272             1997 Session Laws of Kansas             Ch. 66

An Act concerning crimes, punishment and criminal procedure; relating to certain crimes
involving information and computers; amending K.S.A. 21-3755 and K.S.A. 1996 Supp.
21-3711 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1996 Supp. 21-3711 is hereby amended to read as

Ch. 66             1997 Session Laws of Kansas             273

follows: 21-3711. Making, generating, distributing a false information is
making, generating, distributing or drawing, or causing to be made, gen-
erated, distributed or drawn, any written instrument, electronic data or
entry in a book of account with knowledge that such information falsely
states or represents some material matter or is not what it purports to be,
and with intent to defraud, obstruct the detection of a theft or felony
offense or induce official action.

Making a false information is a severity level 8, nonperson felony.

Sec. 2. K.S.A. 21-3755 is hereby amended to read as follows: 21-
3755. (a) As used in this section, the following words and phrases shall
have the meanings respectively ascribed thereto:

(1) ``Access'' means to approach, instruct, communicate with, store
data in, retrieve data from, or otherwise make use of any resources of a
computer, computer system or computer network.

(2) ``Computer'' means an electronic device which performs work us-
ing programmed instruction and which has one or more of the capabilities
of storage, logic, arithmetic or communication and includes all input,
output, processing, storage, software or communication facilities which
are connected or related to such a device in a system or network.

(3) ``Computer network'' means the interconnection of communica-
tion lines, including microwave or other means of electronic communi-
cation, with a computer through remote terminals, or a complex consist-
ing of two or more interconnected computers.

(4) ``Computer program'' means a series of instructions or statements
in a form acceptable to a computer which permits the functioning of a
computer system in a manner designed to provide appropriate products
from such computer system.

(5) ``Computer software'' means computer programs, procedures and
associated documentation concerned with the operation of a computer
system.

(6) ``Computer system'' means a set of related computer equipment
or devices and computer software which may be connected or uncon-
nected.

(7) ``Financial instrument'' means any check, draft, money order, cer-
tificate of deposit, letter of credit, bill of exchange, credit card, debit card
or marketable security.

(8) ``Property'' includes, but is not limited to, financial instruments,
information, electronically produced or stored data, supporting docu-
mentation and computer software in either machine or human readable
form.

(9) ``Services'' includes, but is not limited to, computer time, data
processing and storage functions and other uses of a computer, computer
system or computer network to perform useful work.

(10) ``Supporting documentation'' includes, but is not limited to, all

274             1997 Session Laws of Kansas             Ch. 66

documentation used in the construction, classification, implementation,
use or modification of computer software, computer programs or data.

(b) (1) Computer crime is:

(1) (A) Intentionally and without authorization gaining or attempting
to gain access to accessing and damaging, modifying, altering, destroying,
copying, disclosing or taking possession of a computer, computer system,
computer network or any other property;

(2) (B) using a computer, computer system, computer network or any
other property for the purpose of devising or executing a scheme or ar-
tifice with the intent to defraud or for the purpose of obtaining money,
property, services or any other thing of value by means of false or fraud-
ulent pretense or representation; or

(3) (C) intentionally exceeding the limits of authorization and dam-
aging, modifying, altering, destroying, copying, disclosing or taking pos-
session of a computer, computer system, computer network or any other
property.

(c) (1) (2) Computer crime which causes a loss of the value of less
than $500 is a class A nonperson misdemeanor.

(2) Computer crime which causes a loss of the value of at least $500
but less than $25,000 is a severity level 9, nonperson felony.

(3) Computer crime which causes a loss of the value of $25,000 or
more is a severity level 7, nonperson felony is a severity level 8, nonperson
felony.

(d) (3) In any prosecution for computer crime, it is a defense that the
property or services were appropriated openly and avowedly under a
claim of title made in good faith.

(c) (1) Computer password disclosure is the unauthorized and inten-
tional disclosure of a number, code, password or other means of access to
a computer or computer network.

(2) Computer password disclosure is a class A nonperson misde-
meanor.

(e) Criminal computer access (d) Computer trespass is intention-
ally, fraudulently and without authorization gaining or attempting to gain
access to accessing or attempting to access any computer, computer sys-
tem, computer network or to any computer software, program, docu-
mentation, data or property contained in any computer, computer system
or computer network. Criminal computer access Computer trespass is a
class A nonperson misdemeanor.

(f) (e) This section shall be part of and supplemental to the Kansas
criminal code.

Sec. 3. K.S.A. 21-3755 and K.S.A. 1996 Supp. 21-3711 are hereby
repealed.

Ch. 66             1997 Session Laws of Kansas             275

Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 7, 1997.