137 lines
5.5 KiB
Plaintext
137 lines
5.5 KiB
Plaintext
Arkansas has one of the most
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comprehensive set of regulations on computer use.... The computer
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crimes law was adopted in 1987. Arkansas Code of 1987, Section 5-
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41-101*/
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SECTION 5-41-101. Purpose
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It is found and determined that computer-related crime
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poses a major problem for business and government; that losses
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for each incident of computer-related crime are potentially
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astronomical; that the opportunities for computer-related crime in
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business and government through the introduction of fraudulent
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records into a computer system, the unauthorized use of
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computers, the alteration or destruction of computer information
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or files, and the stealing of financial instruments, data, and
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other assets are great; that computer-related crime has a direct
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affect on state commerce; and that, while various forms of
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computer crime might possibly be the subject of criminal charges
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based on other provisions of law, it is appropriate and
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desirable that a statute be enacted which deals directly with
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computer crime.
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SECTION 5-41-102. Definitions.
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As used in this chapter, unless the context otherwise
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required:
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(1) "Access" means to instruct, communicate with, store
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data in, or retrieve data from a computer, computer system,
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or computer network;
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(2) "Computer" means an electronic device that performs,
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logic, arithmetic, and memory functions by manipulating
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electronic or magnetic impulses and includes all input, output,
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processing, storage, computer software, and communication
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facilities that are connected or related to that device in a
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system or a network;
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(3) "Computer network" means the interconnection of
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communications lines with a computer through remote terminals or
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a complex consisting of two or more interconnection computers;
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/* A BBS is a "computer network under this statute and is thus
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protected by the statute. */
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(4) "Computer program" means a set of instructions, or
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statements and related data that, is capable of causing a
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computer or computer system to perform specified functions;
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(5) "Computer software" means one (1) or computer programs,
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existing in any form, or any associated operational procedures,
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manuals or other documentation;
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(6) "Computer system" means a set of related, connected or
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unconnected computers other devices and software;
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(7) "Data" means any representation of information, knowledge,
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facts, concepts or instructions which are being prepared or
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have been prepared and are intended to be processed or stored,
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are being processed or stored, or have been processed or stored
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in a computer, computer network or computer system;
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(8) "Financial instrument" includes, but is not limited to,
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any check, draft, warrant, money order, note, certificate of
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deposit, letter of credit, bill of exchange, credit or debit
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card, transaction authorization mechanism, marketable security or
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any computer system representation thereof;
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(9) "Property" includes, but is not limited to, financial
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instruments, computer programs, documents associated with
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computer programs; or copies thereof, whether tangible or
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intangible, including both human and computer readable data, and
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data while in transit;
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(10) "Services" includes, but is not limited to, the use of
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a computer, a computer network, computer software, a computer
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program, or data.
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SECTION 5-41-103 Computer fraud.
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(a) Any person commits computer fraud who intentionally
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accesses or causes to be accessed any computer, computer system,
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computer network, or any part thereof for the purpose of:
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(1) Devising or executing any scheme or artifice to defraud
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or to extort; or
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(2) Obtaining money, property, or services with false or
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fraudulent intent, representation, or promises.
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(3) Computer fraud is a Class D felony.
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SECTION 5-41-104 Computer trespass
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(a) Any person commits computer trespass who intentionally
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and without authorization accesses, alters, deletes, damages,
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destroys, or disrupts any computer, computer system, computer
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network, computer program or data.
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/* This protects the BBS against invasion, virusing, and arguably
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from use not in accordance with the rules of the system. */
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(b) Computer trespass is a Class C misdemeanor if it is a
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first violation which does not cause any loss or damage;
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(c) Computer trespass is a Class B misdemeanor if:
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(1) It is a second or subsequent violation which does not
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cause any loss or damage; or
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(2) It is a violation which causes loss or damages of less
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than five hundred dollars ($500).
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(d) Computer trespass is a Class A misdemeanor if it is a
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violation which causes loss or damage of five hundred dollars ($
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500) or more, but less than twenty-five hundred dollars ($
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2,500.)
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(e) Computer trespass is a Class D felony if it is a
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violation which causes loss or damages of two thousand five
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hundred dollars ($ 2,500) or more.
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SECTION 5-41-105 Venue of violations
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For the purposes of venue under this chapter, any violation
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of this chapter shall be considered to have been committed in
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any county:
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(1) In which any act was performed in furtherance of any
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course of conduct which violated this chapter;
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(2) In which any violator had control of or possession of
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any proceeds of any course of conduct which violated this
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chapter.
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Downloaded From P-80 International Information Systems 304-744-2253
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