{"id":373435,"date":"2016-03-31T21:35:19","date_gmt":"2016-04-01T02:35:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/kansas-law\/kansas-computer-crimes-laws.html"},"modified":"2016-06-20T19:49:10","modified_gmt":"2016-06-21T00:49:10","slug":"kansas-computer-crimes-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/kansas-law\/kansas-computer-crimes-laws.html","title":{"rendered":"Kansas Computer Crimes Laws"},"content":{"rendered":"\n
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Kansas Computer Crimes Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

As technology, especially computers and electronic information, becomes an ever-increasing part of our everyday work and personal lives, computer crimes<\/a> also become a common problem. States across the nation, including Kansas, have developed laws to address computer and Internet-based crimes, from online scams<\/a> to cyberbullying<\/a>. For example, in Kansas it\u2019s illegal to log into another person\u2019s Facebook page without his or her permission, even to play what you think is a funny prank.<\/p>\n

The chart below outlines the main computer crime laws<\/a> in Kansas.<\/p>\n\n
Code Section<\/b><\/td>\nKansas Statutes Section 21-5839: Unlawful Acts Concerning Computers<\/a><\/td>\n<\/tr>
What is Prohibited?<\/b><\/td>\nSeveral computer-related activities are unlawful in Kansas:
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  • Computer Crime <\/u>\u2013 Knowingly and without authorization or exceeding the limits of authorization damaging, modifying, destroying, copying, disclosing, or taking possession of a computer, computer system, computer network, or any other computer-related property<\/li>\n
  • Fraud Using a Computer<\/u> \u2013 Using a computer, system, or network to hatch or execute a scheme with the intent to defraud or obtain anything of value by means of fraudulent representation<\/li>\n
  • Password Disclosure<\/u> \u2013 Knowingly and without authorization disclosing a number, code, password, or other means of accessing a computer, network, or any personal electronic content<\/li>\n
  • Computer Trespass<\/u> \u2013 Knowingly and without authorization accessing or attempting to access any computer, system, social networking website, network, software, program, or data in any computer, system or network<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Penalty<\/b><\/td>\nThe penalty varies based on the type of computer crime committed and the monetary loss of the victim(s). Criminal computer trespass and computer password disclosure are class A non-person misdemeanors. A \u201cnon-person\u201d crime is distinguished from a \u201cperson\u201d crime where an individual was harmed directly, such as an assault or rape. This type of misdemeanor is punished by up to one year in jail<\/a> and a $2,500 fine<\/a>.
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\nComputer crime and fraud using a computer are severity level 8 nonperson felony. Kansas uses a sentencing grid<\/a> that distinguishes between \u201cperson\u201d and \u201cnonperson\u201d crimes, as well as \u201cdrug\u201d and \u201cnon-drug\u201d crimes. The grid uses your prior convictions and the level of your current crime to determine the appropriate sentence. For this level, the range is 7 to 23 months, and defendants are likely to receive probation<\/a>.
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\nHowever, if a defendant causes over $100,000 in damage to the victim(s), then it\u2019s a level 5 nonperson felony. The range for this crime is about 2.5 years to over 11 years and prison time is likely.<\/td>\n<\/tr>
Mental State Required for Prosecution<\/b><\/td>\nA defendant must knowingly<\/a> commit the computer crimes listed above. If you wrote down your mom\u2019s bank account password on a post-it note to help her transfer money, then it was stolen and used by a third party, you couldn\u2019t be charged with password disclosure.
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\nHowever, it\u2019s unwise to write down important passwords and keep them in easily accessible areas. For more on how to prevent this and identity theft, read these tips<\/a>.<\/td>\n<\/tr>
Attempted Computer Crimes<\/b><\/td>\nAn attempted<\/a> computer crime is also considered a crime in Kansas.<\/td>\n<\/tr>
Civil Lawsuits<\/b><\/td>\nUnfortunately, victims of computer crime aren\u2019t given an explicit right to sue for this crime, although some loses may be covered by other laws and\/or your insurance policy. For questions, talk to a Kansas lawyer<\/a> with experience in internet and computer crimes.<\/td>\n<\/tr><\/tbody><\/table>\n

Note:<\/i><\/b> Because Kansas and other state laws are constantly changing, you should contact a lawyer or conduct your own legal research to verify these criminal laws.<\/i><\/p>\n

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