Minnesota Legislature
HF 3209
as introduced - 90th Legislature (2017 - 2018) Posted on 03/01/2018 03:20pm
Current Version - as introduced
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A bill for an act
relating to public safety; expanding crime of unauthorized computer access to
include accessing a computer without penetrating security system; amending
Minnesota Statutes 2016, section 609.891.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 609.891, is amended to read:
609.891 UNAUTHORIZED COMPUTER ACCESS.
Subdivision 1.
Crime.
A person is guilty of unauthorized computer access if the person
intentionally and without authorization attempts to or doesnew text begin :
new text end
new text begin (1)new text end penetrate a computer security systemnew text begin ; or
new text end
new text begin (2) access an unsecured computer that contains personal datanew text end .
Subd. 2.
Felony.
(a) A person who violates subdivision 1new text begin , clause (1),new text end in a manner that
creates a grave risk of causing the death of a person is guilty of a felony and may be sentenced
to imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
or both.
(b) A person who is convicted of a second or subsequent gross misdemeanor violation
of subdivision 1new text begin , clause (1),new text end is guilty of a felony and may be sentenced under paragraph (a).
Subd. 3.
Gross misdemeanor.
(a) A person who violates subdivision 1new text begin , clause (1),new text end in
a manner that creates a risk to public health and safety is guilty of a gross misdemeanor and
may be sentenced to imprisonment for a term of not more than one year or to payment of
a fine of not more than $3,000, or both.
(b) A person who violates subdivision 1new text begin , clause (1),new text end in a manner that compromises the
security of data that are protected under section 609.52, subdivision 2, clause (8), or are not
public data as defined in section 13.02, subdivision 8a, is guilty of a gross misdemeanor
and may be sentenced under paragraph (a).
(c) A person who violates subdivision 1new text begin , clause (1),new text end and gains access to personal data is
guilty of a gross misdemeanor and may be sentenced under paragraph (a).
(d) A person who is convicted of a second or subsequent misdemeanor violation of
subdivision 1 within five years is guilty of a gross misdemeanor and may be sentenced
under paragraph (a).
Subd. 4.
Misdemeanor.
A person who violates subdivision 1 is guilty of a misdemeanor
and may be sentenced to imprisonment for a term of not more than 90 days or to payment
of a fine of not more than $1,000, or both.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2018, and applies to crimes
committed on or after that date.
new text end