Bill Text: NJ A751 | 2012-2013 | Regular Session | Introduced
Bill Title: Increases penalties for certain alteration of an automobile's computer and establishes penalty for resulting death or injury.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Law and Public Safety Committee [A751 Detail]
Download: New_Jersey-2012-A751-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman PETER J. BARNES, III
District 18 (Middlesex)
SYNOPSIS
Increases penalties for certain alteration of an automobile's computer and establishes penalty for resulting death or injury.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain computer criminal activity and amending P.L.1984, c. 184.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.1984, c. 184 (C.2C:20-25) is amended to read as follows:
4. A person is guilty of computer criminal activity if the person purposely or knowingly and without authorization, or in excess of authorization:
a. Accesses any data, data base, computer storage medium, computer program, computer software, computer equipment, computer, computer system or computer network;
b. Alters, damages or destroys any data, data base, computer, computer storage medium, computer program, computer software, computer system or computer network, or denies, disrupts or impairs computer services, including access to any part of the Internet, that are available to any other user of the computer services;
c. Accesses or attempts to access any data, data base, computer, computer storage medium, computer program, computer software, computer equipment, computer system or computer network for the purpose of executing a scheme to defraud, or to obtain services, property, personal identifying information, or money, from the owner of a computer or any third party;
d. (Deleted by amendment, P.L.2003, c.39).
e. Obtains, takes, copies or uses any data, data base, computer program, computer software, personal identifying information, or other information stored in a computer, computer network, computer system, computer equipment or computer storage medium; or
f. Accesses and recklessly alters, damages or destroys any data, data base, computer, computer storage medium, computer program, computer software, computer equipment, computer system, a computer component of a motor vehicle, or computer network.
g. A violation of subsection a. of this section is a crime of the third degree. A violation of subsection b. is a crime of the second degree. A violation of subsection c. is a crime of the third degree, except that it is a crime of the second degree if the value of the services, property, personal identifying information, or money obtained or sought to be obtained exceeds $5,000. A violation of subsection e. is a crime of the third degree, except that it is a crime of the second degree if the data, data base, computer program, computer software, or information:
(1) is or contains personal identifying information, medical diagnoses, treatments or other medical information concerning an identifiable person;
(2) is or contains governmental records or other information that is protected from disclosure by law, court order or rule of court; or
(3) has a value exceeding $5,000.
A violation of subsection f. is a crime of the fourth degree, except that it is a crime of the third degree if the value of the damage exceeds $5,000, and a crime of the second degree if the violation involves a computer that is a component of a motor vehicle.
A violation of any subsection of this section is a crime of the first degree if the offense results in:
(1) a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service. The term "substantial interruption or impairment" shall mean such interruption or impairment that:
(a) affects 10 or more structures or habitations;
(b) lasts for two or more hours; or
(c) creates a risk of death or significant bodily injury to any person;
(2) damages or loss in excess of $250,000; [or]
(3) significant bodily injury to any person ; or
(4) significant bodily injury or death to any person as a result of a violation that involves a computer that is a component of a motor vehicle.
Every sentence of imprisonment for a crime of the first degree committed in violation of this section shall include a minimum term of one-third to one-half of the sentence imposed, during which term the defendant shall not be eligible for parole.
h. Every sentence imposed upon a conviction pursuant to this section shall, if the victim is a government agency, include a period of imprisonment. The period of imprisonment shall include a minimum term of one-third to one-half of the sentence imposed, during which term the defendant shall not be eligible for parole. The victim shall be deemed to be a government agency if a computer, computer network, computer storage medium, computer system, computer equipment, computer program, computer software, computer data or data base that is a subject of the crime is owned, operated or maintained by or on behalf of a governmental agency or unit of State or local government or a public authority. The defendant shall be strictly liable under this subsection and it shall not be a defense that the defendant did not know or intend that the victim was a government agency, or that the defendant intended that there be other victims of the crime.
A violation of any subsection of this section shall be a distinct offense from a violation of any other subsection of this section, and a conviction for a violation of any subsection of this section shall not merge with a conviction for a violation of any other subsection of this section or section 10 of P.L.1984, c.184 (C.2C:20-31), or for conspiring or attempting to violate any subsection of this section or section 10 of P.L.1984, c.184 (C.2C:20-31), and a separate sentence shall be imposed for each such conviction.
When a violation of any subsection of this section involves an offense committed against a person under 18 years of age, the violation shall constitute an aggravating circumstance to be considered by the court when determining the appropriate sentence to be imposed.
(cf: P.L.2003, c.39, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill would make the reckless unauthorized alteration of an automobile's computer a crime of the second degree and if the violation results in death or bodily injury, it would be a crime of the first degree.
A second degree crime is punishable by 5-10 years imprisonment and up to a $150,000 fine or both; while a first degree crime is punishable by a penalty of 10-20 years imprisonment and a fine of up to $200,000 or both.
