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10  AN ACT concerning crimes, punishment and criminal procedure; relating
11    to certain crimes involving information and computers; amending
12    K.S.A. 21-3755 and K.S.A. 1996 Supp. 21-3711 and repealing the ex-
13    isting sections.
14
15  Be it enacted by the Legislature of the State of Kansas:
16    Section 1.  K.S.A. 1996 Supp. 21-3711 is hereby amended to read as
17  follows: 21-3711. Making, generating, distributing a false information is
18  making, generating, distributing or drawing, or causing to be made, gen-
19  erated, distributed or drawn, any written instrument, electronic data or
20  entry in a book of account with knowledge that such information falsely
21  states or represents some material matter or is not what it purports to be,
22  and with intent to defraud, obstruct the detection of a theft or felony
23  offense or induce official action.
24    Making a false information is a severity level 8, nonperson felony.
25    Sec. 2.  K.S.A. 21-3755 is hereby amended to read as follows: 21-
26  3755. (a) As used in this section, the following words and phrases shall
27  have the meanings respectively ascribed thereto:
28    (1)  ``Access'' means to approach, instruct, communicate with, store
29  data in, retrieve data from, or otherwise make use of any resources of a
30  computer, computer system or computer network.
31    (2)  ``Computer'' means an electronic device which performs work us-
32  ing programmed instruction and which has one or more of the capabilities
33  of storage, logic, arithmetic or communication and includes all input,
34  output, processing, storage, software or communication facilities which
35  are connected or related to such a device in a system or network.
36    (3)  ``Computer network'' means the interconnection of communica-
37  tion lines, including microwave or other means of electronic communi-
38  cation, with a computer through remote terminals, or a complex consist-
39  ing of two or more interconnected computers.
40    (4)  ``Computer program'' means a series of instructions or statements
41  in a form acceptable to a computer which permits the functioning of a
42  computer system in a manner designed to provide appropriate products
43  from such computer system.
HB 2058--Am.
                                     

 1    (5)  ``Computer software'' means computer programs, procedures and
 2  associated documentation concerned with the operation of a computer
 3  system.
 4    (6)  ``Computer system'' means a set of related computer equipment
 5  or devices and computer software which may be connected or uncon-
 6  nected.
 7    (7)  ``Financial instrument'' means any check, draft, money order, cer-
 8  tificate of deposit, letter of credit, bill of exchange, credit card, debit card
 9  or marketable security.
10    (8)  ``Loss'' includes the fair market value of any services used and any
11  expenditure reasonably and necessarily incurred to verify that a com-
12  puter, computer network, computer program or data was or was not al-
13  tered, deleted, damaged or destroyed by unauthorized use.
14    (8) (9) (8)  ``Property'' includes, but is not limited to, financial instru-
15  ments, information, electronically produced or stored data, supporting
16  documentation and computer software in either machine or human read-
17  able form.
18    (9) (10) (9)  ``Services'' includes, but is not limited to, computer time,
19  data processing and storage functions and other uses of a computer, com-
20  puter system or computer network to perform useful work.
21    (10) (11) (10)  ``Supporting documentation'' includes, but is not lim-
22  ited to, all documentation used in the construction, classification, imple-
23  mentation, use or modification of computer software, computer programs
24  or data.
25    (b) (1)  Computer crime is:
26    (1) (A)  Intentionally and without authorization gaining or attempting
27  to gain access to accessing or attempting to access and damaging, modi-
28  fying, altering, destroying, copying, disclosing or taking possession of a
29  computer, computer system, computer network or any other property;
30    (2) (B)  using a computer, computer system, computer network or any
31  other property for the purpose of devising or executing a scheme or ar-
32  tifice with the intent to defraud or for the purpose of obtaining money,
33  property, services or any other thing of value by means of false or fraud-
34  ulent pretense or representation; or
35    (3) (C)  intentionally exceeding the limits of authorization and dam-
36  aging, modifying, altering, destroying, copying, disclosing or taking pos-
37  session of a computer, computer system, computer network or any other
38  property.
39    (c) (1) (2) (A)  Computer crime which causes a loss of the value of
40  less than $500 is a class A nonperson misdemeanor.
41    (2) (B)  Computer crime which causes a loss of the value of at least
42  $500 but less than $25,000 is a severity level 9, nonperson felony.
43    (3) (C)  Computer crime which causes a loss of the value of $25,000
HB 2058--Am.
                                     

 1  or more is a severity level 7, nonperson felony. is a severity level 8,
 2  nonperson felony.
 3    (d) (3)  In any prosecution for computer crime, it is a defense that the
 4  property or services were appropriated openly and avowedly under a
 5  claim of title made in good faith.
 6    (c) (1)  Computer password disclosure is the unauthorized and in-
 7  tentional disclosure of a number, code, password or other means of access
 8  to a computer or computer network, knowing that the disclosure is with-
 9  out authority, when the disclosure causes a loss of the value of at least
10  $500.
11    (2)  Computer password disclosure is a class A nonperson misde-
12  meanor.
13    (e)  Criminal computer access (d)  Computer trespass is intention-
14  ally, fraudulently and without authorization gaining or attempting to gain
15  access to accessing or attempting to access any computer, computer sys-
16  tem, computer network or to any computer software, program, docu-
17  mentation, data or property contained in any computer, computer system
18  or computer network. Criminal computer access Computer trespass is a
19  class A nonperson misdemeanor.
20    (f) (e)  This section shall be part of and supplemental to the Kansas
21  criminal code.
22    Sec. 3.  K.S.A. 21-3755 and K.S.A. 1996 Supp. 21-3711 are hereby
23  repealed.
24    Sec. 4.  This act shall take effect and be in force from and after its
25  publication in the statute book.