U.S state laws identity a number of different crimes that can be committed with a computeror by those that have access to a network. Computer crimes may include:
- Improperly accessing a computer, system, or network;
- Introducing a virus or other contaminant into a computer system;
- Modifying, damaging, using, disclosing, copying, or taking programs or data;
- Using a computer in a scheme to defraud;
- Interfering with someone else’s computer access or use;
- Using encryption in aid of a crime;
- Falsifying e-mail source information; and
- Stealing an information service from a provider.
Computer Crime Laws in Montana
Montana computer crime laws prohibit the intentional access of a computer network in order to commit fraud, larceny, or damage the computer. Many computer crimes are committed as a means of stealing money or valuable information.
Additional Ways to Commit Computer Crimes
Cyber crimes can encompass a broad range of activities including using an electronic device (like a computer, tablet, or Smartphone) to harm, defraud or threaten another person, to solicit minors, or cyberbullying.
Computer Crimes and Federal Law
Laws concerning computer crimes have been enacted at both the state and federal levels. In 1986, Congress passed the Computer Fraud and Abuse Act (CFAA). This law has been amended and expanded as internet technology has advanced, and it continues to form the basis for federal prosecutions of computer-related criminal activities.
Other Federal Statutes
- Electronic Communications Privacy Act (ECPA),
- Identity Theft Enforcement and Restitution Act of 2008 (ITERA),
- Certain provisions of the USA PATRIOT Act.
The following chart highlights the basics of Montana’s computer crime laws. See FindLaw’s Cyber Crimes section for additional articles and resources.
|Code Section||Mont. Code Ann. § 45-2-101, § 45-6-310, § 45-6-311|
|Mental State Required for Prosecution||Knowingly, purposefully|
|Misdemeanor Computer Crimes||Any of the following, causing damages less than $1000, access; access plus scheme to defraud; alter, damage or destroy hard/software|
|Felony Computer Crimes||Any of the following, causing damages greater than $1000: access; access plus scheme to defraud; alter, damage or destroy hard/software|
|Attempt Considered a Crime?||No|
|Civil Lawsuit Permitted?||No|
Note: Montana computer crimes laws are constantly changing to keep up with the fast pace of technology–contact a Montana criminal law attorney, or conduct your own legal research to verify the state law(s) you are researching.
Research the Law:
- Montana Code
- Official State Codes – Links to the official online statutes (laws) in all 50 states and DC.
Montana Computer Crime Laws: Related Resources