The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 087: Computer Crimes

• § 4101. Definitions

  As used in this chapter:

  (1) “Access” means to instruct, communicate with, store data in, enter 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 logical, arithmetic, and memory functions by the manipulations of electronic, photonic or magnetic impulses, and includes all input, output, processing, storage, software, or communications facilities which are connected or related to such a device in a system or network, including devices available to the public for limited or designated use or other devices used to access or connect to such a system or network.

  (3) “Computer network” means the interconnection of remote user terminals with a computer through communications lines, or a complex consisting of two or more interconnected computers.

  (4) “Computer program” means a series of instructions or statements or related data that, in actual or modified form, is capable of causing a computer or a computer system to perform specified functions in a form acceptable to a computer, that permits the functioning of a computer system in a manner designed to provide appropriate products from such computer system.

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

  (6) “Computer system” means a set of connected computer equipment, devices and software.

  (7) “Data” means any representation of information, knowledge, facts, concepts, or instructions that are being prepared or have been prepared and are intended to be entered, processed, or stored, are being entered, processed, or stored, or have been entered, processed, or stored in a computer, computer system, or computer network.

  (8) “Property” includes electronically produced data, and computer software and programs in either machine or human readable form, and any other tangible or intangible item of value.

  (9) “Services” includes computer time, data processing, and storage functions. (Added 1999, No. 35, § 1.)

• § 4102. Unauthorized access

  A person who knowingly and intentionally and without lawful authority, accesses any computer, computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer network shall be imprisoned not more than six months or fined not more than $500.00, or both. (Added 1999, No. 35, § 1.)

• § 4103. Access to computer for fraudulent purposes

  (a) A person shall not intentionally and without lawful authority access or cause to be accessed any computer, computer system, or computer network for any of the following purposes:

  (1) executing any scheme or artifice to defraud;

  (2) obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises; or

  (3) in connection with any scheme or artifice to defraud, damaging, destroying, altering, deleting, copying, retrieving, interfering with or denial of access to, or removing any program or data contained therein.

  (b) Penalties. A person convicted of the crime of access to computer for fraudulent purposes shall be:

  (1) if the value of the matter involved does not exceed $500.00, imprisoned not more than one year or fined not more than $500.00, or both;

  (2) if the value of the matter involved does not exceed $500.00, for a second or subsequent offense, imprisoned not more than two years or fined not more than $1,000.00, or both; or

  (3) if the value of the matter involved exceeds $500.00, imprisoned not more than 10 years or fined not more than $10,000.00, or both. (Added 1999, No. 35, § 1.)

• § 4104. Alteration, damage, or interference

  (a) A person shall not intentionally and without lawful authority, alter, damage, or interfere with the operation of any computer, computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer network.

  (b) Penalties. A person convicted of violating this section shall be:

  (1) if the damage or loss does not exceed $500.00 for a first offense, imprisoned not more than one year or fined not more than $5,000.00, or both;

  (2) if the damage or loss does not exceed $500.00 for a second or subsequent offense, imprisoned not more than two years or fined not more than $10,000.00, or both; or

  (3) if the damage or loss exceeds $500.00, imprisoned not more than 10 years or fined not more than $25,000.00, or both. (Added 1999, No. 35, § 1; amended 2013, No. 199 (Adj. Sess.), § 15.)

• § 4105. Theft or destruction

  (a)(1) A person shall not intentionally and without claim of right deprive the owner of possession, take, transfer, copy, conceal, or retain possession of, or intentionally and without lawful authority, destroy any computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer network.

  (2) Copying a commercially available computer program or computer software is not a crime under this section, provided that the computer program and computer software has a retail value of $500.00 or less and is not copied for resale.

  (b) Penalties. A person convicted of violating this section shall be:

  (1) if the damage or loss does not exceed $500.00 for a first offense, imprisoned not more than one year or fined not more than $5,000.00, or both;

  (2) if the damage or loss does not exceed $500.00 for a second or subsequent offense, imprisoned not more than two years or fined not more than $10,000.00, or both; or

  (3) if the damage or loss exceeds $500.00, imprisoned not more than 10 years or fined not more than $25,000.00, or both. (Added 1999, No. 35, § 1; amended 2013, No. 199 (Adj. Sess.), § 15.)

• § 4106. Civil liability

  A person damaged as a result of a violation of this chapter may bring a civil action against the violator for damages, costs, and fees, including reasonable attorney’s fees, and such other relief as the court deems appropriate. (Added 1999, No. 35, § 1; amended 2013, No. 199 (Adj. Sess.), § 15.)

• § 4107. Venue

  For the purposes of venue under this chapter, any violation of this chapter shall be considered to have been committed in the State of Vermont if the State of Vermont is the state from which or to which any use of a computer or computer network was made, whether by wires, electromagnetic waves, microwaves, or any other means of communication. (Added 1999, No. 35, § 1.)