Delaware Computer-Related Offenses
11 DE Code § 931 - § 936
Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 5. Specific Offenses
Subchapter III. Offenses Involving Property§ 937. Unrequested or unauthorized electronic mail or use of network or software to cause same.
§ 931. Definitions.
§ 932. Unauthorized access.
§ 933. Theft of computer services.
§ 934. Interruption of computer services.
§ 935. Misuse of computer system information.
§ 936. Destruction of computer equipment.
§ 931. Definitions.
As used in this subpart:
(1) “Access” means to instruct, communicate with, store data in or retrieve data from a computer, computer system or computer network.
(2) “Commercial electronic mail” or “commercial e-mail” means any electronic mail message that is sent to a receiving address or account for the purposes of advertising, promoting, marketing or otherwise attempting to solicit interest in any good service or enterprise.
(3) “Computer” means a programmable, electronic device capable of accepting and processing data.
(4) “Computer network” means:
a. A set of related devices connected to a computer by communications facilities;
b. A complex of 2 or more computers, including related devices, connected by communications facilities; or
c. The communications transmission facilities and devices used to interconnect computational equipment, along with control mechanisms associated thereto.
(5) “Computer program” means a set of instructions, statements or related data that, in actual or modified form, is capable of causing a computer or computer system to perform specified functions.
(6) “Computer services” includes, but is not limited to, computer access, data processing and data storage.
(7) “Computer software” means 1 or more computer programs, existing in any form, or any associated operational procedures, manuals or other documentation.
(8) “Computer system” means a computer, its software, related equipment and communications facilities, if any, and includes computer networks.
(9) “Data” means information of any kind in any form, including computer software.
(10) “Electronic mail” or “e-mail” means any message that is automatically passed from an originating address or account to a receiving address or account;
(11) “Electronic mail service provider” means any person who:
a. Is an intermediary in sending and receiving electronic mail; and
b. Provides to end-users of electronic mail services the ability to send or receive electronic mail.
(12) The “Internet” is a hierarchy of computer networks and systems that includes, but is not limited to, commercial (.com or .co), university (.ac or .edu) and other research networks (.org, .net) and military (.mil) networks and spans many different physical networks and systems around the world.
(13) “Person” means a natural person, corporation, trust, partnership, incorporated or unincorporated association and any other legal or governmental entity, including any state or municipal entity or public official.
(14) “Private personal data” means data concerning a natural person which a reasonable person would want to keep private and which is protectable under law.
(15) “Property” means anything of value, including data.
(16) “Originating address” or “originating account” means the string used to specify the source of any electronic mail message (e.g. company@sender.com);
(17) “Receiving address” or “receiving account” means the string used to specify the destination of any electronic mail message (e.g. person@receiver.com);
64 Del. Laws, c. 438, § 1; 72 Del. Laws, c. 135, § 3;
§ 932. Unauthorized access.
A person is guilty of the computer crime of unauthorized access to a computer system when, knowing that the person is not authorized to do so, the person accesses or causes to be accessed any computer system without authorization.
64 Del. Laws, c. 438, § 1; 70 Del. Laws, c. 186, § 1;
§ 933. Theft of computer services.
A person is guilty of the computer crime of theft of computer services when the person accesses or causes to be accessed or otherwise uses or causes to be used a computer system with the intent to obtain unauthorized computer services, computer software or data.
64 Del. Laws, c. 438, § 1; 70 Del. Laws, c. 186, § 1;
§ 934. Interruption of computer services.
A person is guilty of the computer crime of interruption of computer services when that person, without authorization, intentionally or recklessly disrupts or degrades or causes the disruption or degradation of computer services or denies or causes the denial of computer services to an authorized user of a computer system.
64 Del. Laws, c. 438, § 1;
§ 935. Misuse of computer system information.
A person is guilty of the computer crime of misuse of computer system information when:
(1) As a result of accessing or causing to be accessed a computer system, the person intentionally makes or causes to be made an unauthorized display, use, disclosure or copy, in any form, of data residing in, communicated by or produced by a computer system;
(2) That person intentionally or recklessly and without authorization:
a. Alters, deletes, tampers with, damages, destroys or takes data intended for use by a computer system, whether residing within or external to a computer system; or
b. Interrupts or adds data to data residing within a computer system;
(3) That person knowingly receives or retains data obtained in violation of paragraph (1) or (2) of this section; or
(4) That person uses or discloses any data which that person knows or believes was obtained in violation of paragraph (1) or (2) of this section.
64 Del. Laws, c. 438, § 1; 70 Del. Laws, c. 186, § 1;
§ 936. Destruction of computer equipment.
A person is guilty of the computer crime of destruction of computer equipment when that person, without authorization, intentionally or recklessly tampers with, takes, transfers, conceals, alters, damages or destroys any equipment used in a computer system or intentionally or recklessly causes any of the foregoing to occur.
64 Del. Laws, c. 438, § 1;
For more information, see here: https://delcode.delaware.gov/title11/c005/sc03/index.html
These materials were obtained directly from the State Legislative websites and are posted here for your review and reference only. No Claim to Original State Government Works. This may not be the most recent version. The State may have more current information. We make no guarantees or warranties about the accuracy or completeness of this information, or the information linked to. Please check the linked sources directly.