Vermont Statutes Title 13 Sec. 4105
Terms Used In Vermont Statutes Title 13 Sec. 4105
- Computer: means an electronic device which performs logical, arithmetic, and memory functions by the manipulations of electronic, photonic or magnetic impulses, and includes all input, output, processing, storage, software, or communications facilities which are connected or related to such a device in a system or network, including devices available to the public for limited or designated use or other devices used to access or connect to such a system or network. See
- Computer network: means the interconnection of remote user terminals with a computer through communications lines, or a complex consisting of two or more interconnected computers. See
- Computer program: means a series of instructions or statements or related data that, in actual or modified form, is capable of causing a computer or a computer system to perform specified functions in a form acceptable to a computer, that permits the functioning of a computer system in a manner designed to provide appropriate products from such computer system. See
- Computer software: means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer system. See
- Computer system: means a set of connected computer equipment, devices and software. See
- Data: means any representation of information, knowledge, facts, concepts, or instructions that are being prepared or have been prepared and are intended to be entered, processed, or stored, are being entered, processed, or stored, or have been entered, processed, or stored in a computer, computer system, or computer network. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
§ 4105. Theft or destruction
(a)(1) A person shall not intentionally and without claim of right deprive the owner of possession, take, transfer, copy, conceal, or retain possession of, or intentionally and without lawful authority, destroy any computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer network.
(2) Copying a commercially available computer program or computer software is not a crime under this section, provided that the computer program and computer software has a retail value of $500.00 or less and is not copied for resale.
(b) Penalties. A person convicted of violating this section shall be:
(1) if the damage or loss does not exceed $500.00 for a first offense, imprisoned not more than one year or fined not more than $5,000.00, or both;
(2) if the damage or loss does not exceed $500.00 for a second or subsequent offense, imprisoned not more than two years or fined not more than $10,000.00, or both; or
(3) if the damage or loss exceeds $500.00, imprisoned not more than 10 years or fined not more than $25,000.00, or both. (Added 1999, No. 35, § 1; amended 2013, No. 199 (Adj. Sess.), § 15.)