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/* BBS LEGAL GUIDE COMMENTARY- The New Jersey Computer -Related Crimes law. It is section 2C:20 of the Code of Criminal Justice of New Jersey, adopted in 1984. */ 2C20-23. Definitions. As used in this act: a. "Access" means to instruct, communicate with, store data in, or retrieve data from, or otherwise make use of any resources of a computer, computer system or computer network. b. "Computer" means an electronic device or other similar device capable of executing a computer program, including arithmetic, logical, arithmetical, and memory or input-output operations, by manipulations of electronic or magnetic impulses, and includes all computer equipment connected to such a device in a computer system or network. c. "Computer equipment" means any equipment or devices, including all input, output, processing, storage, software or communications facilities, intended to interface with the computer. d. "Computer network" means the interconnection of communication lines, including microwave or other means of electronic communication, with a computer through remote terminals, or a complex consisting of two or more interconnected computers. e. "Computer program" means a series of instructions or statements executable on a computer in a manner to produce a desired result. f. "Computer software" means a set of computer programs, data, procedures and associated documentation concerned with the operation of a computer system. g. "Computer system" means a set of interconnected computer equipment intended to operate as a cohesive system. h. "Data" means information, facts, concepts, or instructions prepared for use in a computer, computer system, or computer network. i. "Data base" means a collection of data. j. "Financial instrument" includes but is not limited to a check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange credit or debit card, transaction authorization mechanism, marketable security and any computer representation of these items. k. "Services" includes but is not limited to the use of a computer system, computer network, computer programs, data prepared for computer use and data contained within a computer system or computer network. 2C:20-24. Value of property or services For the purposes of this act, the value of any property or services, including the use of computer time, shall be their fair market value, if it is determined that a willing buyer and willing seller exist. ALternatively, value shall include but not be limited to the cost of generating or obtaining data and storing it within a computer or computer system. 2C:20-25. Computer-related theft A person is guilty of theft if he purposefully and without authorization: a. Alters, damages, takes or destroys any data, data base, computer program, computer software or computer equipment existing internally or externally to a computer, computer system or computer network; b. Alters, damages, takes or destroys a computer, computer system or computer network; c. Accesses or attempts to access any computer, computer system or computer network for the purpose of executing a scheme to defraud, or to obtain services, property or money, from the owner of a computer or any third party; or d. Alters, tampers with, obtains, intercepts, damages or destroys a financial instrument. 2C:20-26. Property of services of $ 75,000 or more; degree of crime a. Theft under section 4 of this act constitutes a crime of the second degree if the offense results in the altering, damaging, destruction or obtaining of property or services with a value of $ 75,000 or more. It shall also be a crime of the second degree if the offense results in a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service. b. A person is guilty of a crime of the third degree if he purposefully or knowingly access and recklessly alters, damages, destroys or obtains any data, data base, computer, computer program, computer software, computer equipment, computer system or computer network with a value of $ 75,000 or more. 2C:20-27. Property of services between $ 500 and $ 75,000; degree of crime a. Theft under section 4 of this act constitutes a crime of the third degree if the offense results in the altering, damaging, destruction or obtaining of property or services with a value of at least $ 500.00 but less than $ 75,000. b. A person is guilty of a crime of the fourth degree if he purposefully or knowingly access and recklessly alters, damages, destroys or obtains any data, data base, computer, computer program, computer software, computer equipment, computer system or computer network with a value of at least $ 500 but less than $ 75,000. 2C:20-28. Property of services between $ 200 and $ 500; degree of crime a. Theft under section 4 of this act constitutes a crime of the fourth degree if the offense results in the altering, damaging, destruction or obtaining of property or services with a value of more than $ 200.00 but less than $ 500.00. b. A person is guilty of a disorderly persons offense if he purposefully or knowingly access and recklessly alters, damages, destroys or obtains any data, data base, computer, computer program, computer software, computer equipment, computer system or computer network with a value of $ 200.00 or but less than $ 500.00. 2C:20-29. Property of services between $ 200 and $ 500; degree of crime a. Theft under section 4 of this act constitutes a crime of the fourth degree if the offense results in the altering, damaging, destruction or obtaining of property or services with a value of $ 200.00 or less. b. A person is guilty of a petty disorderly persons offense if he purposefully or knowingly access and recklessly alters, damages, destroys or obtains any data, data base, computer, computer program, computer software, computer equipment, computer system or computer network with a value of $ 200.00 or less. 2C:20-30. Damage or wrongful access to computer system; no assessable damage; degree of crime A person is guilty of a crime of the third degree if the purposely and without authorization accesses, alters, damages or destroys a computer system or any of its part, where the accessing and altering cannot be assess a monetary value or loss. 2C:20-31. Disclosure of data from wrongful access; no assessable damage; degree of crime A person is guilty of a crime of the third degree is he purposely and without authorization access a computer system or any of its parts and directly or indirectly discloses or causes to be disclosed data, data base, computer software or computer programs, where the accessing and disclosing cannot be assessed a monetary value or loss. 2C:20-32. Wrongful access to computer; lack of damage of destruction; disorderly persons offense A person is guilty of a disorderly person offense if he purposely and without authorization access a computer or any of its parts and this action does not result in the altering, damaging or destruction of any property or services. 2C:20-33. Copy or alteration of program or software with value of $ 1,000 or less The copying or altering of a computer program or computer software shall not constitute theft for the purposes of chapters 20 and 21 of Title 2C of the New Jersey Statutes or any offense under this act if the computer program or computer software is of a retail value of $ 1,000 or less and is not copied for resale. 2C:20-34. Situs of offense For the purpose of prosecution under this act, the situs of an offense of theft shall be the location of the computer which is accessed, or where the terminal used in the offense is situated, or where the actual damage occurs. Downloaded From P-80 International Information Systems 304-744-2253