153 lines
6.7 KiB
Plaintext
153 lines
6.7 KiB
Plaintext
/*R FRINGE COMMENTARY: Here's the Utah Computer Crimes Act
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adopted in 1979, with a major revision in 1986*/
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SECTION 76-6-701. Computer crimes act--short title
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This part is known as the "Utah Computer Crimes Act."
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SECTION 76-6-602. Computer Crimes Act-- Definitions
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(1) "Access" means to directly or indirectly use, attempt to
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use, instruct, communicate with, cause input to, cause output
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from, or otherwise make use of any resources of a computer,
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computer system or computer network.
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(2) "Computer" means any electronic device or communication
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facility with data processing ability.
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(3) "Computer system" means a set of related, connected or
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unconnected, devices, software or other related computer
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equipment.
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(4) "Computer network" means the interconnection of
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communication or telecommunication lines between computers or
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computers and remote terminals.
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(5) "Computer property" includes, but is not limited to,
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electronic impulses, electronically produced data,
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information, financial instruments, software or programs, in
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either machine or human readable form, any other tangible or
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intangible item relating to a computer, computer system,
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computer network, and any copies of them.
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(6) "Services" include, but are not limited to, computer
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time, data manipulation and storage facilities.
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(7) "Financial instrument" includes, but is not limited to
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any check, draft, money order, certificate of deposit, letter
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of credit, bill of exchange, credit card, or marketable
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security.
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(8) "Software" or "program" means a series of instructions
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or statements in a form acceptable to a computer, relating to
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the operations of the computer, or permitting the functioning
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of a computer system in a manner designed to provide results
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including, but not limited to, system control programs,
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application programs or copies of them.
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SECTION 76-6-703. Computer crimes and penalties.
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(1) A person who gains or attempts to gain access to and
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without authorization intentionally and to the damage of another,
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alters, damages, destroys, discloses, or modifies any computer,
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computer network, computer property, computer system, program, or
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software is guilty of a felony of the third degree.
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(2) A person who intentionally and without authorization
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uses a computer, computer network, computer property, or computer
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system to gain or attempt to gain access to any other computer,
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computer network, computer property or computer system, program,
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or software, to the damage of another, and alters, damages,
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destroys, discloses, or modifies any of these, is guilty of a
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felony of the third degree.
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(3) A person who use or knowingly allows another person to
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use any computer, computer network, computer property, computer
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system, program or software to devise or execute any artifice or
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scheme to defraud or to obtain money, property or services or
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other things of value by false pretenses, promises, or
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representations, is guilty of a felony of the second degree.
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(4) A person who intentionally, and without authorization,
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interferes with or interrupts computer services to another,
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authorized to receive the services is guilty of a Class A
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misdemeanor.
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(5) A person who intentionally and without authorization
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damages or destroys, in whole or in part, any computer, computer
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network, computer property or computer system is guilty of a
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Class A misdemeanor unless the amount of damage exceeds $ 1,000,
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in which case the person is guilty of a felony of the third
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degree.
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SECTION 76-6-704. Computer crimes Act -- Attorney general or
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county attorney to prosecute -- Conduct violating other statutes.
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(1) The attorney general or the county attorney shall
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prosecute suspected criminal violations of this part.
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(2) Prosecution under this part does not prevent any
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prosecutions under any other law.
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SECTION 76-6-705. Reporting violations.
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Every person, except those to whom a statutory or common law
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privilege applies, who has reason to believe that the provisions
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of Section 76-6-703 are being or have been violated shall report
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the suspected violation to the attorney general or to the county
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attorney of the county in which part or all of the violations
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occurred.
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/* Be warned that unlike Georgia's "Snitch" statute, this one
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does not have immunity for a good faith report. Snitch at your
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own risk of being sued for malicious prosecution. */
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(1) An offense against computer users is the intentional:
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(a) denial to an authorized user, without consent, of
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the full and effective use of or access to a computer, a
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computer system, a computer network or computer
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services; or
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(b) use or disclosure to another, without consent, of
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the numbers, codes, passwords or other means of access
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to a computer, a computer system, a computer network, or
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computer services.
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(2) Whoever commits an offense against computer users shall
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be punished, upon conviction, by a fine of not more than One
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Thousand Dollars ($ 1,000), or by imprisonment for not more than
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six months, or by both such fine and imprisonment. However, when
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the damage or loss amounts to a value of One Hundred Dollars or
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more, the offender may be punished, upon convictions, by a fine
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of not more than Ten Thousand Dollars, or imprisonment for not
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more than 5 years, or by both such fine and imprisonment.
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SECTION 97-45-7. Offense against computer equipment, penalties.
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(1) An offense against intellectual property is the
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intentional:
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(a) Destruction, insertion or modification, without
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consent, of intellectual property; or
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(b) Disclosure, use, copying, taking or accessing,
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without consent, of intellectual property.
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(2) Whoever commits an offense against intellectual property
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shall be punished, upon conviction, by a fine of not more than
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One Thousand Dollars ($ 1,000), or by imprisonment for not more
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than six months, or by both such fine and imprisonment. However,
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when the damage or loss amounts to a value of One Hundred Dollars
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or more, the offender may be punished, upon convictions, by a
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fine of not more than Ten Thousand Dollars, or imprisonment for
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not more than 5 years, or by both such fine and imprisonment.
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(3) The provisions of this section shall not apply to the
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disclosure, use, copying, taking, or accessing by proper means as
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defined in this chapter.
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Downloaded From P-80 International Information Systems 304-744-2253
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