2C :20-25 Computer criminal activity; degree of crime; sentencing.
4. A person is guilty of computer criminal activity if the person
purposely or knowingly and without authorization, or in excess of
authorization:
a. Accesses any data, data base, computer
storage medium, computer program, computer software, computer equipment,
computer, computer system or computer network;
b. Alters,
damages or destroys any data, data base, computer, computer storage
medium, computer program, computer software, computer system or computer
network, or denies, disrupts or impairs computer services, including
access to any part of the Internet, that are available to any other user
of the computer services;
c. Accesses or attempts to
access any data, data base, computer, computer storage medium, computer
program, computer software, computer equipment, computer system or
computer network for the purpose of executing a scheme to defraud, or to
obtain services, property, personal identifying information, or money,
from the owner of a computer or any third party;
d. (Deleted by amendment, P.L.2003, c.39).
e. Obtains, takes, copies or uses any data, data base, computer
program, computer software, personal identifying information, or other
information stored in a computer, computer network, computer system,
computer equipment or computer storage medium; or
f. Accesses and recklessly alters, damages or destroys any data,
data base, computer, computer storage medium, computer program, computer
software, computer equipment, computer system or computer network.
g. A violation of subsection a. of this section is a crime of the
third degree. A violation of subsection b. is a crime of the second
degree. A violation of subsection c. is a crime of the third degree,
except that it is a crime of the second degree if the value of the
services, property, personal identifying information, or money obtained
or sought to be obtained exceeds $5,000. A violation of subsection e.
is a crime of the third degree, except that it is a crime of the second
degree if the data, data base, computer program, computer software, or
information:
(1) is or contains personal identifying
information, medical diagnoses, treatments or other medical information
concerning an identifiable person;
(2) is or contains
governmental records or other information that is protected from
disclosure by law, court order or rule of court; or
(3) has a value exceeding $5,000.
A violation of subsection f. is a crime of the fourth degree, except
that it is a crime of the third degree if the value of the damage
exceeds $5,000.
A violation of any subsection of this section is a crime of the first degree if the offense results in:
(1) a substantial interruption or impairment of public
communication, transportation, supply of water, gas or power, or other
public service. The term "substantial interruption or impairment" shall
mean such interruption or impairment that:
(a) affects 10 or more structures or habitations;
(b) lasts for two or more hours; or
(c) creates a risk of death or significant bodily injury to any person;
(2) damages or loss in excess of $250,000; or
(3) significant bodily injury to any person.
Every sentence of imprisonment for a crime of the first degree
committed in violation of this section shall include a minimum term of
one-third to one-half of the sentence imposed, during which term the
defendant shall not be eligible for parole.
h. Every
sentence imposed upon a conviction pursuant to this section shall, if
the victim is a government agency, include a period of imprisonment. The
period of imprisonment shall include a minimum term of one-third to
one-half of the sentence imposed, during which term the defendant shall
not be eligible for parole. The victim shall be deemed to be a
government agency if a computer, computer network, computer storage
medium, computer system, computer equipment, computer program, computer
software, computer data or data base that is a subject of the crime is
owned, operated or maintained by or on behalf of a governmental agency
or unit of State or local government or a public authority. The
defendant shall be strictly liable under this subsection and it shall
not be a defense that the defendant did not know or intend that the
victim was a government agency, or that the defendant intended that
there be other victims of the crime.
A violation of any
subsection of this section shall be a distinct offense from a violation
of any other subsection of this section, and a conviction for a
violation of any subsection of this section shall not merge with a
conviction for a violation of any other subsection of this section or
section 10 of P.L.1984, c.184 (C.2C:20-31), or for conspiring or
attempting to violate any subsection of this section or section 10 of
P.L.1984, c.184 (C.2C:20-31), and a separate sentence shall be imposed
for each such conviction.
When a violation of any subsection
of this section involves an offense committed against a person under 18
years of age, the violation shall constitute an aggravating
circumstance to be considered by the court when determining the
appropriate sentence to be imposed.
