§708-893  Use of a computer in the
commission of a separate crime.  (1)  A person commits the offense of use
of a computer in the commission of a separate crime if the person:



(a) Intentionally uses a computer to obtain
control over the property of the victim to commit theft in the first or second
degree; or



(b) Knowingly uses a computer to identify,
select, solicit, persuade, coerce, entice, induce, or procure the victim or
intended victim of the following offenses:



(i)  Section 707-726, relating to custodial
interference in the first degree;



(ii)  Section 707-727, relating to custodial
interference in the second degree;



(iii)  Section 707-731, relating to sexual
assault in the second degree;



(iv)  Section 707-732, relating to sexual
assault in the third degree;



(v)  Section 707-733, relating to sexual
assault in the fourth degree;



(vi)  Section 707-751, relating to promoting
child abuse in the second degree; or



(vii)  Section 712-1215, relating to promoting
pornography for minors.



(2)  Use of a computer in the commission of a
separate crime is an offense one class or grade, as the case may be, greater
than the offense facilitated.  Notwithstanding any other law to the contrary, a
conviction under this section shall not merge with a conviction for the
separate crime. [L 2001, c 33, pt of §1; am L 2006, c 141, §1]



 



COMMENTARY ON §§708‑890 TO 893



 



  Act 225, Session Laws 1992, repealed former §§708‑890
to 896 and added this part to expand the degree of protection afforded to
individuals and organizations from persons who tamper, interfere, damage, and
gain unauthorized access to their computers, computer systems, software, and
data.  Finding that the growth in computer use has resulted in a similar growth
in unauthorized access to computer systems, the legislature created two new
offenses of "computer fraud" and "unauthorized computer
use", both class C felonies.  The legislature, however, recognized that
other people, including harmless pranksters, students, or curious computer hackers,
may gain unauthorized access to computer systems and do no damage to those
systems.  Although these people have committed a serious breach of privacy,
they do not deserve to be charged with a class C felony; the legislature
therefore created the affirmative defense of "entry without
disruption", authorizing a court to dismiss a prosecution if, having
regard for the nature of the alleged conduct and attendant circumstances, it
finds that the defendant's conduct did not actually cause harm or damage to a
computer system or network.  The court must also file a written statement of
its reasons for dismissal.  Conference Committee Report No. 29.