A person who knowingly, willfully and without authorization, or having obtained authorization, uses the opportunity the authorization provides for purposes to which the authorization does not extend:
A. directly or indirectly alters, changes, damages, disrupts or destroys any computer, computer network, computer property, computer service or computer system, when the:
(1) damage to the computer property or computer service has a value of two hundred fifty dollars ($250) or less, is guilty of a petty misdemeanor;
(2) damage to the computer property or computer service has a value of more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500), is guilty of a misdemeanor;
(3) damage to the computer property or computer service has a value of more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500), is guilty of a fourth degree felony;
(4) damage to the computer property or computer service has a value of more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000), is guilty of a third degree felony; or
(5) damage to the computer property or computer service has a value of more than twenty thousand dollars ($20,000), is guilty of a second degree felony; or
B. directly or indirectly introduces or causes to be introduced data that the person knows to be false into a computer, computer system, computer network, computer software, computer program, database or any part thereof with the intent of harming the property or financial interests or rights of another person is guilty of a fourth degree felony.
History: Laws 1989, ch. 215, § 4; 2006, ch. 29, § 23.
ANNOTATIONSThe 2006 amendment, effective July 1, 2006, provided that a person who uses the opportunity the authorization provides for purposes to which the authorization does not extend is guilty of computer abuse; increased the damage in Paragraph (1) of Subsection A from $100 to $250; increased the damage in Paragraph (2) of Subsection A from more than $100, but not more than $250, and to more than $250, but not more than $500; increased the damage in Paragraph (3) of Subsection A from more than $250 to more than $500; deleted the reference to sentencing pursuant to Section 31-19-1 NMSA 1978 in Paragraph (2) of Subsection A; and deleted the reference to sentencing pursuant to Section 31-18-15 NMSA 1978 in Paragraphs (3) through (5) of Subsection A and in Subsection B.