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HF 462

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/28/2021 02:20pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/28/2021

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 2020, section 609.891.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, 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 system deleted text beginordeleted text endnew text begin;
new text end

new text begin (2) penetrate annew text end electronic terminaldeleted text begin.deleted text endnew text begin; or
new text end

new text begin (3) access an unsecured computer that contains personal data.
new text end

Subd. 2.

Felony.

(a) A person who violates subdivision 1new text begin, clause (1) or (2),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) or (2),new text end is guilty of a felony and may be sentenced under paragraph
(a).

(c) A person who violates subdivision 1new text begin, clause (2),new text end by accessing, or attempting to access,
an electronic terminal through opening any panel or access door without authorization and
placing or attaching, or attempting to place or attach, an electronic device to capture, store,
or communicate access device information is guilty of a felony.

Subd. 3.

Gross misdemeanor.

(a) A person who violates subdivision 1new text begin, clause (1) or
(2),
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) or (2),new text end in a manner that compromises
the security of data that are protected under section 609.52, subdivision 2, paragraph (a),
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) or (2),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 1new text begin, clause (1) or (2),new text end within five years is guilty of a gross misdemeanor and may
be sentenced under paragraph (a).

(e) A person who violates subdivision 1new text begin, clause (2),new text end by accessing, or attempting to access,
an electronic terminal through opening, or attempting to open, any panel or access door
without authorization 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, 2021, and applies to crimes
committed on or after that date.
new text end