
19 section is guilty of a [felony of the third degree] class B misdemeanor.
20 (3) A person who uses or knowingly allows another person to use any computer, computer
21 network, computer property, or computer system, program, or software to devise or execute any
22 artifice or scheme to defraud or to obtain money, property, services, or other things of value by
23 false pretenses, promises, or representations, is guilty of [a felony of the second degree] an offense
24 based on the value of the money, property, services, or things of value, in the degree set forth in
25 Subsection 76-10-1801(1).
26 (4) A person who intentionally or knowingly and without authorization, interferes with
27 or interrupts computer services to another authorized to receive the services h [under circumstances
28 not otherwise constituting an offense under this section ] h is guilty of a class A misdemeanor.
29 [(5) A person who intentionally and without authorization damages or destroys, in whole
30 or in part, any computer, computer network, computer property, or computer system is guilty of
31 a class A misdemeanor unless the amount of damage is or exceeds $1,000, in which case the

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1 person is guilty of a felony of the third degree.]
1a h (5) IT IS AN AFFIRMATIVE DEFENSE TO SUBSECTIONS (1) AND (2) THAT A PERSON
1b OBTAINED ACCESS OR ATTEMPTED TO OBTAIN ACCESS IN RESPONSE TO, AND FOR THE PURPOSE
1c OF PROTECTING AGAINST OR INVESTIGATING, A PRIOR ATTEMPTED OR SUCCESSFUL BREACH OF
1d SECURITY OF A COMPUTER, COMPUTER NETWORK, COMPUTER PROPERTY, COMPUTER SYSTEM
1e WHOSE SECURITY THE PERSON IS AUTHORIZED OR ENTITLED TO PROTECT, AND THE ACCESS
1f ATTEMPTED OR OBTAINED WAS NO GREATER THAN REASONABLY NECESSARY FOR THAT
1g PURPOSE. h




Legislative Review Note
as of 12-27-96 9:50 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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