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 ransomware, as shown below.
Computer crime laws encompass a variety of actions that destroy or interfere with normal operation of a computer system. Computer trespass, unauthorized access (or access exceeding permission that was granted to a user), or hacking is breaking into computer systems, frequently with intentions to alter, disable or modify existing settings. When malicious in nature, these break-ins may cause damage or disruption to computer systems or networks. Additional state and federal laws may apply to various other types of computer crimes (e.g., unfair and deceptive practices acts, etc.).
Note: 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 and 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 these and other actions that interfere with computers, systems, programs or networks.
Malware and viruses (viruses are a type of malware) 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 Hacking, Unauthorized Access, Computer Trespass, Viruses or Malware
| State |
Citation |
| Alabama |
Ala. Code §§ 13A-8-112 |
| Alaska |
Alaska Stat. § 11.46.740 |
| Arizona |
Ariz. Rev. Stat. §§ 13-2316,13-2316.01,13-2316.02 |
| Arkansas |
Ark. Code §§ 5-41-101 et seq. |
| California |
Cal. Penal Code § 502 |
| Colorado |
Colo. Rev. Stat. §§ 18-5.5-101 to -102 |
| Connecticut |
Conn. Gen. Stat. §§ 53a-250 to 53a-261, 53-451 |
| Delaware |
Del. Code tit. 11 §§ 931 to 941 |
| Florida |
Fla. Stat. §§ 815.01 to 815.07, 668.801to .805 |
| Georgia |
Ga. Code §§ 16-9-90 to 16-9-94, 16-9-150 to 16-9-157 |
| Hawaii |
Hawaii Rev. Stat. §§ 708-890 to 708-895.7 |
| Idaho |
Idaho Code §§ 18-2201 et seq. |
| Illinois |
720 ILCS §§ 5/17-50 to -55 |
| Indiana |
Ind. Code §§ 35-43-1-8, 35-43-2-3 |
| Iowa |
Iowa Code §§ 716.6B, 702.1A, 702.14, 714.1(8) |
| Kansas |
Kan. Stat. § 21-5839 |
| Kentucky |
Ky. Rev. Stat. §§ 34.840, 434.845, 434.850, 434.851, 434.853, 434.855, 434.860 |
| Louisiana |
La. Rev. Stat..§§ 14:73.1 to 14:73.8 |
| Maine |
Me. Rev. Stat. tit. 17-A, §§ 431 to 435 |
| Maryland |
Md. Stat. Crim. Law § 7-302 |
| Massachusetts |
Mass. Gen. Laws ch. 266 § 33A, ch. 266 § 120F |
| Michigan |
Mich. Comp. Laws §§ 752.791 et seq. |
| Minnesota |
Minn. Stat. §§ 609.87 to 609.893 |
| Mississippi |
Miss. Code §§ 97-45-1 et seq. |
| Missouri |
Mo. Rev. Stat.§§ 537.525, 569.095, 569.097, 569.099 |
| Montana |
Mont. Code Ann. §§ 45-2-101, 45-6-310, 45-6-311 |
| Nebraska |
Neb. Rev. Stat. §§ 28-1341 to 28-1348 |
| Nevada |
Nev. Rev. Stat. §§ 205.473 to 205.513 |
| New Hampshire |
N.H. Rev. Stat. §§ 38:16, 638:17, 638:18, 638:19 |
| New Jersey |
N.J. Rev. Stat. §§ 2A:38A-1 to -3, 2C:20-2, 2C:20-23 to 34 |
| New Mexico |
N.M. Stat. §§ 0-45-1 to 30-45-7 |
| New York |
N.Y. Penal Law §§ 156.00 to .50 |
| North Carolina |
N.C. Gen. Stat. §§ 14-453 to 14-458 |
| North Dakota |
N.D. Cent. Code § 12.1-06.1-08 |
|
Ohio
|
Ohio Rev. Code §§ 909.01(E-G), 2909.04(B), 2909.07(A)(6), 2913.01 to 2913.04 |
| Oklahoma |
Okla. Stat. tit. 21, §§ 1951 to 1959 |
| Oregon |
Or. Rev. Stat. § 164.377 |
| Pennsylvania |
18 Pa. C.S.A. §§ 7601 et seq. |
| Rhode Island |
R.I. Gen. Laws §§ 11-52-1 to 11-52-8 |
| South Carolina |
S.C. Code §§ 16-16-10 to 16-16-40 |
| South Dakota |
S.D. Cod. Laws §§ 43-43B-1 et seq. |
| Tennessee |
Tenn. Code §§ 9-14-601, 602, 604, 605 |
| Texas |
Tex. Penal Code § 33.01 |
| Utah |
Utah Code §§ 76-6-701 et seq.
|
| Vermont |
Vt. Stat.Ann. tit. 13, §§ 4101 et seq. |
| Virginia |
Va. Code §§ 18.2-152.1 to -152.15,19.2-249.2 |
| Washington |
Wash. Rev. Code §§ 9A.90.010 et seq. |
| West Virginia |
W. Va. Code §§ 61-3C-3 to 61-3C-21 |
| Wisconsin |
Wis. Stat. § 943.70 |
| Wyoming |
Wyo. Stat. §§ 6-3-501 et seq., 40-25-101 |
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 26 states have laws that directly address denial of service attacks.
Laws Addressing Ransomware and Computer Extortion
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.
At least five states, California, Connecticut, Michigan, Texas and Wyoming, expressly criminalize “ransomware” and/or computer extortion in statute, as follows. However, existing laws in other states that prohibit extortion and computer crimes such as malware or computer trespass may also be used to prosecute ransomware crimes.