H.B. 87 Enrolled

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

(i) felony of the second degree if the actor's conduct causes or is intended to cause pecuniary
loss equal to or in excess of $5,000 in value;
(ii) felony of the third degree if the actor's conduct causes or is intended to cause pecuniary
loss equal to or in excess of $1,000 but is less than $5,000 in value;
(iii) class A misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss
equal to or in excess of $300 but is less than $1,000 in value; and
(iv) class B misdemeanor if the actor's conduct causes or is intended to cause pecuniary loss
less than $300 in value.
(3) In determining the value of damages under this section, or for computer crimes under
Section 76-6-703, the value of any computer, computer network, computer property, computer
services, software, or data shall include the measurable value of the loss of use of such items and the
measurable cost to replace or restore such items.
Section 2. Section 76-6-702 is amended to read:
76-6-702. Definitions.
As used in this part:
(1) "Access" means to directly or indirectly use, attempt to use, instruct, communicate with,
cause input to, cause output from, or otherwise make use of any resources of a computer, computer
system, computer network, or any means of communication with any of them.
(2) "Authorization" means having the express or implied consent or permission of the owner,
or of the person authorized by the owner to give consent or permission to access a computer,
computer system, or computer network in a manner not exceeding the consent or permission.
[(2)] (3) "Computer" means any electronic device or communication facility with data
processing ability.
[(3)] (4) "Computer system" means a set of related, connected or unconnected, devices,
software, or other related computer equipment.
[(4)] (5) "Computer network" means the interconnection of communication or
telecommunication lines between computers or computers and remote terminals.
[(5)] (6) "Computer property" includes, but is not limited to, electronic impulses,

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electronically produced data, information, financial instruments, software, or programs, in either
machine or human readable form, any other tangible or intangible item relating to a computer,
computer system, computer network, and copies of any of them.
(7) "Confidential" means data, text, or computer property that is protected by a security
system that clearly evidences that the owner or custodian intends that it not be available to others
without the owner's or custodian's permission.
(8) "License or entitlement" includes:
(a) licenses, certificates, and permits granted by governments;
(b) degrees, diplomas, and grades awarded by educational institutions;
(c) military ranks, grades, decorations, and awards;
(d) membership and standing in organizations and religious institutions;
(e) certification as a peace officer;
(f) credit reports; and
(g) another record or datum upon which a person may be reasonably expected to rely in
making decisions that will have a direct benefit or detriment to another.
(9) "Security system" means a computer, computer system, network, or computer property
that has some form of access control technology implemented, such as encryption, password
protection, other forced authentication, or access control designed to keep out unauthorized persons.
[(6)] (10) "Services" include, but are not limited to, computer time, data manipulation, and
storage functions.
[(7)] (11) "Financial instrument" includes, but is not limited to, any check, draft, money
order, certificate of deposit, letter of credit, bill of exchange, electronic fund transfer, automated
clearing house transaction, credit card, or marketable security.
[(8)] (12) "Software" or "program" means a series of instructions or statements in a form
acceptable to a computer, relating to the operations of the computer, or permitting the functioning
of a computer system in a manner designed to provide results including, but not limited to, system
control programs, application programs, or copies of any of them.
Section 3. Section 76-6-703 is amended to read:

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76-6-703. Computer crimes and penalties.
(1) A person who without authorization gains or attempts to gain access to and [without
authorization intentionally, and to the damage of another,] alters, damages, destroys, discloses, or
modifies any computer, computer network, computer property, computer system, computer program,
computer data or software, and thereby causes damage to another, or obtains money, property,
information, or a benefit for any person without legal right, is guilty of [a felony of the third degree.]:
(a) a class B misdemeanor when:
(i) the damage caused or the value of the money, property, or benefit obtained or sought to
be obtained is less than $300; or
(ii) the information obtained is not confidential;
(b) a class A misdemeanor when the damage caused or the value of the money, property, or
benefit obtained or sought to be obtained is or exceeds $300 but is less than $1,000;
(c) a third degree felony when the damage caused or the value of the money, property, or
benefit obtained or sought to be obtained is or exceeds $1,000 but is less than $5,000;
(d) a second degree felony when the damage caused or the value of the money, property, or
benefit obtained or sought to be obtained is or exceeds $5,000; and
(e) a third degree felony when:
(i) the property or benefit obtained or sought to be obtained is a license or entitlement;
(ii) the damage is to the license or entitlement of another person; or
(iii) the information obtained is confidential; or
(iv) in gaining access the person breaches or breaks through a security system.
(2) A person who intentionally or knowingly and without authorization [uses] gains or
attempts to gain access to a computer, computer network, computer property, or computer system
[to gain or attempt to gain access to any other computer, computer network, computer property, or
computer system, program, or software, to the damage of another, and alters, damages, destroys,
discloses, or modifies any of these,] under circumstances not otherwise constituting an offense under
this section is guilty of a [felony of the third degree] class B misdemeanor.
(3) A person who uses or knowingly allows another person to use any computer, computer

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network, computer property, or computer system, program, or software to devise or execute any
artifice or scheme to defraud or to obtain money, property, services, or other things of value by false
pretenses, promises, or representations, is guilty of [a felony of the second degree] an offense based
on the value of the money, property, services, or things of value, in the degree set forth in Subsection
76-10-1801(1).
(4) A person who intentionally or knowingly and without authorization, interferes with or
interrupts computer services to another authorized to receive the services is guilty of a class A
misdemeanor.
[(5) A person who intentionally and without authorization damages or destroys, in whole
or in part, any computer, computer network, computer property, or computer system is guilty of a
class A misdemeanor unless the amount of damage is or exceeds $1,000, in which case the person
is guilty of a felony of the third degree.]
(5) It is an affirmative defense to Subsections (1) and (2) that a person obtained access or
attempted to obtain access in response to, and for the purpose of protecting against or investigating,
a prior attempted or successful breach of security of a computer, computer network, computer
property, computer system whose security the person is authorized or entitled to protect, and the
access attempted or obtained was no greater than reasonably necessary for that purpose.

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