NEW JERSEY STATUTES ANNOTATED
COPR. (c) WEST 1990 No Claim to Orig. Govt. Works
TITLE 2C. THE NEW JERSEY CODE OF CRIMINAL JUSTICE
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.
1990 Pocket Part Credit(s)
L.1984, c. 184, s 2.
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
1990 Pocket Part Historical and Statutory Notes
Effective and operative dates, see note under s 2C:20-1.
Title of Act:
An Act concerning COMPUTER-RELATED CRIMES, amending N.J.S. 2C:20-1 and
supplementing chapter 20 of Title 2C of the New Jersey Statutes. L.1984, c.
184.
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.
1990 Pocket Part Credit(s)
L.1984, c. 184, s 3.
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
1990 Pocket Part Historical and Statutory Notes
Effective and operative dates, see note under s 2C:20-1.
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.
1990 Pocket Part Credit(s)
L.1984, c. 184, s 4.
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
1990 Pocket Part Historical and Statutory Notes
Effective and operative dates, see note under s 2C:20-1.
2C:20-26. Property or services of $75,000 or more; degree of crime
a. Theft under section 4 of this act [FN1] 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.
1990 Pocket Part Credit(s)
L.1984, c. 184, s 5.
[FN1] Section 2C:20-25.
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
1990 Pocket Part Historical and Statutory Notes
Effective and operative dates, see note under s 2C:20-1.
2C:20-27. Property or services between $500 and $75,000; degree of crime
a. Theft under section 4 of this act [FN1] 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.
1990 Pocket Part Credit(s)
L.1984, c. 184, s 6.
[FN1] Section 2C:20-25.
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
1990 Pocket Part Historical and Statutory Notes
Effective and operative dates, see note under s 2C:20-1.
2C:20-28. Property or services between $200 and $500; degree of crime
a. Theft under section 4 of this act [FN1] 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.
1990 Pocket Part Credit(s)
L.1984, c. 184, s 7.
[FN1] Section 2C:20-25.
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
1990 Pocket Part Historical and Statutory Notes
Effective and operative dates, see note under s 2C:20-1.
2C:20-29. Property or services of $200 or less; disorderly persons offense
a. Theft under section 4 of this act [FN1] 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.
1990 Pocket Part Credit(s)
L.1984, c. 184, s 8.
[FN1] Section 2C:20-25.
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
1990 Pocket Part Historical and Statutory Notes
Effective and operative dates, see note under s 2C:20-1.
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.
1990 Pocket Part Credit(s)
L.1984, c. 184, s 10.
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
1990 Pocket Part Historical and Statutory Notes
Effective and operative dates, see note under s 2C:20-1.
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.
1990 Pocket Part Credit(s)
L.1984, c. 184, s 11.
HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
1990 Pocket Part Historical and Statutory Notes
Effective and operative dates, see note under s 2C:20-1.
