NCJ Number
128780
Date Published
1991
Length
12 pages
Annotation
State computer crime laws are examined in terms of their background and contents, specific features and variations among States, and underlying issues involved.
Abstract
The laws were developed in recognition that a basic principle underlying judicial decisions is that criminal laws are strictly construed against the State and in favor of the individual. Thus, courts will not interpret a statute broadly to cover the circumstances of a particular case to achieve what the legislature probably intended but failed to express precisely; the legislature must specify exactly what they intend to compel or prohibit, using language understandable by the ordinary person. Before State laws were enacted, computer crime was successfully prosecuted under laws concerning embezzlement, larceny, and fraud. The first State computer crime law became effective in 1978, and 49 States now have such laws. The laws typically contain definitions of terms, offenses, elements of offenses, and penalties. Some laws have provisions on venue, civil remedies, and affirmative defenses. Common titles for offenses are access to defraud, access to obtain money, computer fraud, offenses against computer users, offenses against intellectual property, offenses against computer equipment and supplies, unauthorized access, and unauthorized or unlawful computer use. The next decade will test the adequacy of these laws. Reference notes