KANSAS

CHAPTER 21. CRIMES AND PUNISHMENTS KANSAS CRIMINAL CODE
PART II. PROHIBITED CONDUCT

ARTICLE 37. CRIMES AGAINST PROPERTY

21-3755. Computer crime; criminal computer access.

      (a) As used in this section, the following words and phrases shall have the meanings respectively

          ascribed thereto:



             (1)"Access" means to approach, instruct, communicate with, store 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 work using programmed

                 instruction and which has one or more of the capabilities of storage, logic, arithmetic or communication and

                 includes all input, output, processing, storage, software or communication facilities which are connected

                 or related to such a device in a system or network.



             (3)"Computer network" means the interconnection of communication lines, including

                 microwave or other means of electronic communication, with a computer through remote terminals, or a

                 complex consisting of two or more interconnected computers.



             (4)"Computer program" means a series of instructions or statements in a form acceptable

                 to a computer which permits the functioning of a computer system in a manner designed to provide

                 appropriate products from such computer system.



             (5)"Computer software" means computer programs, procedures and associated

                 documentation concerned with the operation of a computer system.



             (6)"Computer system" means a set of related computer equipment or devices and

                 computer software which may be connected or unconnected.



             (7)"Financial instrument" means any check, draft, money order, certificate of deposit, letter

                 of credit, bill of exchange, credit card, debit card or marketable security.



             (8)"Property" includes, but is not limited to, financial instruments, information,

                 electronically produced or stored data, supporting documentation and computer software in either machine

                 or human readable form.



             (9)"Services" includes, but is not limited to, computer time, data processing and storage

                 functions and other uses of a computer, computer system or computer network to perform useful work.



            (10)"Supporting documentation" includes, but is not limited to, all documentation used in

                 the construction, classification, implementation, use or modification of computer software, computer

                 programs or data.



      (b) Computer crime is:



             (1) Intentionally and without authorization gaining or attempting to gain access to and

                 damaging, modifying, altering, destroying, copying, disclosing or taking possession of a computer, computer

                 system, computer network or any other property;



             (2) using a computer, computer system, computer network or any other property for the

                 purpose of devising or executing a scheme or artifice with the intent to defraud or for the purpose of

                 obtaining money, property, services or any other thing of value by means of false or fraudulent pretense

                 or representation; or



             (3) intentionally exceeding the limits of authorization and damaging, modifying, altering,

                 destroying, copying, disclosing or taking possession of a computer, computer system, computer network

                 or any other property.



      (c)    (1) Computer crime which causes a loss of the value of less than $ 500 is a class A

                 nonperson misdemeanor.



             (2) Computer crime which causes a loss of the value of at least $ 500 but less than $ 25,000

                 is a severity level 9, nonperson felony.



             (3) Computer crime which causes a loss of the value of $ 25,000 or more is a severity level

                 7, nonperson felony.



      (d) In any prosecution for computer crime, it is a defense that the property or services were

          appropriated openly and avowedly under a claim of title made in good faith.



      (e) Criminal computer access is intentionally, fraudulently and without authorization gaining or

          attempting to gain access to any computer, computer system, computer network or to any computer

          software, program, documentation, data or property contained in any computer, computer system or

          computer network. Criminal computer access is a class A nonperson misdemeanor.



      (f) This section shall be part of and supplemental to the Kansas criminal code.