HF2630

Purpose of the Bill

The purpose of this bill is to expand the definition of the crime of unauthorized computer access in Minnesota law. It aims to address situations where individuals access computers without penetrating security systems, thereby broadening the scope of what constitutes illegal access.

Main Provisions

• Expanded Definitions: The bill amends Minnesota Statutes to include accessing computers without penetration of a security system as unauthorized computer access. This includes accessing unsecured computers with personal data.

• Felony Classification:

  • Accessing or attempting to access a computer system in a way that poses a grave risk to human life is classified as a felony, punishable by up to 10 years in prison or a fine up to $20,000.
  • Repeat offenders of severe unauthorized access crimes may also be charged with felonies.

• Gross Misdemeanor Classification:

  • Situations creating risks to public health and safety, or compromising protected data, are classified as gross misdemeanors with penalties of up to 364 days in jail or a fine up to $3,000.
  • Second and subsequent offenses within five years are elevated to gross misdemeanors.

• Misdemeanor Classification:

  • Less severe cases of unauthorized access, which do not meet the criteria for felony or gross misdemeanor, are classified as misdemeanors. These carry penalties of up to 90 days in jail or a fine up to $1,000.

Significant Changes to Existing Law

• The bill adds the act of accessing unsecured computers to the existing crime of unauthorized computer access, which previously focused on accessing systems by penetrating security barriers.
• It introduces new penalties for accessing open computer terminals, including provisions for repeat offenders, and increases penalties based on the severity and recurrence of the crime.

Relevant Terms

unauthorized computer access, personal data, felony, gross misdemeanor, misdemeanor, security system, electronic terminal, repeat offenders, accessing computers.