Computer Law - State of Wisconsin Statute

Chapter 293, Laws of 1981

943.70 Computer crimes.

(1) DEFINITIONS. In this section:

(a) "Computer" means an electronic device that performs logical, arithmetic and memory functions by manipulating electronic or magnetic impulses, and includes all input, output, processing, storage, computer software and communication facilities that are connected or related to a computer in a computer system or computer network.

(b) "Computer network" means the interconnection of communication lines with a computer through remote terminals or a complex consisting of 2 or more interconnected computers.

(c) "Computer program" means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data.

(d) "Computer software" means a set of computer programs, procedures or associated documentation used in the operation of a computer system.

(dm) "Computer supplies" means punchcards, paper tape, magnetic tape, disk packs, diskettes and computer output, including paper and microform.

(e) "Computer system" means a set of related computer equipment, hardware or software.

(f) "Data" means a representation of information, knowledge, facts, concepts or instructions that has been prepared or is being prepared in a formalized manner and has been processed, is being processed or is intended to be processed in a computer system or computer network. Data may be in any form including computer printouts, magnetic storage media, punched cards and as stored in the memory of the computer. Data are property.

(g) "Financial instrument" includes any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or credit card, transaction authorization mechanism, marketable security and any computer representation of them.

(h) "Property" means anything of value, including but not limited to financial instruments, information, electronically produced data, computer software and computer programs. (i) "Supporting documentation" means all documentation used in the computer system in the construction, clarification, implementation, use or modification of the software or data.

(2) OFFENSES AGAINST COMPUTER DATA AND PROGRAMS.

(a) Whoever willfully, knowingly and without authorization does any of the following may be penalized as provided in par. (b):

1. Modifies data, computer programs or supporting documentation.

2. Destroys data, computer programs or supporting documentation.

3. Accesses data, computer programs or supporting documentation.

4. Takes possession of data, computer programs or supporting documentation.

5. Copies data, computer programs or supporting documentation.

6. Discloses restricted access codes or other restricted access information to unauthorized person.

(b) Whoever violates this subsection is guilty of:

1. A Class A misdemeanor unless subd. 2, 3 or 4 applies.

2. A Class E felony if the offense is committed to defraud or to obtain property.

3. A Class D felony if the damage is greater than $2,500 or if it causes an interruption or impairment of governmental operations or public communication, of transportation or of a supply of water, gas or other public service.

4. A Class C felony if the offense creates a situation of unreasonable risk and high probability of death or great bodily harm to another.

(3) OFFENSES AGAINST COMPUTERS, COMPUTER EQUIPMENT OR SUPPLIES.

(a) Whoever willingly, knowingly and without authorization does any of the following may be penalized as provided in par. (b):

1. Modifies computer equipment or supplies that are used or intended to be used in a computer, computer system or computer network.

2. Destroys, uses, takes or damages a computer, computer system, computer, network or equipment or supplies used or intended to be used in a computer, computer system, or computer network.

(b) Whoever violates this subsection is guilty of:

1. A Class A misdemeanor unless sub. 2,3 or 4 applies.

2. A Class E felony if the offense is committed to defraud or obtain property.

3. A Class D felony if the damage to the computer, computer system, computer network, equipment or supplies is greater than $2,500.

4. A Class C felony if the offense creates a situation of unreasonable risk and high probability of death or great bodily harm to another.

* Penalties for Infractions--

939.50(3) Penalties for felonies are as follows:

(a) For a Class A felony, life imprisonment.

(b) For a Class B felony, imprisonment not to exceed 20 years.

(c) For a Class C felony, a fine not to exceed $10,000 or imprisonment not to exceed 10 year, or both.

(d) For a Class D felony, a fine not to exceed $10,000 or imprisonment not to exceed 5 year, or both.

(e) For a Class E felony, a fine not to exceed $10,000 or imprisonment not to exceed 2 year, or both.

939.51(3) Penalties for misdemeanors are as follows: (a) For a Class A misdemeanor, a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both. (b) For a Class B misdemeanor, a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both. (c) For a Class C misdemeanor, a fine not to exceed $500 or imprisonment not to exceed 30 days, or both.


Last updated 97/03/18
J.A.N. Lee.