Chapter 461

2006 -- H 7526

Enacted 07/07/06

A N A C T

RELATING TO COMPUTER CRIME

Introduced By: Representatives Singleton, and Long

Date Introduced: February 16, 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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LC01336

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