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/*R FRINGE COMMENTARY: "Computer-Related Offenses" from the
Connecticut General Statutes. */
PART XXII
SECTION 53a-250
For the purposes of this part and section 52-570b:
(1) "Access" means to instruct, communicated with, store data
in or retrieve data from a computer, computer system or computer
network.
(2) "Computer" means a programmable, electronic device
capable of accepting and processing data.
(3) "Computer network" means (A) a set of related devices
connected through a computer by communications facilities, or (b)
a complex of two or more computers, including related devices,
connected by communications facilities.
(4) "Computer program" means a set of instructions,
statements or related data that, in actual or modified form, is
capable of causing a computer or computer system to perform
specified functions.
(5) "Computer services" includes, but is not limited to,
computer access, data processing and data storage.
(6) "Computer software" means one or more computer programs,
existing in any form, or any associated operational procedures,
manuals or other documentation.
(7) "Computer system" means a computer, its software, related
equipment, communications facilities, if any, and includes
computer networks.
(8) "Data" means information of any kind in any form,
including computer software.
(9) "Person" means a natural person, corporation, trust,
partnership, incorporated or unincorporated association and any
other legal or governmental entity, including any state or
municipal entity or public official.
/* This is very interesting. Apparently, the State of Connecticut
is providing that the State has got liability for software
piracy. Compare this to the State of California. */
(10) "Private personal data" means data concerning a natural
person which a reasonable person would want to keep private and
which is protectable under law.
(11) "Property" means anything of value, including data.
SECTION 53a-251 Computer Crime
(a) Defined. A person commits computer crime when he violated
any of the provisions of this section.
(b) Unauthorized access to a computer system. (1) A person is
guilty of the computer crime of unauthorized access to a computer
system when, knowing that he is not authorized to do so, he
accesses or causes to be accesses any computer system without
authorization.
(2) It shall be an affirmative defense to a prosecution for
unauthorized access to a computer system that: (A) The person
reasonably believed that the owner of the computer system, or a
person empowered to license access thereto, had authorized him to
access; (B) the person reasonably believed that the owner of the
computer system, or a person empowered to license access thereto,
would have authorized him to access without payment of any
consideration; or (C) the person reasonably could not have known
that his access was unauthorized.
/* This means that the sign on your system, and the opening
screens of anything that you want to keep confidential (for
example, embedded in the files themselves) clearly marked as
confidential. */
(c) Theft of computer services. A person is guilty of the
computer crime of theft of computer services when he accesses or
caused to be accessed or otherwise uses or causes to be used a
computer system with the intent to obtain unauthorized computer
services.
(d) Interruption of computer services. A person is guilty of
the computer crime of interruption of computer services when he,
without authorization, intentionally or recklessly disrupts or
degrades or causes the disruption or degradation of computer
services or denies or causes the denial of computer services to
an authorized user of a computer system.
(e) Misuse of computer system information. A person is guilty
of the computer crime of misuses of computer system information
when: (1) As a result of his accessing or causing to be accessed
a computer system, he intentionally makes or causes to be made an
unauthorized display, use, disclosure or copy, in any form, of
data residing in, communicated by or produced by a computer
system; or (2) he intentionally or recklessly and without
authorization (A) alters, deletes, tampers with, damages,
destroys or takes data intended for use by a computer system, or
(B) intercepts or adds data to data residing within a computer
system; or (3) he knowingly receives or retains data obtained in
violation of subdivision (1) or (2) of this subsection; or (4)
he uses or discloses any data he knows or believes was obtained
in violation of subdivision (1) or (2) of this subsection.
(f) A person is guilty of the computer crime of destruction
of computer equipment when he, without authorization,
intentionally or recklessly tampers with, takes, transfers,
conceals, alters, damages or destroys any equipment used in
a computer system or intentionally or recklessly causes any of
the foregoing to occur.
SECTION 53a-252 Computer crime in the first degree: Class B
felony
(a) A person is guilty of computer crime in the first degree
when he commits computer crime as is defined in section 53a-251
and the damages to or the value of the property or computer
services exceeds ten thousand dollars.
(b) Computer crime in the first degree is a Class B felony.
SECTION 53a-253. Computer crime in the second degree: Class C
felony.
(a) A person is guilty of computer time in the second degree
when he commits computer crime as defined in section 53a-251 and
the damage to or the value of the property or computer services
exceeds five thousand dollars.
(b) Computer crime in the second degree is a Class C felony.
SECTION 53a-254. Computer crime in the third degree: Class D
felony.
(a) A person is guilty of computer time in the third degree
when he commits computer crime as defined in section 53a-251 and
(1) the damage to or the value of the property or computer
services exceeds one thousand dollars or (2) he recklessly
engages in conduct which creates a risk of serious physical
injury to another person.
(b) Computer crime in the second degree is a Class D felony.
SECTION 53a-255. Computer crime in the fourth degree: Class A
misdemeanor.
(a) A person is guilty of computer time in the fourth degree
when he commits computer crime as defined in section 53a-251 and
the damage to or the value of the property or computer services
exceeds five hundred dollars.
(b) Computer crime in the fourth degree is a Class A
misdemeanor.
SECTION 53a-256.Computer crime in the fifth degree: Class B
misdemeanor.
(a) A person is guilty of computer time in the fifth degree
when he commits computer crime as defined in section 53a-251 and
the damage to or the value of the property or computer services,
if any, is five hundred dollars or less.
(b) Computer crime in the fifth degree is a Class B
misdemeanor.
SECTION 53a-257. Alternative fine based on defendant's gain.
If a person has gained money, property or services or other
consideration through the commission of any offense under section
53a-251, upon conviction thereof, the court, in lieu of imposing
a fine, may sentence the defendant to pay an amount, fixed by the
court, not to exceed double the amount of the defendant's gain
from the commission of such offense. In such case the court shall
make a finding as to the amount of the defendant's gain from the
offense, and if the record does not contain sufficient evidence
to support such a finding, the court may conduct a hearing upon
the issue. For the purpose of this section, "gain" means the
amount of money or the value of property or computer services or
other consideration derived.
SECTION 53a-258. Determination of degree of crime.
Amounts included in violations of Section 53a-251 committed
pursuant to one scheme or course of conduct, whether from the
same person or several persons, may be aggregated in determining
the degree of the crime.
SECTION 53a-259. Value of property or computer services.
(a) For the purposes of this part and section 52-570b, the
value of property or computer services shall be: (1) The market
value of the property or computer services at the time of the
violation; or (2) if the property or computer services are
unrecoverable, damages or destroyed as a result of a violation of
section 53a-251, the cost of reproducing or replacing the
property or computer services at the time of the violation.
(b) When the value of the property or computer services or
damage thereto cannot be satisfactorily ascertained, the value
shall be deemed to be two hundred fifty dollars.
(c) Notwithstanding the provisions of this section, the
value of private personal data shall be deemed to be one thousand
five hundred dollars.
SECTION 53a-26. Location of offense.
(a) In any prosecution for a violation of section 53a-251
the offense shall be deemed to have been committed in the town in
which the act occurred or in which the computer system or part
thereof involved in the violation was located.
(b) In any prosecution for a violation of section 53a-251
based upon more than one act in violation thereof, the offense
shall be deemed to have been committed in any of the towns in
which any of the acts occurred or in which a computer system or
part thereof involved was located.
(c) If any act performed in furtherance of the offenses set
out in section 53a-251 occurs in this state or if any computer
system or part thereof accessed in violation of section 53a-251
is located in this state, the offense shall be deemed to have
occurred in this state.
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