Chapter
373
2006 -- S 2404
Enacted 07/07/06
A N A
C T
RELATING TO COMPUTER
CRIME
Introduced By: Senators
Blais, and Breene
Date Introduced: February
09, 2006
It is
enacted by the General Assembly as follows:
SECTION
1. Sections 11-52-4 and 11-52-4.1 of the General Laws in Chapter 11-52
entitled
"Computer Crime" are hereby amended to read as follows:
11-52-4.
Computer theft. -- Whoever, intentionally and without claim of right, and
with
intent
to permanently deprive the owner of possession, takes, transfers, conceals or retains
possession
of any computer, computer system, computer network, computer software, computer
program,
or data contained in a computer, computer system, computer program, or computer
network
with a value in excess of five hundred dollars ($500) shall be guilty of a
felony and shall
be
subject to the penalties set forth in section 11-52-5. If the value is five
hundred dollars ($500)
or less,
then the person shall be guilty of a misdemeanor and may be punishable by
imprisonment
for a
term not exceeding one year or by a fine of not more than one thousand dollars
($1,000), or
both.
11-52-4.1.
Computer trespass. -- (a) It shall be unlawful for any person to use a
computer
or computer network without authority and with the intent to:
(1) Temporarily or permanently remove, halt, or otherwise disable any computer
data,
computer
programs, or computer software from a computer or computer network;
(2) Cause a computer to malfunction regardless of how long the malfunction
persists;
(3) Alter or erase any computer data, computer programs, or computer software;
(4) Effect the creation or alteration of a financial instrument or of an
electronic transfer
of
funds;
(5) Cause physical injury to the property of another;
(6) Make or cause to be made an unauthorized copy, in any form, including, but
not
limited
to, any printed or electronic form of computer data, computer programs, or
computer
software
residing in, communicated by, or produced by a computer or computer network;
(7) Forge e-mail header information or other Internet routine information for
the purpose
of
sending unsolicited bulk electronic mail through or into the facilities of an
electronic mail
service
provider or its subscribers; or
(8) To sell, give or otherwise distribute or possess with the intent to sell,
give or
distribute
software which is designed to facilitate or enable the forgery of electronic
mail header
information
or other Internet routing information for the purpose of sending unsolicited
bulk
electronic
mail through or into the facilities of an electronic mail service provider or
its
subscribers.
(b) Nothing in this section shall be construed to interfere with or prohibit
terms or
conditions
in a contract or license related to computers, computer data, computer
networks,
computer
operations, computer programs, computer services, or computer software or to
create
any
liability by reason of terms or conditions adopted by, or technical measures
implemented by,
a Rhode
Island-based electronic mail service provider to prevent the transmission of
unsolicited
bulk
electronic mail in violation of this chapter. Whoever violates this section
shall be guilty of a
felony
and shall be subject to the penalties set forth in section 11-52-2. If the
value is five
hundred
dollars ($500) or less, then the person shall be guilty of a misdemeanor and
may be
punishable
by imprisonment for a term not exceeding one year or by a fine of not more than
one
thousand
dollars ($1,000) or both.
SECTION
2. This act shall take effect upon passage.
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LC01333
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