Law / United States / Kansas

Unlawful acts concerning computers (Kansas's computer-crime statute)

K.S.A. 21-5839

In force.

A computer misuse rule binding public and private bodies.

Audit expectation
none

What it requires

  • Do not knowingly access, or attempt to access, a Kansas-connected computer, computer system, social networking website, computer network, or computer software, program, documentation, data, or property without authorization; paragraph (a)(5) criminalizes bare unauthorized access or an attempt at it alone, even without any intent to defraud, damage, or exceed authorization.NIST AI RMFMAP 4.1
  • Do not knowingly and without authorization disclose a password, code, or other means of access to a computer, computer network, social networking website, or another person's personal electronic content.no control in the NIST AI RMF
  • Nothing in this statute's own text exempts ordinary, non-disruptive automated access to a publicly available page from the authorization requirement, and no Kansas case confirms how that access is treated in a scraping context.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.

Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law

If you get it wrong

Criminal exposureYes

Criminal exposure note

A severity level 8 nonperson felony for knowing unauthorized damage, alteration, destruction, copying, disclosure, or taking possession, for the same conduct in excess of authorization, or for a fraud scheme (subsections (a)(1) through (a)(3)), rising to a severity level 5 nonperson felony where the victim's monetary loss exceeds $100,000; a class A nonperson misdemeanor for unauthorized disclosure of access credentials (subsection (a)(4)) or for bare unauthorized access or an attempt at it with no further intent element (subsection (a)(5)).

What it makes you log

Logging duty

Section 21-5839 makes it unlawful to access and damage, modify, copy or take a computer or other property without authorization, to use a computer to execute a fraud scheme, to exceed the limits of authorization, to disclose an access code, and to access or attempt to access a computer, system or social networking website without authorization, graded by severity level. It requires no log or record and carries no territorial clause.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Subsection (a) lists five ways to commit the offense. Paragraphs (1) through (3) require an added element: knowing, unauthorized damage, modification, alteration, destruction, copying, disclosure, or taking possession of a computer, computer system, computer network, or other property (paragraph 1), a fraud scheme (paragraph 2), or the same conduct as paragraph (1) but done in excess of authorization rather than without it (paragraph 3).

Paragraph (4) criminalizes knowingly and without authorization disclosing a password, code, or other means of access to a computer, computer network, social networking website, or personal electronic content.

Paragraph (5) separately criminalizes knowingly and without authorization accessing, or attempting to access, any computer, computer system, social networking website, computer network, or computer software, program, documentation, data, or property, with no further intent element beyond knowledge and lack of authorization, a bare unauthorized-access offense standing on its own.

A violation of paragraphs (1) through (3) is a severity level 8 nonperson felony, rising to a severity level 5 nonperson felony where the victim's monetary loss exceeds $100,000; a violation of paragraph (4) or (5) is a class A nonperson misdemeanor. It is a defense to a paragraph (1) through (3) prosecution that the property or services were appropriated openly and avowedly under a claim of title made in good faith. The provisions this entry describes came into force on different days.

When LexLint raises it

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