ASSEMBLY, No. 490

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblywoman VANDERVALK and Assemblyman GEIST

 

 

An Act concerning certain computer-related crimes and amending P.L.1984, c.184.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. Section 4 of P.L.1984, c.184 (C.2C:20-25) is amended to read as follows:

    4. A person is guilty of theft if he purposely or knowingly and without authorization;

    a. Alters, damages, takes or destroys any date, base, computer program, computer software or computer equipment exiting internally or externally to computer, computer system or computer network;

    b. Alters, damages, takes or destroys a computer, computer system or computer network;

    c. Accesses or attempts to access any computer, computer system or computer network for the purpose of executing a scheme to defraud, or to obtain services, property, or money, from the owner of a computer or any third party; or

    d. Alters tampers with, obtains, intercepts, damages or destroys a financial instrument.

    e. Accesses or attempts to access any computer, computer system or computer network for the purpose of executing a scheme to defraud, or to obtain services, property, or money, from the owner of a computer or any third party by means of the following:

    (1) Advertising or promoting a pyramid promotional scheme by which a participant in the program gives a valuable consideration in excess of $10 for the opportunity or right to receive compensation or other things of value in return for inducing other persons to become participants in the program, when the opportunity to receive compensation is derived primarily from any person's introduction of other persons into participation in the program rather than from the sale of goods, services or intangible property by the participant or other persons introduced into the program;

    (2) Advertising or selling any security as defined in section 2 of P.L.1967, c.93 (C.49:3-49);

    (3) Advertising or selling any program advising the avoidance of any legal debt; or

    (4) Advertising or selling any program advising the use of misrepresentation in the preparation of a person's credit history.

(cf: P.L.1984, c.184, s.4)

 

    2. Section 5 of P.L.1984, c.184 (C.2C:20-26) is amended to read as follows:

    5. a. Theft under section 4 of [this act] P.L.1984, c.184 (C.2C:20-25) constitutes a crime of the second degree if the offense results in the altering, damaging, destruction or obtaining of property or services with a value of $75,000.00 or more. It shall also be a crime of the second degree if the offense results in a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service. Notwithstanding the provisions of subsection a. of N.J.S.2C:43-3, a fine not to exceed $200,000.00 may be imposed for a violation of a provision of subsection e. of section 4 of P.L.1984, c.184.

    b. A person is guilty of a crime of the third degree if he purposely or knowingly accesses and recklessly alters, damages, destroys or obtains any data, data base, computer, computer program, computer software, computer equipment, computer system or computer network with a value of $75,000.00 or more.

(cf: P.L.1984, c.184, s.5)

 

    3. Section 6 of P.L.1984, c.184 (C.2C:20-27) is amended to read as follows:

    6. a. Theft under section 4 of [this act] P.L.1984, c.184 (C.2C:20-25) constitutes a crime of the third degree if the offense results in the altering, damaging, destruction or obtaining of property or services with a value of at least $500.00 but less than $75,000.00. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine not to exceed $30,000.00 may be imposed for a violation of a provision of subsection e. of section 4 of P.L.1984, c.184.

    b. A person is guilty of a crime of the fourth degree if he purposely or knowingly accesses and recklessly alters, damages, destroys or obtains any data, data base, computer, computer program, computer software, computer equipment, computer system or computer network with a value of at least $500.00 but less than $75,000.00.

(cf: P.L.1984, c.184, s.6)


    4. Section 7 of P.L.1984, c.184 (C.2C:20-28) is amended to read as follows:

    7. a. Theft under section 4 of [this act] P.L.1984, c.184 (C.2C:20-25) constitutes a crime of the fourth degree if the offense results in the altering, damaging, destruction or obtaining of property or services with a value of more than $200.00 but less than $500.00. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine not to exceed $15,000.00 may be imposed for a violation of a provision of subsection e. of section 4 of P.L.1984, c.184.

    b. A person is guilty of a disorderly persons offense if he purposely or knowingly accesses and recklessly alters, damages, destroys or obtains any data, data base, computer, computer program, computer software, computer equipment, computer system or computer network with a value of more than $200.00 but less than $500.00.

(cf: P.L.1984, c.184, s.7)

 

    5. Section 8 of P.L.1984, c.184 (C.2C:20-29) is amended to read as follows:

    8. a. Theft under section 4 of [this act] P.L.1984, c.184 (C.2C:20-25) constitutes a disorderly persons offense when the offense results in the altering, damaging, destruction or obtaining of property or services with a value of $200.00 or less. Notwithstanding the provisions of subsection c. of N.J.S.2C:43-3, a fine not to exceed $2,500.00 may be imposed for a violation of a provision of subsection e. of section 4 of P.L.1984, c.184.

    b. A person is guilty of a petty disorderly persons offense if he purposely or knowingly accesses and recklessly alters, damages, destroys or obtains any data, data base, computer, computer program, computer software, computer equipment, computer system or computer network with a value of $200.00 or less.

(cf: P.L.1984, c.184, s.8)

 

    6. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would increase the maximum fines which may be imposed for certain computer-related crimes as follows: (1) for a second degree crime the fine would be increased from $100,000 to $200,000; (2) for a third degree crime the fine would be increased from $7,500 to $30,000; (3) for a fourth degree crime the fine would be increased from $7,500 to $15,000; and (4) for a disorderly persons offense the fine would be increased from $1,000 to $2,500. The specific computer-related crimes for which these higher maximum fines may apply pertain to the use of a computer, computer system or computer network for the purpose of executing a scheme to defraud, or to obtain services, property or money from the owner of a computer or a third party by means of: advertising or promoting a pyramid promotion; advertising or selling any security; advertising or selling any program advising the avoidance of any legal debt; or advertising or selling any program advising the use of misrepresentation in the preparation of a person's credit history.

 

 

 

Provides for increased fines for certain computer-related crimes.