272 1997 Session Laws of Kansas Ch. 66
An Act concerning crimes, punishment and criminal procedure;
relating to certain crimes
involving information and computers; amending K.S.A. 21-3755 and K.S.A. 1996 Supp.
21-3711 and repealing the existing sections.
Be it enacted by the Legislature of the State of
Section 1. K.S.A. 1996 Supp. 21-3711 is hereby amended to read
Ch. 66 1997 Session Laws of Kansas 273
follows: 21-3711. Making
, generating, distributing
a false information is
making, generating, distributing or drawing, or causing to be made, gen-
erated, distributed or drawn, any written instrument, electronic data or
entry in a book of account with knowledge that such information falsely
states or represents some material matter or is not what it purports to be,
and with intent to defraud, obstruct the detection of a theft or felony
offense or induce official action.
a false information is a severity level
8, nonperson felony.
Sec. 2. K.S.A. 21-3755 is hereby amended to read as follows:
3755. (a) As used in this section
, the following words and
have the meanings respectively ascribed thereto
(1) ``Access'' means to
communicate with, store
data in, retrieve data from
, or otherwise make use
of any resources of a
computer, computer system or computer network.
(2) ``Computer'' means an electronic device which performs work
ing programmed instruction and which has one or more of the capabilities
of storage, logic, arithmetic or communication and includes all input,
output, processing, storage, software or communication facilities which
are connected or related to such a device in a system or network.
(3) ``Computer network'' means the interconnection of
tion lines, including microwave or other means of electronic communi-
cation, with a computer through remote terminals, or a complex consist-
ing of two or more interconnected computers.
(4) ``Computer program'' means a series of instructions or
in a form acceptable to a computer which permits the functioning of a
computer system in a manner designed to provide appropriate products
from such computer system.
(5) ``Computer software'' means computer programs, procedures
associated documentation concerned with the operation of a computer
(6) ``Computer system'' means a set of related computer
or devices and computer software which may be connected or uncon-
(7) ``Financial instrument'' means any check, draft, money
tificate of deposit, letter of credit, bill of exchange, credit card, debit card
or marketable security.
(8) ``Property'' includes, but is not limited to, financial
information, electronically produced or stored data, supporting docu-
mentation and computer software in either machine or human readable
(9) ``Services'' includes, but is not limited to, computer time,
processing and storage functions and other uses of a computer, computer
system or computer network to perform useful work.
(10) ``Supporting documentation'' includes, but is not limited
274 1997 Session Laws of Kansas Ch. 66
documentation used in the construction, classification,
use or modification of computer software, computer programs or data.
(b) (1) Computer crime is:
(1) (A) Intentionally and without
authorization gaining or attempting accessing and damaging,
modifying, altering, destroying,
to gain access to
copying, disclosing or taking possession of a computer, computer system,
computer network or any other property;
(2) (B) using a computer, computer
system, computer network or any
other property for the purpose of devising or executing a scheme or ar-
tifice with the intent to defraud or for the purpose of obtaining money,
property, services or any other thing of value by means of false or fraud-
ulent pretense or representation; or
(3) (C) intentionally exceeding the
limits of authorization and dam-
aging, modifying, altering, destroying, copying, disclosing or taking pos-
session of a computer, computer system, computer network or any other
(c) (1) (2) Computer crime which
causes a loss of the value of less
than $500 is a class A nonperson misdemeanor.
(2) Computer crime which causes a loss of the value of
at least $500
but less than $25,000 is a severity level 9, nonperson felony.
(3) Computer crime which causes a loss of the value of
$25,000 or is a
severity level 8, nonperson
more is a severity level 7, nonperson felony
(d) (3) In any prosecution for computer
crime, it is a defense that the
property or services were appropriated openly and avowedly under a
claim of title made in good faith.
(c) (1) Computer password disclosure is the unauthorized and
tional disclosure of a number, code, password or other means of access to
a computer or computer network.
(2) Computer password disclosure is a class A nonperson
(e) Criminal computer access (d) Computer
trespass is intention-
fraudulently and without authorization
gaining or attempting to gain accessing or attempting to access any
computer, computer sys-
tem, computer network or
to any computer software,
mentation, data or property contained in any computer, computer system
or computer network.
Criminal computer access
Computer trespass is a
class A nonperson misdemeanor.
(f) (e) This section shall be part of
and supplemental to the Kansas
Sec. 3. K.S.A. 21-3755 and K.S.A. 1996 Supp. 21-3711 are
Ch. 66 1997 Session Laws of Kansas 275
Sec. 4. This act shall take effect and be in force from and
publication in the statute book.
Approved April 7, 1997.