NEW HAMPSHIRE

TITLE LXII. CRIMINAL CODE CHAPTER 638. FRAUD COMPUTER CRIME

638:16. Computer Crime; Definitions For the purpose of this subdivision:


      I. "Access" means to instruct, communicate with, store data in, or retrieve data from a

          computer, computer system, or computer network.



     II. "Computer" means a programmable, electronic device capable of accepting and

          processing data.



    III. "Computer network" means (a) a set of related devices connected to a computer by

          communications facilities, or (b) a complex of 2 or more computers, including related devices, connected

          by communications facilities.



     IV. "Computer program" means a set of instructions, statements, or related data that, in

          actual or modified form, is capable of causing a computer or computer system to perform specified

          functions.



      V. "Computer services" includes, but is not limited to, computer access, data processing,

          and data storage.



     VI. "Computer software" means one or more computer programs, existing in any form,

          or any associated operational procedures, manuals, or other documentation.



    VII. "Computer system" means a computer, its software, related equipment,

          communications facilities, if any, and includes computer networks.



   VIII. "Data" means information of any kind in any form, including computer software.



     IX. "Person" means a natural person, corporation, trust, partnership, incorporated or

          unincorporated association, and any other legal or governmental entity, including any state or municipal

          entity or public official.



      X. "Property" means anything of value, including data.

638:17. Computer Related Offenses


      I.  A person is guilty of the computer crime of unauthorized access to a computer system when,

          knowing that he is not authorized to do so, he knowingly accesses or causes to be accessed any computer

          system without authorization.  It shall be an affirmative defense to a prosecution for unauthorized access

          to a computer system that:



             (a) The person reasonably believed that the owner of the computer system, or a person

                 empowered to license access thereto, had authorized him to access; or



             (b) The person reasonably believed that the owner of the computer system, or a person

                 empowered to license access thereto, would have authorized him to access without payment of any

                 consideration; or



             (c) The person reasonably could not have known that his access was unauthorized.



     II.  A person is guilty of the computer crime of theft of computer services when he knowingly

          accesses or causes to be accessed or otherwise uses or causes to be used a computer system with the

          purpose of obtaining unauthorized computer services.



    III.  A person is guilty of the computer crime of interruption of computer services when he,

          without authorization, knowingly or recklessly disrupts or degrades or causes the disruption or degradation

          of computer services or denies or causes the denial of computer services to an authorized user of a

          computer system.



     IV.  A person is guilty of the computer crime of misuse of computer system information when:



             (a) As a result of his accessing or causing to be accessed a computer system, he knowingly

                 makes or causes to be made an unauthorized display, use, disclosure, or copy, in any form, of data residing

                 in, communicated by, or produced by a computer system; or



             (b) He knowingly or recklessly and without authorization:



                   (1) Alters, deletes, tampers with, damages, destroys, or takes data intended for

                       use by a computer system, whether residing within or external to a computer system; or                     

                   (2) Intercepts or adds to data residing within a computer system; or



             (c) He knowingly receives or retains data obtained in violation of subparagraph (a) or (b)

                 of this paragraph; or



             (d) He knowingly uses or discloses any data he knows or believes was obtained in violation

                 of subparagraph (a) or (b) of this paragraph.



      V.  A person is guilty of the computer crime of destruction of computer equipment when he,

          without authorization, knowingly or recklessly tampers with, takes, transfers, conceals, alters, damages,

          or destroys any equipment used in a computer system or knowingly or recklessly causes any of the

          foregoing to occur.

638:18. Computer Crime Penalties

I. Computer crime constitutes a class A felony if the damage to or the value of the property or

computer services exceeds $ 1,000.

II. Computer crime constitutes a class B felony if:

(a) The damage to or the value of the property or computer services exceeds $ 500; or

(b) The person recklessly engages in conduct which creates a risk of serious physical injury

to another person.

III. Computer crime is a misdemeanor if the damage to or the value of the property or computer

services, if any, is $ 500 or less.

IV. If a person has gained money, property, or services or other consideration through the

commission of any offense under RSA 638:17, upon conviction thereof, the court, in addition to any

sentence of imprisonment or other form of sentence authorized by RSA 651, may, in lieu of imposing a

fine, sentence the defendant to pay an amount, fixed by the court, not to exceed double the amount of the

defendant's gain from the commission of such offense. In such case, the court shall make a finding as to

the amount of the defendant's gain from the offense and, if the record does not contain sufficient evidence

to support such finding, the court may conduct a hearing upon the issue. For the purpose of this section,

"gain" means the amount of money or the value of property or computer services or other consideration

derived.

V. For the purposes of this section:

(a) The value of property or computer services shall be:

(1) The market value of the property or computer services at the time of the

violation; or

(2) If the property or computer services are unrecoverable, damaged, or destroyed

as a result of a violation of 638:17 the cost of reproducing or replacing the property or computer services

at the time of the violation.

(b) Amounts included in violations of 638:17 committed pursuant to one scheme or course

of conduct, whether from the same person or several persons, may be aggregated in determining the grade

of the offense.

satisfactorily ascertained, the value shall be deemed to be $ 250.

638:19. Venue


      I.  In any prosecution for a violation of  638:17 the offense shall be deemed to have been

          committed in the town in which the act occurred or in which the computer system or part thereof involved

          in the violation was located.



     II.  In any prosecution for a violation of  638:17 based upon more than one act in violation thereof,

          the offense shall be deemed to have been committed in any of the towns in which any of the acts occurred

          or in which a computer system or part thereof involved in a violation was located.



    III.  If any act performed in furtherance of the offenses prohibited by  638:17 occurs in this state

          or if any computer system or part thereof accessed in violation of  638:17 is located in this state, the

          offense shall be deemed to have occurred in this state.