ASSEMBLY STATE GOVERNMENT COMMITTEE

STATEMENT TO

ASSEMBLY, No. 1092

STATE OF NEW JERSEY

DATED: APRIL 22, 1996

      The Assembly State Government Committee reports favorably Assembly, No. 1092.

      This bill upgrades the criminal penalties for computer-related theft offenses when the data, data base, computer, computer program, computer software, computer equipment, computer system or computer network in question is owned by the State or by any county or municipality thereof.

      The provisions of P.L.1984, c.184 created computer-related crimes classified as theft. The degree of crime depends on the value of the property or services involved. This bill raises the grading of these enumerated offenses when the object of the crime is a governmental computer or related data, program or network. Under the bill, a person is guilty of a crime of the second degree if he purposely or knowingly accesses and recklessly alters, damages, destroys or obtains any governmental entity's data, data base, computer, computer program, computer software, computer equipment, computer system or computer network with a value of $75,000.00 or more. It is a crime of the third degree if it has a value of at least $500.00 but less than $75,000.00. It is a crime of the fourth degree if it has a value of more than $200.00 but less than $500.00. When the value is $200.00 or less it is a disorderly persons offense.

      The bill also upgrades the criminal penalties when a monetary value cannot be assessed as set forth in sections 9 and 10 of P.L.1984, c.184 (C.2C:20-30 and 31).

      This bill was prefiled for introduction in the 1996 session pending technical review. As reported, the bill includes the changes required by technical review, which has been performed.