Bill No.:         HB0178                                             Drafter: DKG

LSO No.:       14LSO-0417                                     Effective Date: 7/1/2014

Enrolled Act No.:    HEA0048

Chapter No.:                        CH0073

Prime Sponsor:       Representative Nicholas, B.

Catch Title:              Computer trespass.

Subject:                     Creates the criminal and civil offenses of computer trespass.

Summary/Major Elements:

· This act creates the criminal offense of computer trespass and provides for a civil action for computer trespass.

· A person commits the criminal offense of computer trespass if he, knowingly, without authorization and with intent to damage or cause damage, transfers, sends electronically or causes to send into a computer, computer system or network any data, program or other information which damages or causes damage to that computer, computer system or network.

· The criminal offense is a misdemeanor if the resulting damages are less than $10,000, punishable by up to 6 months in prison, a fine of not more than $750, or both.  If the resulting damages are more than $10,000, the criminal offense is a felony, punishable by up to 10 years in prison, a fine of not more than $10,000, or both.

· A person that commits civil trespass may be liable for all damages incurred and the cost of litigation, including the cost of identifying the trespasser and obtaining appropriate service.

· This act provides an exception for common carriers, internet service providers or other persons supplying the internet services when the trespass is the result of another.