textfiles/law/nj_lawsta.law

/* BBS LEGAL GUIDE COMMENTARY- The New Jersey Computer -Related 
Crimes law. It is section 2C:20 of the Code of Criminal Justice 
of New Jersey, adopted in 1984. */

2C20-23. Definitions.

As used in this act:

a. "Access" means to instruct, communicate with, store data in, 
or retrieve data from, or otherwise make use of any resources of 
a computer, computer system or computer network.

b. "Computer" means an electronic device or other similar device 
capable of executing a computer program, including arithmetic, 
logical, arithmetical, and memory or input-output operations, by 
manipulations of electronic or magnetic impulses, and includes 
all computer equipment connected to such a device  in a computer 
system or network.

c. "Computer equipment" means any equipment or devices, including 
all input, output, processing, storage, software or 
communications facilities, intended to interface with the 
computer. 

d. "Computer network" means the interconnection of communication 
lines, including microwave or other means of electronic 
communication, with a computer through remote terminals, or a 
complex consisting of two or more interconnected computers.

e. "Computer program" means a series of instructions or 
statements executable on a computer in a manner to produce a 
desired result.

f. "Computer software" means a set of computer programs, data,
procedures and associated documentation concerned with the 
operation of a computer system.

g. "Computer system" means a set of interconnected computer 
equipment intended to operate as a cohesive system.

h. "Data" means information, facts, concepts, or instructions 
prepared for use in a computer, computer system, or computer 
network.

i. "Data base" means a collection of data.

j. "Financial instrument" includes but is not limited to a check, 
draft, warrant, money order, note, certificate of deposit, letter 
of credit, bill of exchange credit or debit card, transaction 
authorization mechanism, marketable security and any computer 
representation of these items.

k. "Services" includes but is not limited to  the use of a 
computer system, computer network, computer programs, data 
prepared for computer use and data contained within a computer 
system or computer network.

2C:20-24. Value of property or services

For the purposes of this act, the value of any property or 
services, including the use of computer time, shall be their fair 
market value, if it is determined that a willing buyer and 
willing seller exist. ALternatively, value shall include but not 
be limited to the cost of generating or obtaining data and 
storing it within a computer or computer system.

2C:20-25. Computer-related theft

A person is guilty of theft if he purposefully and without 
authorization:

a. Alters, damages, takes or destroys any data, data base, 
computer program, computer software or computer equipment existing 
internally or externally to a computer, computer system or 
computer network;

b. Alters, damages, takes or destroys a computer, computer system 
or computer network;

c. Accesses or attempts to access any computer, computer system 
or computer network for the purpose of executing a scheme to 
defraud, or to obtain services, property or money, from the owner 
of a computer or any third party; or

d. Alters, tampers with, obtains, intercepts, damages or destroys 
a financial instrument.

2C:20-26. Property of services of $ 75,000 or more; degree of 
crime

a. Theft under section 4 of this act constitutes a crime of the 
second degree if the offense results in the altering, damaging, 
destruction or obtaining of property or services with a value of 
$ 75,000 or more. It shall also be a crime of the second degree 
if the offense results in a substantial interruption or 
impairment of public communication, transportation, supply of 
water, gas or power, or other public service.

b. A person is guilty of a crime of the third degree if he 
purposefully or knowingly access and recklessly alters, damages, 
destroys or obtains any data, data base, computer, computer 
program, computer software, computer equipment, computer system 
or computer network with a value of $ 75,000 or more.

2C:20-27. Property of services between $ 500 and $ 75,000; degree 
of crime

a. Theft under section 4 of this act constitutes a crime of the 
third degree if the offense results in the altering, damaging, 
destruction or obtaining of property or services with a value of 
at least $ 500.00 but less than $ 75,000.

b. A person is guilty of a crime of the fourth degree if he 
purposefully or knowingly access and recklessly alters, damages, 
destroys or obtains any data, data base, computer, computer 
program, computer software, computer equipment, computer system 
or computer network with a value of at least $ 500 but less than 
$ 75,000.

2C:20-28. Property of services between $ 200 and $ 500; degree of 
crime

a. Theft under section 4 of this act constitutes a crime of the 
fourth degree if the offense results in the altering, damaging, 
destruction or obtaining of property or services with a value of 
more than $ 200.00 but less than  $ 500.00.

b. A person is guilty of a disorderly persons offense if he 
purposefully or knowingly access and recklessly alters, damages, 
destroys or obtains any data, data base, computer, computer 
program, computer software, computer equipment, computer system 
or computer network with a value of $ 200.00 or but less than $ 
500.00.


2C:20-29. Property of services between $ 200 and $ 500; degree of 
crime

a. Theft under section 4 of this act constitutes a crime of the 
fourth degree if the offense results in the altering, damaging, 
destruction or obtaining of property or services with a value of 
$ 200.00 or less.

b. A person is guilty of a petty disorderly persons offense if he 
purposefully or knowingly access and recklessly alters, damages, 
destroys or obtains any data, data base, computer, computer 
program, computer software, computer equipment, computer system 
or computer network with a value of $ 200.00 or less.

2C:20-30. Damage or wrongful access to computer system; no 
assessable damage; degree of crime

A person is guilty of a crime of the third degree if the 
purposely and without authorization accesses, alters, damages or 
destroys a computer system or any of its part, where the 
accessing and altering cannot be assess a monetary value or loss.

2C:20-31. Disclosure of data from wrongful access; no assessable 
damage; degree of crime

A person is guilty of a crime of the third degree is he purposely 
and without authorization access a computer system or any of its 
parts and directly or indirectly discloses or causes to be 
disclosed data, data base, computer software or computer 
programs, where the accessing and disclosing cannot be assessed a 
monetary value or loss.

2C:20-32. Wrongful access to computer; lack of damage of 
destruction; disorderly persons offense

A person is guilty of a disorderly person offense if he purposely 
and without authorization access a computer or any of its parts 
and this action does not result in the altering, damaging or 
destruction of any property or services.

2C:20-33. Copy or alteration of program or software with value of 
$ 1,000 or less

The copying or altering of a computer program or computer 
software shall not constitute theft for the purposes of chapters 
20 and 21 of Title 2C of the New Jersey Statutes or any offense 
under this act if the computer program or computer software is of 
a retail value of $ 1,000 or less and is not copied for resale.

2C:20-34. Situs of offense

For the purpose of prosecution under this act, the situs of an 
offense of theft shall be the location of the computer which is 
accessed, or where the terminal used in the offense is situated, 
or where the actual damage occurs.
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