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H.B. 87

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COMPUTER CRIMES AMENDMENTS

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1997 GENERAL SESSION

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STATE OF UTAH

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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.
21        (2) "Computer" means any electronic device or communication facility with data
22    processing ability.
23        (3) "Computer system" means a set of related, connected or unconnected, devices,
24    software, or other related computer equipment.
25        (4) "Computer network" means the interconnection of communication or
26    telecommunication lines between computers or computers and remote terminals.
27        (5) "Computer property" includes, but is not limited to, electronic impulses, 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        (6) "Confidential" means data, text, or computer property that is protected by a 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        (7) "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        (8) "Security system" means a computer, computer system, network, or computer property
13    that has some form of protection, such as password protection or encryption, designed to keep out
14    unauthorized persons.
15        [(6)] (9) "Services" include, but are not limited to, computer time, data manipulation, and
16    storage functions.
17        [(7)] (10) "Financial instrument" includes, but is not limited to, any check, draft, money
18    order, certificate of deposit, letter of credit, bill of exchange, credit card, or marketable security.
19        [(8)] (11) "Software" or "program" means a series of instructions or statements 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:
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, program, 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] gains 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 under circumstances
28    not otherwise constituting an offense under this section 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.]




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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