Cyber Crimes and Penalties: A State-By-State List

In wake of the Trump Administration's decision to revoke PPD-20, lets review the current landscape of domestic cyber abuse and the ramifications.

Technology plays a crucial role within our modern society, but when put in relation to law, there is no doubt the laws-of-the-land have failed behind the very advancements of technology. As seen through Zuck’s testimony to congress, and as bad as it may sound, cyber-related legislature will continue to be low-priority until i. congress gets a fresh face and ii. America recovers from its first system-critical attack.

It goes without saying that the Trump Administration has made the most ripples in cybersecurity than any administration before it, but the separation of state powers from federal are causing for over-generalized crimes, penalties, and defenses.

Be sure to review your state’s code and comment your thoughts.

Author’s note: This list is intended to show how clear each state lists potential cyber crimes, laws, and penalties. At no point should this list be interpreted as is. Law is a very complex and goes beyond interpretation of documents found online. Beyond state law there is federal law. It is recommended you consult with an attorney regarding questions and concerns.

Alabama | Alabama Digital Crime Act |Defined Offenses: Computer tampering; data fraud; phishing.Penalty Profile: 1-year in jail with a $6,000 fine to up to 99-years in jail with a $60,000 fine.

Alaska | 11.46.740 |Defined Offenses: Criminal use of a computer.Penalty Profile: All crimes are a class C felony.

Arizona | 13-2316 |Defined Offenses: Intentionally, knowingly, recklessly committing computer tampering.Penalty Profile: 2nd degree, class 5 felony to 1st degree, class 3 felony.

Arkansas | 5-41-101, et seq. |Defined Offenses: _Computer fraud; computer trespass; unlawful computerized communications; disclosure of personal information; u_nlawful act regarding a computer; unlawful interference with access to computers or unlawful use/access; unlawful use of encryption; unlawful act involving email; computer password disclosure.Penalty Profile: Class C misdemeanor to class D felony.

California | Penal Code Section 502 et. seq. (Computer Crimes) |Defined Offenses: Defined computer crimes.Penalty Profile: $1,000–10,000 maximum required fine; county/state imprisonment of 1–3 years; ordered compensatory damages; ability for alternate sentencing.

Colorado | COL. REV. STAT. §18-5.5-101 et seq.: Computer Crime |Defined Offenses: Criminalized acts of accessing; causing damage.Penalty Profile: Class 3 misdemeanor to class 3 felony.

Connecticut | 53a-250, et seq. |Defined Offenses: Defined computer crimes.Penalty Profile: Class B misdemeanor to class B felony.

Delaware | 11 §§931, et seq. |Defined Offenses: Knowingly, intentionally, recklessly, negligently committing computer crimes.Penalty Profile: Class A misdemeanor to class D felony.

District of Columbia | Computer Fraud and Abuse Act (CFAA) 18 U.S. Code § 1030-Fraud and related activity in connection with computers, Computer Provisions of the USA Patriot Act |Defined Offenses: N/APenalty Profile: _N/A_*Note: In DC, most computer crimes are considered federal offenses.

Florida | Florida Statutes Title XLVI. Crimes § 815.01 |Defined Offenses: Computer Crimes Act: offenses against intellectual property; Computer Crimes Act: offenses against computer users; defined computer crimes.Penalty Profile: 3rd degree felony to 1st degree felony.

Georgia | 16-9-91, et seq. |Defined Offenses: Computer theft; computer trespass; computer invasion of privacy, computer forgery; computer password disclosure.Penalty Profile: Misdemeanor to felony.* Note: Section does not specifically classify crimes listed as either felony or misdemeanor. Offenses listed in misdemeanor or felony columns are based on the levels of punishments imposed rather than by explicit classification.

Hawaii | 708-890, et seq. |Defined Offenses: Defined computer crimes.Penalty Profile: Class C felony to class B felony.

Idaho | Idaho Statutes 18-2201, et seq.: Computer Crime |Defined Offenses: Defined computer crimes.Penalty Profile: Misdemeanor to felony.* Note: Section does not specifically classify crimes listed as either felony or misdemeanor. Offenses listed in misdemeanor or felony columns are based on the levels of punishments imposed rather than by explicit classification.

Illinois | 720 1LCS 5/16D-1, 720 1LCS 5/17-50 et seq |Defined Offenses: Computer tampering; aggravated computer tampering; computer fraud.Penalty Profile: Class B misdemeanor to class 2 felony.

Indiana | 35-43-1-4; 35-43-2-3 |Defined Offenses: Defined computer crimes.Penalty Profile: Class A misdemeanor to class B felony.

Iowa | Iowa Code 714, et seq.: Theft, Fraud and Related Offenses; Iowa Code 714E, et seq.: Foreclosure Consultants; Iowa Code 716.6B: Unauthorized Computer Access; Iowa Code 702.1A: Computer Terminology; Iowa Code 702.14: Property |Defined Offenses: Defined computer crimes.Penalty Profile: Simple misdemeanor to class C felony.

Kansas | Kansas Statutes Section 21-5839: Unlawful Acts Concerning Computers |Defined Offenses: Defined computer crimes.Penalty Profile: One-year jail + $2,500 fine to over 11-years jail + probation.

Kentucky | Kentucky Revised Statutes Sections: 434.845-Unlawful Access to a Computer in the 1st Degree; 434.850 -Unlawful Access to a Computer in the 2nd Degree; 434.851-Unlawful Access to a Computer in the 3rd Degree; 434.852 -Unlawful Access to a Computer in the 4th Degree; 434.855-Misuse of Computer Information |Defined Offenses: Defined computer crimes to the degree.Penalty Profile: Class B misdemeanor to class C felony (up to 10-years prison+up to $10,000 or double what was gained during crime).

Louisiana | 14:73.1, et seq. |Defined Offenses: Alter, destruction, or interference; computer fraud.Penalty Profile: N/A* Note: Section does not specifically classify crimes listed as either felony or misdemeanor. Offenses listed in misdemeanor or felony columns are based on the levels of punishments imposed rather than by explicit classification.

Maine | Maine Code Revised Title 17-A, Chapter 18: Computer Crimes |Defined Offenses: “Criminal invasion of computer privacy; aggravated criminal invasion of computer privacy.” Penalty Profile: Up to one-year county jail + $2,000 fine to five-years prison + $5,000 fine.

Maryland | Crim. Law §7-302 |Defined Offenses: Illegal access of a computer; aggravated illegal access of a computer.Penalty Profile: N/A

Massachusetts | Ch. 266 §33A |Defined Offenses: Defined computer crimes.Penalty Profile: N/A* Note: Section does not specifically classify crimes listed as either felony or misdemeanor. Offenses listed in misdemeanor or felony columns are based on the levels of punishments imposed rather than by explicit classification.

Michigan | 752.791, et seq. |Defined Offenses: Defined computer crimes.Penalty Profile: N/A* Note: Section does not specifically classify crimes listed as either felony or misdemeanor. Offenses listed in misdemeanor or felony columns are based on the levels of punishments imposed rather than by explicit classification.

Minnesota | 752.791, et seq. |Defined Offenses: Computer damage; computer theft; unauthorized computer access.Penalty Profile: Misdemeanor, gross misdemeanor, felony.

Mississippi | Mississippi Code Title 97: Crimes, Chapter 45: Computer Crimes & Identity Theft |Defined Offenses: Computer fraud; offenses against computer users; offenses against computer equipment; offenses against intellectual property; defined computer crimes.Penalty Profile: Max fine of $1,000 to at most 20-years prison + $10,000 fine.

Missouri | 537.525, 569.094, et seq. |Defined Offenses: Tampering with computer data; tampering with computer equipment; tampering with computer users.Penalty Profile: Class A misdemeanor to class C felony.

Montana | 537.525, 569.094, et seq. |Defined Offenses: Improperly accessing a computer, system, or network; introducing a virus or other contaminant into a computer system; modifying, damaging, using, disclosing, copying, or taking programs or data; using a computer in a scheme to defraud; interfering with someone else’s computer access or use; using encryption in aid of a crime; falsifying e-mail source information; stealing an information service from a provider; defined computer crimes.Penalty Profile: N/A

Nebraska | 28-1343, et seq. |Defined Offenses: Defined computer crimes.Penalty Profile: Misdemeanor to felony.

Nevada | 205.473, et seq. |Defined Offenses: Defined computer crimes.Penalty Profile: Misdemeanor to felony.

New Hampshire | 638:16, et seq. |Defined Offenses: Unauthorized access to a computer or computer network; theft of computer services; interruption of computer services; misuse of computer or computer network information; destruction of computer equipment; computer contamination; defined computer crimes.Penalty Profile: Misdemeanor to felony.

New Jersey | 2C:20-23, et seq. |Defined Offenses: Defined computer crimes to the degree.Penalty Profile: Up to 18-months prison to 10-years prison.* Note: Section does not specifically classify crimes listed as either felony or misdemeanor. Offenses listed in misdemeanor or felony columns are based on the levels of punishments imposed rather than by explicit classification.

New Mexico | New Mexico Statutes 30-45-1, et seq.: Computer Crimes |Defined Offenses: Computer access; computer abuse; unauthorized computer access.Penalty Profile: Petty misdemeanor to 2nd degree felony.

New York | New York Penal Law §156 et. seq. (Offenses Involving a Computer) |Defined Offenses: Unauthorized use of a computer; computer trespass; computer tampering: four degrees; duplication and possession of computer-related materials.Penalty Profile: Class A misdemeanor of up to one-year jail + $1,000 fine to class C felony of 15-years prison + $5,000 fine or double what was gained during crime.

North Carolina | North Carolina General Statutes sections 14-453 through 14-459 outline the state’s computer-related crimes. |Defined Offenses: Unlawful access of computers for purposes other than to scheme, defraud, or obtain property; altering, damaging, or destroying computer software, programs or data; and unlawfully accessing educational testing material or academic testing scores or grades that are in a government computer; denying an authorized user access to a computer, computer network, or computer program; damaging a computer, computer system, computer network, or parts thereof.Penalty Profile: Class 1 misdemeanor to class H felony.

North Dakota | 12.1-06.1-08 |Defined Offenses: “Computer crime;” “computer fraud.”Penalty Profile: Class A misdemeanor, class C felony.

Ohio | 2913.01, et seq. |Defined Offenses: N/APenalty Profile: N/A

Oklahoma | Oklahoma Statutes Title 21, §§1952, et seq:Computer Crimes Act |Defined Offenses: Defined computer crimes.Penalty Profile: N/A

Oregon | 164.125; 164.377 |Defined Offenses: Access; theft of services; access plus scheme to defraud; alter, damage or destroy hard/software; theft of data or services.Penalty Profile: Class C misdemeanor to class B felony.

Pennsylvania | 18 Pa. Cons. Stat. sections 7601-7661 |Defined Offenses: Defined computer crimes.Penalty Profile: 3rd degree felony (up to seven years prison).

Rhode Island | 11-52-1, et seq. |Defined Offenses: Access to computer for fraudulent purposes; intentional access, alteration, damage, or destruction; computer theft; computer trespass; cyberstalking / cyberharassment; use of false information; online impersonation; tampering with computer source documents.Penalty Profile: N/A

South Carolina | South Carolina Code of Laws 16-16-10, et seq.: Computer Crime Act |Defined Offenses: Defined computer crimes.Penalty Profile: Class B misdemeanor to class E felony.

South Dakota | S.D. Cod. Laws § 43-43B-1 to § 43-43B-8 |Defined Offenses: Improperly accessing a computer, system, or network; introducing a virus or other contaminant into a computer system; modifying, damaging, using, disclosing, copying, or taking programs or data; using a computer in a scheme to defraud; interfering with someone else’s computer access or use; using encryption in aid of a crime; falsifying e-mail source information; and stealing an information service from a provider.Penalty Profile: Class 1 misdemeanor to class 4 felony.

Tennessee | 39-14-601, et seq.; 39-14-105 |Defined Offenses: Defined computer crimes.Penalty Profile: Class C misdemeanor to felony.

Texas | Texas Penal Code § 33.01, et seq. |Defined Offenses: Knowingly accessing a computer, computer network or computer system without the consent of the owner; knowingly soliciting a minor under the age of 17 over the internet, text message, or other electronic system, to meet in person for the purpose of engaging in sexual behavior with the defendant; knowingly accessing a computer system, network, program, software or machine that is part of a voting system that uses direct recording electronic voting machines and tampers with the votes or the ability of someone to vote; creating a web page or leaving messages on a social networking site using the persona of another without the person’s consent and with the intent to harm, defraud, intimidate or threaten someone; or referencing the name, domain address, phone number or any other identifying information of a person without that person’s consent, intending to cause the recipient to think the message is truly coming from that person, with the intent to harm or defraud someone.Penalty Profile: Class B misdemeanor of up to 180 days in county jail + $2,000 fine to 1st degree felony of up to life in prison + $10,000.

Utah | Utah Code 76-6-701, et seq.: Utah Computer Crime Act |Defined Offenses: _Gaining or attempting to gain access to and altering, damaging, destroying, disclosing, or modifying any computer, computer network, computer property, computer system, computer program, computer data or software, and thereby causes damage to another, or obtains money, property, information, or a benefit for any person without legal right; using or knowingly allowing another person to use any computer, computer network, computer property, or computer system, program, or software to devise or execute any artifice or scheme to defraud or to obtain money, property, services, or other things of value by false pretenses, promises, or representations; intentionally or knowingly and without authorization, interfering with or interrupting computer services to another authorized to receive the services._Penalty Profile: Class B misdemeanor to 2nd degree felony.

Vermont | Tit. 13, §§ 4101-4107. |Defined Offenses: Unauthorized access; altering, damaging, or interfering with a computer; theft or destruction of a computer; accessing a computer for fraudulent purposes.Penalty Profile: N/A

Virginia | 18.2-152.1, et seq. |Defined Offenses: Computer fraud; spam; computer trespass; personally identifying information; theft of computer services; harassment by computer.Penalty Profile: Class 3 misdemeanor to class 3 felony.

Washington | 9A.52.110, et seq. |Defined Offenses: Defined computer crimes.Penalty Profile: N/A

West Virginia | West Virginia Code Chapter 61: Crimes, Article 3C: West Virginia Computer Crime and Abuse Act |Defined Offenses: Computer fraud; access to legislature computer; soliciting a minor via computer; alteration or destruction of computer equipment; unauthorized possession of computer data or programs; unauthorized access to computer services; unauthorized disruption or denial of computer services; unauthorized possession of computer information; computer invasion of privacy; disclosure of computer security information; obtaining confidential governmental information.Penalty Profile: Misdemeanor of up to 6-months jail + $1,000 fine to felony of 10-years prison + fine of $10,000.00

Wisconsin | 943.70 |Defined Offenses: Defined computer crimes.Penalty Profile: Class A misdemeanor to class D felony.

Wyoming | 6-3-501, et seq. |Defined Offenses: Defined computer crimes.Penalty Profile: N/A

“Defined computer crimes” refers to a state’s arbitrary list of computer activity considered to be criminal.

Share with me your thoughts and let me know what I should write about next.

I have released a new update to my website making it more organic for content consumption, contribution, and sponsorship. Be sure to check it out.

Written by Alec Ryncavage. Website | Twitter | LinkedIn

As of August 18, 2018. State laws are subject to change through new legislation and court rulings. Contact an attorney for any legal questions or concerns.

State law information and research provided by FindLaw.