New Hampshire Revised Statutes 638:18 – Computer Crime Penalties
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I. Computer crime constitutes a class A felony if the damage to or the value of the property or computer services exceeds $1,500, or if the person has previously been convicted of violating N.H. Rev. Stat. § 638:17, II, IV, or VI, or any other statute prohibiting the same conduct in another state, territory, or possession of the United States.
II. Computer crime constitutes a class B felony if:
For details, see N.H. Rev. Stat. 651:2
(a) The damage to or the value of the property or computer services exceeds $1,000 but is not more than $1,500;
(b) The person recklessly engages in conduct which creates a risk of serious physical injury to another person; or
(c) The person is guilty of violating N.H. Rev. Stat. § 638:17, II, IV, or VI.
III. Computer crime is a misdemeanor if the damage to or the value of the property or computer services, if any, is $1,000 or less.
IV. If a person has gained money, property, or services or other consideration through the commission of any offense under N.H. Rev. Stat. § 638:17, upon conviction thereof, the court, in addition to any sentence of imprisonment or other form of sentence authorized by RSA 651, may, in lieu of imposing a fine, sentence the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant’s gain from the commission of such offense. In such case, the court shall make a finding as to the amount of the defendant’s gain from the offense and, if the record does not contain sufficient evidence to support such finding, the court may conduct a hearing upon the issue. For the purpose of this section, “gain” means the amount of money or the value of property or computer services or other consideration derived.
V. For the purposes of this section:
(a) The value of property or computer services shall be:
(1) The market value of the property or computer services at the time of the violation; or
(2) If the property or computer services are unrecoverable, damaged, or destroyed as a result of a violation of N.H. Rev. Stat. § 638:17 the cost of reproducing or replacing the property or computer services at the time of the violation.
(b) Amounts included in violations of N.H. Rev. Stat. § 638:17 committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
(c) When the value of the property or computer services or damage thereto cannot be satisfactorily ascertained, the value shall be deemed to be $500.
II. Computer crime constitutes a class B felony if:
Attorney's Note
Under the New Hampshire Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | up to 15 years | up to $4,000 |
| Class B felony | up to 7 years | up to $4,000 |
Terms Used In New Hampshire Revised Statutes 638:18
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Statute: A law passed by a legislature.
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
(a) The damage to or the value of the property or computer services exceeds $1,000 but is not more than $1,500;
(b) The person recklessly engages in conduct which creates a risk of serious physical injury to another person; or
(c) The person is guilty of violating N.H. Rev. Stat. § 638:17, II, IV, or VI.
III. Computer crime is a misdemeanor if the damage to or the value of the property or computer services, if any, is $1,000 or less.
IV. If a person has gained money, property, or services or other consideration through the commission of any offense under N.H. Rev. Stat. § 638:17, upon conviction thereof, the court, in addition to any sentence of imprisonment or other form of sentence authorized by RSA 651, may, in lieu of imposing a fine, sentence the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant’s gain from the commission of such offense. In such case, the court shall make a finding as to the amount of the defendant’s gain from the offense and, if the record does not contain sufficient evidence to support such finding, the court may conduct a hearing upon the issue. For the purpose of this section, “gain” means the amount of money or the value of property or computer services or other consideration derived.
V. For the purposes of this section:
(a) The value of property or computer services shall be:
(1) The market value of the property or computer services at the time of the violation; or
(2) If the property or computer services are unrecoverable, damaged, or destroyed as a result of a violation of N.H. Rev. Stat. § 638:17 the cost of reproducing or replacing the property or computer services at the time of the violation.
(b) Amounts included in violations of N.H. Rev. Stat. § 638:17 committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
(c) When the value of the property or computer services or damage thereto cannot be satisfactorily ascertained, the value shall be deemed to be $500.