Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
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All states have laws prohibiting unauthorized access to a computer or network for the commission of theft, fraud, or cyber-vandalism. Offenses that involve fraud -- particularly when a large sum of money is involved -- usually have the stiffest penalties upon conviction. While identity theft is often committed with the help of a computer, it is not considered a computer crime, since it may also be committed in other ways that don't involve computers.
North Dakota classifies computer crime and computer fraud as separate crimes. A computer crime is to gain unauthorized access of a computer or network to alter, cause damage to, introduce virus to, or otherwise affect that computer or network; while a computer fraud is the use of a computer or network to deceive and defraud another.
See the following chart for more details about the North Dakota computer crime statute. See FindLaw's Cyber Crimes section for related articles and resources.
| Code Section | 12.1-06.1-08 |
| Statutory Definitions | A person commits computer crime by intentionally and either in excess of authorization given or without authorization gaining or attempting to gain access to, altering, damaging, modifying, copying, disclosing, taking possession of, introducing a computer contaminant into, destroying, or preventing the authorized use of any computer, computer system, or computer network, or any computer software, program, or data contained in such the computer, computer system, or computer network. A person commits computer fraud by gaining or attempting to gain access to, altering, damaging, modifying, copying, disclosing, taking possession of, or destroying any computer, computer system, computer network, or any part of such the computer, system, or network, without authorization, and with the intent to devise or execute any scheme or artifice to defraud, deceive, prevent the authorized use of, or control property or services by means of false or fraudulent pretenses, representations, or promises. |
| Mental State Required for Prosecution | Intentionally |
| Misdemeanor Computer Crimes | Computer crime is a class A misdemeanor |
| Felony Computer Crimes | Computer fraud is a class C felony |
| Attempt Considered a Crime? | Yes |
| Civil Lawsuit Permitted? | Yes |
Note: State laws are always subject to change at any time, usually through the enactment of new legislation but sometimes through judicial actions or other means. You may want to contact a North Dakota criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
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