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Hackers Underworld 2: Forbidden Knowledge
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Hackers Underworld 2: Forbidden Knowledge.iso
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LEGAL
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NJ_LAW.STA
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1994-07-17
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/* BBS LEGAL GUIDE COMMENTARY- The New Jersey Computer -Related
Crimes law. It is section 2C:20 of the Code of Criminal Justice
of New Jersey, adopted in 1984. */
2C20-23. Definitions.
As used in this act:
a. "Access" means to instruct, communicate with, store data in,
or 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 other similar device
capable of executing a computer program, including arithmetic,
logical, arithmetical, and memory or input-output operations, by
manipulations 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
communication, 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 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.
2C:20-24. Value of property or services
For the purposes of this act, the value of any property or
services, including the use of computer time, shall be their fair
market value, if it is determined that a willing buyer and
willing seller exist. ALternatively, value shall include but not
be limited to the cost of generating or obtaining data and
storing it within a computer or computer system.
2C:20-25. Computer-related theft
A person is guilty of theft if he purposefully and without
authorization:
a. Alters, damages, takes or destroys any data, data base,
computer program, computer software or computer equipment existing
internally or externally to a 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.
2C:20-26. Property of services of $ 75,000 or more; degree of
crime
a. Theft under section 4 of this act 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 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 person is guilty of a crime of the third degree if he
purposefully or knowingly access 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 or more.
2C:20-27. Property of services between $ 500 and $ 75,000; degree
of crime
a. Theft under section 4 of this act 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.
b. A person is guilty of a crime of the fourth degree if he
purposefully or knowingly access 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 but less than
$ 75,000.
2C:20-28. Property of services between $ 200 and $ 500; degree of
crime
a. Theft under section 4 of this act 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 person is guilty of a disorderly persons offense if he
purposefully or knowingly access 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 but less than $
500.00.
2C:20-29. Property of services between $ 200 and $ 500; degree of
crime
a. Theft under section 4 of this act 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
$ 200.00 or less.
b. A person is guilty of a petty disorderly persons offense if he
purposefully or knowingly access 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.
2C:20-30. Damage or wrongful access to computer system; no
assessable damage; degree of crime
A person is guilty of a crime of the third degree if the
purposely and without authorization accesses, alters, damages or
destroys a computer system or any of its part, where the
accessing and altering cannot be assess a monetary value or loss.
2C:20-31. Disclosure of data from wrongful access; no assessable
damage; degree of crime
A person is guilty of a crime of the third degree is he purposely
and without authorization access 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.
2C:20-32. Wrongful access to computer; lack of damage of
destruction; disorderly persons offense
A person is guilty of a disorderly person offense if he purposely
and without authorization access a computer or any of its parts
and this action does not result in the altering, damaging or
destruction of any property or services.
2C:20-33. Copy or alteration of program or software with value of
$ 1,000 or less
The copying or altering of a computer program or computer
software shall not constitute theft for the purposes of chapters
20 and 21 of Title 2C of the New Jersey Statutes or any offense
under this act if the computer program or computer software is of
a retail value of $ 1,000 or less and is not copied for resale.
2C:20-34. Situs of offense
For the purpose of prosecution under this act, the situs of an
offense of theft shall be the location of the computer which is
accessed, or where the terminal used in the offense is situated,
or where the actual damage occurs.
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