New Hampshire Computer Crimes Law, adopted in January, 1986, New Hampshire Revised Statutes [1955] section 638:16

 

SECTION 638:16 Computer Crime; Definitions

 

For the purpose of this subdivision:

 

I. "Access" means to instruct, communicate with, store data in, retrieve data from a computer, computer system or computer network.

 

II. "Computer" means a programmable, electronic device capable of accepting and processing data.

 

III. "Computer network" means (a) a set of related devices connected to a computer by communication facilities, or (b) a complex of two or more computers, including related devices, connected by communications facilities.

 

IV. "Computer program" means a� set of instructions, or statements or related data that, in actual or modified form, is capable of causing a computer to perform specified functions.

 

V. "Computer services" includes, but is not limited to, computer access, data processing and data storage.

 

VI.� "Computer software" one or more computer programs, existing in any form, or associated operational procedures, manuals, or other documentation.

 

VII. "Computer system" means a computer, its software, related equipment, communications facilities, if any, and includes computer networks.

 

VIII. "Data" means information of any kind in any form, including computer software.

 

IX. "Person" means a natural person, corporation, trust, partnership, incorporated or unincorporated association, and any other legal or governmental entity, including any state or municipal entity or public official.

 

/* This means that the state, despite the current status of the law (states aren't liable for copyright infringement) is included in the computer crimes field. */

 

X. "Property" means anything of value, including data.

 

SECTION 638:17 Computer Related Offenses.

 

I. A person is guilty of the computer crime of unauthorized access to a computer system when, knowing that he is not authorized to do so, he knowingly access or causes to be accessed any computer system without authorization. It shall be an affirmative defense to prosecution for unauthorized access to a computer system that:

 

(a) The person reasonably believed that the owner of the computer system, or a person empowered to license access thereto, had authorized him to access; or

 

(b) The person reasonably believes that the owner of the computer system, or a person empowered to license access thereto, would have authorized him to access without payment of any consideration;

 

/* If you are running a BBS and you want to limit access to only those who give their real names, and the system is a no-charge BBS, then you would have to make that clear on sign on.*/

 

(c) The person reasonably could not have known that his access was unauthorized.

 

II. A person is guilty of the computer crime of theft of computer services when he knowingly accesses or causes to be used a computer system with the purpose of obtaining unauthorized computer services.

 

III. A person is guilty of the computer crime of interruption of computer services when he, without authorization, knowingly or recklessly disrupts or degrades or causes the disruption or degradation of computer services or denies or causes the denial of computer services to an authorized user of a computer system.

 

IV. A person is guilty of the computer crime of misuse of computer system information when:

 

(a) As a result of his accessing or causing to be accessed a computer system, he intentionally makes or causes to be made an unauthorized display, use, disclosure or copy, in any form, of data residing in, communicated by or produced by a computer system; or

 

(b) he knowingly or recklessly and without authorization:

 

� (1) Alters, deletes, tampers with, damages, destroys or�� takes data intended for use by a computer system, whether�� residing within or external to a computer system; or

 

� (2) Intercepts or adds data to data residing within a computer�� system; or

 

(c) he knowingly receives or retains data obtained in violation of subparagraph (a) or (b) of this paragraph; or

 

(d) He knowingly uses or discloses any data he knows or believes was obtained in violation of subparagraph (a) or (b) of this subsection.

 

V. A person is guilty of the computer crime of destruction of computer equipment when he, without authorization, knowingly or recklessly tampers with, takes, transfers, conceals, alters, damages or destroys any equipment used in a computer system or knowingly or recklessly causes any of the foregoing to occur.

 

SECTION 638:18 Computer Crime Penalties.

 

I. Computer crime constitutes a class A felony if the damage to the damage to or the value of the property or computer services exceeds $ 1,000.

 

II. Computer crime constitutes a Class B felony if:

 

(a) The damage to or the value of the property or computer services exceeds $ 500; or

 

(b)� The person recklessly engages in conduct which creates a risk of serious physical injury to another person.

 

III. Computer crime is a misdemeanor if the damage to or the value of the property or computer services, if any, is $ 500 or less.

 

IV. If a person has gained money, property or services or other consideration through the commission of any offense under RS 638:17, upon conviction thereof, the court, in addition to any sentence of imprisonment or other form of sentence authorized by RSA 651, may in lieu of imposing a fine, may sentence the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant's gain from the commission of such offense. In such case the court shall make a finding as to the amount of the defendant's gain from the offense, and if the record does not contain sufficient evidence to support such a finding, the court may conduct a hearing upon the issue. For the purpose of this section, "gain" means the amount of money or the value of property or computer services or other consideration derived.

 

V. For the purposes of this section:

 

(a) The value of property or computer services shall be:

 

(1) The market value of the property or computer services at the time of the violation; or

 

(2) if the property or computer services are unrecoverable, damaged or destroyed as a result of a violation of RSA 638:17 the cost of reproducing or replacing the property or computer services at the time of the violation.

 

(b) Amounts included in violations of RSA 638:17 committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.

 

(c) When the value of the property or computer services or damage thereto cannot be satisfactorily ascertained, the value shall be deemed to be two hundred fifty dollars.

 

SECTION 638:19 Venue

 

I. In any prosecution for a violation of RSA 638:17 the offense shall be deemed to have been committed in the town in which the act occurred or in which the computer system or part thereof involved in the violation was located.

 

/*"Venue" is the law of where a case will be heard. Venue is easy in an armed robbery of a liquor store, since you know where the crime took place, and ordinarily, crimes are tried in the area where they took place. But in computer crime, it is very hard to figure out where the crime took place. The venue provision of New Hampshire basically says that it can be tried wherever you can catch the baddie. */

 

II. In any prosecution for a violation of RSA 638:17 based upon more than one act in violation thereof, the offense shall be deemed to have been committed in any of the towns in which any of the acts occurred or in which a computer system or part thereof involved in a violation was located.

 

III. If any act performed in furtherance of the offenses prohibited by RSA 638:17 occurs in this state or if any computer system or part thereof accessed in violation of RSA 638:17 is located in this state, the offense shall be deemed to have occurred in this state.

 

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