Nebraska Computer Crimes Act

                               ARTICLE 13
                         MISCELLANEOUS OFFENSES

                              (p) COMPUTERS
Section.
28-1341.     Act, how cited.
28-1342.     Legislative findings and declarations.
28-1343.     Terms, defined.
28-1343.01.  Unauthorized computer access; penalty.
28-1344.     Unlawful acts; depriving or obtaining property or services;
             penalties.
28-1345.     Unlawful acts; harming or disrupting operations; penalties.
28-1346.     Unlawful acts; obtaining confidential public information;
             penalties.
28-1347.     Unlawful acts; access without authorization; exceeding
             authorization; penalties.
28-1348.     Act, how construed.

                              (p) COMPUTERS

  28-1341.  Act, how cited.  Sections 28-1341 to 28-1348 shall be known
and may be cited as the Computer Crimes Act.
    Source: Laws 1991, LB 135, 2.

  28-1342.  Legislative findings and declarations.  The Legislature finds
and declares that our society is increasingly dependent on computers,
that important personal, financial, medical, and historical data is
stored in computers, and that valuable data stored can be lost due to
criminal action.
  The Legislature further finds that specific criminal statutes are
necessary to cover the actions of persons who intentionally destroy
data or commit fraud using computers.
    Source:  Laws 1991, LB 135, 3.

  28-1343.  Terms, defined.  For purposes of the Computer Crimes Act:
  (1) Access shall mean to instruct, communicate with, store data in,
retrieve data from, or otherwise use the resources of a computer,
computer system, or computer network;
  (2) Computer shall mean a high-speed data processing device or system
which performs logical, arithmetic, data storage and retrieval,
communication, memory, or control functions by the manipulation of
signals, including, but not limited to, electronic or magnetic
impulses, and shall include any input, output, data storage,
processing, or communication facilities directly related to or
operating in conjunction with any such device or system;
  (3) Computer network shall mean the interconnection of a
communications system with a computer through a remote terminal or with
two or more interconnected computers or computer systems;
  (4) Computer program shall mean an instruction or statement or a
series of instructions or statements in a form acceptable to a computer
which directs the functioning of a computer system in a manner designed
to provide appropriate products from the computer;
  (5) Computer security system shall mean a computer program or device
that:  (a) Is intended to protect the confidentiality and secrecy of
data and information stored in or accessible through the computer
system; and (b) Displays a conspicuous warning to a user that the user
is entering a secure system or requires a person seeking access to
knowingly respond by use of an authorized code to the program or device
in order to gain access;
  (6) Computer software shall mean a computer program of procedures or
associated documentation concerned with the operation of a computer;
  (7) Computer system shall mean related computers and peripheral
equipment, whether connected or unconnected;
  (8) Data shall mean a representation of information, facts,
knowledge, concepts, or instructions prepared in a formalized or other
manner and intended for use in a computer or computer network;
  (9) Destructive computer program shall mean a computer program that
performs a destructive function or produces a destructive product;
  (10) Destructive function shall mean a function that (a) degrades the
performance of a computer, its associated peripheral equipment, or a
computer program, (b) disables a computer, its associated peripheral
equipment, or a computer program, or (c) alters a computer program or
data;
  (11) Destructive product shall mean a product that: (a) Produces
unauthorized data, including data that make computer memory space
unavail able; (b) results in the unauthorized alteration of data or a
computer program; or (c) produces a destructive computer program,
including, but not limited to, a self-replicating program;
  (12) Loss shall mean the greatest of the following:  (a) The retail
market value of the property or services involved; (b) The reasonable
repair or replacement cost whichever is less; or (c) The reasonable
value of the damage created by the unavailability or lack of utility of
the property or services involved until repair or replacement can be
effected;
  (13) Property shall include, but not be limited to, electronically
processed or electronically produced data and information in computer
software whether in human or computer readable form; and
  (14) Services shall include, but not be limited to, computer time,
data processing, and storage functions.
    Source: Laws 1985, LB 371, 2; Laws 1991, LB 135, 4.

  28-1343.01.  Unauthorized computer access; penalty.
  (1) A person commits the offense of unauthorized computer access if
the person intentionally and without authority penetrates a computer
security system.
  (2) A person who violates subsection (1) of this section in a manner
that creates a grave risk of causing the death of a person shall be
guilty of a Class IV felony.
  (3) A person who violates subsection (1) of this section in a manner
that creates a risk to public health and safety shall be guilty of a
Class I misdemeanor.
  (4) A person who violates subsection (1) of this section in a manner
that compromises the security of data shall be guilty of a Class II
misdemeanor.
    Source: Laws 1991, LB 135, 5.

  28-1344.  Unlawful acts; depriving or obtaining property or services;
penalties.  Any person who intentionally accesses or causes to be
accessed, directly or indirectly, any computer, computer system,
computer software, or computer network without authorization or who,
having accessed any computer, computer system, computer software, or
computer network with authorization, knowingly and intentionally
exceeds the limits of such authorization shall be guilty of a Class IV
felony if he or she intentionally: (1) Deprives another of property or
services; or (2) obtains property or services of another, except that
any person who obtains property or services or deprives another of
property or services with a value of one thousand dollars or more by
such conduct shall be guilty of a Class III felony.
    Source: Laws 1985, LB 371, 3; Laws 1991, LB 135, 6.

  28-1345.  Unlawful acts; harming or disrupting operations; penal
ties.  Any person who accesses or causes to be accessed any computer,
computer system, computer software, or computer network without
authorization or who, having accessed any computer, computer system,
computer software, or computer network with authorization, knowingly
and intentionally exceeds the limits of such authorization shall be
guilty of a Class IV felony if he or she intentionally: (1) Alters,
damages, deletes, or destroys any computer, computer system, computer
software, computer network, computer program, data, or other property;
(2) disrupts the operation of any computer, computer system, computer
software, or computer network; or (3) distributes a destructive
computer program with intent to damage or destroy any computer,
computer system, computer network, or computer software, except that
any person who causes loss with a value of one thousand dollars or more
by such conduct shall be guilty of a Class III felony.
    Source: Laws 1985.  LB 371, 4; Laws 1991, LB 135, 7.

  28-1346.  Unlawful acts; obtaining confidential public information;
penalties.  Any person who intentionally accesses or causes to be
accessed any computer, computer system, computer software, or computer
network without authorization, or who, having accessed a computer,
computer system, computer software, or computer network with
authorization, knowingly and intentionally exceeds the limits of such
authorization, and thereby obtains information filed by the public with
the state or any political subdivision which is by statute required to
be kept confidential shall be guilty of a Class II misdemeanor.  For any
second or subsequent offense under this section, such person shall be
guilty of a Class I misdemeanor.
    Source: Laws 1985, LB 371, 5; Laws 1991, LB 135, 8.

  28-1347.  Unlawful acts; access without authorization; exceeding
authorization; penalties.  Any person who intentionally accesses any
computer, computer system, computer software, computer network,
computer program, or data without authorization and with knowledge that
such access was not authorized or who, having accessed any computer,
computer system, computer software, computer network, computer pro
gram, or data with authorization, knowingly and intentionally exceeds
the limits of such authorization shall be guilty of a Class V
misdemeanor.  For any second or subsequent offense under this section,
such person shall be guilty of a Class II misdemeanor.
    Source: Laws 1985, LB 371, 6; Laws 1991.  LB 135, 9.

  28-1348.  Act, how construed.  The Computer Crimes Act shall not be
construed to preclude the applicability of any other provision of the
Nebraska Criminal Code which may apply to any transaction described in
the Computer Crimes Act.
    Source: Laws 1985, LB 371, 7; Laws 1991, LB 135, 10.