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2017 New Hampshire Revised Statutes
Title LXII - CRIMINAL CODE
Chapter 638 - FRAUD
Section 638:18 - Computer Crime Penalties.
Universal Citation: NH Rev Stat § 638:18 (2017)
638:18 Computer Crime Penalties. –
I. Computer crime constitutes a class A felony if the damage to or the value of the property or computer services exceeds $1,500, or if the person has previously been convicted of violating RSA 638:17, II, IV, or VI, or any other statute prohibiting the same conduct in another state, territory, or possession of the United States.
II. Computer crime constitutes a class B felony if:
(a) The damage to or the value of the property or computer services exceeds $1,000 but is not more than $1,500;
(b) The person recklessly engages in conduct which creates a risk of serious physical injury to another person; or
(c) The person is guilty of violating RSA 638:17, II, IV, or VI.
III. Computer crime is a misdemeanor if the damage to or the value of the property or computer services, if any, is $1,000 or less.
IV. If a person has gained money, property, or services or other consideration through the commission of any offense under RSA 638:17, upon conviction thereof, the court, in addition to any sentence of imprisonment or other form of sentence authorized by RSA 651, may, in lieu of imposing a fine, sentence the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant's gain from the commission of such offense. In such case, the court shall make a finding as to the amount of the defendant's gain from the offense and, if the record does not contain sufficient evidence to support such finding, the court may conduct a hearing upon the issue. For the purpose of this section, "gain'' means the amount of money or the value of property or computer services or other consideration derived.
V. For the purposes of this section:
(a) The value of property or computer services shall be:
(1) The market value of the property or computer services at the time of the violation; or
(2) If the property or computer services are unrecoverable, damaged, or destroyed as a result of a violation of RSA 638:17 the cost of reproducing or replacing the property or computer services at the time of the violation.
(b) Amounts included in violations of RSA 638:17 committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
(c) When the value of the property or computer services or damage thereto cannot be satisfactorily ascertained, the value shall be deemed to be $500.
I. Computer crime constitutes a class A felony if the damage to or the value of the property or computer services exceeds $1,500, or if the person has previously been convicted of violating RSA 638:17, II, IV, or VI, or any other statute prohibiting the same conduct in another state, territory, or possession of the United States.
II. Computer crime constitutes a class B felony if:
(a) The damage to or the value of the property or computer services exceeds $1,000 but is not more than $1,500;
(b) The person recklessly engages in conduct which creates a risk of serious physical injury to another person; or
(c) The person is guilty of violating RSA 638:17, II, IV, or VI.
III. Computer crime is a misdemeanor if the damage to or the value of the property or computer services, if any, is $1,000 or less.
IV. If a person has gained money, property, or services or other consideration through the commission of any offense under RSA 638:17, upon conviction thereof, the court, in addition to any sentence of imprisonment or other form of sentence authorized by RSA 651, may, in lieu of imposing a fine, sentence the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant's gain from the commission of such offense. In such case, the court shall make a finding as to the amount of the defendant's gain from the offense and, if the record does not contain sufficient evidence to support such finding, the court may conduct a hearing upon the issue. For the purpose of this section, "gain'' means the amount of money or the value of property or computer services or other consideration derived.
V. For the purposes of this section:
(a) The value of property or computer services shall be:
(1) The market value of the property or computer services at the time of the violation; or
(2) If the property or computer services are unrecoverable, damaged, or destroyed as a result of a violation of RSA 638:17 the cost of reproducing or replacing the property or computer services at the time of the violation.
(b) Amounts included in violations of RSA 638:17 committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
(c) When the value of the property or computer services or damage thereto cannot be satisfactorily ascertained, the value shall be deemed to be $500.
Source. 1985, 139:1. 2007, 137:1, 2. 2010, 239:9, 10, eff. July 1, 2010.
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