§ 4102. Unauthorized access.
A person who knowingly and intentionally and without lawful authority, accesses 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 imprisoned not more than six months or fined not more than $500.00, or
both.
Added 1999, No. 35, § 1.
§ 4103. Access to computer for fraudulent purposes.
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(a)
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A person shall not intentionally and without lawful authority access or cause to be
accessed any computer, computer system, or computer network for any of the following
purposes:
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(1)
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executing any scheme or artifice to defraud;
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(2)
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obtaining money, property, or services by means of false or fraudulent pretenses,
representations, or promises; or
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(3)
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in connection with any scheme or artifice to defraud, damaging, destroying, altering,
deleting, copying, retrieving, interfering with or denial of access to, or removing any
program or data contained therein.
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(b)
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Penalties. A person convicted of the crime of access to computer for fraudulent
purposes shall be,
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(1)
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if the value of the matter involved does not exceed $500.00, imprisoned not more than
one year or fined not more than $500.00, or both;
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(2)
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if the value of the matter involved does not exceed $500.00, for a second or
subsequent offense, imprisoned not more than two years or fined not more than
$1,000.00, or both; or
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(3)
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if the value of the matter involved exceeds $500.00, imprisoned not more than ten
years or fined not more than $10,000.00, or both.
Added 1999, No. 35, § 1.
§ 4104. Alteration, damage, or interference.
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(a)
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A person shall not intentionally and without lawful authority, alter, damage, or interfere with the operation of any computer, computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer network.
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(b)
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Penalties. A person convicted of violating this section shall be,
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(1)
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if the damage or loss does not exceed $500.00 for a first offense, imprisoned not more than one year or fined not more than $500.00, or both;
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(2)
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if the damage or loss does not exceed $500.00 for a second or subsequent offense, imprisoned not more than two years or fined not more than $1,000.00, or both; or
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(3)
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if the damage or loss exceeds $500.00, imprisoned not more than ten years or fined not more than $10,000.00, or both. Added 1999, No. 35, § 1
§ 4105. Theft or destruction.
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(a)
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A person shall not intentionally and without claim of right deprive the owner of possession, take, transfer, copy, conceal, or retain possession of, or intentionally and without lawful authority, destroy any computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer network.
Copying a commercially available computer program or computer software is not a crime under this section, provided that the computer program and computer software has a retail value of $500.00 or less and is not copied for resale.
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(b)
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Penalties. A person convicted of violating this section shall be,
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(1)
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if the damage or loss does not exceed $500.00 for a first offense, imprisoned not more
than one year or fined not more than $500.00, or both;
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(2)
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if the damage or loss does not exceed $500.00 for a second or subsequent offense,
imprisoned not more than two years or fined not more than $1,000.00 or both; or
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(3)
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if the damage or loss exceeds $500.00, imprisoned not more than ten years or fined
not more than $10,000.00, or both.
Added 1999, No. 35, § 1.
§ 4106. Civil liability. A person damaged as a result of a violation of this chapter may bring a civil action against the violator for damages and such other relief as the court deems appropriate. Added 1999, No. 35, § 1. § 4107. Venue. For the purposes of venue under this chapter, any violation of this chapter shall be considered to have been committed in the state of Vermont if the state of Vermont is the state from which or to which any use of a computer or computer network was made, whether by wires, electromagnetic waves, microwaves, or any other means of communication. Added 1999, No. 35, § 1.