SENATE JUDICIARY COMMITTEE

STATEMENT TO

[First Reprint]

ASSEMBLY, No. 1092

with committee amendments

STATE OF NEW JERSEY

DATED: MARCH 20, 1997

      The Senate Judiciary Committee reports favorably and with committee amendments Assembly Bill No. 1092 (1R).

      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, a county or a municipality.

      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. The bill raises the grading of the offenses set forth in chapter 184 when the object of the crime is a governmental computer or related data program or network. Under this 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 the property 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 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).

      The committee amendments restore the original statutory language which had been deleted in previous amendments.