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.