63D-3-104.  Prohibited acts.

(1)  An unauthorized user of a protected computer may not, knowingly and with intent to cause harm or damage:

Terms Used In Utah Code 63D-3-104

  • Computer: includes any data storage device, data storage facility, or communications facility that is directly related to or that operates in conjunction with the device described in Subsection (2)(a). See Utah Code 63D-3-102
  • Damage: includes :
(i) the cost of repairing or restoring a protected computer;
(ii) economic damages;
(iii) consequential damages, including interruption of service; and
(iv) profit by the individual from the unauthorized access to the protected computer. See Utah Code 63D-3-102
  • Harm: means any impairment to the integrity, access, or availability of:
    (a) data;
    (b) a program;
    (c) a system; or
    (d) information. See Utah Code 63D-3-102
  • Owner: means a person who:
    (a) owns or leases a protected computer; or
    (b) owns the information stored in a protected computer. See Utah Code 63D-3-102
  • Protected computer: means a computer that:
    (i) is used in connection with the operation of a business, state government entity, or political subdivision; and
    (ii) requires a technological access barrier for an individual to access the computer. See Utah Code 63D-3-102
  • Technological access barrier: means a password, security code, token, key fob, access device, or other digital security measure. See Utah Code 63D-3-102
  • Unauthorized user: means an individual who, for a protected computer:
    (a) is not an authorized user of the protected computer; and
    (b) accesses the protected computer by:
    (i) obtaining, without an authorized user's permission, the authorized user's technological access barrier; or
    (ii) circumventing, without the permission of the protected computer's owner, a technological access barrier on the protected computer. See Utah Code 63D-3-102
    (a)  obtain information from the protected computer and, as a result, cause harm or damage;

    (b)  cause the transmission of a program, code, or command to the protected computer, and, as a result of the transmission, cause harm or loss; or

    (c)  traffic in any technological access barrier that an unauthorized user could use to access the protected computer.

    (2)  An individual who violates Subsection (1) is liable to a protected computer’s owner in a civil action for the remedies described in Section 63D-3-105.

    Enacted by Chapter 209, 2016 General Session