(A) A person shall not utilize a computer program, computer, computer system, or computer network to commit a crime.
(B) A person shall not intentionally access or cause access to be made to a computer program, computer, computer system, or computer network to devise or execute a scheme or artifice with the intent to defraud or to obtain money, property, or a service by a false or fraudulent pretense, representation, or promise.
(C) A person shall not intentionally and without authorization or be exceeding valid authorization do any of the following:
(1) Access or cause access to be made to a computer program, computer, computer system, or computer network to acquire, alter, damage, delete, or destroy property or otherwise use the service of a computer program, computer, computer system, or computer network.
(2) Insert or attach or knowingly create the opportunity for an unknowing and unwanted insertion or attachment of a set of instructions or a computer program into a computer program, computer, computer system, or computer network, that is intended to acquire, alter, damage, delete, disrupt, or destroy property or otherwise use the services of a computer program, computer, computer system, or computer network. This subdivision does not prohibit conduct protected under section 5 of article I of the State Constitution of 1963 or under the First Amendment of the Constitution of the United States.
(D) A person who violates this section is guilty of misdemeanor if the violation involves an aggregate amount of less than $200, punishable by imprisonment for not more than 93 days or a fine of not more than $500 or three times the aggregate amount, whichever is greater, or both imprisonment and a fine.
(E) It is a rebuttable presumption that the person did not have authorization from the owner, system operator, or other person who has authority from the owner or system operator to grant permission to access the computer program, computer, computer system, or computer network or has exceeded authorization unless one or more of the following circumstances existed at the time of access:
(1) Written or oral permission was granted by the owner, system operator, or other person who has authority from the owner or system operator to grant permission of the accessed computer program, computer, computer system, or computer network.
(2) The accessed computer program, computer, computer system, or computer network had a pre-programmed access procedure that would display a bulletin, command, or other message before access was achieved that a reasonable person would believe identified the computer program, computer, computer system, or computer network as within the public domain.
(3) Access was achieved without the use of a set of instructions, code, or computer program that bypasses, defrauds, or otherwise circumvents the pre-programmed access procedure for the computer program, computer, computer system, or computer network.
(F) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS. To instruct, communicate with, store data in, retrieve or intercept data from, or otherwise use the resources of a computer program, computer, computer system, or computer network.
AGGREGATE AMOUNT. Any direct or indirect loss incurred by a victim including, but not limited to, the value of any money, property or service lost, stolen, or rendered unrecoverable by the offense, or any actual expenditure incurred by the victim to verify that a computer program, computer, computer system, or computer network was not altered, acquired, damaged, deleted, disrupted, or destroyed by the access.
COMPUTER. Any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program, or other instructions to perform specific operations including logical, arithmetic, or memory functions with or on computer data or a computer program and that can store, retrieve, alter, or communicate the results of the operations to a person, computer program, computer system, or computer network.
COMPUTER NETWORK. The interconnection of hardwire or wireless communication lines with a computer through remote terminals, or a complex consisting of two or more interconnected computers.
COMPUTER SYSTEM. A set of related, connected or unconnected, computer equipment devices, software, or hardware.
DEVICE. An electronic, magnetic, electrochemical, biochemical, hydraulic, optical, or organic object that performs input, output, or storage functions by the manipulation of electronic, magnetic, or other impulses.
PROPERTY. Intellectual property, computer data, instructions or programs in either machine or human readable form, financial instruments or information, medical information, restricted personal information, or any other tangible or intangible item of value.
SERVICES. Computer time, data processing, storage functions, computer memory, or the unauthorized use of a computer program, computer, computer system, computer network, or communication facilities connected or related to a computer, computer system, or computer network.
(Ord. 99-033, passed 2-28-00) Penalty, see § 130.99