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Can you summarize 11 DECO Chapter 5, Subchapter III, Part K?
Offenses Involving Property > Computer-Related Offenses
Short Summary
This legal document governs offenses involving property in the context of computer-related offenses in Delaware. It applies to any person, including natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal or governmental entity. The document defines key terms related to computer-related offenses and outlines specific actions that constitute offenses such as unauthorized access to a computer system, theft of computer services, interruption of computer services, misuse of computer system information, and destruction of computer equipment. The document also addresses the offense of unrequested or unauthorized electronic mail and failure to promptly cease electronic communication upon request. Penalties for these offenses vary based on the degree of the crime and the damage or value of the property or computer services affected. The document also provides remedies available to aggrieved persons in cases of alleged violations of these provisions, including temporary or permanent restraining orders, restitution, appointment of a receiver, and distribution of assets. The Court of Chancery has jurisdiction over these proceedings and can award appropriate relief, including damages and attorneys’ fees.
Whom does it apply to?
Any person, including natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal or governmental entity
What does it govern?
Offenses involving property in the context of computer-related offenses
What are exemptions?
No exemptions are specified
What are the Penalties?
Penalties vary based on the degree of the crime and the damage or value of the property or computer services affected. Computer crime in the first degree is a class D felony when the damage or value exceeds $10,000. Computer crime in the second degree is a class E felony when the damage or value exceeds $5,000. Computer crime in the third degree is a class G felony when the damage or value is $1,500 or more, or when the person engages in conduct that creates a risk of serious physical injury to another person. Computer crime in the fourth degree is a class A misdemeanor when the damage or value is under $1,500. The court may also impose a fine not exceeding double the amount of the defendant's gain from the offense.
Jurisdiction
Delaware