N.J. Stat. tit. 2A, ch. 38A

in effect

N.J. Stat. § 2A:38A-1 Definitions

As used in this act: a. "Access" means to instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, computer system, or computer network. b. "Computer" means an electronic device or another similar device capable of executing a computer program, including arithmetic, logic, memory or input-output operations, by the manipulation of electronic or magnetic impulses and includes all computer equipment connected to such a device in a computer system or network. c. "Computer equipment" means any equipment or devices including all input, output, processing, storage, software, or communications facilities, intended to interface with the computer. d. "Computer network" means the interconnection of communication lines, including microwave or other means of electronic communications, with a computer through remote terminals, or a complex consisting of two or more interconnected computers. e. "Computer program" means a series of instructions or statements executable on a computer which directs the computer system in a manner to produce a desired result. f. "Computer software" means a set of computer programs, data, procedures, and associated documentation concerned with the operation of a computer system. g. "Computer system" means a set of interconnected computer equipment intended to operate as a cohesive system. h. "Data" means information, facts, concepts, or instructions prepared for use in a computer, computer system, or computer network. i. "Data base" means a collection of data. j. "Financial instrument" includes but is not limited to a check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security and any computer representation of these items. k. "Property" includes but is not limited to financial instruments, information, data, and computer software in either human readable or computer readable form, copies or originals, and any other tangible or intangible item of value. l . "Services" includes but is not limited to the use of a computer system, computer network, computer programs, data prepared for computer use and data contained within a computer system or computer network. L.1984, c. 182, s. 1.

N.J. Stat. § 2A:38A-2 Value of property or services

For the purposes of this act, the value of any property or services, including the use of computer time, shall be their fair market value if it is determined that a willing buyer and willing seller exist. Alternatively, value shall include but not be limited to the cost of generating or obtaining data and storing it within a computer or computer system. L.1984, c. 182, s. 2.

N.J. Stat. § 2A:38A-3 Computer-related offenses; compensatory and punitive damages; costs and expenses

A person or enterprise damaged in business or property as a result of any of the following actions may sue the actor therefor in the Superior Court and may recover compensatory and punitive damages and the cost of the suit including a reasonable attorney's fee, costs of investigation and litigation: a. The purposeful or knowing, and unauthorized altering, damaging, taking or destruction of any data, data base, computer program, computer software or computer equipment existing internally or externally to a computer, computer system or computer network; b. The purposeful or knowing, and unauthorized altering, damaging, taking or destroying of a computer, computer system or computer network; c. The purposeful or knowing, and unauthorized accessing or attempt to access any computer, computer system or computer network; d. The purposeful or knowing, and unauthorized altering, accessing, tampering with, obtaining, intercepting, damaging or destroying of a financial instrument; or e. The purposeful or knowing accessing and reckless altering, damaging, destroying or obtaining of any data, data base, computer, computer program, computer software, computer equipment, computer system or computer network. L.1984, c. 182, s. 3.

N.J. Stat. § 2A:38A-4 Value of loss; finding of fact

The value of damage, loss, property or income involved in any lawsuit shall be determined by the trier of fact. L.1984, c. 182, s. 4.

N.J. Stat. § 2A:38A-5 Injunctions

In addition to any other action or proceeding authorized by law, the Attorney General, or a person or enterprise alleging injury or loss may bring an action in Superior Court to enjoin actions causing damage as described in this act or to enjoin any acts in furtherance thereof. L.1984, c. 182, s. 5.

N.J. Stat. § 2A:38A-6 Venue of action

Actions brought under this act may be filed in the Superior Court of the county in which the computer which is accessed is located, or where the terminal used in the accessing is situated, or where the actual damage occurs. L.1984, c. 182, s. 6.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026