NEW JERSEY
TITLE 2C
SUBTITLE 2. DEFINITION OF SPECIFIC OFFENSES
PART 2. OFFENSES AGAINST PROPERTY
CHAPTER 20. THEFT AND RELATED OFFENSES
II. COMPUTER-RELATED CRIMES
2C:20-23. Definitions As used in this act:
a. "Access" means to instruct, communicate with, store data in, retrieve data from, or
otherwise make use of any resources of a computer, computer system, or computer network.
b. "Computer" means an electronic device or another similar device capable of executing a computer
program, including arithmetic, logic, memory or input-output operations, by the manipulation of electronic
or magnetic impulses and includes all computer equipment connected to such a device in a computer
system or network.
c. "Computer equipment" means any equipment or devices, including all input, output,
processing, storage, software, or communications facilities, intended to interface with the computer.
d. "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.
e. "Computer program" means a series of instructions or statements executable on a
computer, which directs the computer system in a manner to produce a desired result.
f. "Computer software" means a set of computer programs, data, procedures, and associated
documentation concerned with the operation of a computer system.
g. "Computer system" means a set of interconnected computer equipment intended to
operate as a cohesive system.
h. "Data" means information, facts, concepts, or instructions prepared for use in a
computer, computer system, or computer network.
i. "Data base" means a collection of data.
j. "Financial instrument" includes but is not limited to a check, draft, warrant, money order,
note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction authorization
mechanism, marketable security and any computer representation of these items.
k. "Services" includes but is not limited to the use of a computer system, computer
network, computer programs, data prepared for computer use and data contained within a computer
system or computer network.
2C:20-24. Value of property or services
For the purposes of this act, the value of any property or services, including the use of computer
time, shall be their fair market value, if it is determined that a willing buyer and willing seller exist.
Alternatively, value shall include but not be limited to the cost of generating or obtaining data and storing
it within a computer or computer system.
2C:20-25. Computer-related theft
A person is guilty of theft if he purposely or knowingly and without authorization:
a. Alters, damages, takes or destroys any data, data base, computer program, computer
software or computer equipment existing internally or externally to a computer, computer system or
computer network;
b. Alters, damages, takes or destroys a computer, computer system or computer network;
c. Accesses or attempts to access any computer, computer system or computer network
for the purpose of executing a scheme to defraud, or to obtain services, property, or money, from the
owner of a computer or any third party; or
d. Alters, tampers with, obtains, intercepts, damages or destroys a financial instrument.
2C:20-26. Property or services of $ 75,000 or more; degree of crime
a. Theft under section 4 of this act constitutes a crime of the second degree if the offense results
in the altering, damaging, destruction or obtaining of property or services with a value of $ 75,000.00 or
more. It shall also be a crime of the second degree if the offense results in a substantial interruption or
impairment of public communication, transportation, supply of water, gas or power, or other public service.
b. A person is guilty of a crime of the third degree if he purposely or knowingly accesses and
recklessly alters, damages, destroys or obtains any data, data base, computer, computer program, computer
software, computer equipment, computer system or computer network with a value of $ 75,000.00 or more.
2C:20-27. Property or services between $ 500 and $ 75,000; degree of crime
a. Theft under section 4 of this act constitutes a crime of the third degree if the offense results in the
altering, damaging, destruction, or obtaining of property or services with a value of at least $ 500.00 but
less than $ 75,000.00. b. A person is guilty of a crime of the fourth degree if he purposely or knowingly
accesses and recklessly alters, damages, destroys or obtains any data, data base, computer, computer
program, computer software, computer equipment, computer system or computer network with a value
of at least $ 500.00 but less than $ 75,000.00.
2C:20-28. Property or services between $ 200 and $ 500; degree of crime
a. Theft under section 4 of this act constitutes a crime of the fourth degree if the offense results
in the altering, damaging, destruction or obtaining of property or services with a value of more than $
200.00 but less than $ 500.00.
b. A person is guilty of a disorderly persons offense if he purposely or knowingly accesses and
recklessly alters, damages, destroys or obtains any data, data base, computer, computer program, computer
software, computer equipment, computer system or computer network with a value of more than $ 200.00
but less than $ 500.00.
2C:20-29. Property or services of $ 200 or less; disorderly persons offense
a. Theft under section 4 of this act constitutes a disorderly persons offense when the offense
results in the altering, damaging, destruction or obtaining of property or services with a value of $ 200.00
or less.
b. A person is guilty of a petty disorderly persons offense if he purposely or knowingly accesses
and recklessly alters, damages, destroys or obtains any data, data base, computer, computer program,
computer software, computer equipment, computer system or computer network with a value of $ 200.00
or less.
2C:20-30. Damage or wrongful access to computer system; no assessable damage; degree of crime
A person is guilty of a crime of the third degree if he purposely and without authorization accesses,
alters, damages or destroys a computer system or any of its parts, where the accessing and altering cannot
be assessed a monetary value or loss.
2C:20-31. Disclosure of data from wrongful access; no assessable damage; degree of crime
A person is guilty of a crime of the third degree if he purposely and without authorization accesses
a computer system or any of its parts and directly or indirectly discloses or causes to be disclosed data,
data base, computer software or computer programs, where the accessing and disclosing cannot be assessed
a monetary value or loss.
2C:20-32. Wrongful access to computer; lack of damage or destruction; disorderly persons offense
A person is guilty of a disorderly persons offense if he purposely and without authorization accesses
a computer or any of its parts and this action does not result in the altering, damaging or destruction of
any property or services.
2C:20-33. Copy or alteration of program or software with value of $ 1,000 or less
The copying or altering of a computer program or computer software shall not constitute theft for
the purposes of chapters 20 and 21 of Title 2C of the New Jersey Statutes or any offense under this act
if the computer program or computer software is of a retail value of $ 1,000.00 or less and is not copied
for resale.
2C:20-34. Situs of offense
For the purpose of prosecution under this act, the situs of an offense of theft shall be the location
of the computer which is accessed, or where the terminal used in the offense is situated, or where the
actual damage occurs.
2C:20-35. Definitions
As used in this act: "ATP card" means a document issued by a State or federal agency, to a
certified household, to show the food stamp allotment a household is authorized to receive on presentation.
"Department" means the Department of Human Services. "Food stamp coupon" means any coupon or
stamp used or intended for use in the purchase of food pursuant to the federal food stamp program, 7
U.S.C. @ 2011 et seq.
2C:20-36. Prohibited transactions involving food stamp coupons or ATP card of $ 150 or more; crime of
the fourth degree
If the face value of food stamp coupons or an ATP card is equal to or greater than $ 150, an
individual shall be guilty of a crime of the fourth degree if he purposely or knowingly and without
authorization: a. Receives or uses the proceeds of food stamp coupons or an ATP card for which he has
not applied or has not been approved by the department to use; b. Engages in any transaction to convert
food stamp coupons or an ATP card to other property contrary to federal and State government rules and
regulations governing the food stamp program; or c. Transfers food stamp coupons or an ATP card to
another person who is not lawfully entitled or approved by the department to use the coupons or ATP
card.
2C:20-37. Prohibited transactions involving food stamp coupons or ATP card of less than $ 150; disorderly
persons offense
If the face value of food stamp coupons or an ATP card is less than $ 150, an individual shall be
guilty of a disorderly persons offense if he purposely or knowingly and without authorization: a. Receives
or uses the proceeds of food stamp coupons or an ATP card for which he has not applied or has not been
approved, by the department, to use; b. Engages in any transaction to convert food stamp coupons or
an ATP card to other property contrary to federal and State government rules and regulations governing
the food stamp program; or c. Transfers food stamp coupons or an ATP card to another person who is
not lawfully entitled or approved, by the department, to use the coupons or ATP card.
2A:38A-1. Definitions As used in this act:
a. "Access" means to instruct, communicate with, store data in, retrieve data from, or
otherwise make use of any resources of a computer, computer system, or computer network.
b. "Computer" means an electronic device or another similar device capable of executing a computer
program, including arithmetic, logic, memory or input-output operations, by the manipulation of electronic
or magnetic impulses and includes all computer equipment connected to such a device in a computer
system or network.
c. "Computer equipment" means any equipment or devices, including all input, output,
processing, storage, software, or communications facilities, intended to interface with the computer.
d. "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.
e. "Computer program" means a series of instructions or statements executable on a
computer, which directs the computer system in a manner to produce a desired result.
f. "Computer software" means a set of computer programs, data, procedures, and associated
documentation concerned with the operation of a computer system.
g. "Computer system" means a set of interconnected computer equipment intended to
operate as a cohesive system.
h. "Data" means information, facts, concepts, or instructions prepared for use in a
computer, computer system, or computer network.
i. "Data base" means a collection of data.
j. "Financial instrument" includes but is not limited to a check, draft, warrant, money order,
note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction authorization
mechanism, marketable security and any computer representation of these items.
k. "Property" includes but is not limited to financial instruments, information, data, and
computer software, in either human readable or computer readable form, copies or originals, and any other
tangible or intangible item of value. l. "Services" includes but is not limited to the use of a computer
system, computer network, computer programs, data prepared for computer use and data contained within
a computer system or computer network.
2A:38A-2. Value of property or services
For the purposes of this act, the value of any property or services, including the use of computer
time, shall be their fair market value, if it is determined that a willing buyer and willing seller exist.
Alternatively, value shall include but not be limited to the cost of generating or obtaining data and storing
it within a computer or computer system.
2A:38A-3. Computer-related offenses; compensatory and punitive damages; costs and expenses
A person or enterprise damaged in business or property as a result of any of the following actions
may sue the actor therefor in the Superior Court and may recover compensatory and punitive damages
and the cost of the suit, including a reasonable attorney's fee, costs of investigation and litigation: a. The
purposeful or knowing, and unauthorized altering, damaging, taking or destruction of any data, data base,
computer program, computer software or computer equipment existing internally or externally to a
computer, computer system or computer network; b. The purposeful or knowing, and unauthorized
altering, damaging, taking or destroying of a computer, computer system or computer network; c. The
purposeful or knowing, and unauthorized accessing or attempt to access any computer, computer system
or computer network; d. The purposeful or knowing, and unauthorized altering, accessing, tampering
with, obtaining, intercepting, damaging or destroying of a financial instrument; or e. The purposeful or
knowing accessing and reckless altering, damaging, destroying or obtaining of any data, data base,
computer, computer program, computer software, computer equipment, computer system or computer
network.
2A:38A-5. Injunctions
In addition to any other action or proceeding authorized by law, the Attorney General, or a person
or enterprise alleging injury or loss may bring an action in Superior Court to enjoin actions causing damage
as described in this act or to enjoin any acts in furtherance thereof.
2A:38A-6. Venue of action
Actions brought under this act may be filed in the Superior Court of the county in which the
computer which is accessed is located, or where the terminal used in the accessing is situated, or where
the actual damage occurs.