76-6-703. Computer crimes and penalties.

(1) A person who without authorization gains or attempts to gain
access to and alters, damages, destroys, discloses, or modifies any
computer, computer network, computer property, computer system, computer
program, computer data or software, and thereby causes damage to another, or
obtains money, property, information, or a benefit for any person without
legal right, is guilty of:
(a) a class B misdemeanor when:
(i) the damage caused or the value of the money, property, or
benefit obtained or sought to be obtained is less than $300; or
(ii) the information obtained is not confidential;
(b) a class A misdemeanor when the damage caused or the value of the
money, property, or benefit obtained or sought to be obtained is or exceeds
$300 but is less than $1,000;
(c) a third degree felony when the damage caused or the value of the
money, property, or benefit obtained or sought to be obtained is or exceeds
$1,000 but is less than $5,000;
(d) a second degree felony when the damage caused or the value of
the money, property, or benefit obtained or sought to be obtained is or
exceeds $5,000; or
(e) a third degree felony when:
(i) the property or benefit obtained or sought to be obtained is a
license or entitlement;
(ii) the damage is to the license or entitlement of another person;
or
(iii) the information obtained is confidential; or
(iv) in gaining access the person breaches or breaks through a
security system.
(2) (a) Except as provided in Subsection (2)(b), a person who
intentionally or knowingly and without authorization gains or attempts to
gain access to a computer, computer network, computer property, or computer
system under circumstances not otherwise constituting an offense under this
section is guilty of a class B misdemeanor.
(b) Notwithstanding Subsection (2)(a), a retailer that uses an
electronic product identification or tracking system, or other technology to
identify, track, or price goods is not guilty of a violation of Subsection
(2)(a) if the equipment designed to read the electronic product
identification or tracking system data and used by the retailer to identify,
track, or price goods is located within the retailer's location.
(3) A person who uses or knowingly allows another person to use any
computer, computer network, computer property, or computer system, program,
or software to devise or execute any artifice or scheme to defraud or to
obtain money, property, services, or other things of value by false
pretenses, promises, or representations, is guilty of an offense based on
the value of the money, property, services, or things of value, in the
degree set forth in Subsection 76-10-1801(1).
(4) A person who intentionally or knowingly and without
authorization, interferes with or interrupts computer services to another
authorized to receive the services is guilty of a class A misdemeanor.
(5) It is an affirmative defense to Subsections (1) and (2) that a
person obtained access or attempted to obtain access in response to, and for
the purpose of protecting against or investigating, a prior attempted or
successful breach of security of a computer, computer network, computer
property, computer system whose security the person is authorized or
entitled to protect, and the access attempted or obtained was no greater
than reasonably necessary for that purpose.

Amended by Chapter 72, 2005 General Session