MINNESOTA TITLE: Crimes Against Commerce DEFINITIONS: ¤ 609.87. COMPUTER CRIME; Definitions Subdivision 1. Applicability. For purposes of sections 609.87 to 609.89, and section 609.891, the terms defined in this section have the meanings given them. Subd. 2. Access. "Access" means to instruct, communicate with, store data in, or retrieve data from a computer, computer system, or computer network. Subd. 3. Computer. "Computer" means an electronic device which performs logical, arithmetic and memory functions by the manipulations of signals, including but not limited to electronic or magnetic impulses. Subd. 4. Computer system. "Computer system" means related, connected or unconnected, computers and peripheral equipment. Subd. 5. Computer network. "Computer network" means the interconnection of a communication system with a computer through a remote terminal, or with two or more interconnected computers or computer systems. Subd. 6. Property. "Property" includes, but is not limited to, electronically processed or produced data and information contained in a computer or computer software in either machine or human readable form. Subd. 7. Services. "Services" includes but is not limited to, computer time, data processing, and storage functions. Subd. 8. Computer program. "Computer program" means an instruction or statement or a series of instructions or statements, in a form acceptable to a computer, which directs the functioning of a computer system in a manner designed to provide appropriate products from the computer. Subd. 9. Computer software. "Computer software" means a computer program or procedures, or associated documentation concerned with the operation of a computer. Subd. 10. Loss. "Loss" means the greatest of the following: (a) the retail market value of the property or services involved; (b) the reasonable repair or replacement cost, whichever is less; or (c) the reasonable value of the damage created by the unavailability or lack of utility of the property or services involved until repair or replacement can be effected. Subd. 11. Computer security system. "Computer security system" means a software program or computer device that: (1) is intended to protect the confidentiality and secrecy of data and information stored in or accessible through the computer system; and (2) displays a conspicuous warning to a user that the user is entering a secure system or requires a person seeking access to knowingly respond by use of an authorized code to the program or device in order to gain access. Subd. 12. Destructive computer program. "Destructive computer program" means a computer program that performs a destructive function or produces a destructive product. A program performs a destructive function if it degrades performance of the affected computer, associated peripherals or a computer program; disables the computer, associated peripherals or a computer program; or destroys or alters computer programs or data. A program produces a destructive product if it produces unauthorized data, including data that make computer memory space unavailable; results in the unauthorized alteration of data or computer programs; or produces a destructive computer program, including a self- replicating computer program. OFFENSES: ¤ 609.88. Computer damage ¤ 609.89. Computer theft ELEMENTS: ¤ 609.88. Computer damage Subdivision 1. Acts. Whoever does any of the following is guilty of computer damage and may be sentenced as provided in subdivision 2: (a) Intentionally and without authorization damages or destroys any computer, computer system, computer network, computer software, or any other property specifically defined in section 609.87, subdivision 6; (b) Intentionally and without authorization and with intent to injure or defraud alters any computer, computer system, computer network, computer software, or any other property specifically defined in section 609.87, subdivision 6; or (c) Distributes a destructive computer program, without authorization and with intent to damage or destroy any computer, computer system, computer network, computer software, or any other property specifically defined in section 609.87, subdivision 6. ¤ 609.89. Computer theft Subdivision 1. Acts. Whoever does any of the following is guilty of computer theft and may be sentenced as provided in subdivision 2: (a) Intentionally and without authorization or claim of right accesses or causes to be accessed any computer, computer system, computer network or any part thereof for the purpose of obtaining services or property; or (b) Intentionally and without claim of right, and with intent to permanently deprive the owner of possession, takes, transfers, conceals or retains possession of any computer, computer system, or any computer software or data contained in a computer, computer system, or computer network. ¤ 609.891. UNAUTHORIZED COMPUTER ACCESS Subdivision 1. Crime. A person is guilty of unauthorized computer access if the person intentionally and without authority attempts to or does penetrate a computer security system. PENALTIES: ¤ 609.88. Computer damage Subd. 2. Penalty. Whoever commits computer damage may be sentenced as follows: (a) To imprisonment for not more than ten years or to payment of a fine of not more than $50,000, or both, if the damage, destruction or alteration results in a loss in excess of $2,500, to the owner, or the owner's agent, or lessee; (b) To imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the damage, destruction or alteration results in a loss of more than $500, but not more than $2,500 to the owner, or the owner's agent or lessee; or (c) In all other cases to imprisonment for not more than 90 days or to payment of a fine of not more than $700, or both. ¤ 609.89. Computer THEFT Subd. 2. Penalty. Anyone who commits computer theft may be sentenced as follows: (a) To imprisonment for not more than ten years or to payment of a fine of not more than $50,000, or both, if the loss to the owner, or the owner's agent, or lessee is in excess of $2,500; or (b) To imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the loss to the owner, or the owner's agent, or lessee is more than $500, but not more than $2,500; or (c) In all other cases to imprisonment for not more than 90 days or to payment of a fine of not more than $700, or both. ¤ 609.891. UNAUTHORIZED COMPUTER ACCESS Subd. 2. Felony. (a) A person who violates subdivision 1 in a manner that creates a grave risk of causing the death of a person is guilty of a felony and may be sentenced to a term of imprisonment of not more than ten years or to payment of a fine of not more than $20,000, or both. (b) A person who is convicted of a second or subsequent gross misdemeanor violation of subdivision 1 is guilty of a felony and may be sentenced under paragraph (a). Subd. 3. Gross misdemeanor. (a) A person who violates subdivision 1 in a manner that creates a risk to public health and safety is guilty of a gross misdemeanor and may be sentenced to imprisonment for a term of not more than one year or to payment of a fine of not more than $3,000, or both. (b) A person who violates subdivision 1 in a manner that compromises the security of data that are protected under section 609.52, subdivision 2, clause (8), or are not public data as defined in section 13.02, subdivision 8a, is guilty of a gross misdemeanor and may be sentenced under paragraph (a). (c) A person who is convicted of a second or subsequent misdemeanor violation of subdivision 1 within five years is guilty of a gross misdemeanor and may be sentenced under paragraph (a). Subd. 4. Misdemeanor. A person who violates subdivision 1 is guilty of a misdemeanor and may be sentenced to imprisonment for a term of not more than 90 days or to payment of a fine of not more than $700, or both. VENUE: Not stated. CIVIL REMEDY: No reference to civil remedy. CITATION: Minn. Stat., ¤¤ 609.87 thru 609.8. SOURCE: Laws 1982, c. 534, eff. August 1, 1982; amended, Laws 1984, c. 628, art 3., ¤ 11, eff. May 3, 1984; Laws 1986, c. 444; amended, Laws 1990, c. 494.