Computer trespass.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0178

ENROLLED ACT NO. 48, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2014 BUDGET SESSION

AN ACT relating to

offenses
against
computer
property; creating
the
criminal
offense of
computer trespass;
specifying
elements
of the offense
and
penalties;
providing
a civil cause of action
for computer tre
s
pass
;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 6
‑
3
‑
50
6

and 40
‑
25
‑
101 are

created
to read:

6
‑
3
‑
50
6
.

Computer trespass
; penalties
.

(a)

A person commits a
computer trespass if
he
knowing
ly, with intent to damage or cause the malfunction of the operation of a computer, computer system or computer network
and without authorization
t
ransfers or
sends electronically
in
to a computer, computer system or
computer network

or causes to be transferred or
sent electronically i
nto a computer, computer system
or
computer network
a
ny
malware, or other
d
ata, program or o
ther information which alters
,

damages or causes the malfunction of
the operation of the computer, computer system
or
computer network
or which causes the computer, computer system or computer network to disseminate sensitive information
.

(b)

A computer trespass is:

(i)

A misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both, if the resulting damages are less than
ten
thousand dollars ($1
0
,000.00);

(ii)

A felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten
thousand dollars
(
$
10,000
.00
)
, or both, if the resulting damages are
ten
thousand dollars ($1
0
,000.00) or more
.

(c)

Common carriers, internet service providers or other persons who supply the internet services over which the content is delivered shall not be prosecuted for violations under this section resulting from the acts of another.

(d)

For purposes of this section, "malware" means, but is not limited to, viruses, worms, trojan horses, rootkits, keyloggers, backdoors, dialers, ransomware, spyware, adware, malicious browser helper objects, rogue security software and other malicious programs used or designed to disrupt a computer operation, gather sensitive information, steal sensitive information or otherwise gain unauthorized access to a computer, computer system or computer network.

ARTICLE 25
COMPUTER TRESPASS

40
‑
25
‑
101.

Computer trespass.

(
a
)

A person commits a
civil
trespass if
h
e, with intent to damage or cause the malfunction of the operation of a computer, computer system or computer network,
t
ransfers or
sends electronically
in
to a computer, computer system or
computer network

of another
or causes to be transferred or
sent electronically i
nto a computer, computer system
or
computer network

of another
a
ny
data, program or
other information
w
hich alters
,

damages or causes the malfunction of
the operation of the computer, computer system
or
computer network
and
t
he act was done
without authority of the owner or lawful possessor of the
computer, computer system or computer network.

(b)

A
person
who suffers damage or loss by reason of a
trespass under this section
shall have a cause of a
ction against the
trespasser
for all
damages incurred
, including any damages to the
person's
computer, computer system
or
computer network and any costs incurred by the
person
for services that could not be utilized as a result of the
trespass
.
In a civil action brought under this section, in addition to damages, the injured claimant may be awarded the costs of litigation together with the reasonably necessary cost of identifying the trespasser, of obtaining effective service of process on the trespasser and of successfully effecting collection of the award from the person who perpetrated the trespass and from the person who caused the trespass.

(c)

The definitions provided in W.S. 6
‑
3
‑
501 shall be applicable to this section.

(d)

Common carriers, internet service providers or other persons who supply the internet services over which the content is delivered shall not be liable for damages or losses under this section resulting from the acts of another.

Section 2.

This act is effective July 1, 2014.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1