IOWA
TITLE XVI CRIMINAL LAW AND PROCEDURE
SUBTITLE 1 CRIME CONTROL AND CRIMINAL ACTS
CHAPTER 716A COMPUTER CRIME
716A.1 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 which performs logical, arithmetical, and memory
functions by manipulations of electronic or magnetic impulses, and includes all input, output, processing,
storage, computer software, and communication facilities which are connected or related to the computer
in a computer system or computer network.
3."Computer network" means a set of related, remotely connected devices and
communication facilities including two or more computers with capability to transmit data among them
through communication facilities.
4."Computer program" means an ordered set of instructions or statements that, when
executed by a computer, causes the computer to process data.
5."Computer software" means a set of computer programs, procedures, or associated
documentation used in the operation of a computer.
6."Computer system" means related, connected or unconnected, computers or peripheral
equipment.
7."Data" means a representation of information, knowledge, facts, concepts or instructions
that has been prepared or is being prepared in a formalized manner and has been processed, or is intended
to be processed in a computer. Data may be in any form including, but not limited to, printouts, magnetic
storage media, punched cards and as stored in the memory of a computer.
8."Loss of property" means the greatest of the following:
a. The retail value of the property involved. b. The reasonable
replacement or repair cost, whichever is less.
9."Loss of services" means the reasonable value of the damage created by the unavailability
or lack of utility of the property or services involved until repair or replacement can be effected.
10."Property" means anything of value as defined in section 702.14, including but not
limited to computers and computer data, information, software, and programs. 11.
"Services" means the use of a computer, computer system, or computer network and includes, but is not
limited to, computer time, data processing, and storage functions.
716A.2 Unauthorized access
A person who knowingly and without authorization accesses a computer, computer system, or
computer network commits a simple misdemeanor.
716A.3 Computer damage defined
A person commits computer damage when the person knowingly and without authorization
damages or destroys a computer, computer system, computer network, computer software, computer
program, or any other property as defined in section 716A.1, subsection 8, or knowingly and without
authorization and with the intent to injure or defraud alters any computer, computer system, computer
network, computer software, computer program, or any other property as defined in section 716A.1,
subsection 10.
716A.4 Computer damage in the first degree
Computer damage is computer damage in the first degree when the damage results in a loss of
property or services of more than ten thousand dollars. Computer damage in the first degree is a class "C"
felony.
716A.5 Computer damage in the second degree
Computer damage is computer damage in the second degree when the damage results in a loss of
property or services of more than one thousand dollars but not more than ten thousand dollars. Computer
damage in the second degree is a class "D" felony.
716A.6 Computer damage in the third degree
Computer damage is computer damage in the third degree when the damage results in a loss of
property or services of more than five hundred dollars but not more than one thousand dollars. Computer
damage in the third degree is an aggravated misdemeanor.
716A.7 Computer damage in the fourth degree
Computer damage is computer damage in the fourth degree when the damage results in a loss of property
or services of more than one hundred dollars but not more than five hundred dollars. Computer damage
in the fourth degree is a serious misdemeanor.
716A.8 Computer damage in the fifth degree
Computer damage is computer damage in the fifth degree when the damage results in a loss of
property or services of not more than one hundred dollars. Computer damage in the fifth degree is a
simple misdemeanor.
716A.9 Computer theft defined
A person commits computer theft when the person knowingly and without authorization accesses
or causes to be accessed a computer, computer system, or computer network, or any part thereof, for the
purpose of obtaining services, information or property or knowingly and without authorization and with
the intent to permanently deprive the owner of possession, takes, transfers, conceals or retains possession
of a computer, computer system, or computer network or any computer software or program, or data
contained in a computer, computer system, or computer network.
716A.10 Computer theft in the first degree
Computer theft is computer theft in the first degree when the theft involves or results in a loss
of services or property of more than ten thousand dollars. Computer theft in the first degree is a class "C"
felony.
716A.11 Computer theft in the second degree
Computer theft is computer theft in the second degree when the theft involves or results in a loss
of services or property of more than one thousand dollars but not more than ten thousand dollars.
Computer theft in the second degree is a class "D" felony.
716A.12 Computer theft in the third degree
Computer theft is computer theft in the third degree when the theft involves or results in a loss
of services or property of more than five hundred dollars but not more than one thousand dollars.
Computer theft in the third degree is an aggravated misdemeanor.
716A.13 Computer theft in the fourth degree
Computer theft is computer theft in the fourth degree when the theft involves or results in a loss of
services or property of more than one hundred dollars but not more than five hundred dollars. Computer
theft in the fourth degree is a serious misdemeanor.
716A.14 Computer theft in the fifth degree
Computer theft is computer theft in the fifth degree when the theft involves or results in a loss
of services or property of not more than one hundred dollars. Computer theft in the fifth degree is a
simple misdemeanor.
716A.15 Chapter not exclusive
This chapter does not preclude the applicability of any other provision of the law of this state
which is not inconsistent with this chapter and which applies or may apply to an act or transaction in
violation of this chapter.
716A.16 Printouts admissible as evidence
In a prosecution under this chapter, computer printouts shall be admitted as evidence
of any computer software, program, or data contained in or taken from a computer,
notwithstanding an applicable rule of evidence to the contrary.