Computer Crime Statutes

Computer crime laws encompass a variety of actions that destroy or interfere with normal operation of a computer system.

Hacking is breaking into computer systems, frequently with intentions to alter or modify existing settings. When malicious in nature, these break-ins may cause damage or disruption to computer systems or networks. People with malevolent intent are referred to as "crackers"--as in "cracking" into computers.

All 50 states have computer crime laws; most address unauthorized access or computer trespass. Some state laws also directly address other specific types of computer crime, such as spyware, phishing, denial of service attacks, and ransonware, as shown below.

PLEASE NOTE: Additional state and federal laws apply to various other types of computer crimes. NCSL serves state legislators and their staff.This site provides general comparative information only and should not be relied upon or construed as legal advice. NCSL cannot provide assistance with individual cases.

Laws Addressing Hacking, Unauthorized Access, Computer Trespass, Viruses, Malware

"Unauthorized access" entails approaching, trespassing within, communicating with, storing data in, retrieving data from, or otherwise intercepting and changing computer resources without consent. These laws relate to either or both, or any other actions that interfere with computers, systems, programs or networks.

Viruses or contaminants are a set of computer instructions that are designed to modify, damage, destroy, record, or transmit information within a computer system or network without the permission of the owner. Generally, they are designed to infect other computer programs or computer data, consume resources, modify, destroy, record or transmit data, and disrupt normal operation of a computer system.

Laws Addressing Denial of Service Attacks

In a denial-of-service attack, an attacker floods the bandwidth or resources of a targeted system or servers with traffic, thereby preventing legitimate users from accessing information or services. In a distributed denial of service attack, the attacker compromises and takes control of multiple computers with security flaws and uses them to launch the denial-of-service attack.

At least 25 states have laws that directly address denial of service attacks.

Laws Addressing Ransomware

Ransomware is computer malware that is installed covertly on a victim's computer and preventing access to it, followed by demands for a ransom payment in exchange for returning access or not publishing or exposing data held on the computer.

Two states, California and Wyoming, specifically address “ransomware” in statute: Calif. Penal Code § 523 (2016 S.B. 1137) and Wyo. Stat. § 6-3-506. However, laws in other states that prohibit extortion and computer crimes such as malware or computer trespass may also apply to ransomware crimes.