2 SUBJECT: Colorado Computer Law DATED: 21 March 1988 ================== COLORADO COMPUTER CRIME STATUTES ========================= (From the Colorado Revised Statutes) ============================ 18-5.5-101 ===================================== DEFINITIONS. As used in this article, unless the context otherwise requires: (1) "Authorization" means the express consent of a person which may include an employees job description to use said person's computer, computer network, computer program, computer software, computer system, property, or services as those terms are defined in this section. (2) "Computer" means an electronic device which performs logical, arithmetic, or memory functions by the manipulations of electronic or magnetic impulses, and includes all input, output, processing, storage, software, or communications 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. Continuous, Quit or ENTER:                             (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, connected, or unconnected computer equipment, devices, and software. (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, including electroniclly produced data, and computer software and programs in either machine or human readable form, and other tangible or intangible item of value. (9) "Services" includes, but is not limited to, computer time, data processing, and storage functions. (10) To "use" means to instruct, communicate with, store data in, retrieve data from, or otherwize make use of any resources of a computer, computer system, or computer network. ============================ 18-5.5-102 ===================================== COMPUTER CRIME. (1) Any person who knowingly uses any computer, computer system, computer network, or any part thereof for the pupose of devising or executing any scheme or artifice to defraud; obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises; using the property or services of another without authorization; or commiting theft commits computer crime. (2) Any person who knowingly and without authorization uses, alters, damages, or destroys any computer, computer system, or computer network descibed in section 18-5.5-101 or any computer software, program, documentation, or data contained in such computer, computer system, or computer network commits computer crime. (3) If the loss, damage, or thing of value taken in violation of this section is less than fifty dollars, computer crime is a class 3 misdemeanor; if fifty dollars or more but less than two hundred dollars, computer crime is a class 2 misdemeanor; if two hundred dollars or more but less than ten thousand dollars, computer crime is a class 4 felony; if ten thousand dollars or more, computer crime is a class 3 felony. ============================ 18-9-309 ===================================== ILLEGAL TELECOMMUNICATIONS EQUIPMENT (1) As used in this section: (a) "Illegal telecommunications equipment" means any instrument, apparatus, equipment, or device which is designed or adpted, and used or intended to be used, for the theft of any telecommunication service or for concealing from any supplier of telecommunication service or lawful authority the existance, place of origin, or destination of any telecommunication. (b) "Telecommunication service" means a service which, in exchange for a pecuniary consideration, provides or offers to provide transmission of messages, signals, facsimiles, or other communication between persons who are physically separated from each other by means of telephone, telegraph, cable, wire, or the projection of energy without physical connection. (2) It is unlawful, knowingly, to: (a) Make, possess, or use illegal telecommunications equipment; or (b) Sell, give, or furnish to another or advertise or offer for sale illegal telecommunications equipment; or (c) Sell, give, or furnish to another or advertise or offer for sale any plans or instructions for making, assembling, or using illegal telecommunications equipment. (3) A person who violates subsection (2) of this section commits a class 3 misdemeanor. A second violation of the same subsection within five years after the previous conviction is a class 5 felony. ============================ 18-9-311 ===================================== AUTOMATED DIALING SYSTEMS PROHIBITED (1) No person shall utilize an automated dialing system with a prerecorded message for the purpose of soliciting another person to purchase goods or services unless there is an existing business relationship between such persons, and the person being called then consents to hear the prerecorded message. (2) Any person who violates this section commits a class 1 petty offence. ====================== PRESUMPTIVE PENALTIES ================================ (From 18-1-105 and 18-1-106) Class 3 Misdemeanor 0-6 months or $50-$750 fine or both Class 2 Misdemeanor 2-12 months or $250-$1000 fine or both Class 4 Felony Two to four years plus one year of parole Class 3 Felony Four to eight years plus one year of parole. 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