H.B. 185

This document includes House Floor Amendments incorporated into the bill on Tue, Jan 25, 2005 at 4:48 PM by chopkin. --> This document includes House Floor Amendments incorporated into the bill on Tue, Jan 25, 2005 at 4:49 PM by chopkin. --> This document includes Senate Committee Amendments incorporated into the bill on Mon, Jan 31, 2005 at 10:37 AM by rday. --> This document includes Senate Committee Amendments (CORRECTED) incorporated into the bill on Thu, Feb 3, 2005 at 5:24 PM by rday. --> 1

UTAH COMPUTER CRIMES ACT AMENDMENTS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Bradley M. Daw
5 John Dougall 6
7 LONG TITLE
8 General Description:
9 This bill amends the definition of "computer network" in the Utah Computer Crimes
10 Act.
11 Highlighted Provisions:
12 This bill:
13 . amends the definition of "computer network" in the Utah Computer Crimes Act to
14 include wireless networks; H. [ and ]
14a . clarifies prohibited conduct under the Utah Computer Crimes Act; and .H
15 . makes technical changes.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 76-6-702, as last amended by Chapter 300, Laws of Utah 1997
22a H. 76-6-703, as last amended by Chapter 300, Laws of Utah 1997 .H
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-6-702 is amended to read:

26 76-6-702. Definitions.
27 As used in this part:

28 (1) "Access" means to directly or indirectly use, attempt to use, instruct, communicate
29 with, cause input to, cause output from, or otherwise make use of any resources of a computer,
30 computer system, computer network, or any means of communication with any of them.
31 (2) "Authorization" means having the express or implied consent or permission of the
32 owner, or of the person authorized by the owner to give consent or permission to access a
33 computer, computer system, or computer network in a manner not exceeding the consent or
34 permission.
35 (3) "Computer" means any electronic device or communication facility [with data
36 processing ability] that stores, retrieves, H. [ or ] .H processes H. , or transmits .H data.
37 (4) "Computer system" means a set of related, connected or unconnected, devices,
38 software, or other related computer equipment.
39 (5) "Computer network" means:
40 (a) the interconnection of communication or telecommunication lines between:
41 (i) computers; or
42 (ii) computers and remote terminals[.]; or
43 (b) the interconnection by wireless technology between:
44 (i) computers; or
45 (ii) computers and remote terminals.
46 (6) "Computer property" includes[, but is not limited to,] electronic impulses,
47 electronically produced data, information, financial instruments, software, or programs, in
48 either machine or human readable form, any other tangible or intangible item relating to a
49 computer, computer system, computer network, and copies of any of them.
50 (7) "Confidential" means data, text, or computer property that is protected by a security
51 system that clearly evidences that the owner or custodian intends that it not be available to
52 others without the owner's or custodian's permission.
52a H. (8) "Information" does not include information obtained:
52b (a) through use of:
52c (i) an electronic product identification or tracking system; or
52d (ii) other technology used by a retailer to identify, track, or price goods S. [ held for sale ] .S 52d1 ; and
52e (b) by a retailer through the use of equipment S. designed to read the electronic product
52e1 identification or tracking system data .S located S. [ entirely ] .S within the retailer's S. [ retail ] .S
52f location. .H

53 H. [ (8) ] (9) .H "License or entitlement" includes:
54 (a) licenses, certificates, and permits granted by governments;

55 (b) degrees, diplomas, and grades awarded by educational institutions;
56 (c) military ranks, grades, decorations, and awards;
57 (d) membership and standing in organizations and religious institutions;
58 (e) certification as a peace officer;

59 (f) credit reports; and
60 (g) another record or datum upon which a person may be reasonably expected to rely in
61 making decisions that will have a direct benefit or detriment to another.
62 H. [ (9) ] (10) .H "Security system" means a computer, computer system, network, or
62a computer
63 property that has some form of access control technology implemented, such as encryption,
64 password protection, other forced authentication, or access control designed to keep out
65 unauthorized persons.
66 H. [ (10) ] (11) .H "Services" include[, but are not limited to,] computer time, data
66a manipulation, and
67 storage functions.
68 H. [ (11) ] (12) .H "Financial instrument" includes[, but is not limited to,] any check, draft,
68a money
69 order, certificate of deposit, letter of credit, bill of exchange, electronic fund transfer,
70 automated clearing house transaction, credit card, or marketable security.
71 H. [ (12) ] (13) .H "Software" or "program" means a series of instructions or statements in a
71a form
72 acceptable to a computer, relating to the operations of the computer, or permitting the
73 functioning of a computer system in a manner designed to provide results including[, but not
74 limited to,] system control programs, application programs, or copies of any of them.
74a H. Section 2. Section 76-6-703 is amended to read:
74b 76-6-703. Computer crimes and penalties.
74c (1) A person who without authorization gains or attempts to gain access to and alters,
74d damages, destroys, discloses, or modifies any computer, computer network, computer
74e property, computer system, computer program, computer data or software, and thereby
74f causes damage to another, or obtains money, property, information, or a benefit for any
74g person without legal right, is guilty of:
74h (a) a class B misdemeanor when:
74i (i) the damage caused or the value of the money, property, or benefit obtained or
74j sought to be obtained is less than $300; or
74k (ii) the information obtained is not confidential;
74l (b) a class A misdemeanor when the damage caused or the value of the money,
74m property, or benefit obtained or sought to be obtained is or exceeds $300 but is less than
74n $1,000;
74o (c) a third degree felony when the damage caused or the value of the money, property,
74p or benefit obtained or sought to be obtained is or exceeds $1,000 but is less than $5,000;
74q (d) a second degree felony when the damage caused or the value of the money,

74r property, or benefit obtained or sought to be obtained is or exceeds $5,000; S. [ and ] or .S
74s (e) a third degree felony when:

74t (i) the property or benefit obtained or sought to be obtained is a license or entitlement;
74u (ii) the damage is to the license or entitlement of another person; or
74v (iii) the information obtained is confidential; or
74w (iv) in gaining access the person breaches or breaks through a security system.
74x (2) [ A ] (a) Except as provided in Subsection (2)(b), a person who
74y intentionally or knowingly and without authorization gains or attempts to gain access to a
74z computer, computer network, computer property, or computer system under circumstances
74aa not otherwise constituting an offense under this section is guilty of a class B misdemeanor.
74ab (b) Notwithstanding Subsection (2)(a), a retailer that uses an electronic product
74ac identification or tracking system, or other technology to identify, track, or price goods S. [ held for
74ad sale ] .S is not guilty of a violation of subsection (2)(a) if the S. [ computer ] equipment
74ad1 designed to read the electronic product identification or tracking system data and .S used by the
74ad2 retailer to
74ae identify, track, or price goods S. [ held for sale ] .S is located S. [ entirely ] .S within the
74ae1 retailer's S. [ retail ] .S
74af location.
74ag (3) A person who uses or knowingly allows another person to use any computer,
74ah computer network, computer property, or computer system, program, or software to devise or
74ai execute any artifice or scheme to defraud or to obtain money, property, services, or other
74aj things of value by false pretenses, promises, or representations, is guilty of an offense based
74ak on the value of the money, property, services, or things of value, in the degree set forth in
74al Subsection 76-10-1801(1).
74am (4) A person who intentionally or knowingly and without authorization, interferes with
74an or interrupts computer services to another authorized to receive the services is guilty of a
74ao class A misdemeanor.
74ap (5) It is an affirmative defense to Subsections (1) and (2) that a person obtained access
74aq or attempted to obtain access in response to, and for the purpose of protecting against or
74ar investigating, a prior attempted or successful breach of security of a computer, computer
74as network, computer property, computer system whose security the person is authorized or
74at entitled to protect, and the access attempted or obtained was no greater than reasonably
74au necessary for that purpose. .H




Legislative Review Note
as of 1-3-05 8:55 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel