Subdivision 1. Unauthorized willful disclosure. A person willfully making a disclosure not authorized by this chapter is guilty of a gross misdemeanor.
Subd. 2. Unauthorized computer data access. In addition to the computer crimes provided in sections 609.87 to 609.89, a person who intentionally and without authority attempts to or does penetrate property or a computer program or programs, as defined in section 609.87, containing Department of Revenue data, is guilty of a gross misdemeanor.
Subd. 3. Public employee violations. A willful violation of this chapter by a public employee constitutes just cause for suspension without pay or dismissal of the public employee.
HIST: 1989 c 184 art 1 s 18
Subdivision 1. Definitions. In this section:
Subdivision 1. Applicability. For purposes of sections 609.87 to 609.89, and section 609.891, the terms defined in this section have the meanings given them.
Subd. 2. Access. "Access" means to instruct, communicate with, store data in, or retrieve data from a computer, computer system, or computer network.
Subd. 2a. Authorization. "Authorization" means with the permission of the owner of the computer, computer system, computer network, computer software, or other property. Authorization may be limited by the owner by:
Subd. 3. Computer. "Computer" means an electronic device which performs logical, arithmetic or memory functions by the manipulations of signals, including but not limited to electronic or magnetic impulses.
Subd. 4. Computer system. "Computer system" means related, connected or unconnected, computers and peripheral equipment.
Subd. 5. Computer network. "Computer network" means the interconnection of a communication system with a computer through a remote terminal, or with two or more interconnected computers or computer systems, and includes private and public
Subd. 6. Property. "Property" includes, but is not limited to, electronically processed or produced data and information contained in a computer or computer software in either machine or human readable form.
Subd. 7. Services. "Services" includes but is not limited to, computer time, data processing, and storage functions.
Subd. 8. Computer program. "Computer program" means an instruction or statement or a series of instructions or statements, in a form acceptable to a computer, which directs the functioning of a computer system in a manner designed to provide appropriate products from the computer.
Subd. 9. Computer software. "Computer software" means a computer program or procedures, or associated documentation concerned with the operation of a computer.
Subd. 10. Loss. "Loss" means the greatest of the following:
Subd. 12. Destructive computer program. "Destructive computer program" means a computer program that performs a destructive function or produces a destructive product. A program performs a destructive function if it degrades performance of the affected computer, associated peripherals or
a computer program; disables the computer, associated peripherals or a computer program; or destroys or alters computer programs or data. A program produces a destructive product if it produces unauthorized data, including data that make computer memory space unavailable; results in the unauthorized alteration of data or computer programs; or produces a destructive computer program, including a self-replicating computer program.
HIST: 1982 c 534 s 1; 1989 c 95 s 2,3; 1989 c 159 s 1; 1990 c 494 s 3,4; 1994 c 636 art 2 s 50
Subdivision 1. Acts. Whoever does any of the following is guilty of computer damage and may be sentenced as provided in subdivision 2:
HIST: 1982 c 534 s 2; 1984 c 628 art 3 s 11; 1986 c 444; 1989 c 159 s 2; 1994 c 636 art 2 s 51; 2004 c 228 art 1 s 72
Subdivision 1. Acts. Whoever does any of the following is guilty of computer theft and may be sentenced as provided in subdivision 2:
payment of a fine of not more than $10,000, or both, if the loss to the owner, or the owner's agent, or lessee is more than $500 but not more than $2,500; or
(c) in all other cases to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
HIST: 1982 c 534 s 3; 1984 c 628 art 3 s 11; 1986 c 444; 1994 c 636 art 2 s 52; 2004 c 228 art 1 s 72
Subdivision 1. Crime. A person is guilty of unauthorized computer access if the person intentionally and without authority attempts to or does penetrate a computer security system.
Subd. 2. Felony. (a) A person who violates subdivision 1 in a manner that creates a grave risk of causing the death of a person is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
Subd. 4. Misdemeanor. A person who violates subdivision 1 is guilty of a misdemeanor and may be sentenced to imprisonment for a term of not more than 90 days or to payment of a fine of not more than $1,000, or both.
HIST: 1989 c 95 s 4; 1993 c 326 art 13 s 34; 2004 c 228 art 1 s 72
609.8911 Reporting violations.
A person who has reason to believe that any provision of section 609.88, 609.89, or 609.891 is being or has been violated shall report the suspected violation to the prosecuting authority in the county in which all or part of the suspected violation occurred. A person who makes a report under this section is immune from any criminal or civil liability that otherwise might result from the person's action, if the person is acting in good faith.
HIST: 1994 c 636 art 2 s 53
Subdivision 1. Applicability. The definitions in this section apply to sections 237.73, 609.892, and 609.893.
Subd. 2. Access device. "Access device" means a card, plate, code, account number, or other means of account access that can be used, alone or in conjunction with another access device, to obtain telecommunications service.
Subd. 3. Credit card number. "Credit card number" means the card number appearing on a credit card that is an identification card or plate issued to a person by a supplier of telecommunications service that permits the person to whom the card has been issued to obtain telecommunications service on credit. The term includes the number or description of the card
or plate even if the card or plate itself is not produced when obtaining telecommunications service.
Subd. 4. Telecommunications device. "Telecommunications device" means an instrument, apparatus, equipment mechanism, operating procedure, or code designed or adapted for a particular use and that is intended or can be used in violation of section 609.893. The term includes but is not limited to computer hardware, software, programs, electronic mail system, voice mail system, identification validation system, private branch exchange, or any other means of facilitating telecommunications service.
Subd. 5. Telecommunications provider. "Telecommunications provider" means a person, firm, association, or a corporation, private or municipal, owning, operating, or managing facilities used to provide telecommunications service.
Subd. 6. Telecommunications service. "Telecommunications service" means a service that, in exchange for a pecuniary consideration, provides or offers to provide transmission of messages, signals, facsimiles, or other communication between persons who are physically separated from each other by telephone, telegraph, cable, wire, fiber optic cable, or the projection of energy without physical connection. This term applies when the telecommunications service originates
or ends or both originates and ends in this state.
Subd. 7. Telephone company. "Telephone company" means a telecommunications provider that provides local exchange telecommunications service.
HIST: 1990 c 494 s 5; 1991 c 199 art 1 s 86
Subdivision 1. Obtaining services by fraud. A person commits telecommunications and information services fraud and may be sentenced as provided in subdivision 3 if the person, with intent to evade a lawful charge, obtains telecommunications service for the person's own use by any fraudulent means.
Subd. 2. Facilitation of telecommunications fraud. A person commits a felony and may be sentenced as provided in subdivision 4 who:
to conceal from a provider of telecommunications service or from a lawful authority, the existence or place of origin or destination of telecommunications service.
Subd. 3. Fraud. (a) Whoever commits telecommunications and information services fraud in violation of subdivision 1 may be sentenced as follows:
Subd. 4. Facilitation of fraud. Whoever violates
subdivision 2 is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
HIST: 1990 c 494 s 6; 2004 c 228 art 1 s 72
Subdivision 1. Offense. Except as provided in subdivision 3, whoever:
and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in the electronic storage in a system must be punished as provided in subdivision
Subd. 2. Punishment. The punishment for an offense under subdivision 1 is:
(1) if the offense is committed for purposes of commercial
advantage, malicious destruction or damage, or private commercial gain:
HIST: 1988 c 577 s 47,62; 1989 c 336 art 2 s 8
Subdivision 1. Prohibitions. Except as provided in subdivision 2:
HIST: 1988 c 577 s 48,62; 1989 c 336 art 2 s 8