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Business and Commercial Offenses

1984

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§ 11.81.900. DEFINITIONS

(b) In this title, unless otherwise specified or unless the context requires otherwise, * * *

(b)(45) "property" means an article, substance, or thing of value, including money, tangible and intangible personal property including data or information stored in a computer program, system, or network * * *.

(51) "services" includes * * * a computer program, a computer network, or any part of a computer system or network, and the supplying of equipment for use.

§ 11.46.990. DEFINITIONS

In this chapter, unless the context requires otherwise,

(1) "access" means to instruct, communicate with, store data in, retrieve data from, or otherwise obtain the ability to use the resources of a computer, computer system, computer network, or any part of a computer system or network; * * *

(3) "computer" means an electronic device that performs logical, arithmetic, and memory functions by the manipulation of electronic, optical or magnetic impulses, and includes all input, output, processing, storage, computer software, and communication facilities that are connected or related to a computer;

(4) "computer network" means an interconnection, including by microwave or other means of electronic or optical communication, of two or more computer systems, or between computers and remote terminals;

(5) "computer program" means an ordered set of instructions or statements, and related information that, when automatically executed in actual or modified form in a computer system, causes it to perform specified functions;

(6) "computer system" means a set of related computer equipment, devices and software;

(7) "data" includes a representation of information, knowledge, facts, concepts, or instructions, that is being prepared or has been prepared in a formalized manner and is used or intended for use in a computer, computer system, or computer network; * * *

OFFENSES: § 11.46.200. THEFT OF SERVICES

§ 11.46.740. Criminal use of computer

ELEMENTS: § 11.46.200. THEFT OF SERVICES

(a) A person commits theft of services if * * *

(3) the person obtains the use of computer time, a computer system, a computer program, a computer network, or any part of a computer system or network, with reckless disregard that the use by that person is unauthorized.

§ 11.46.740. Criminal use of computer

(a) A person commits the offense of criminal use of a computer if, having no right to do so or any reasonable ground to believe the person has such a right, the person knowingly accesses or causes to be accessed a computer, computer system, computer program, computer network, or any part of a computer system or network, and as a result of that access (1) obtains information concerning a person; or (2) introduces false information into a computer, computer system, or computer network with the intent to damage or enhance the data record of a person.

PENALTIES: § 11.46.740. Criminal use of computer

(b) Criminal use of a computer is a Class C felony.

VENUE:		Not stated.
CIVIL REMEDY:	No reference to civil remedy.
DEFENSE:	§ 11.46.985.  DECEIVING A MACHINE  
In a prosecution under this chapter for an offense that 
requires "deception" as an element, it is not a defense that 
the defendant deceived or attempted to deceive a machine.  
For purposes of this section, "machine" includes a vending 
machine, computer, turnstile, or automated teller machine.  
CITATION:	Alaska Statutes § 11.46.200; § 11.46.740; § 
11.46.985; § 11.46.990; § 11.81.900.
SOURCE:	§§ 1, 4, 5, ch. 79 SLA 1984 [§ 11.46.200(a)(3); 
§ 11.46.990(1)(3)-(7); § 11.81.900(b)(51)]; § 3 ch 79 SLA 
1984 [§11.46.740]; 881 4 ch 166 SLA 1978 [§ 11.46.985]; § 10 
ch. 166 SLA 1978 [§ 11.81.900(b)(45)].
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