Sec. 52-570b. Action for computer-related offenses. (a) Any aggrieved person who has reason to believe that any other person has been engaged, is engaged or is about to engage in an alleged violation of any provision of section 53a-251 may bring an action against such person and may apply to the Superior Court for: (1) An order temporarily or permanently restraining and enjoining the commencement or continuance of such act or acts; (2) an order directing restitution; or (3) an order directing the appointment of a receiver. Subject to making due provisions for the rights of innocent persons, a receiver shall have the power to sue for, collect, receive and take into his possession any property which belongs to the person who is alleged to have violated any provision of section 53a251 and which may have been derived by, been used in or aided in any manner such alleged violation. Such property shall include goods and chattels, rights and credits, moneys and effects, books, records, documents, papers, choses in action, bills, notes and property of every description including all computer system equipment and data, and including property with which such property has been commingled if it cannot be identified in kind because of such commingling. The receiver shall also have the power to sell, convey and assign all of the foregoing and hold and dispose of the proceeds thereof under the direction of the court. Any person who has suffered damages as a result of an alleged violation of any provision of section 53a-251, and submits proof to the satisfaction of the court that he has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent he has sustained out-of-pocket losses. The court shall have jurisdiction of all questions arising in such proceedings and may make such orders and judgments therein as may be required.
(P.A. 84-206, S. 13.)
See Sec. 53-452 re civil action for computer crimes.
Cited. 49 CA 582.
Sec. 53a-250. Definitions. For the purposes of this part and section 52-570b:
(11) "Property" means anything of value, including data.
(P.A. 84-206, S. 1; P.A. 95-79, S. 183, 189.)
History: P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995.
See Sec. 53-451 re computer crimes.
Sec. 53a-251. Computer crime. (a) Defined. A person commits computer crime when he violates any of the provisions of this section.
(P.A. 84-206, S. 2.)
See Sec. 53-451 re computer crimes.
See Sec. 53a-301 re computer crime in furtherance of terrorist purposes.
Cited. 49 CA 582.
Sec. 53a-252. Computer crime in the first degree: Class B felony. (a) A person is guilty of computer crime in the first degree when he commits computer crime as defined in section 53a-251 and the damage to or the value of the property or computer services exceeds ten thousand dollars.
(b) Computer crime in the first degree is a class B felony.
(P.A. 84-206, S. 3.)
Sec. 53a-253. Computer crime in the second degree: Class C felony. (a) A person is guilty of computer crime in the second degree when he commits computer crime as defined in section 53a-251 and the damage to or the value of the property or computer services exceeds five thousand dollars.
(b) Computer crime in the second degree is a class C felony.
(P.A. 84-206, S. 4.)
Sec. 53a-254. Computer crime in the third degree: Class D felony. (a) A person is guilty of computer crime in the third degree when he commits computer crime as defined in section 53a-251 and (1) the damage to or the value of the property or computer services exceeds one thousand dollars or (2) he recklessly engages in conduct which creates a risk of serious physical injury to another person.
(b) Computer crime in the third degree is a class D felony.
(P.A. 84-206, S. 5.)
Sec. 53a-255. Computer crime in the fourth degree: Class A misdemeanor. (a) A person is guilty of computer crime in the fourth degree when he commits computer crime as defined in section 53a-251 and the damage to or the value of the property or computer services exceeds five hundred dollars.
(b) Computer crime in the fourth degree is a class A misdemeanor.
(P.A. 84-206, S. 6.)
Sec. 53a-256. Computer crime in the fifth degree: Class B misdemeanor. (a) A person is guilty of computer crime in the fifth degree when he commits computer crime as defined in section 53a-251 and the damage to or the value of the property or computer services, if any, is five hundred dollars or less.
(b) Computer crime in the fifth degree is a class B misdemeanor.
(P.A. 84-206, S. 7.)
Sec. 53a-257. Alternative fine based on defendant's gain. If a person has gained money, property or services or other consideration through the commission of any offense under section 53a-251, upon conviction thereof the court, in lieu of imposing a fine, may sentence the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant's gain from the commission of such offense. In such case the court shall make a finding as to the amount of the defendant's gain from the offense and, if the record does not contain sufficient evidence to support such a finding, the court may conduct a hearing upon the issue. For the purpose of this section, "gain" means the amount of money or the value of property or computer services or other consideration derived.
(P.A. 84-206, S. 8.)
Sec. 53a-258. Determination of degree of crime. Amounts included in violations of section 53a-251 committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the degree of the crime.
(P.A. 84-206, S. 9.)
Sec. 53a-259. Value of property or computer services. (a) For the purposes of this part and section 52-570b, the value of property or computer services shall be: (1) The market value of the property or computer services at the time of the violation; or (2) if the property or computer services are unrecoverable, damaged or destroyed as a result of a violation of section 53a-251, the cost of reproducing or replacing the property or computer services at the time of the violation.
(P.A. 84-206, S. 10.)
Sec. 53a-260. Location of offense. (a) In any prosecution for a violation of section 53a-251, the offense shall be deemed to have been committed in the town in which the act occurred or in which the computer system or part thereof involved in the violation was located.
(b) In any prosecution for a violation of section 53a-251 based upon more than one act in violation thereof, the offense shall be deemed to have been committed in any of the towns in which any of the acts occurred or in which a computer system or part thereof involved in a violation was located.
(P.A. 84-206, S. 11.)
b Sec. 53a-261. Jurisdiction. If any act performed in furtherance of the offenses set out in section 53a-251 occurs in this state or if any computer system or part thereof accessed in violation of section 53a-251 is located in this state, the offense shall be deemed to have occurred in this state.
(P.A. 84-206, S. 12.)