ARKANSAS

TITLE 5. CRIMINAL OFFENSES
SUBTITLE 4. OFFENSES AGAINST PROPERTY

CHAPTER 41. COMPUTER-RELATED CRIMES

5-41-101. Purpose

It is found and determined that computer-related crime poses a major problem for business and government;

that losses for each incident of computer-related crime are potentially astronomical; that the

opportunities for computer-related crime in business and government through the introduction of

fraudulent records into a computer system, the unauthorized use of computers, the alteration or

destruction of computerized information or files, and the stealing of financial instruments, data,

and other assets are great; that computer-related crime has a direct effect on state commerce; and

that, while various forms of computer-related crime might possibly be the subject of criminal

charges based on other provisions of law, it is appropriate and desirable that a statute be enacted

which deals directly with computer-related crime.

5-41-102. Definitions

As used in this chapter, unless the context otherwise requires:


                (1) "Access" means to instruct, communicate with, store data in, or retrieve data

                     from a computer, computer system, or computer network;

      	   (2) "Computer" means an electronic device that performs logical, arithmetic, and

                     memory functions by manipulating electronic or magnetic impulses and includes

                     all input, output, processing, storage, computer software, and communication

                     facilities that are connected or related to that device in a system or a network;

      	   (3) "Computer network" means the interconnection of communications lines with a computer through

                     remote terminals or a complex consisting of two (2) or more interconnected computers;

      	   (4) "Computer program" means a set of instructions, statements, or related data that, in actual or

                     modified form, is capable of causing a computer or a computer system to perform specified functions;

      	   (5) "Computer software" means one (1) or more computer programs, existing in any form, or any associated 

                     operational procedures, manuals, or other documentation;

      	   (6) "Computer system" means a set of related, connected, or unconnected computers, other devices, and software;

                (7) "Data" means any representation of information, knowledge, facts, concepts, or instructions which

                     are being prepared or have been prepared and are intended to be processed or stored, are being processed

                     or stored, or have been processed or stored in a computer, computer network, or computer system;

      	   (8) "Financial instrument" includes, but is not limited to, any check, draft, warrant, money order,

                     note,certificate of deposit, letter of credit, bill of exchange, credit or debit card,

                     transaction authorization mechanism, marketable security, or any computer system representation thereof;

     	           (9) "Property" includes, but is not limited to, financial instruments, data, computer programs,

                     documents associated with computers and computer programs, or copies thereof, whether

                     tangible or intangible, including both human and computer readable data, and data while in transit;          

	           (10)"Services" includes, but is not limited to, the use of a computer, a computer system, a computer

                      network, computer software, a computer program, or data.





5-41-103. Computer fraud

   	
(a) Any person commits computer fraud who intentionally accesses or causes to be accessed any computer,

computer system, computer network, or any part thereof for the purpose of:

      		(1) Devising or executing any scheme or artifice to defraud or extort; or

      		(2) Obtaining money, property, or services with false or fraudulent intent, representations, or promises.

   	(b) Computer fraud is a Class D felony.



5-41-104. Computer trespass

   

	
(a) Any person commits computer trespass who intentionally and without authorization accesses, alters,

deletes, damages, destroys, or disrupts any computer, computer system, computer network, computer program, or data.

 	(b) Computer trespass is a Class C misdemeanor if it is a first violation which does not cause any loss or damage.

   	(c) Computer trespass is a Class B misdemeanor if: 

      		(1) It is a second or subsequent violation which does not cause any loss or damage; or

      		(2) It is a violation which causes loss or damage of less than five hundred dollars ($500).

   	(d) Computer trespass is a Class A misdemeanor if it is a violation which causes loss or damage of five hundreddollars ($500) or more, but less than two thousand five hundred dollars ($2,500).

   	(e) Computer trespass is a Class D felony if it is a violation which causes loss or damage of two thousand five

hundred dollars ($2,500) or more.



5-41-105. Venue of violations

	
For the purpose of venue under this chapter, any violation of this chapter shall be considered to have been

committed in any county:

      		(1) In which any act was performed in furtherance of any course of conduct which violated this chapter;

      		(2) In which any violator had control or possession of any proceeds of the violation or of any books,

records, documents, property, financial instrument, computer software, computer program, data, or other material or objects which were used in furtherance of the violation;

      		(3) From which, to which, or through which any access to a computer or computer network was made whether by wires, electromagnetic waves, microwaves, or any other means of communication;

      		(4) In which any computer, computer system, or computer network is an object or an instrument of the violation is located at the time of the alleged violation.

5-41-107. Assistance of Attorney General

5-41-106. Civil actions

(a) Any person whose property or person is injured by reason of a violation of any provision of this chapter may sue therefor and recover for any damages sustained and the costs of suit. Without limiting the generality of the term, "damages" shall include loss of profits.



	(b) At the request of any party to an action brought pursuant to this section, the court, in its

discretion, may conduct all legal proceedings in such a way as to protect the secrecy and security of the

computer, computer system, computer network, computer program, computer software, and data involved

in order to prevent possible reoccurrence of the same or a similar act by another person and to protect

any trade secrets of any party.



 	(c) No civil action under this section may be brought except within three (3) years from the date

the alleged violation of this chapter is discovered or should have been discovered by the exercise of

reasonable diligence.