175 lines
7.1 KiB
Plaintext
175 lines
7.1 KiB
Plaintext
The Iowa Computer Crime law
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follows. This statute was enacted in 1984. */
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CHAPTER 716A.1. Definitions
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As used in this chapter, unless the context otherwise requires:
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1 "Access" means to instruct, communicate with, store data in, or
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retrieve data from a computer, computer system or computer
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network.
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(2) "Computer" means an electronic device which performs logical,
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arithmetical, and memory functions by manipulations of electronic
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or magnetic impulses, and includes all input, output, processing,
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storage, computer software, and communications facilities which
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are connected or related to the computer in a computer system or
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computer network.
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(3) "Computer systems" means related, connected or unconnected,
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computers or peripheral equipment.
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(4) "Computer network" means a set related, remotely connected
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devices and communication facilities including two or more
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computers with capability to transmit data among them through
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communication facilities.
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(5) "Computer program" means an ordered set of instructions or
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statements that, when executed by a computer causes the computer
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to process data;
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(6) "Computer software" means a set of computer programs,
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procedures, or associated documentation used in the operation of
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a computer.
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(7) "Data" means a representation of information, knowledge,
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facts, concepts or instructions that has been prepared or is
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being prepared in a formalized manner and has been processed, or
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is intended to be processed in a computer. Data may be in any
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form including, but not limited to, printouts, magnetic storage
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media, punched cards and as stored in the memory of a computer.
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(8) "Property" means anything of value as defined in section
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702.14, including but not limited to computers and computer data
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information, software, and programs.
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(9) "Services" means the use of a computer, computer system, or
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computer network and includes, but is not limited to, computer
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time, data processing, and storage functions.
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(10) "Loss of property" means the greatest of the following:
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a. The retail value of the property involved.
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b. The reasonable replacement or repair cost, whichever is less.
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(11) "Loss of services" means the reasonable value of the damage
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created by the unavailability or lack of utility of the property
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or services involved until repair or replacement can be affected.
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716A.2. Unauthorized access
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A person knowingly and without authorization access a computer,
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computer system, or computer network commits a simple
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misdemeanor.
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716A.3. Computer damage defined
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A person commits computer damage when the person knowingly and
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without authorization damages or destroys a computer, computer
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system, computer network, computer software, computer program,
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or any other property as defined in section 716A.1, subsection 8,
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or knowingly and without authorization and with the intent to
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injure or defraud alters any computer, computer system, computer
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network, computer software, computer program, or any other
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property as defined in section 716A.1, subsection 8.
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716A.4. Computer damage in the first degree
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Computer damage is computer damage in the first degree when the
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damage results in a loss of property or service of more than five
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thousand dollars. Computer damage in the first degree is a class
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"C" felony.
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716A.5. Computer damage in the second degree
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Computer damage is computer damage in the second degree when the
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damage results in a loss of property or service of more than five
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hundred dollars but not more than five thousand dollars. Computer
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damage in the first degree is a class "D" felony.
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716A.6. Computer damage in the third degree
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Computer damage is computer damage in the third degree when the
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damage results in a loss of property or service of more than one
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hundred dollars but more more than five hundred dollars. Computer
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damage in the third degree is an aggravated misdemeanor.
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716A.7. Computer damage in the fourth degree
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Computer damage is computer damage in the third degree when the
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damage results in a loss of property or service of more than
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fifty dollars but not more than one hundred dollars. Computer
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damage in the fourth degree is an serious misdemeanor.
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716A.8. Computer damage in the fifth degree
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Computer damage is computer damage in the fifth degree when the
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damage results in a loss of property or service of not more than
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fifty dollars. Computer damage in the fifth degree is a simple
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misdemeanor.
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716A.9. Computer theft defined
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A person commits computer theft when the person knowingly and
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without authorization accesses or causes to be accessed a
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computer, computer system, or computer network, or any part
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thereof, for the purpose of obtaining services, information or
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property or knowingly and without authorization and with the
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intent to permanently deprive the owner of possession, takes,
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transfers, conceals or retains possession of a computer, computer
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system, or computer network or any computer software or program,
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or data contained in a computer, computer system, or computer
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network.
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716A.10. Computer theft in the first degree
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Computer theft is computer theft in the first degree when the
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theft results in a loss of property or service of more than five
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thousand dollars. Computer theft in the first degree is a class
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"C" felony.
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716A.11. Computer theft in the second degree
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Computer theft is computer theft in the second degree when the
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theft results in a loss of property or service of more than five
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hundred dollars but not more than five thousand dollars. Computer
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theft in the first degree is a class "D" felony.
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716A.12. Computer theft in the third degree
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Computer theft is computer theft in the third degree when the
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theft results in a loss of property or service of more than one
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hundred dollars but more more than five hundred dollars. Computer
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theft in the third degree is an aggravated misdemeanor.
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716A.13. Computer theft in the fourth degree
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Computer theft is computer theft in the third degree when the
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theft results in a loss of property or service of more than fifty
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dollars but not more than one hundred dollars. Computer theft in
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the fourth degree is an serious misdemeanor.
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716A.14. Computer theft in the fifth degree
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Computer theft is computer theft in the fifth degree when the
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theft results in a loss of property or service of not more than
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fifty dollars. Computer theft in the fifth degree is a simple
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misdemeanor.
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716A.15. Chapter not exclusive
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This chapter does not preclude the applicability of any other
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provision of the law of this state which is not inconsistent with
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this chapter and which applies or may apply to an act or
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transaction in violation of this chapter.
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716A.16. Printouts admissible as evidence
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In a prosecution under this chapter, computer printouts shall be
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admitted as evidence of any computer software, program, or data
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contained in or taken from a computer, notwithstanding an
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applicable rule of evidence to the contrary.
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Downloaded From P-80 International Information Systems 304-744-2253
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