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TUCoPS :: Cyber Law :: iowa.txt

Iowa Computer Crime Law





                               CODE OF IOWA 1989
                            TITLE XXXV  CRIMINAL LAW
                          CHAPTER 716A  COMPUTER CRIME
                           Iowa Code @ 716A.1 (1989)

716A.1  Definitions

   As used in this chapter, unless the context otherwise requires:
   1.  "Access" means to instruct, communicate with, store data in,
or retrieve data from a computer, computer system, or computer
network.
   2.  "Computer" means an electronic device which performs
logical, arithmetical, and memory functions by manipulations of
electronic or magnetic impulses, and includes all input, output,
processing, storage, computer software, and communication
facilities which are connected or related to the computer in a
computer system or computer network.

   3.  "Computer system" means related, connected or unconnected,
computers or peripheral equipment.

   4.  "Computer network" means a set of related, remotely
connected devices and communication facilities including two or
more computers with capability to transmit data among them through
communication facilities.

   5.  "Computer program" means an ordered set of instructions or
statements that, when executed by a computer, causes the computer
to process data.
   6.  "Computer software" means a set of computer programs,
procedures, or associated documentation used in the operation of a
computer.
   7.  "Data" means a representation of information, knowledge,
facts, concepts or instructions that has been prepared or is being
prepared in a formalized manner and has been processed, or is
intended to be processed in a computer. Data may be in any form
including, but not limited to, printouts, magnetic storage media,
punched cards and as stored in the memory of a computer.
   8.  "Property" means anything of value as defined in section
702.14, including but not limited to computers and computer data,
information, software, and programs.

   9.  "Services" means the use of a computer, computer system, or
computer network and includes, but is not limited to, computer
time, data processing, and storage functions.

   10.  "Loss of property" means the greatest of the following:
   a.  The retail value of the property involved.

   b.  The reasonable replacement or repair cost, whichever is
less.
   11.  "Loss of services" means the reasonable value of the damage
created by the unavailability or lack of utility of the property or
services involved until repair or replacement can be effected.



                               CODE OF IOWA 1989
                            TITLE XXXV  CRIMINAL LAW
                          CHAPTER 716A  COMPUTER CRIME
                           Iowa Code @ 716A.2 (1989)

716A.2  Unauthorized access

   A person who knowingly and without authorization accesses a
computer, computer system, or computer network commits a simple
misdemeanor.


                               CODE OF IOWA 1989
                            TITLE XXXV  CRIMINAL LAW
                          CHAPTER 716A  COMPUTER CRIME
                           Iowa Code @ 716A.3 (1989)

716A.3  Computer damage defined

   A person commits computer damage when the person knowingly and
without authorization damages or destroys a computer, computer
system, computer network, computer software, computer program, or
any other property as defined in section 716A.1, subsection 8, or
knowingly and without authorization and with the intent to injure
or defraud alters any computer, computer system, computer network,
computer software, computer program, or any other property as
defined in section 716A.1, subsection 8.



                               CODE OF IOWA 1989
                            TITLE XXXV  CRIMINAL LAW
                          CHAPTER 716A  COMPUTER CRIME
                           Iowa Code @ 716A.4 (1989)

716A.4  Computer damage in the first degree

   Computer damage is computer damage in the first degree when the
damage results in a loss of property or services of more than five
thousand dollars. Computer damage in the first degree is a class
"C" felony.



                               CODE OF IOWA 1989
                            TITLE XXXV  CRIMINAL LAW
                          CHAPTER 716A  COMPUTER CRIME
                           Iowa Code @ 716A.5 (1989)

716A.5  Computer damage in the second degree
   Computer damage is computer damage in the second degree when the
damage results in a loss of property or services of more than five
hundred dollars but not more than five thousand dollars.  Computer
damage in the second degree is a class "D" felony.



                               CODE OF IOWA 1989
                            TITLE XXXV  CRIMINAL LAW
                          CHAPTER 716A  COMPUTER CRIME
                           Iowa Code @ 716A.6 (1989)

716A.6  Computer damage in the third degree

   Computer damage is computer damage in the third degree when the
damage results in a loss of property or services of more than one
hundred dollars but not more than five hundred dollars.  Computer
damage in the third degree is an aggravated misdemeanor.


                               CODE OF IOWA 1989
                            TITLE XXXV  CRIMINAL LAW
                          CHAPTER 716A  COMPUTER CRIME
                           Iowa Code @ 716A.7 (1989)

716A.7  Computer damage in the fourth degree

   Computer damage is computer damage in the fourth degree when the
damage results in a loss of property or services of more than fifty
dollars but not more than one hundred dollars.  Computer damage in
the fourth degree is a serious misdemeanor.



                               CODE OF IOWA 1989
                            TITLE XXXV  CRIMINAL LAW
                          CHAPTER 716A  COMPUTER CRIME
                           Iowa Code @ 716A.8 (1989)

716A.8  Computer damage in the fifth degree

   Computer damage is computer damage in the fifth degree when the
damage results in a loss of property or services of not more than
fifty dollars. Computer damage in the fifth degree is a simple
misdemeanor.


                               CODE OF IOWA 1989
                            TITLE XXXV  CRIMINAL LAW
                          CHAPTER 716A  COMPUTER CRIME
                           Iowa Code @ 716A.9 (1989)

716A.9  Computer theft defined

   A person commits computer theft when the person knowingly and
without authorization accesses or causes to be accessed a computer,
computer system, or computer network, or any part thereof, for the
purpose of obtaining services, information or property or knowingly
and without authorization and with the intent to permanently
deprive the owner of possession, takes, transfers, conceals or
retains possession of a computer, computer system, or computer
network or any computer software or program, or data contained in
a computer, computer system, or computer network.



                               CODE OF IOWA 1989
                            TITLE XXXV  CRIMINAL LAW
                          CHAPTER 716A  COMPUTER CRIME
                           Iowa Code @ 716A.10 (1989)

716A.10  Computer theft in the first degree

   Computer theft is computer theft in the first degree when the
theft involves or results in a loss of services or property of more
than five thousand dollars. Computer theft in the first degree is
a class "C" felony.


                               CODE OF IOWA 1989
                            TITLE XXXV  CRIMINAL LAW
                          CHAPTER 716A  COMPUTER CRIME
                           Iowa Code @ 716A.11 (1989)

716A.11  Computer theft in the second degree

   Computer theft is computer theft in the second degree when the
theft involves or results in a loss of services or property of more
than five hundred dollars but not more than five thousand dollars.
Computer theft in the second degree is a class "D" felony.



                               CODE OF IOWA 1989
                            TITLE XXXV  CRIMINAL LAW
                          CHAPTER 716A  COMPUTER CRIME
                           Iowa Code @ 716A.12 (1989)

716A.12  Computer theft in the third degree

   Computer theft is computer theft in the third degree when the
theft involves or results in a loss of services or property of more
than one hundred dollars but not more than five hundred dollars.
Computer theft in the third degree is an aggravated misdemeanor.



                               CODE OF IOWA 1989
                            TITLE XXXV  CRIMINAL LAW
                          CHAPTER 716A  COMPUTER CRIME
                           Iowa Code @ 716A.13 (1989)

716A.13  Computer theft in the fourth degree

   Computer theft is computer theft in the fourth degree when the
theft involves or results in a loss of services or property of more
than fifty dollars but not more than one hundred dollars.  Computer
theft in the fourth degree is a serious misdemeanor.



                               CODE OF IOWA 1989
                            TITLE XXXV  CRIMINAL LAW
                          CHAPTER 716A  COMPUTER CRIME
                           Iowa Code @ 716A.14 (1989)

716A.14  Computer theft in the fifth degree

   Computer theft is computer theft in the fifth degree when the
theft involves or results in a loss of services or property of not
more than fifty dollars. Computer theft in the fifth degree is a
simple misdemeanor.

                               CODE OF IOWA 1989
                            TITLE XXXV  CRIMINAL LAW
                          CHAPTER 716A  COMPUTER CRIME
                           Iowa Code @ 716A.15 (1989)

716A.15  Chapter not exclusive

   This chapter does not preclude the applicability of any other
provision of the law of this state which is not inconsistent with
this chapter and which applies or may apply to an act or
transaction in violation of this chapter.


                               CODE OF IOWA 1989
                            TITLE XXXV  CRIMINAL LAW
                          CHAPTER 716A  COMPUTER CRIME
                           Iowa Code @ 716A.16 (1989)

716A.16  Printouts admissible as evidence

   In a prosecution under this chapter, computer printouts shall be
admitted as evidence of any computer software, program, or data
contained in or taken from a computer, notwithstanding an
applicable rule of evidence to the contrary.



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