/* R FRINGE COMMENTARY: Here's the Montana Computer Law Statute.
Section 45-2-101, Montana Code */
SECTION 45-2-101 General definitions. Unless otherwise specified
in the statute,, all words will be taken in the objective
standard rather than in the subjective, and unless a different
meaning plainly is required, the following definitions apply in
this title:
/* The Montana statute places all definitions at the beginning of
its criminal code. Consequently, we are deleting things that have
nothing to do with computer technology. */
(1) "Acts" has its usual and ordinary meaning and includes
any bodily movement, any form of communication, and where
relevant, a failure or omission to take action.
*****
(3) "Another" means a person or persons, as defined in this
code, other than the offender.
(4) "Benefit" means gain or advantage or anything regard by
the beneficiary as gain or advantage, including benefit to any
other person or entity un whose welfare he is interested, but not
an advantage promised generally or a group or class of voters a
a consequence of public measures which a candidate engages to
support or oppose.
SECTION 45-6-310 Definition-- computer use. As used in 45-6-311,
the term "obtain the use of" means to instruct, communicate with,
store data in, retrieve data from, cause input to, cause output
from, or otherwise make use of any resources of a computer,
computer system, or computer network or to cause another to
instruct, communicate with, store data in, retrieve data from,
cause input to, cause output from, or otherwise make use of any
resources of a computer, computer system, or computer network.
SECTION 45-6-311 UNLAWFUL USE OF A COMPUTER (1) A person commits
the offense of unlawful use of a computer if he knowingly or
purposefully:
(a) obtains the use of any computer, computer system, or
computer network without the consent of the owner;
(b) alters or destroys or causes another to alter or destroy
a computer program or computer software without consent of the
owner; or
(c) obtains the use of or alters or destroys a computer,
computer system, computer network, or any part thereof as part of
a deception for the purpose of obtaining money, property, or
computer services from the owner of the computer, computer
system, computer network, or part thereof or from any other
person.
(2) A person convicted of the offense of unlawful use of a
computer involving property not exceeding $300.00 in value,
shall be fined not to exceed $500.00 or be imprisoned in the
county jail not to exceed six months, or both. A person
convicted of the offense of unlawful use of a computer involving
property exceeding $300.00 in value shall be fined not more than
2 1/2 times the value of the property used, altered, destroyed,
or obtained, or be imprisoned in the state prison for a term not
to exceed 10 years, or both.
Downloaded From P-80 International Information Systems 304-744-2253
