ASSEMBLY, No. 1092

STATE OF NEW JERSEY

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen CORODEMUS and BATEMAN

An Act concerning computer-related offenses against governmental entities and amending P.L.1984, c.184.

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

    1. Section 2 of P.L.1984, c.184 (C.2C:20-23) is amended to read as follows:

    2. As used in this act:

    a. "Access" means to instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, computer system, or computer network.

    b. "Computer" means an electronic device or another similar device capable of executing a computer program, including arithmetic, logic, memory or input-output operations, by the manipulation of electronic or magnetic impulses and includes all computer equipment connected to such a device in a computer system or network.

    c. "Computer equipment" means any equipment or devices, including all input, output, processing, storage, software, or communications facilities, intended to interface with the computer.

    d. "Computer network" means the interconnection of communication lines, including microwave or other means of electronic communications, with a computer through remote terminals, or a complex consisting of two or more interconnected computers.

    e. "Computer program" means a series of instructions or statements executable on a computer, which directs the computer system in a manner to produce a desired result.

    f. "Computer software" means a set of computer programs, data, procedures, and associated documentation concerned with the operation of a computer system.

    g. "Computer system" means a set of interconnected computer equipment intended to operate as a cohesive system.

    h. "Data" means information, facts, concepts, or instructions prepared for use in a computer, computer system, or computer network.

    i. "Data base" means a collection of data.

    j. "Financial instrument" includes but is not limited to a check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security and any computer representation of these items.

    k. "Services" includes but is not limited to the use of a computer system, computer network, computer programs, data prepared for computer use and data contained within a computer system or computer network.

    l. "Governmental entity" means the State, a county, a municipality or any department or agency thereof.

(cf: P.L.1984, c.184, s.2)

    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.

    b. [A] Except as provided in subsection c. of this section, 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.

    c. 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.

(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.

    b. [A] Except as provided in subsection c. of this section, 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.

    c. 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 governmental entity's 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.

    b. [A] Except as provided in subsection c. of this sectin, 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.

    c. 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 governmental entity's 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.

    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, except that it is a disorderly persons offense if a governmental entity's data, data base, computer, computer program, computer software, computer equipment, computer system or computer network are altered, damaged, destroyed or obtained.

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

    6. Section 9 of P.L.1984, c.184 (C.2C:20-30) is amended to read as follows:

    9. A person is guilty of a crime of the third degree if he purposely and without authorization accesses, alters, damages or destroys a computer system or any of its parts, where the accessing and altering cannot be assessed a monetary value or loss, except that it is a crime of the second degree if a governmental entity's computer system or any of its parts are altered, damaged or destroyed, where the accessing and altering cannot be assessed a monetary value or loss.

(cf: P.L.1984, c.184, s.9)

    7. Section 10 of P.L.1984, c.184 (C.2C:20-31) is amended to read as follows:

    10. A person is guilty of a crime of the third degree if he purposely and without authorization accesses a computer system or any of its parts and directly or indirectly discloses or causes to be disclosed data, data base, computer software or computer programs, where the accessing and disclosing cannot be assessed a monetary value or loss, except that it is a crime of the second degree if a governmental entity's data, data base, computer software or computer programs are accessed or disclosed, where the accessing and disclosing cannot be assessed a monetary value or loss.

(cf: P.L.1984, c.184, s.10)

    8. This act shall take effect immediately.

Upgrades penalties for computer-related offenses concerning governmental entity's computers, data and programs.