285 lines
12 KiB
Plaintext
285 lines
12 KiB
Plaintext
The Minnesota Computer Crimes Law
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follows, Section 609.87. */
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SECTION 609.87 Computer crime, Definitions
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Subdivision 1. Applicability. For purposes of section 609.87 to
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609.89, and section 609.891, the terms defined in this section
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have the meanings given them.
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Subd. 2 "Access" means to instruct, communicate with, store data
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with, or retrieve data from a computer, computer system or
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computer network.
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Subd. 3 "Computer" means an electronic device which performs
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logical, arithmetic or memory functions by the manipulations of
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signals, including but not limited to electronic or magnetic
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impulses.
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Subd. 4. "Computer system" means related, connected or
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unconnected computers and peripheral equipment.
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Subd. 5. "Computer network" means the interconnection of a
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communication system with a computer through a remote terminal,
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or with two or more interconnected computers or computer systems,
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and include private and public telecommunications networks.
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Subd. 6. "Property" includes but is not limited to electronically
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processed or produced data, and computer software and information
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contained in a computer or computer software in either machine or
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human readable form.
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Subd. 7."Services" includes, but is not limited to, computer
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time, data processing and storage functions.
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Subd. 8. "Computer program" means an instruction or statement or
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a series of instructions or statements, in a form acceptable to
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a computer, which directs the functioning of a computer system in
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a manner acceptable to a computer, which directs the functioning
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of a computer system in a manner designed to provide appropriate
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products from a computer.
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Subd. 9. "Computer software" means a computer program or
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procedures, or associated documentation concerned with the
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operation of a computer.
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Subd. 10. Loss. "Loss" means the greatest of the following:
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(a) the retail market value of the property or services involved;
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(b) the reasonable repair or replacement cost, whichever is less;
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or
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(c) the reasonable value of the damage created by the
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unavailability or lack of utility o the property or services
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involved until repair or replacement can be effected.
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Subd. 11. Computer security system. "Computer security system"
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means a software program or computer device that
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(1) is intended to protect the confidentiality and secrecy of
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data and information stored in or accessible through the computer
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system; and
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(2) displays a conspicuous warning to a user that the user is
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entering a secure system or requires a person seeking access to
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knowingly respond by use of an authorized code to the program or
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device in order to gain access.
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Subd. 12. Destructive computer program. "Destructive computer
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program" means a computer program that performs a destructive
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function or produces a destructive product. A program performs a
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destructive function if it degrades performance of the affected
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computer, associate peripheral or a computer program; disables
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the computer, associated peripherals or a computer program; or
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destroys or alters computer programs or data. A program produces
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a destructive product if it produces unauthorized data, including
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data that make computer memory space unavailable results in the
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unauthorized alteration of data or computer programs; or produces
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a destructive computer program, including a self-replicating
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computer program.
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Section 609.88 Computer damage
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Subdivision 1. Acts. Whoever does any of the following is guilty
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of computer damage and may be sentenced as provided in
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subdivision 2:
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(a) Intentionally and without authorization damages or destroys
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any computer, computer system, computer network, computer
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software, or any other property specifically defined in section
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608.87, subdivision 6;
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(b) Intentionally and without authorization and with intent to
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injure or defraud alters any computer, computer system, computer
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network, computer software, or any other property specifically
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defined in section 609.87, subdivision 6; or
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(c) Distributes a destructive computer program, without
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authorization and with intent to damage ir destroy any computer,
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computer system, computer network, computer software, or any
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other property specifically defined in section 609.87, subdivision
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6.
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Subd. 2. Penalty. Whoever commits computer damage may be
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sentenced as follows:
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(a) To imprisonment for not more than ten years or to payment of
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a fine of not more than $ 50,000, or both, if the damage,
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destruction or alteration results in a loss in excess of $ 2,500,
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to the owner, or the owner's agent, or lessee;
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(b) To imprisonment for not more than five years or to payment of
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a fine of not more than $ 10,000, or both, if the damage,
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destruction or alteration results in a loss of more than $ 500,
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but not more than $ 2,500 to the owner, or the owner's agent or
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lessee; or
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(c) In all other cases to imprisonment for not more than 90 days
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or to payment of a fine of not more than $ 700, or both.
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Section 609.89. Computer theft
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Subdivision 1. Acts. Whoever does nay of the following is guilty
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of computer theft and may be sentenced as provided in subdivision
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2:
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(a) Intentionally and without authorization or claim of right
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access or causes to be accessed any computer, computer system,
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computer network or any part thereof for the purpose of obtaining
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services or property; or
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(b) Intentionally and without claim of right, and with intent to
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permanently deprive the owner of possession, takes, transfers,
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conceals or retain possession of any computer, computer system,
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pr any computer software or data contained in a computer,
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computer system, or computer network.
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Subd. 2. Penalty. Anyone who commits computer theft may be
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sentenced as follows:
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(a) To imprisonment for not more than ten years or to payment of
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a fine of not more than $ 50,000, or both, if the damage,
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destruction or alteration results in a loss in excess of $ 2,500,
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to the owner, or the owner's agent, or lessee;
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(b) To imprisonment for not more than five years or to payment of
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a fine of not more than $ 10,000, or both, if the damage,
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destruction or alteration results in a loss of more than $ 500,
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but not more than $ 2,500 to the owner, or the owner's agent or
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lessee; or
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(c) In all other cases to imprisonment for not more than 90 days
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or to payment of a fine of not more than $ 700, or both.
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609.891. Unauthorized computer access
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Subdivision 1. Crime. A person is guilty of unauthorized computer
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access if the person intentionally and without authority attempts
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to or does penetrate a computer security system.
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Subd. 2. Felony. (a) A person who violates subdivision 1 in a
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manner that creates a grave risk of causing the death of a person
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is guilty of a felony and may be sentenced to a term of
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imprisonment of not more than ten years or to payment of a fine
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of not more than $ 20,000, or both.
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(b) A person who is convicted of a second or subsequent gross
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misdemeanor violation of subdivision 1 is guilty of a felony and
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may be sentenced under paragraph (a).
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Subd. 3. Gross misdemeanor. (a) A person who violates subdivision
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1 in a manner that creates a risk to public health and safety is
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guilty of a gross misdemeanor and may be sentenced to
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imprisonment for a term of not more than one year or to payment of
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a fine of not more than $ 3,000, or both.
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(b) A person who violates subdivision 1 in a manner that
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compromises the security of data that are protected under section
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609.52, subdivision 2, clause (8), or are not public public data
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as defined in section 13.02, subdivision 8a, is guilty of a gross
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misdemeanor and may be sentenced under paragraph (a).
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Subd. 4. Misdemeanor. A person who violates subdivision 1 is
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guilty of a misdemeanor and may be sentenced to imprisonment for
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a term of not more than 90 days or to payment of a fine of not
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more than more than $ 700, or both.
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Section 609.892, Definitions
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Subdivision 1. Applicability. The definitions in this section
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apply to sections 237.73, 609.892, and 609.893.
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Subd. 2. Access device. "Access device. "Access device" means a
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card, plate, code, account number, or other means of account
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access that can be used, alone or in conjunction with another
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access device that can be used, alone or in conjunction with
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another access device, to obtain telecommunications service.
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Subd. 3. Credit card number. "Credit card number" means the card
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number appearing on a credit card that is an identification card
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or plate issued to a person by a supplier of telecommunications
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services that permits the person to whom the card has been issued
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to obtain telecommunication service on credit. The term includes
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the number or description of the card or plate even if the card
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or plate itself is not produced when obtaining telecommunications
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service.
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Subd. 4. Telecommunications device. "Telecommunications device"
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means an instrument, apparatus, equipment mechanism, operating
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procedure, or code designed or adapted for a particular use and
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that is intended or can be used in violation of section 609.893.
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The term includes but is not limited to computer hardware,
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software, programs, electronic mail system, voice mail system,
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identification validation system, private branch exchange, or any
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other means of facilitating telecommunications service.
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Subd. 5. Telecommunications provider. "Telecommunications
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provider" means a person, firm, association, or a corporation,
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private or municipal, owing, operating, or managing facilities
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used to provide telecommunications service.
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Subd. 6. Telecommunications service. "Telecommunications service"
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means a service, that, in exchange for a pecuniary consideration
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provides or offers to provide transmission of messages, signals,
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facsimiles, or other communication between persons who are
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physically separated from each other by telephone, telegraph,
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cable, wire, fiber optic cable, or the projection of energy
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without physical connection. This applies when the
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telecommunications service originates or ends or bother
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originates and ends in this state.
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Subd. 7. Telephone company. "Telephone company" means a
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telecommunications provider that provides local exchange
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telecommunications service.
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Section 609.893. telecommunications and information services
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fraud; crime defined
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Subdivision 1. Obtaining services by fraud. A person commits
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telecommunications and information services fraud and may be
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sentenced as provided in subdivision 3 if the person, with intent
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to evade a lawful charge, obtains telecommunications service for
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the person's own use by any fraudulent means.
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Subd. 2. Facilitation of telecommunications fraud. A person
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commits a felony and may be sentenced as provided in subdivision
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4 who:
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(1) makes available to another, or offers or advertises to make
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available, a telecommunications device or information in order to
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facilitate violation of subdivision 1 by another; or
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(2) makes, assembles, or possesses a telecommunications device
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that is designed or adapted to violate subdivision 1 or to
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conceal from a provider o telecommunications services or from a
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lawful authority, the existence or place of origin or destination
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of telecommunications service.
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Subd. 3. Fraud. (a) Whoever commits telecommunications and
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information services fraud in violation of subdivision 1 may be
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sentenced as follows:
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(1) to imprisonment for not more than ten years or to payment of
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a fine of not more than $ 20,000, or both, if the value o the
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services is in excess of $ 2,500;
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(2) to imprisonment for not more than five years or to payment of
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a fine of not more than $ 10,000, or both, if the value of the
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services is more than $ 500 but not more than $ 2,500; or
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(3) in all other cases, to imprisonment for not more than 90 days
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or to payment of a fine o not more than $ 700, or both.
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(b) Amounts involved in a violation of paragraph (a) under one
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scheme or course of conduct, whether from the same credit card
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number or several numbers, may be aggregated in determining the
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classification of the offense.
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Subd. 4. Facilitation of fraud. Whoever violates subdivision 2 is
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guilty of a felony and may be sentenced ot imprisonment for not
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more than five years or to a payment of a fine of not more than $
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10,,00, or both.
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