NORTH DAKOTA
TITLE:	RACKETEER INFLUENCED AND CORRUPT 
ORGANIZATIONS
DEFINITIONS:	¤12.1-06.1-01.  DEFINITIONS

3.  For the purposes of section 12.1-06.1-08:

a.  "Access" means to approach, instruct, 
communicate with, store data in, retrieve data 
from, or otherwise make use of any resources of a 
computer, computer system, or computer network.

b.  "Computer" means an electronic device which 
performs work using programmed instruction and 
which has one or more of the capabilities of 
storage, logic, arithmetic, communication, or 
memory and includes all input, output, processing, 
storage, software, or communication facilities that 
are connected or related to such a device in a 
system or network.

c.  "Computer network" means the interconnection 
of communication lines, including microwave, fiber 
optics, light beams, or other means of electronic or 
optic data communication, with a computer 
through remote terminals or a complex consisting 
of two or more interconnected computers.

d.  "Computer program" means a series of 
instructions or statements, in a form acceptable to 
a computer, which permits the functioning of a 
computer system in a manner designed to provide 
appropriate products from such computer system.

e.  "Computer software" means a set of computer 
programs, procedures, and associated 
documentation concerned with the operation of a 
computer system.  

f.  "Computer system" means a set of related, 
connected or unconnected computer equipment, 
devices and software.  

g.  "Financial instrument" means any credit card, 
debit card, or electronic fund transfer card, code, 
or other means of access to an account for the 
purpose of initiating electronic fund transfers, or 
any check, draft, money order, certificate of 
deposit, letter of credit, bill of exchange, 
marketable security, or any other written 
instrument, which is transferable for value.

h.  "Property" includes financial instruments, 
information, electronically produced data or stored 
data, supporting documentation, computer 
software and computer programs in either 
machine or human readable form, and any other 
tangible or intangible item of value.  

i.  "Services" includes computer time, data 
processing and storage functions, and other uses of 
a computer system, or computer network to 
perform useful work.
OFFENSES:	¤ 12.1-06.1-08.  COMPUTER FRAUD

¤ 12.1-06.1-08.  COMPUTER CRIME
ELEMENTS:	¤ 12.1-06.1-08.  COMPUTER FRAUD

1.  A person commits computer fraud by gaining 
or attempting to gain access to, altering, damaging, 
modifying, copying, disclosing, taking possession 
of, or destroying any computer, computer system, 
computer network, or any part of such computer, 
system, or network, without authorization, and 
with the intent to devise or execute any scheme or 
artifice to defraud, deceive, prevent the authorized 
use of, or control property or services by means of 
false and fraudulent pretenses, representations, or 
promises.  A person who commits computer fraud 
is guilty of a Class C felony.

¤ 12.1-06.1-08.  COMPUTER CRIME

2.  A person commits computer crime by 
intentionally and either in excess of authorization 
given or without authorization gaining or 
attempting to gain access to, altering, damaging, 
modifying, copying, disclosing, taking possession 
of, destroying, or preventing the authorized use of 
any computer, computer system, or computer 
network, or any computer software, program, or 
data contained in such computer, computer 
system, or computer network.  A person who 
commits computer crime is guilty of a class A 
misdemeanor.
PENALTIES:	¤ 12.1-06.1-08.  COMPUTER FRAUD

1.  A person commits computer fraud [elements of 
offense set out above].  A person who commits 
computer fraud is guilty of a Class C felony.

¤ 12.1-06.1-08.  COMPUTER CRIME

2.  A person commits computer crime [elements of 
offense set out above].  A person who commits 
computer crime is guilty of a class A misdemeanor.
VENUE:	Not stated.
CIVIL REMEDY:	No reference to civil remedy.
CITATION:	N.D. Cent. Code ¤¤ 12.1-06.1-01, 12.1-06.1-08
SOURCE:	S.L. 1983, ch. 163, ¤ 8; amended, 1987, ch. 164, ¤ 
2.