Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                         CHAPTER 95-H.F.No. 22 
           An act relating to crimes; prohibiting unauthorized 
          access to computers; imposing penalties; amending 
          Minnesota Statutes 1988, sections 609.531, subdivision 
          1; and 609.87, subdivision 1, and by adding a 
          subdivision; proposing coding for new law in Minnesota 
          Statutes, chapter 609. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 609.531, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
609.531 to 609.5316, the following terms have the meanings given 
them.  
     (a) "Conveyance device" means a device used for 
transportation and includes, but is not limited to, a motor 
vehicle, trailer, snowmobile, airplane, and vessel and any 
equipment attached to it.  The term "conveyance device" does not 
include property which is, in fact, itself stolen or taken in 
violation of the law.  
     (b) "Weapon used" means a weapon used in the furtherance of 
a crime and defined as a dangerous weapon under section 609.02, 
subdivision 6.  
     (c) "Property" means property as defined in section 609.52, 
subdivision 1, clause (1).  
     (d) "Contraband" means property which is illegal to possess 
under Minnesota law.  
     (e) "Appropriate agency" means the bureau of criminal 
apprehension, the Minnesota state patrol, a county sheriff's 
department, or a city or airport police department.  
     (f) "Designated offense" includes:  
     (1) For weapons used:  any violation of this chapter; 
     (2) For all other purposes:  a felony violation of, or a 
felony-level attempt or conspiracy to violate, section 609.185; 
609.19; 609.195; 609.21; 609.221; 609.222; 609.223; 609.2231; 
609.24; 609.245; 609.25; 609.255; 609.322, subdivision 1 or 2; 
609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
(e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
609.52; 609.525; 609.53; 609.54; 609.551; 609.561; 609.562; 
609.563; 609.582; 609.59; 609.595; 609.631; 609.671, 
subdivisions 3, 4, and 5; 609.687; 609.821; 609.825; 609.86; 
609.88; 609.89; or 617.246; or a gross misdemeanor or felony 
violation of section 4.  
    (g) "Controlled substance" has the meaning given in section 
152.01, subdivision 4.  
    Sec. 2.  Minnesota Statutes 1988, section 609.87, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPLICABILITY.] For purposes of sections 
609.87 to 609.89, and section 4, the terms defined in this 
section have the meanings given them.  
    Sec. 3.  Minnesota Statutes 1988, section 609.87, is 
amended by adding a subdivision to read: 
    Subd. 11.  [COMPUTER SECURITY SYSTEM.] "Computer security 
system" means a software program or computer device that: 
    (1) is intended to protect the confidentiality and secrecy 
of data and information stored in or accessible through the 
computer system; and 
    (2) displays a conspicuous warning to a user that the user 
is entering a secure system, or requires a person seeking access 
to knowingly respond by use of an authorized code to the program 
or device in order to gain access. 
    Sec. 4.  [609.891] [UNAUTHORIZED COMPUTER ACCESS.] 
    Subdivision 1.  [CRIME.] A person is guilty of unauthorized 
computer access if the person intentionally and without 
authority attempts to or does penetrate a computer security 
system. 
    Subd. 2.  [FELONY.] (a) A person who violates subdivision 1 
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 a term of 
imprisonment of 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 1 is guilty of a 
felony and may be sentenced under paragraph (a). 
    Subd. 3.  [GROSS MISDEMEANOR.] (a) A person who violates 
subdivision 1 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 1 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 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 $700, or both. 
    Sec. 5.  [EFFECTIVE DATE.] 
    Sections 1 to 4 are effective August 1, 1989, and apply to 
crimes committed on or after that date. 
    Presented to the governor May 5, 1989 
    Signed by the governor May 9, 1989, 12:16 p.m.