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TUCoPS :: Cyber Law :: delaware.txt

Delaware Computer Crime Law





                     TITLE 11 CRIMES AND CRIMINAL PROCEDURE
                        PART I .  DELAWARE CRIMINAL CODE

                         CHAPTER 5.  SPECIFIC OFFENSES

      SUBCHAPTER III.  OFFENSES INVOLVING PROPERTY .  SUBPART A.
                         ARSON AND RELATED OFFENSES

                                11 Del. C. @ 931

@ 931.  Definitions.

   As used in this subpart:
      (1) "Access" means to instruct, communicate with, store data
in or     retrieve data from a computer, computer system or
computer network.       (2) "Computer" means a programmable,
electronic device capable of     accepting and processing data.
      (3) "Computer network" means:
          a. A set of related devices connected to a computer by
      communications facilities;
          b. A complex of 2 or more computers, including related
devices, connected by communications facilities; or
          c. The communications transmission facilities and devices
used to interconnect computational equipment, along with control
      mechanisms associated thereto.
      (4) "Computer program" means a set of instructions,
statements or related data that, in actual or modified form, is
capable of causing a  computer or computer system to perform
specified functions.
      (5) "Computer services" includes, but is not limited to,
computer access, data processing and data storage.
      (6) "Computer software" means 1 or more computer programs,
existing in any form, or any associated operational procedures,
manuals or other documentation.
      (7) "Computer system" means a computer, its software, related
   equipment and communications facilities, if any, and includes
computer networks.
      (8) "Data" means information of any kind in any form,
including computer software.
      (9) "Person" means a natural person, corporation, trust,
partnership, incorporated or unincorporated association and any
other legal or governmental entity, including any state or
municipal entity or public official.
      (10) "Private personal data" means data concerning a natural
person which a reasonable person would want to keep private and
which is protectable under law.
      (11) "Property" means anything of value, including data.


                     TITLE 11 CRIMES AND CRIMINAL PROCEDURE
                        PART I .  DELAWARE CRIMINAL CODE

                         CHAPTER 5.  SPECIFIC OFFENSES

      SUBCHAPTER III.  OFFENSES INVOLVING PROPERTY .  SUBPART A.
                    ARSON AND RELATED OFFENSES

                                11 Del. C. @ 932

@ 932.  Unauthorized access.

   A person is guilty of the computer crime of unauthorized access
to a computer system when, knowing that he is not authorized to do
so, he accesses or causes to be accessed any computer system
without authorization.


                     TITLE 11 CRIMES AND CRIMINAL PROCEDURE
                        PART I .  DELAWARE CRIMINAL CODE

                         CHAPTER 5.  SPECIFIC OFFENSES

      SUBCHAPTER III.  OFFENSES INVOLVING PROPERTY .  SUBPART A.
                    ARSON AND RELATED OFFENSES

                                11 Del. C. @ 933

@ 933.  Theft of computer services.

   A person is guilty of the computer crime of theft of computer
services when he accesses or causes to be accessed or otherwise
uses or causes to be used a computer system with the intent to
obtain unauthorized computer services, computer software or data.



                     TITLE 11 CRIMES AND CRIMINAL PROCEDURE
                        PART I .  DELAWARE CRIMINAL CODE

                         CHAPTER 5.  SPECIFIC OFFENSES

      SUBCHAPTER III.  OFFENSES INVOLVING PROPERTY .  SUBPART A.
                          ARSON AND RELATED OFFENSES

                                11 Del. C. @ 934

@ 934.  Interruption of computer services.

   A person is guilty of the computer crime of interruption of
computer services when that person, without authorization,
intentionally or recklessly disrupts or degrades or causes the
disruption or degradation of computer services or denies or causes
the denial of computer services to an authorized user of a computer
system.


                     TITLE 11 CRIMES AND CRIMINAL PROCEDURE
                        PART I .  DELAWARE CRIMINAL CODE
                         CHAPTER 5.  SPECIFIC OFFENSES

      SUBCHAPTER III.  OFFENSES INVOLVING PROPERTY .  SUBPART A.
                          ARSON AND RELATED OFFENSES

                                11 Del. C. @ 935

@ 935.  Misuse of computer system information.

   A person is guilty of the computer crime of misuse of computer
system information when:
      (1) As a result of his accessing or causing to be accessed a
   computer system, he intentionally makes or causes to be made an
   unauthorized display, use, disclosure or copy, in any form, of
data residing in, communicated by or produced by a computer system;
     (2) That person intentionally or recklessly and without
authorization:
          a. Alters, deletes, tampers with, damages, destroys or
takes data intended for use by a computer system, whether residing
       within or external to a computer system; or
          b. Interrupts or adds data to data residing within a
computer system;
      (3) That person knowingly receives or retains data obtained
in violation of subdivision (1) or (2) of this section; or
(4) That person uses or discloses any data which that person knows
   or believes was obtained in violation of subdivision (1) or (2)
of this section.


                     TITLE 11 CRIMES AND CRIMINAL PROCEDURE
                        PART I .  DELAWARE CRIMINAL CODE

                         CHAPTER 5.  SPECIFIC OFFENSES

      SUBCHAPTER III.  OFFENSES INVOLVING PROPERTY .  SUBPART A.
                            ARSON AND RELATED OFFENSES

                                11 Del. C. @ 936

@ 936.  Destruction of computer equipment.

   A person is guilty of the computer crime of destruction of
computer equipment when that person, without authorization,
intentionally or recklessly tampers with, takes, transfers,
conceals, alters, damages or destroys any equipment used in a
computer system or intentionally or recklessly causes any of the
foregoing to occur.


                     TITLE 11 CRIMES AND CRIMINAL PROCEDURE
                        PART I .  DELAWARE CRIMINAL CODE

                         CHAPTER 5.  SPECIFIC OFFENSES

      SUBCHAPTER III.  OFFENSES INVOLVING PROPERTY .  SUBPART A.
                         ARSON AND RELATED OFFENSES

                                11 Del. C. @ 937

@ 937.  Penalties [Amendment effective with respect to crimes
committed June 30, 1990, or thereafter].

   (a) A person committing any of the crimes described in @@
932-936 of this title is guilty in the first degree when the damage
to or the value of the property or computer services affected
exceeds $ 10,000.

   Computer crime in the first degree is a class D felony.
   (b) A person committing any of the crimes described in @@
932-936 of this title is guilty in the second degree when the
damage to or the value of the property or computer services
affected exceeds $ 5,000.

   Computer crime in the second degree is a class E felony.
   (c) A person committing any of the crimes described in @@
932-936 of this title is guilty in the third degree when:
      (1) The damage to or the value of the property or computer
services affected exceeds $ 1,000; or
      (2) That person engages in conduct which creates a risk of
serious physical injury to another person.

   Computer crime in the third degree is a class F felony.

   (d) A person committing any of the crimes described in @@
932-936 of this title is guilty in the fourth degree when the
damage to or the value of the property or computer services
affected exceeds $ 500.

   Computer crime in the fourth degree is a class G felony.
   (e) A person committing any of the crimes described in @@
932-936 of this title is guilty in the fifth degree when the damage
to or the value of the property or computer services, if any, is $
500 or less.

   Computer crime in the fifth degree is a class A misdemeanor.
   (f) Any person gaining money, property services or other
consideration through the commission of any offense under this
subpart, upon conviction, in lieu of having a fine imposed, may be
sentenced by the court 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.
   (g) Amounts included in violations of this subpart committed
pursuant to 1 scheme or course of conduct, whether from the same
person or several persons, may be aggregated in determining the
degree of the crime.

   (h) For the purposes of this subpart, 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 this subpart,
the cost of reproducing or replacing the property or computer
services at the time of the violation.

   When the value of the property or computer services or damage
thereto cannot be satisfactorily ascertained, the value shall be
deemed to be $ 250.
   (i) Notwithstanding this section, the value of private personal
data shall be deemed to be $ 500.



                     TITLE 11 CRIMES AND CRIMINAL PROCEDURE
                        PART I .  DELAWARE CRIMINAL CODE

                         CHAPTER 5.  SPECIFIC OFFENSES

      SUBCHAPTER III.  OFFENSES INVOLVING PROPERTY .  SUBPART A.
                         ARSON AND RELATED OFFENSES

                                11 Del. C. @ 938

@ 938.  Venue.

   (a) In any prosecution for any violation of @@ 932-936 of this
title, the offense shall be deemed to have been committed in the
place at which the act occurred or in which the computer system or
part thereof involved in the violation was located.

   (b) In any prosecution for any violation of @@ 932-936 of this
title based upon more than 1 act in violation thereof, the offense
shall be deemed to have been committed in any of the places at
which any of the acts occurred or in which a computer system or
part thereof involved in a violation was located.
   (c) If any act performed in furtherance of the offenses set out
in @@ 932-936 of this title occurs in this State or in any computer
system or part thereof accessed in violation of @@ 932-936 of this
title is located in this State, the offense shall be deemed to have
occurred in this State.


                     TITLE 11 CRIMES AND CRIMINAL PROCEDURE
                        PART I .  DELAWARE CRIMINAL CODE

                         CHAPTER 5.  SPECIFIC OFFENSES

      SUBCHAPTER III.  OFFENSES INVOLVING PROPERTY .  SUBPART A.
                          ARSON AND RELATED OFFENSES

                                11 Del. C. @ 939

@ 939.  Remedies of aggrieved persons.

   (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 @@ 932-936 of this title
may bring an action against such person and may apply to the Court
of Chancery for: (i) An order temporarily or permanently
restraining and enjoining the commencement or continuance of such
act or acts; (ii) an order directing restitution; or (iii) 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 this subpart 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 @@ 932-936 of
this title, 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.
   (b) The Court may award the relief applied for or such other
relief as it may deem appropriate in equity.

   (c) Independent of or in conjunction with an action under
subsection (a) of this section, any person who suffers any injury
to person, business or property may bring an action for damages
against a person who is alleged to have violated any provision of
@@ 932-936 of this title. The aggrieved person shall recover actual
damages and damages for unjust enrichment not taken into account in
computing damages for actual loss and treble damages where there
has been a showing of wilful and malicious conduct.

   (d) Proof of pecuniary loss is not required to establish actual
damages in connection with an alleged violation of @ 935 of this
title arising from misuse of private personal data.

   (e) In any civil action brought under this section, the Court
shall award to any aggrieved person who prevails reasonable costs
and reasonable attorney's fees.

   (f) The filing of a criminal action against a person is not a
prerequisite to the bringing of a civil action under this section
against such person.
   (g) No civil action under this section may be brought but within
3 years from the date the alleged violation of @@ 932-936 of this
title is discovered or should have been discovered by the exercise
of reasonable diligence. 



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