State Codes and Statutes

Statutes > Kansas > Chapter21 > Article37 > Statutes_11930

21-3755

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 37.--CRIMES AGAINST PROPERTY

      21-3755.   Computer crime; computer password disclosure; computertrespass.(a) As used in this section:

      (1)   "Access" means to instruct, communicate with,store data in, retrievedata from or otherwise make use of any resources of a computer, computersystem or computer network.

      (2)   "Computer" means an electronic device which performswork using programmed instruction and which has one or more of thecapabilities of storage, logic, arithmetic or communication andincludes all input, output, processing, storage, software or communicationfacilities which are connected or related to such a device in a system ornetwork.

      (3)   "Computer network" means the interconnection ofcommunication lines,including microwave or other means of electronic communication, with a computerthrough remote terminals, or a complex consisting of two or more interconnectedcomputers.

      (4)   "Computer program" means a series of instructions orstatements ina form acceptable to a computer which permits the functioning of a computersystem in a manner designed to provide appropriate products from such computersystem.

      (5)   "Computer software" means computer programs, procedures andassociateddocumentation concerned with the operation of a computer system.

      (6)   "Computer system" means a set of related computer equipmentor devicesand computer software which may be connected or unconnected.

      (7)   "Financial instrument" means any check, draft, money order,certificateof deposit, letter of credit, bill of exchange, credit card, debit cardor marketable security.

      (8)   "Property" includes, but is not limited to, financialinstruments,information, electronically produced or stored data, supportingdocumentation and computer softwarein either machine or human readable form.

      (9)   "Services" includes, but is not limited to, computer time,dataprocessing and storage functions and other uses of a computer, computersystem or computer network to perform useful work.

      (10)   "Supporting documentation" includes, but is not limitedto, all documentation used in the construction, classification, implementation,useor modification of computer software, computer programs or data.

      (b) (1)   Computer crime is:

      (A)   Intentionally and without authorization accessing and damaging,modifying,altering, destroying, copying,disclosing or taking possession of a computer, computer system, computernetwork or any other property;

      (B)   using a computer, computer system, computer network or anyotherproperty for the purpose of devising or executing a scheme or artifice withthe intent to defraud or for the purpose of obtaining money, property,services or any other thing of value by means of false or fraudulentpretense or representation; or

      (C)   intentionally exceeding the limits of authorizationand damaging,modifying, altering, destroying, copying, disclosing or taking possessionof a computer, computer system, computer network or any other property.

      (2)   Computer crime is a severity level 8,nonperson felony.

      (3)   In any prosecution for computer crime, it is a defense thatthe propertyor services were appropriated openly and avowedly under a claim of titlemade in good faith.

      (c) (1)   Computer password disclosure is the unauthorized and intentionaldisclosure of a number, code,password or other means of access to a computer or computer network.

      (2)   Computer password disclosure is a class A nonperson misdemeanor.

      (d)   Computer trespass isintentionally, andwithout authorizationaccessing or attempting to access any computer, computer system, computernetwork or computer software,program, documentation, data or property contained in any computer, computersystem or computer network. Computer trespass is a class A nonpersonmisdemeanor.

      (e)   This section shall be part of and supplemental to the Kansascriminal code.

      History:   L. 1985, ch. 108, § 1;L. 1992, ch. 298, § 51;L. 1993, ch. 291, § 93;L. 1994, ch. 291, § 34;L. 1997, ch. 66, § 2; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article37 > Statutes_11930

21-3755

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 37.--CRIMES AGAINST PROPERTY

      21-3755.   Computer crime; computer password disclosure; computertrespass.(a) As used in this section:

      (1)   "Access" means to instruct, communicate with,store data in, retrievedata from or otherwise make use of any resources of a computer, computersystem or computer network.

      (2)   "Computer" means an electronic device which performswork using programmed instruction and which has one or more of thecapabilities of storage, logic, arithmetic or communication andincludes all input, output, processing, storage, software or communicationfacilities which are connected or related to such a device in a system ornetwork.

      (3)   "Computer network" means the interconnection ofcommunication lines,including microwave or other means of electronic communication, with a computerthrough remote terminals, or a complex consisting of two or more interconnectedcomputers.

      (4)   "Computer program" means a series of instructions orstatements ina form acceptable to a computer which permits the functioning of a computersystem in a manner designed to provide appropriate products from such computersystem.

      (5)   "Computer software" means computer programs, procedures andassociateddocumentation concerned with the operation of a computer system.

      (6)   "Computer system" means a set of related computer equipmentor devicesand computer software which may be connected or unconnected.

      (7)   "Financial instrument" means any check, draft, money order,certificateof deposit, letter of credit, bill of exchange, credit card, debit cardor marketable security.

      (8)   "Property" includes, but is not limited to, financialinstruments,information, electronically produced or stored data, supportingdocumentation and computer softwarein either machine or human readable form.

      (9)   "Services" includes, but is not limited to, computer time,dataprocessing and storage functions and other uses of a computer, computersystem or computer network to perform useful work.

      (10)   "Supporting documentation" includes, but is not limitedto, all documentation used in the construction, classification, implementation,useor modification of computer software, computer programs or data.

      (b) (1)   Computer crime is:

      (A)   Intentionally and without authorization accessing and damaging,modifying,altering, destroying, copying,disclosing or taking possession of a computer, computer system, computernetwork or any other property;

      (B)   using a computer, computer system, computer network or anyotherproperty for the purpose of devising or executing a scheme or artifice withthe intent to defraud or for the purpose of obtaining money, property,services or any other thing of value by means of false or fraudulentpretense or representation; or

      (C)   intentionally exceeding the limits of authorizationand damaging,modifying, altering, destroying, copying, disclosing or taking possessionof a computer, computer system, computer network or any other property.

      (2)   Computer crime is a severity level 8,nonperson felony.

      (3)   In any prosecution for computer crime, it is a defense thatthe propertyor services were appropriated openly and avowedly under a claim of titlemade in good faith.

      (c) (1)   Computer password disclosure is the unauthorized and intentionaldisclosure of a number, code,password or other means of access to a computer or computer network.

      (2)   Computer password disclosure is a class A nonperson misdemeanor.

      (d)   Computer trespass isintentionally, andwithout authorizationaccessing or attempting to access any computer, computer system, computernetwork or computer software,program, documentation, data or property contained in any computer, computersystem or computer network. Computer trespass is a class A nonpersonmisdemeanor.

      (e)   This section shall be part of and supplemental to the Kansascriminal code.

      History:   L. 1985, ch. 108, § 1;L. 1992, ch. 298, § 51;L. 1993, ch. 291, § 93;L. 1994, ch. 291, § 34;L. 1997, ch. 66, § 2; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article37 > Statutes_11930

21-3755

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 37.--CRIMES AGAINST PROPERTY

      21-3755.   Computer crime; computer password disclosure; computertrespass.(a) As used in this section:

      (1)   "Access" means to instruct, communicate with,store data in, retrievedata from or otherwise make use of any resources of a computer, computersystem or computer network.

      (2)   "Computer" means an electronic device which performswork using programmed instruction and which has one or more of thecapabilities of storage, logic, arithmetic or communication andincludes all input, output, processing, storage, software or communicationfacilities which are connected or related to such a device in a system ornetwork.

      (3)   "Computer network" means the interconnection ofcommunication lines,including microwave or other means of electronic communication, with a computerthrough remote terminals, or a complex consisting of two or more interconnectedcomputers.

      (4)   "Computer program" means a series of instructions orstatements ina form acceptable to a computer which permits the functioning of a computersystem in a manner designed to provide appropriate products from such computersystem.

      (5)   "Computer software" means computer programs, procedures andassociateddocumentation concerned with the operation of a computer system.

      (6)   "Computer system" means a set of related computer equipmentor devicesand computer software which may be connected or unconnected.

      (7)   "Financial instrument" means any check, draft, money order,certificateof deposit, letter of credit, bill of exchange, credit card, debit cardor marketable security.

      (8)   "Property" includes, but is not limited to, financialinstruments,information, electronically produced or stored data, supportingdocumentation and computer softwarein either machine or human readable form.

      (9)   "Services" includes, but is not limited to, computer time,dataprocessing and storage functions and other uses of a computer, computersystem or computer network to perform useful work.

      (10)   "Supporting documentation" includes, but is not limitedto, all documentation used in the construction, classification, implementation,useor modification of computer software, computer programs or data.

      (b) (1)   Computer crime is:

      (A)   Intentionally and without authorization accessing and damaging,modifying,altering, destroying, copying,disclosing or taking possession of a computer, computer system, computernetwork or any other property;

      (B)   using a computer, computer system, computer network or anyotherproperty for the purpose of devising or executing a scheme or artifice withthe intent to defraud or for the purpose of obtaining money, property,services or any other thing of value by means of false or fraudulentpretense or representation; or

      (C)   intentionally exceeding the limits of authorizationand damaging,modifying, altering, destroying, copying, disclosing or taking possessionof a computer, computer system, computer network or any other property.

      (2)   Computer crime is a severity level 8,nonperson felony.

      (3)   In any prosecution for computer crime, it is a defense thatthe propertyor services were appropriated openly and avowedly under a claim of titlemade in good faith.

      (c) (1)   Computer password disclosure is the unauthorized and intentionaldisclosure of a number, code,password or other means of access to a computer or computer network.

      (2)   Computer password disclosure is a class A nonperson misdemeanor.

      (d)   Computer trespass isintentionally, andwithout authorizationaccessing or attempting to access any computer, computer system, computernetwork or computer software,program, documentation, data or property contained in any computer, computersystem or computer network. Computer trespass is a class A nonpersonmisdemeanor.

      (e)   This section shall be part of and supplemental to the Kansascriminal code.

      History:   L. 1985, ch. 108, § 1;L. 1992, ch. 298, § 51;L. 1993, ch. 291, § 93;L. 1994, ch. 291, § 34;L. 1997, ch. 66, § 2; July 1.