Use of computer services; larceny

Use of computer services; larceny

Colorado includes in its definition of computer crime the knowing use of a computer system or any part of it "for the purpose of using the property or services of another without authorization."FN78 This provision is intended to cover those situations where the value gained by the criminal is the actual processing of data by the computer. Employees are frequently involved in using computers for their own purposes, and it is not clear whether pre-existing laws defining theft and theft of services are adequate to prosecute such an action. In New York, an employee of the Board of Education was unsuccessfully prosecuted for his or her admittedly personal computer use because it was held that the employee's use did not constitute a violation of the state theft of services law.FN79

Computer programs are property that may be the subject of the offense of theft; Hancock v. State FN80 theft includes making a printout copy of the program.FN81 Accessing confidential computer files may also be subject to a charge of larceny.FN82