MISSOURI TITLE: Crimes and Punishment DEFINITIONS: ¤ 569.093. Definitions As used in sections 569.094 to 569.099 and in section 537.525, RSMo, the following terms mean: (1) "Access", to instruct, communicate with, store data in, retrieve or extract data from, or otherwise make any use of any resources of, a computer, computer system, or computer network; (2) "Computer", a functional unit that can perform substantial computation, including numerous arithmetic operations, logic operations, or data processing, without intervention by a human operator during a run; (3) "Computer equipment", computers, terminals, data storage devices, and all other computer hardware associated with a computer system or network; (4) "Computer network", a complex consisting of two or more interconnected computers or computer systems; (5) "Computer program", a set of instructions, statements, or related data that directs or is intended to direct a computer to perform certain functions; (6) "Computer software", a set of computer programs, procedures, and associated documentation pertaining to the operation of a computer system or computer network; (7) "Computer system", a set of related, connected or unconnected, computer equipment, data, or software; (8) "Damage", any alteration, deletion, or destruction of any part of a computer system or network; (9) "Data", a representation of information, facts, knowledge, concepts, or instructions prepared in a formalized or other manner and intended for use in a computer or computer network. Data may be in any form including, but not limited to, printouts, microfiche, magnetic storage media, punched cards and as may be stored in the memory of a computer; 10) "Property", anything of value as defined in subdivision (10) of section 570.010, RSMo, and includes, but is not limited to, financial instruments, information, including electronically produced data and computer software and programs in either machine or human readable form, and any other tangible or intangible item of value; (11) "Services", the use of a computer, computer system, or computer network and includes, but is not limited to, computer time, data processing, and storage or retrieval functions. OFFENSES: ¤ 569.095. Tampering with computer data ¤ 569.097. Tampering with computer equipment ¤ 569.099. Tampering with computer USERS ELEMENTS: ¤ 569.095. Tampering with computer data 1. A person commits the crime of tampering with computer data if he knowingly and without authorization or without reasonable grounds to believe that he has such authorization: (1) Modifies or destroys data or programs residing or existing internal to a computer, computer system, or computer network; or (2) Modifies or destroys data or programs or supporting documentation residing or existing external to a computer, computer system, or computer network; or (3) Discloses or takes data, programs, or supporting documentation, residing or existing internal or external to a computer, computer system, or computer network; or (4) Discloses or takes a password, identifying code, personal identification number, or other confidential information about a computer system or network that is intended to or does control access to the computer system or network; (5) Accesses a computer, a computer system, or a computer network, and intentionally examines information about another person; (6) Receives, retains, uses, or discloses any data he knows or believes was obtained in violation of this subsection. ¤ 569.097. TAMPERING WITH COMPUTER EQUIPMENT 1. A person commits the crime of tampering with computer equipment if he knowingly and without authorization or without reasonable grounds to believe that he has such authorization: (1) Modifies, destroys, damages, or takes equipment or data storage devices used or intended to be used in a computer, computer system, or computer network; or (2) Modifies, destroys, damages, or takes any computer, computer system, or computer network. ¤ 569.099. Tampering with computer USERS 1. A person commits the crime of tampering with computer users if he knowingly and without authorization or without reasonable grounds to believe that he has such authorization: (1) Accesses or causes to be accessed any computer, computer system, or computer network; or (2) Denies or causes the denial of computer system service to an authorized user of such computer system services, which, in whole or in part, is owned by, under contract to, or operated for, or on behalf of, or in conjunction with another. PENALTIES: ¤ 569.095. Tampering with computer datA 2. Tampering with computer data is a class A misdemeanor, unless the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, the value of which is one hundred fifty dollars or more, in which case it is a class D felony. ¤ 569.097. Tampering with computer equipment. 2. Tampering with computer equipment is a class A misdemeanor, unless: (1) The offense is committed for the purpose of executing any scheme or artifice to defraud or obtain any property, the value of which is one hundred fifty dollars or more, in which case it is a class D felony; or (2) The damage to such computer equipment or to the computer, computer system, or computer network is one hundred fifty dollars or more but less than one thousand dollars, in which case it is a class D felony; or (3) The damage to such computer equipment or to the computer, computer system, or computer network is one thousand dollars or greater, in which case it is a case C felony. ¤ 569.099. Tampering with computer USERS 2. The offense of tampering with computer users is a class A misdemeanor unless the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, the value of which is one hundred fifty dollars or more, in which case tampering with computer users is a class D felony; VENUE: Not stated. CIVIL REMEDY: ¤ 537.525. Tampering with computer datA, Computer EQUIPMENT, or computer USERS_DAMAGES_ATTORNEY'S FEES, CERTAIN EXPENSES, AWARDED WHEN 1. In addition to any other civil remedy available, the owner or lessee of the computer system, computer network, computer program, computer service or data may bring a civil action against any person who violates sections 569.095 to 596.099, RSMo, for compensatory damages, including any expenditures reasonably and necessarily incurred by the owner or lessee to verify that a computer system, computer network, computer program, computer service, or data was not altered, damaged, or deleted by the access. 2. In any action brought pursuant to this section, the court may award reasonable attorney's fees to a prevailing plaintiff. MISCELLANEOUS: ¤ 569.094. COMPUTER PRINTOUTS USED AS EVIDENCE In a prosecution under sections 569.095 to 569.099, computer printouts shall be competent evidence of any computer software, program, or data contained in or taken from a computer, computer system, or computer network. CITATION: Mo. Rev. Stat., ¤¤ 537.525, 569.093 thru 569.099. SOURCE: L. 1987, H.B. No. 208 [¤ 537.525]; L. 1982, p. 693; amended, L. 1987, H.B. No. 208 [¤¤ 569.093 to 569.099].