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Terms Used In Vermont Statutes Title 13 Sec. 4103

  • Access: means to instruct, communicate with, store data in, enter data in, retrieve data from, or otherwise make use of any resources of a computer, computer system, or computer network. See
  • Computer: means an electronic device which performs logical, arithmetic, and memory functions by the manipulations of electronic, photonic 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, including devices available to the public for limited or designated use or other devices used to access or connect to such a system or network. See
  • Computer network: means the interconnection of remote user terminals with a computer through communications lines, or a complex consisting of two or more interconnected computers. See
  • Computer system: means a set of connected computer equipment, devices and software. See
  • Data: means any representation of information, knowledge, facts, concepts, or instructions that are being prepared or have been prepared and are intended to be entered, processed, or stored, are being entered, processed, or stored, or have been entered, processed, or stored in a computer, computer system, or computer network. See
  • following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Property: includes electronically produced data, and computer software and programs in either machine or human readable form, and any other tangible or intangible item of value. See
  • Services: includes computer time, data processing, and storage functions. See

§ 4103. Access to computer for fraudulent purposes

(a) A person shall not intentionally and without lawful authority access or cause to be accessed any computer, computer system, or computer network for any of the following purposes:

(1) executing any scheme or artifice to defraud;

(2) obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises; or

(3) in connection with any scheme or artifice to defraud, damaging, destroying, altering, deleting, copying, retrieving, interfering with or denial of access to, or removing any program or data contained therein.

(b) Penalties. A person convicted of the crime of access to computer for fraudulent purposes shall be:

(1) if the value of the matter involved does not exceed $500.00, imprisoned not more than one year or fined not more than $500.00, or both;

(2) if the value of the matter involved does not exceed $500.00, for a second or subsequent offense, imprisoned not more than two years or fined not more than $1,000.00, or both; or

(3) if the value of the matter involved exceeds $500.00, imprisoned not more than 10 years or fined not more than $10,000.00, or both. (Added 1999, No. 35, § 1.)