13-2316

13-2316. Computer tampering; venue; forfeiture;
classification

A. A person who acts without authority or who exceeds authorization of use commits
computer tampering by:

1. Accessing, altering, damaging or destroying any computer, computer system or
network, or any part of a computer, computer system or network, with the intent to devise
or execute any scheme or artifice to defraud or deceive, or to control property or
services by means of false or fraudulent pretenses, representations or promises.

2. Knowingly altering, damaging, deleting or destroying computer programs or data.

3. Knowingly introducing a computer contaminant into any computer, computer system
or network.

4. Recklessly disrupting or causing the disruption of computer, computer system or
network services or denying or causing the denial of computer or network services to any
authorized user of a computer, computer system or network.

5. Recklessly using a computer, computer system or network to engage in a scheme or
course of conduct that is directed at another person and that seriously alarms, torments,
threatens or terrorizes the person. For the purposes of this paragraph, the conduct must
both:

(a) Cause a reasonable person to suffer substantial emotional distress.

(b) Serve no legitimate purpose.

6. Preventing a computer user from exiting a site, computer system or
network-connected location in order to compel the user's computer to continue
communicating with, connecting to or displaying the content of the service, site or
system.

7. Knowingly obtaining any information that is required by law to be kept
confidential or any records that are not public records by accessing any computer,
computer system or network that is operated by this state, a political subdivision of
this state or a medical institution.

8. Knowingly accessing any computer, computer system or network or any computer
software, program or data that is contained in a computer, computer system or network.

B. In addition to section 13-109, a prosecution for a violation of this section may
be tried in any of the following counties:

1. The county in which the victimized computer, computer system or network is
located.

2. The county in which the computer, computer system or network that was used in
the commission of the offense is located or in which any books, records, documents,
property, financial instruments, computer software, data, access devices or instruments
of the offense were used.

3. The county in which any authorized user was denied service or in which an
authorized user's service was interrupted.

4. The county in which critical infrastructure resources were tampered with or
affected.

C. On conviction of a violation of this section, the court shall order that any
computer system or instrument of communication that was owned or used exclusively by the
defendant and that was used in the commission of the offense be forfeited and sold,
destroyed or otherwise properly disposed.

D. A violation of subsection A, paragraph 6 of this section constitutes an unlawful
practice under section 44-1522 and is in addition to all other causes of action, remedies
and penalties that are available to this state. The attorney general may investigate and
take appropriate action pursuant to title 44, chapter 10, article 7.

E. Computer tampering pursuant to subsection A, paragraph 1 of this section is a
class 3 felony. Computer tampering pursuant to subsection A, paragraph 2, 3 or 4 of this
section is a class 4 felony, unless the computer, computer system or network tampered
with is a critical infrastructure resource, in which case it is a class 2 felony.
Computer tampering pursuant to subsection A, paragraph 5 of this section is a class 5
felony. Computer tampering pursuant to subsection A, paragraph 7 or 8 of this section is
a class 6 felony.