textfiles/law/ct_lawsta.law

/*R FRINGE COMMENTARY: "Computer-Related Offenses" from the 
Connecticut General Statutes. */

PART XXII

SECTION 53a-250

    For the purposes of this part and section 52-570b:

    (1) "Access" means to instruct, communicated with, store data 
in or retrieve data from a computer, computer system or computer 
network.

    (2) "Computer" means a programmable, electronic device 
capable of accepting and processing data.

    (3) "Computer network" means (A) a set of related devices 
connected through a computer by communications facilities, or (b) 
a complex of two or more computers, including related devices, 
connected by communications facilities.

    (4) "Computer program" means a set of instructions, 
statements or related data that, in actual or modified form, is 
capable of causing a computer or computer system to perform 
specified functions.

    (5) "Computer services" includes, but is not limited to, 
computer access, data processing and data storage.

    (6) "Computer software" means one or more computer programs, 
existing in any form, or any associated operational procedures, 
manuals or other documentation.

    (7) "Computer system" means a computer, its software, related 
equipment, communications facilities, if any, and includes 
computer networks.

    (8) "Data" means information of any kind in any form, 
including computer software.

    (9) "Person" means a natural person, corporation, trust, 
partnership, incorporated or unincorporated association and any 
other legal or governmental entity, including any state or 
municipal entity or public official.

/* This is very interesting. Apparently, the State of Connecticut 
is providing that the State has got liability for software 
piracy. Compare this to the State of California. */

    (10) "Private personal data" means data concerning a natural 
person which a reasonable person would want to keep private and 
which is protectable under law.

    (11) "Property" means anything of value, including data.

SECTION 53a-251 Computer Crime

    (a) Defined. A person commits computer crime when he violated 
any of the provisions of this section.

    (b) Unauthorized access to a computer system. (1) A person is 
guilty of the computer crime of unauthorized access to a computer 
system when, knowing that he is not authorized to do so, he 
accesses or causes to be accesses any computer system without 
authorization.

    (2) It shall be an affirmative defense to a prosecution for 
unauthorized access to a computer system that: (A) The person 
reasonably believed that the owner of the computer system, or a 
person empowered to license access thereto, had authorized him to 
access; (B) the person reasonably believed that the owner of the 
computer system, or a person empowered to license access thereto, 
would have authorized him to access without payment of any 
consideration; or (C) the person reasonably could not have known 
that his access was unauthorized.

/* This means that the sign on your system, and the opening 
screens of anything that you want to keep confidential (for 
example, embedded in the files themselves) clearly marked as 
confidential. */

    (c) Theft of computer services. A person is guilty of the 
computer crime of theft of computer services when he accesses or 
caused to be accessed or otherwise uses or causes to be used a 
computer system with the intent to obtain unauthorized computer 
services.

    (d) Interruption of computer services. A person is guilty of 
the computer crime of interruption of computer services when he, 
without authorization, intentionally or recklessly disrupts or 
degrades or causes the disruption or degradation of computer 
services or denies or causes the denial of computer services to 
an authorized user of a computer system.

    (e) Misuse of computer system information. A person is guilty 
of the computer crime of misuses of computer system information 
when: (1) As a result of his accessing or causing to be accessed 
a computer system, he intentionally makes or causes to be made an 
unauthorized display, use, disclosure or copy, in any form, of 
data residing in, communicated by or produced by a computer 
system; or (2) he intentionally or recklessly and without 
authorization (A) alters, deletes, tampers with, damages, 
destroys or takes data intended for use by a computer system, or 
(B) intercepts or adds data to data residing within a computer 
system; or (3) he knowingly receives or retains data obtained in 
violation of subdivision (1) or (2) of this subsection; or (4) 
he uses or discloses any data he knows or believes was obtained 
in violation of subdivision (1) or (2) of this subsection.

    (f) A person is guilty of the computer crime of destruction 
of computer equipment when he, without authorization, 
intentionally or recklessly tampers with, takes, transfers, 
conceals, alters, damages or destroys any equipment used in 
a computer system or intentionally or recklessly causes any of 
the foregoing to occur.

SECTION 53a-252 Computer crime in the first degree: Class B 
felony

    (a) A person is guilty of computer crime in the first degree 
when he commits computer crime as is defined in section 53a-251 
and the damages to or the value of the property or computer 
services exceeds ten thousand dollars.

    (b) Computer crime in the first degree is a Class B felony.

SECTION 53a-253. Computer crime in the second degree: Class C 
felony.

    (a) A person is guilty of computer time in the second degree 
when he commits computer crime as defined in section 53a-251 and 
the damage to or the value of the property or computer services 
exceeds five thousand dollars.
     
    (b) Computer crime in the second degree is a Class C felony.

SECTION 53a-254. Computer crime in the third degree: Class D 
felony.

    (a) A person is guilty of computer time in the third degree 
when he commits computer crime as defined in section 53a-251 and 
(1) the damage to or the value of the property or computer 
services exceeds one thousand dollars or (2) he recklessly 
engages in conduct which creates a risk of serious physical 
injury to another person.
     
    (b) Computer crime in the second degree is a Class D felony.
    
SECTION 53a-255. Computer crime in the fourth degree: Class A 
misdemeanor.

    (a) A person is guilty of computer time in the fourth degree 
when he commits computer crime as defined in section 53a-251 and 
the damage to or the value of the property or computer services 
exceeds five hundred dollars.      
    (b) Computer crime in the fourth degree is a Class A 
misdemeanor.

SECTION 53a-256.Computer crime in the fifth degree: Class B 
misdemeanor.

    (a) A person is guilty of computer time in the fifth degree 
when he commits computer crime as defined in section 53a-251 and 
the damage to or the value of the property or computer services, 
if any, is five hundred dollars or less.      
    (b) Computer crime in the fifth degree is a Class B 
misdemeanor.

SECTION 53a-257. Alternative fine based on defendant's gain.

     If a person has gained money, property or services or other 
consideration through the commission of any offense under section 
53a-251, upon conviction thereof, the court, in lieu of imposing 
a fine, may sentence the defendant to pay an amount, fixed by the 
court, not to exceed double the amount of the defendant's gain 
from the commission of such offense. In such case the court shall 
make a finding as to the amount of the defendant's gain from the 
offense, and if the record does not contain sufficient evidence 
to support such a finding, the court may conduct a hearing upon 
the issue. For the purpose of this section, "gain" means the 
amount of money or the value of property or computer services or 
other consideration derived.

SECTION 53a-258. Determination of degree of crime.

     Amounts included in violations of Section 53a-251 committed 
pursuant to one scheme or course of conduct, whether from the 
same person or several persons, may be aggregated in determining 
the degree of the crime.

SECTION 53a-259. Value of property or computer services.

     (a) For the purposes of this part and section 52-570b, the 
value of property or computer services shall be: (1) The market 
value of the property or computer services at the time of the 
violation; or (2) if the property or computer services are 
unrecoverable, damages or destroyed as a result of a violation of 
section 53a-251, the cost of reproducing or replacing the 
property or computer services at the time of the violation.

     (b) When the value of the property or computer services or 
damage thereto cannot be satisfactorily ascertained, the value 
shall be deemed to be two hundred fifty dollars.

     (c) Notwithstanding the provisions of this section, the 
value of private personal data shall be deemed to be one thousand 
five hundred dollars.

SECTION 53a-26. Location of offense.

     (a) In any prosecution for a violation of section 53a-251 
the offense shall be deemed to have been committed in the town in 
which the act occurred or in which the computer system or part 
thereof involved in the violation was located.

    (b) In any prosecution for a violation of section 53a-251 
based upon more than one act in violation thereof, the offense 
shall be deemed to have been committed in any of the towns in 
which any of the acts occurred or in which a computer system or 
part thereof involved was located.

     (c) If any act performed in furtherance of the offenses set 
out in section 53a-251 occurs in this state or if any computer 
system or part thereof accessed in violation of section 53a-251 
is located in this state, the offense shall be deemed to have 
occurred in this state.
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