MINNESOTA
CHAPTER 609 CRIMINAL CODE
CRIMES AGAINST COMMERCE
609.87 Computer crime; definitions
Subd 1. Applicability. For purposes of sections 609.87 to 609.89, and section 609.891, the
terms defined in this section have the meanings given them.
Subd. 2. Access. "Access" means to instruct, communicate with, store data in, or retrieve data
from a computer, computer system, or computer network.
Subd. 2a. Authorization. "Authorization" means with the permission of the owner of the computer,
computer system, computer network, computer software, or other property. Authorization may be limited
by the owner by:
(1) giving the user actual notice orally or in writing;
(2) posting a written notice in a prominent location adjacent to the computer being used;
or
(3) using a notice displayed on or announced by the computer being used.
Subd. 3. Computer. "Computer" means an electronic device which performs logical, arithmetic or
memory functions by the manipulations of signals, including but not limited to electronic or magnetic
impulses.
Subd. 4. Computer system. "Computer system" means related, connected or unconnected,
computers and peripheral equipment.
Subd. 5. Computer network. "Computer network" means the interconnection of a communication
system with a computer through a remote terminal, or with two or more interconnected computers or
computer systems, and includes private and public telecommunications networks.
Subd. 6. Property. "Property" includes, but is not limited to, electronically processed or produced
data and information contained in a computer or computer software in either machine or human readable
form.
Subd. 7. Services. "Services" includes but is not limited to, computer time, data processing, and
storage functions.
Subd. 8. Computer program. "Computer program" means an instruction or statement or a series
of instructions or statements, in a form acceptable to a computer, which directs the functioning of a
computer system in a manner designed to provide appropriate products from the computer.
Subd. 9. Computer software. "Computer software" means a
computer program or procedures, or associated documentation concerned with the operation of a computer.
Subd. 10. Loss. "Loss" means the greatest of the following:
(a) the retail market value of the property or services involved;
(b) the reasonable repair or replacement cost, whichever is less; or
(c) 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.
Subd. 11. Computer security system. "Computer security system" means a software program or
computer device that:
(1) is intended to protect the confidentiality and secrecy of data and information stored
in or accessible through the computer system; and
(2) displays a conspicuous warning to a user that the user is entering a secure system or
requires a person seeking access to knowingly respond by use of an authorized code to the program or
device in order to gain access.
Subd. 12. Destructive computer program. "Destructive computer program" means a computer
program that performs a destructive function or produces a destructive product. A program performs a
destructive function if it degrades performance of the affected computer, associated peripherals or a
computer program; disables the computer, associated peripherals or a computer program; or destroys or
alters computer programs or data. A program produces a destructive product if it produces unauthorized
data, including data that make computer memory space unavailable; results in the unauthorized alteration
of data or computer programs; or produces a destructive computer program, including a self-replicating
computer program.
609.88 Computer damage
Subd. 1. Acts. Whoever does any of the following is guilty of computer damage and may be
sentenced as provided in subdivision 2:
(a) Intentionally and without authorization damages or destroys any computer, computer
system, computer network, computer software, or any other property specifically defined in section 609.87,
subdivision 6;
(b) Intentionally and without authorization or with intent to injure or defraud alters any
computer, computer system, computer network, computer software, or any other property specifically
defined in section 609.87, subdivision 6; or
(c) Distributes a destructive computer program, without authorization and with intent to
damage or destroy any computer, computer system, computer network, computer software, or any other
property specifically defined in section 609.87, subdivision 6.
Subd. 2. Penalty. Whoever commits computer damage may be sentenced as follows:
(a) To imprisonment for not more than ten years or to payment of a fine of not more than
$ 50,000, or both, if the damage, destruction or alteration results in a loss in excess of $ 2,500, to the
owner, or the owner's agent, or lessee;
(b) To imprisonment for not more than five years or to payment of a fine of not more than
$ 10,000, or both, if the damage, destruction or alteration results in a loss of more than $ 500, but not
more than $ 2,500 to the owner, or the owner's agent or lessee; or
(c) In all other cases to imprisonment for not more than 90 days or to payment of a fine
of not more than $ 700, or both.
270B.18 Criminal penalties
Subd 1. Unauthorized willful disclosure. A person willfully making a disclosure not
authorized by this chapter is guilty of a gross misdemeanor.
Subd. 2. Unauthorized computer data access. In addition to the computer crimes provided in
sections 609.87 to 609.89, a person who intentionally and without authority attempts to or does penetrate
property or a computer program or programs, as defined in section 609.87, containing department of
revenue data, is guilty of a gross misdemeanor.
Subd. 3. Public employee violations. A willful violation of this chapter by a public employee
constitutes just cause for suspension without pay or dismissal of the public employee.
609.89 Computer theft
Subd 1. Acts. Whoever does any of the following is guilty of computer theft and may be
sentenced as provided in subdivision 2:
(a) Intentionally and without authorization or claim of right accesses or causes to be
accessed any computer, computer system, computer network or any part thereof for the purpose of
obtaining services or property; or
(b) Intentionally and without claim of right, and with intent to deprive the owner of use
or possession, takes, transfers, conceals or retains possession of any computer, computer system, or any
computer software or data contained in a computer, computer system, or computer network.
Subd. 2. Penalty. Anyone who commits computer theft may be sentenced as follows:
(a) To imprisonment for not more than ten years or to payment of a fine of not more than
$ 50,000, or both, if the loss to the owner, or the owner's agent, or lessee is in excess of $ 2,500; or
(b) To imprisonment for not more than five years or to payment of a fine of not more than
$ 10,000, or both, if the loss to the owner, or the owner's agent, or lessee is more than $ 500 but not more
than $ 2,500; or
(c) In all other cases to imprisonment for not more than 90 days or to payment of a fine
of not more than $ 700, or both.
609.8911 Reporting violations
A person who has reason to believe that any provision of section 609.88, 609.89, or 609.891 is being
or has been violated shall report the suspected violation to the prosecuting authority in the county in which
all or part of the suspected violation occurred. A person who makes a report under this section is immune
from any criminal or civil liability that otherwise might result from the person's action, if the person is
acting in good faith.