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TUCoPS :: Cyber Law :: minnsota.txt

Minnesota Computer Crime Law





                             MINNESOTA STATUTES 1990
                                CRIMES, CRIMINALS
                           CHAPTER 609.  CRIMINAL CODE
                             CRIMES AGAINST COMMERCE

 609.87 COMPUTER CRIME;  DEFINITIONS.

   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. 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 telecommunications networks.
   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:
   (a) the retail market value of the property or services involved;
   (b) the reasonable repair or replacement cost, whichever is less;  or
   (c) 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.
   Subd. 11. COMPUTER security system.  "COMPUTER security system" means a
        software program or COMPUTER device that:
   (1) is intended to protect the confidentiality and secrecy of data and
 information stored in or accessible through the COMPUTER system;  and
   (2) displays a conspicuous warning to a user that the user is entering a
 secure system or requires a person seeking access to knowingly respond by use
 of an authorized code to the program or device in order to gain access.
   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.

 History:  [1982 c 534 s 1;  1989 c 95 s 2,3;  1989 c 159 s 1;  1990 c 494 s
 3,4]


 609.88 COMPUTER DAMAGE.

   Subdivision 1. Acts.  Whoever does any of the following is guilty of COMPUTER
 damage and may be sentenced as provided in subdivision 2:
   (a) Intentionally and without authorization damages or destroys any COMPUTER,
 COMPUTER system, COMPUTER network, COMPUTER software, or any other property
 specifically defined in section 609.87, subdivision 6;
   (b) Intentionally and without authorization and with intent to injure or
 defraud alters any COMPUTER, COMPUTER system, COMPUTER network, COMPUTER
 software, or any other property specifically defined in section 609.87,
 subdivision 6;  or
   (c) Distributes a destructive COMPUTER program, without authorization and
 with intent to damage or destroy any COMPUTER, COMPUTER system, COMPUTER
 network, COMPUTER software, or any other property specifically defined in
 section 609.87, subdivision 6.
   Subd. 2. Penalty.  Whoever commits COMPUTER damage may be sentenced as
 follows:
   (a) To imprisonment for not more than ten years or to payment of a fine of
 not more than $50,000, or both, if the damage, destruction or alteration
 results in a loss in excess of $2,500, to the owner, or the owner's agent, or
 lessee;
   (b) To imprisonment for not more than five years or to payment of a fine of
 not more than $10,000, or both, if the damage, destruction or alteration
 results in a loss of more than $500, but not more than $2,500 to the owner, or
 the owner's agent or lessee;  or
   (c) In all other cases to imprisonment for not more than 90 days or to
 payment of a fine of not more than $700, or both.

 History:  [1982 c 534 s 2;  1984 c 628 art 3 s 11;  1986 c 444;  1989 c 159 s
 2]



 609.89 COMPUTER THEFT.

   Subdivision 1. Acts.  Whoever does any of the following is guilty of COMPUTER
 theft and may be sentenced as provided in subdivision 2:
   (a) Intentionally and without authorization or claim of right accesses or
 causes to be accessed any COMPUTER, COMPUTER system, COMPUTER network or any
 part thereof for the purpose of obtaining services or property;  or
   (b) Intentionally and without claim of right, and with intent to permanently
 deprive the owner of possession, takes, transfers, conceals or retains
 possession of any COMPUTER, COMPUTER system, or any COMPUTER software or data
 contained in a COMPUTER, COMPUTER system, or COMPUTER network.
   Subd. 2. Penalty.  Anyone who commits COMPUTER theft may be sentenced as
 follows:
   (a) To imprisonment for not more than ten years or to payment of a fine of
 not more than $50,000, or both, if the loss to the owner, or the owner's agent,
 or lessee is in excess of $2,500;  or
   (b) To imprisonment for not more than five years or to 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 $700, or both.

 History:  [1982 c 534 s 3;  1984 c 628 art 3 s 11;  1986 c 444]


 609.891 UNAUTHORIZED COMPUTER ACCESS.

   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 a term of imprisonment of not more than ten years or to
 payment of a fine of not more than $20,000, or both.
   (b) A person who is convicted of a second or subsequent gross misdemeanor
 violation of subdivision 1 is guilty of a felony and may be sentenced under
 paragraph (a).
   Subd. 3. Gross misdemeanor.  (a) A person who violates subdivision 1 in a
 manner that creates a risk to public health and safety is guilty of a gross
 misdemeanor and may be sentenced to imprisonment for a term of not more than
 one year or to payment of a fine of not more than $3,000, or both.
   (b) A person who violates subdivision 1 in a manner that compromises the
 security of data that are protected under section 609.52, subdivision 2,
 clause (8), or are not public data as defined in section 13.02, subdivision 8a,
 is guilty of a gross misdemeanor and may be sentenced under paragraph (a).
   (c) A person who is convicted of a second or subsequent misdemeanor violation
 of subdivision 1 within five years is guilty of a gross misdemeanor and may be
 sentenced under paragraph (a).
   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 $700, or both.

 History:  [1989 c 95 s 4]

 609.892 DEFINITIONS.

   Subdivision 1. Applicability.  The definitions in this section apply to Laws
 1990, sections 1 and 6 to 8.
   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.

 History:  [1990 c 494 s 5]

                             MINNESOTA STATUTES 1990
                               CRIMINAL PROCEDURE
                    CHAPTER 626A.  PRIVACY OF COMMUNICATIONS

 626A.27 DISCLOSURE OF CONTENTS.

   Subdivision 1. Prohibitions.  Except as provided in subdivision 2:
   (1) a person or entity providing an electronic communication service to the
 public must not knowingly divulge to a person or entity the contents of a
 communication while in electronic storage by that service;  and
   (2) a person or entity providing remote computing service to the public must
 not knowingly divulge to a person or entity the contents of any communication
 that is carried or maintained on that service:
   (i) on behalf of, and received by means of electronic transmission from, or
 created by means of COMPUTER processing of communications received by means of
 electronic transmission, from a subscriber or customer of the service;  and
   (ii) solely for the purpose of providing storage or COMPUTER processing
 services to the subscriber or customer, if the provider is not authorized to
 access the contents of any communications for purposes of providing any
 services other than storage or COMPUTER processing.
   Subd. 2. Exceptions.  A person or entity may divulge the contents of a
 communication:
   (1) to an addressee or intended recipient of the communication or an agent of
 the addressee or intended recipient;
   (2) as otherwise authorized in section 626A.02, subdivision 2, paragraph
 (a);  626A.05;  or section 626A.28;
   (3) with the lawful consent of the originator or an addressee or intended
 recipient of the communication, or the subscriber in the case of remote
 computing service;
   (4) to a person employed or authorized or whose facilities are used to
 forward a communication to its destination;
   (5) as may be necessarily incident to the rendition of the service or to the
 protection of the rights or property of the provider of that service;  or
   (6) to a law enforcement agency, if the contents:
   (i) were inadvertently obtained by the service provider;  and
   (ii) appear to pertain to the commission of a CRIME.

 History:  [1988 c 577 s 48,62;  1989 c 336 art 2 s 8]



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