House File 339 - Introduced HOUSE FILE 339 BY NUNN A BILL FOR An Act relating to the criminal offense of unauthorized 1 computer access, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2424YH (2) 87 jm/rj

H.F. 339 Section 1. Section 716.6B, subsection 1, Code 2017, is 1 amended to read as follows: 2 1. A person who knowingly and without authorization 3 accesses a computer, computer system, or computer network 4 commits the following: 5 a. An aggravated misdemeanor A class “C” felony if computer 6 data is accessed that contains a confidential record, as 7 defined in section 22.7 , operational or support data of a 8 public utility, as defined in section 476.1 , operational or 9 support data of a rural water district incorporated pursuant to 10 chapter 357A or 504 , operational or support data of a municipal 11 utility organized pursuant to chapter 388 or 389 , operational 12 or support data of a public airport, or a trade secret, as 13 defined in section 550.2 . 14 b. A serious misdemeanor class “D” felony if computer data 15 is copied, altered, or deleted. 16 c. A simple An aggravated misdemeanor for any access which 17 is not an aggravated or serious misdemeanor a felony . 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to the criminal offense of unauthorized 22 computer access. 23 The bill increases the criminal penalties for committing 24 unauthorized computer access. 25 The bill increases the criminal penalty from an aggravated 26 misdemeanor to a class “C” felony if computer data is accessed 27 that contains a confidential record, a trade secret, or 28 operational or support data of a public utility, rural water 29 district, municipal utility, or public airport. 30 The bill increases the criminal penalty from a serious 31 misdemeanor to a class “D” felony if computer data is copied, 32 altered, or deleted. 33 The bill increases the criminal penalty from a simple 34 misdemeanor to an aggravated misdemeanor for any access which 35 -1- LSB 2424YH (2) 87 jm/rj 1/ 2

H.F. 339 is not a felony under the bill. 1 A person who violates the bill is excluded from providing a 2 DNA sample under Code chapter 81. 3 A class “C” felony is punishable by confinement for no more 4 than 10 years and a fine of at least $1,000 but not more than 5 $10,000. A class “D” felony is punishable by confinement for 6 no more than five years and a fine of at least $750 but not 7 more than $7,500. An aggravated misdemeanor is punishable 8 by confinement for no more than two years and a fine of at 9 least $625 but not more than $6,250. A simple misdemeanor is 10 punishable by confinement for no more than 30 days or a fine of 11 at least $65 but not more than $625 or by both. 12 -2- LSB 2424YH (2) 87 jm/rj 2/ 2