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

In wake of the Trump Administration's decision to revoke , lets review the current landscape of domestic cyber abuse and the ramifications. PPD-20 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 , and as bad as it may sound, cyber-related legislature will continue to be low-priority until and Zuck’s testimony to congress i. congress gets a fresh face 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. 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. Author’s note: | |Defined Offenses: Penalty Profile: Alabama Alabama Digital Crime Act Computer tampering; data fraud; phishing. 1-year in jail with a $6,000 fine to up to 99-years in jail with a $60,000 fine. | |Defined Offenses: Penalty Profile: Alaska 11.46.740 Criminal use of a computer. All crimes are a class C felony. | |Defined Offenses: Penalty Profile: Arizona 13-2316 Intentionally, knowingly, recklessly committing computer tampering. 2nd degree, class 5 felony to 1st degree, class 3 felony. | |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: Arkansas 5-41-101, et seq. Class C misdemeanor to class D felony. | |Defined Offenses: Penalty Profile: California Penal Code Section 502 et. seq. (Computer Crimes) Defined computer crimes. $1,000–10,000 maximum required fine; county/state imprisonment of 1–3 years; ordered compensatory damages; ability for alternate sentencing. | |Defined Offenses: Penalty Profile: Colorado COL. REV. STAT. §18-5.5-101 et seq.: Computer Crime Criminalized acts of accessing; causing damage. Class 3 misdemeanor to class 3 felony. | |Defined Offenses: Penalty Profile: Connecticut 53a-250, et seq. Defined computer crimes. Class B misdemeanor to class B felony. | 11 §§931, et seq. |Defined Offenses: Penalty Profile: Delaware Knowingly, intentionally, recklessly, negligently committing computer crimes. Class A misdemeanor to class D felony. | |Defined Offenses: Penalty Profile: _N/A_*Note: In DC, most computer crimes are considered federal offenses. 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 N/A | |Defined Offenses: Penalty Profile: Florida Florida Statutes Title XLVI. Crimes § 815.01 Computer Crimes Act: offenses against intellectual property; Computer Crimes Act: offenses against computer users; defined computer crimes. 3rd degree felony to 1st degree felony. | |Defined Offenses: Computer theft; computer trespass; computer invasion of privacy, computer forgery; computer password disclosure.Penalty Profile: 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. Georgia 16-9-91, et seq. Misdemeanor to felony.* | |Defined Offenses: Penalty Profile: Hawaii 708-890, et seq. Defined computer crimes. Class C felony to class B felony. | |Defined Offenses: Penalty Profile: 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. Idaho Idaho Statutes 18-2201, et seq.: Computer Crime Defined computer crimes. Misdemeanor to felony.* | |Defined Offenses: Penalty Profile: Illinois 720 1LCS 5/16D-1, 720 1LCS 5/17-50 et seq Computer tampering; aggravated computer tampering; computer fraud. Class B misdemeanor to class 2 felony. | |Defined Offenses: Penalty Profile: Indiana 35-43-1-4; 35-43-2-3 Defined computer crimes. Class A misdemeanor to class B felony. | |Defined Offenses: Penalty Profile: 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 computer crimes. Simple misdemeanor to class C felony. | |Defined Offenses: Penalty Profile: Kansas Kansas Statutes Section 21-5839: Unlawful Acts Concerning Computers Defined computer crimes. One-year jail + $2,500 fine to over 11-years jail + probation. | |Defined Offenses: Penalty Profile: 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 computer crimes to the degree. Class B misdemeanor to class C felony (up to 10-years prison+up to $10,000 or double what was gained during crime). | |Defined Offenses: Penalty Profile: 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. Louisiana 14:73.1, et seq. Alter, destruction, or interference; computer fraud. N/A* | |Defined Offenses: “ invasion of computer privacy; aggravated criminal invasion of computer privacy.” Penalty Profile: Maine Maine Code Revised Title 17-A, Chapter 18: Computer Crimes Criminal Up to one-year county jail + $2,000 fine to five-years prison + $5,000 fine. | |Defined Offenses: Penalty Profile: Maryland Crim. Law §7-302 Illegal access of a computer; aggravated illegal access of a computer. N/A | |Defined Offenses: Penalty Profile: 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. Massachusetts Ch. 266 §33A Defined computer crimes. N/A* | |Defined Offenses: Penalty Profile: 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 computer crimes. N/A* | |Defined Offenses: Penalty Profile: Minnesota 752.791, et seq. Computer damage; computer theft; unauthorized computer access. Misdemeanor, gross misdemeanor, felony. | |Defined Offenses: offenses against computer users; offenses against computer equipment; offenses against intellectual property; defined computer crimes.Penalty Profile: Mississippi Mississippi Code Title 97: Crimes, Chapter 45: Computer Crimes & Identity Theft Computer fraud; Max fine of $1,000 to at most 20-years prison + $10,000 fine. | |Defined Offenses: Penalty Profile: Missouri 537.525, 569.094, et seq. Tampering with computer data; tampering with computer equipment; tampering with computer users. Class A misdemeanor to class C felony. | |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 service from a provider; defined computer crimes.Penalty Profile: Montana 537.525, 569.094, et seq. information N/A | |Defined Offenses: Penalty Profile: Nebraska 28-1343, et seq. Defined computer crimes. Misdemeanor to felony. | |Defined Offenses: Penalty Profile: Nevada 205.473, et seq. Defined computer crimes. Misdemeanor to felony. | |Defined Offenses: Penalty Profile: New Hampshire 638:16, et seq. 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. Misdemeanor to felony. | |Defined Offenses: Penalty Profile: 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 Jersey 2C:20-23, et seq. Defined computer crimes to the degree. Up to 18-months prison to 10-years prison.* | |Defined Offenses: Penalty Profile: New Mexico New Mexico Statutes 30-45-1, et seq.: Computer Crimes Computer access; computer abuse; unauthorized computer access. Petty misdemeanor to 2nd degree felony. | |Defined Offenses: Penalty Profile: New York New York Penal Law §156 et. seq. (Offenses Involving a Computer) Unauthorized use of a computer; computer trespass; computer tampering: four degrees; duplication and possession of computer-related materials. 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. | |Defined Offenses: Penalty Profile: North Carolina North Carolina General Statutes sections 14-453 through 14-459 outline the state’s computer-related crimes. 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. Class 1 misdemeanor to class H felony. | |Defined Offenses: “Computer crime;” “computer fraud.”Penalty Profile: North Dakota 12.1-06.1-08 Class A misdemeanor, class C felony. | |Defined Offenses: Penalty Profile: Ohio 2913.01, et seq. N/A N/A | |Defined Offenses: Penalty Profile: Oklahoma Oklahoma Statutes Title 21, §§1952, et seq:Computer Crimes Act Defined computer crimes. N/A | |Defined Offenses: Penalty Profile: Oregon 164.125; 164.377 Access; theft of services; access plus scheme to defraud; alter, damage or destroy hard/software; theft of data or services. Class C misdemeanor to class B felony. | |Defined Offenses: Penalty Profile: Pennsylvania 18 Pa. Cons. Stat. sections 7601-7661 Defined computer crimes. 3rd degree felony (up to seven years prison). | |Defined Offenses: Penalty Profile: Rhode Island 11-52-1, et seq. 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. N/A | |Defined Offenses: Penalty Profile: South Carolina South Carolina Code of Laws 16-16-10, et seq.: Computer Crime Act Defined computer crimes. Class B misdemeanor to class E felony. | |Defined Offenses: Penalty Profile: South Dakota S.D. Cod. Laws § 43-43B-1 to § 43-43B-8 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. Class 1 misdemeanor to class 4 felony. | |Defined Offenses: Penalty Profile: Tennessee 39-14-601, et seq.; 39-14-105 Defined computer crimes. Class C misdemeanor to felony. | |Defined Offenses: Penalty Profile: Texas Texas Penal Code § 33.01, et seq. 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. 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. | |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: Utah Utah Code 76-6-701, et seq.: Utah Computer Crime Act Class B misdemeanor to 2nd degree felony. | |Defined Offenses: Penalty Profile: Vermont Tit. 13, §§ 4101-4107. Unauthorized access; altering, damaging, or interfering with a computer; theft or destruction of a computer; accessing a computer for fraudulent purposes. N/A | |Defined Offenses: Penalty Profile: Virginia 18.2-152.1, et seq. Computer fraud; spam; computer trespass; personally identifying information; theft of computer services; harassment by computer. Class 3 misdemeanor to class 3 felony. | |Defined Offenses: Penalty Profile: Washington 9A.52.110, et seq. Defined computer crimes. N/A | |Defined Offenses: Penalty Profile: West Virginia West Virginia Code Chapter 61: Crimes, Article 3C: West Virginia Computer Crime and Abuse Act 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. Misdemeanor of up to 6-months jail + $1,000 fine to felony of 10-years prison + fine of $10,000.00 | |Defined Offenses: Penalty Profile: Wisconsin 943.70 Defined computer crimes. Class A misdemeanor to class D felony. | |Defined Offenses: Penalty Profile: Wyoming 6-3-501, et seq. Defined computer crimes. N/A “ ” refers to a state’s arbitrary list of computer activity considered to be criminal. Defined computer crimes 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 .