RHODE ISLAND TITLE: COMPUTER CRIME DEFINITIONS: ¤ 11-52-1. DEFINITIONS As used in this chapter: (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 logical, arithmetic, and memory functions by the manipulations of electronic or magnetic impulses, and includes all input, output, processing, storage, software, or communication facilities which are connected or related to such a device in a system or network. (C) "Computer system" means a set of related, connected or unconnected, computer equipment, devices and software. (D) "Computer network" means the interconnection of communication lines with a computer through remote terminals, or a complex consisting of two or more interconnected computers. (E) "Property" 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. (F) "Services" includes, but is not limited to, computer time, data processing and storage functions. (G) "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 systems. (H) "Computer software" means a set of computer programs, procedures and associated documentation concerned with the operation of a computer system. (I) "Data" means any representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared and are intended to be entered, processed or stored, are being entered, processed or stored or have been entered, processed or stored in a computer, computer system or computer network. (J) "Source document" means an original document or record which forms the basis of every electronic entry put into a computer, computer system or computer network. OFFENSES: ¤ 11-52-2. ACCESS TO COMPUTER FOR FRAUDULENT PURPOSES ¤ 11-52-3. INTENTIONAL ACCESS, ALTERATION, DAMAGE OR DESTRUCTION ¤ 11-52-4. COMPUTER THEFT ¤ 11-52-7. USE OF FALSE INFORMATION ¤ 11-52-8. TAMPERING WITH COMPUTER SOURCE DOCUMENTS ELEMENTS: ¤ 11-52-2. ACCESS TO COMPUTER FOR FRAUDULENT PURPOSES Whoever directly or indirectly accesses or causes to be accessed any computer, computer system, or computer network for the purpose of (1) devising or executing any scheme or artifice to defraud, (2) obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises, or (3) damaging, destroying, altering, deleting, or removing any program or data contained therein in connection with any scheme or artifice to defraud shall be guilty of a felony and shall be subject to the penalties set forth in ¤ 11-52-5. ¤ 11-52-3. INTENTIONAL ACCESS, ALTERATION, DAMAGE OR DESTRUCTION Whoever intentionally and without authorization, directly or indirectly accesses, alters, damages, or destroys any computer, computer system, computer network, computer software, computer program or data contained in such computer, computer system, computer program, or computer network shall be guilty of a felony and shall be subject to the penalties set forth in ¤ 11-52-5. ¤ 11-52-4. COMPUTER THEFT Whoever, 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, computer network, computer software, computer program or data contained in such computer, computer system, computer program or computer network with a value in excess of five hundred dollars ($500) shall be guilty of a felony and shall be subject to the penalties set forth in Section 11- 52-5. If the value is five hundred dollars ($500) or less, then said person shall be guilty of a misdemeanor and may be punishable by imprisonment for a term not exceeding one (1) year, or by a fine of not more than one thousand ($1,000) dollars), or both. ¤ 11-52-7. USE OF FALSE INFORMATION (A) Whoever intentionally or knowingly makes a transmission of false data for the purpose of submitting a claim for payment, or makes, presents or uses or causes to be made, presented, or used any data for the purpose of submitting a claim for payment with knowledge of its falsity and with knowledge that it will be used for such claim of payment shall be guilty of a felony and shall be subject to the penalties set forth in ¤ 11- 52-5. (B) Whoever intentionally or knowingly (1) makes a transmission of false data or (2) makes, presents or uses or causes to be made, presented, or used any data for any other purpose with knowledge of its falsity shall be guilty of a misdemeanor and shall be subject to the penalties set forth in ¤ 11- 52-5. ¤ 11-52-8. TAMPERING WITH COMPUTER SOURCE DOCUMENTS (A) Whoever intentionally or knowingly, conceals, destroys, or alters or intentionally or knowingly causes another to conceal, destroy, or alter any computer source document used for a computer, computer program, computer system or computer network, when computer source document is required to be kept by law, shall be guilty of a felony and shall be subject to the penalties set forth in ¤ 11-52-5. (B) Whoever intentionally or knowingly conceals, destroys, or alters or intentionally or knowingly causes another to conceal, destroy, or alter any computer source document used for a computer, computer program, computer system or computer network, when computer source document is required to be kept by law, with the intent to obstruct an official investigation by any state agency authorized by law to conduct any civil or criminal investigation, shall be guilty of a felony and shall be subject to the penalties set forth in ¤ 11-52-5. PENALTIES: ¤ 11-52-5. PENALTIES (A) Any person who is convicted of an offense which is classified as a felony under this chapter shall be fined not more than five thousand dollars ($5,000) or imprisoned for not more than five (5) years, or both. (B) Any person who is convicted of an offense which is classified as a misdemeanor under this chapter shall be fined not more than five hundred dollars ($500) or imprisoned for not more than one (1) year, or both. VENUE: Not stated. CIVIL REMEDY: ¤ 11-52-6. CIVIL ACTION Any person injured as a result of a violation of this chapter may bring a civil action against the violator for compensatory damages, punitive damages, court costs and for such other relief as the court deems appropriate including reasonable attorneys' fees. CITATION: R.I. Gen. Laws ¤¤ 11-52-1 thru 11-52-8. SOURCE: P.L. 1979, ch. 217; amended, P.L. 1983, ch. 246; P.L. 1989, ch. 71, ¤ 1; P.L. 1989, ch. 136, ¤ 1.