NEBRASKA
CHAPTER 28 CRIMES AND PUNISHMENTS
ARTICLE 13 MISCELLANEOUS OFFENSES (p) COMPUTERS
28-1341. Act, how cited
Sections 28-1341 to 28-1348 shall be known and may be cited as the Computer Crimes Act.
28-1343. Terms, defined
For purposes of the Computer Crimes Act:
(1) Access shall mean to instruct, communicate with, store data in, retrieve data from, or
otherwise use the resources of a computer, computer system, or computer network;
(2) Computer shall mean a high-speed data processing device or system which performs
logical, arithmetic, data storage and retrieval, communication, memory, or control functions by the
manipulation of signals, including, but not limited to, electronic or magnetic impulses, and shall include any
input, output, data storage, processing, or communication facilities directly related to or operating in
conjunction with any such device or system;
(3) Computer network shall mean the interconnection of a communications system with
a computer through a remote terminal or with two or more interconnected computers or computer
systems;
(4) Computer program shall mean 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;
(5) Computer security system shall mean a computer program or device that:
(a) Is intended to protect the confidentiality and secrecy of data and information
stored in or accessible through the computer system; and
(b) 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;
(6) Computer software shall mean a computer program of procedures or associated
documentation concerned with the operation of a computer;
(7) Computer system shall mean related computers and peripheral equipment, whether
connected or unconnected;
(8) Data shall mean a representation of information, facts, knowledge, concepts, or
instructions prepared in a formalized or other manner and intended for use in a computer or computer
network;
(9) Destructive computer program shall mean a computer program that performs a
destructive function or produces a destructive product;
(10) Destructive functionshall mean a function that (a) degrades
the performance of acomputer, its associated peripheral equipment, or a computer program, (b) disables
a computer, its associated peripheral equipment, or a computer program, or (c) alters a computer program
or data;
(11) Destructive product shall mean a product that: (a) Produces unauthorized data,
including data that make computer memory space unavailable; (b) results in the unauthorized alteration
of data or a computer program; or (c) produces a destructive computer program, including, but not limited
to, a self-replicating program;
(12) Loss shall mean 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;
(13) Property shall include, but not be limited to, electronically processed or electronically
produced data and information in computer software whether in human or computer readable form; and
(14) Services shall include, but not be limited to, computer time, data processing, and
storage functions.
28-1343.01. Unauthorized computer access; penalty
(1) A person commits the offense of unauthorized computer access if the person intentionally and
without authority penetrates a computer security system.
(2) A person who violates subsection (1) of this section in a manner that creates a grave risk of
causing the death of a person shall be guilty of a Class IV felony.
(3) A person who violates subsection (1) of this section in a manner that creates a risk to public
health and safety shall be guilty of a Class I misdemeanor.
(4) A person who violates subsection (1) of this section in a manner that compromises the security
of data shall be guilty of a Class II misdemeanor.
28-1344. Unlawful acts; depriving or obtaining property or services; penalties
Any person who intentionally accesses or causes to be accessed, directly or indirectly, any
computer, computer system, computer software, or computer network without authorization or who,
having accessed any computer, computer system, computer software, or computer network with
authorization, knowingly and intentionally exceeds the limits of such authorization shall be guilty of a Class
IV felony if he or she intentionally: (1) Deprives another of property or services; or (2) obtains property
or services of another, except that any person who obtains property or services or deprives another of
property or services with a value of one thousand dollars or more by such conduct shall be guilty of a Class
III felony.
28-1345. Unlawful acts; harming or disrupting operations; penalties
Any person who accesses or causes to be accessed any computer, computer system, computer
software, or computer network without authorization or who, having accessed any computer, computer
system, computer software, or computer network with authorization, knowingly and intentionally exceeds
the limits of such authorization shall be guilty of a Class IV felony if he or she intentionally: (1) Alters,
damages, deletes, or destroys any computer, computer system, computer software, computer network,
computer program, data, or other property; (2) disrupts the operation of any computer, computer system,
computer software, or computer network; or (3) distributes a destructive computer program with intent
to damage or destroy any computer, computer system, computer network, or computer software, except
that any person who causes loss with a value of one thousand dollars or more by such conduct shall be
guilty of a Class III felony.
28-1346. Unlawful acts; obtaining confidential public information; penalties
Any person who intentionally accesses or causes to be accessed any computer, computer system,
computer software, or computer network without authorization, or who, having accessed a computer,
computer system, computer software, or computer network with authorization, knowingly and intentionally
exceeds the limits of such authorization, and thereby obtains information filed by the public with the state
or any political subdivision which is by statute required to be kept confidential shall be guilty of a Class
II misdemeanor. For any second or subsequent offense under this section, such person shall be guilty of
a Class I misdemeanor.
28-1347. Unlawful acts; access without authorization; exceeding authorization; penalties
Any person who intentionally accesses any computer, computer system, computer software,
computer network, computer program, or data without authorization and with knowledge that such access
was not authorized or who, having accessed any computer, computer system, computer software, computer
network, computer program, or data with authorization, knowingly and intentionally exceeds the limits of
such authorization shall be guilty of a Class V misdemeanor. For any second or subsequent offense under
this section, such person shall be guilty of a Class II misdemeanor.
28-1348. Act, how construed
The Computer Crimes Act shall not be construed to preclude the applicability of any other
provision of the Nebraska Criminal Code which may apply to any transaction described in the Computer
Crimes Act.