Law / United States / North Dakota
Computer fraud and computer crime
N.D. Cent. Code § 12.1-06.1-08
A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.
In force.
A computer misuse rule binding public and private bodies.
As of 6 September 2026.
What it requires
- Do not gain or attempt to gain access to, alter, damage, modify, copy, disclose, take possession of, or destroy a North Dakota-connected computer, computer system, or computer network in excess of the authorization you were given or without authorization at all; unlike some other states' statutes, no fraud, malice, or deception is required for this to be a class A misdemeanor.
- A separate, more serious class C felony applies if the same conduct is done with intent to defraud, deceive, prevent authorized use of, or control property or services by false or fraudulent pretenses.
- The owner or lessee of the affected computer, system, or network may bring a private civil action for damages, restitution, and attorney's fees.
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Unauthorized or in-excess-of-authorization access, alteration, copying, or disruption is a class A misdemeanor (computer crime); the same conduct done with intent to defraud or deceive is a class C felony (computer fraud). The section states these classifications only; it does not itself state a dollar fine or a term of imprisonment.
What it reaches
Obligation class
Access restriction
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
A person commits computer fraud, a class C felony, by gaining or attempting to gain access to, altering, damaging, modifying, copying, disclosing, taking possession of, or destroying a computer, computer system, or computer network, without authorization, with the intent to defraud, deceive, prevent authorized use of, or control property or services by false or fraudulent pretenses, representations, or promises.
A person separately commits computer crime, a class A misdemeanor, by intentionally and either in excess of authorization given or without authorization gaining or attempting to gain access to, altering, damaging, modifying, copying, disclosing, taking possession of, introducing a computer contaminant into, destroying, or preventing the authorized use of a computer, computer system, computer network, or any software, program, or data within one; this misdemeanor tier carries no fraud, malice, or deception element, so intentional access in excess of or without authorization is itself enough, closer to a bare authorization test than the malicious-intent-or-deceptive-means standard some neighboring states use.
Subsection 3 gives the owner or lessee of the affected computer, system, or network a civil action for damages, restitution, and attorney's fees. The current codification of this section traces to House Bill 1038, chapter 164 of the 1987 North Dakota Session Laws, which amended and reenacted the section and carried no emergency clause.
When LexLint raises it
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Read the law
official statute text, North Dakota Century Code chapter 12.1-06.1 (ndlegis.gov)