Ark. Code Ann. » Title 5 Chapter 41
Arkansas Code Annotated

Ark. Code Ann. § 5-41-104 (2020)

Computer trespass

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. A person commits computer trespass if the person intentionally and without authorization accesses, alters, deletes, damages, destroys, or disrupts any computer, computer system, computer network, computer program, or data.
  2. Computer trespass is a:
    1. Class C misdemeanor if it is a first violation that does not cause any loss or damage;
    2. Class B misdemeanor if it is a:
      1. Second or subsequent violation that does not cause any loss or damage; or
      2. Violation that causes loss or damage of less than five hundred dollars ($500);
    3. Class A misdemeanor if it is a violation that causes loss or damage of five hundred dollars ($500) or more, but less than two thousand five hundred dollars ($2,500); and
    4. Class D felony if it is a violation that causes loss or damage of two thousand five hundred dollars ($2,500) or more.

History. Acts 1987, No. 908, § 4.

Research References

ALR.

Validity, Construction, and Application of State Computer Crime and Fraud Laws. 87 A.L.R.6th 1.

Ark. L. Notes.

Snow, The Law of Computer Trespass: Cyber Security or Virtual Entrapment?, 2007 Ark. L. Notes 109.

Case Notes

Relation to Trade Secrets.

Not all claims asserted against a former employee were preempted by the Arkansas Trade Secrets Act; as to a tortious interference claim, an amended complaint alleged that, in addition to a theft of information, former clients were contacted to solicit their business. Moreover, an allegation that confidential information was deleted fell within the definition of criminal trespass, which was not based on misappropriation of a trade secret. Jenkins v. APS Ins., LLC, 2013 Ark. App. 746, 431 S.W.3d 356 (2013).

Notes of Decisions
Cited in 3 cases, 2011–2020 · leading case: Jenkins v. APS Ins., LLC, 2013 Ark. App. 746, 431 S.W.3d 356.
Sort: Relevance Newest Treatment
Jenkins v. APS Ins., LLC, 2013 Ark. App. 746, 431 S.W.3d 356. · cites it 4× “The computer-crime statute provides a civil cause of action for damages, including lost profits.”
Miller v. Meyers, 766 F. Supp. 2d 919 (W.D. Ark. 2011). · cites it 2× “Statutory State Law Claims Plaintiff contends that Defendant should be found liable for computer trespass under Ark.Code Ann. § 5-41-104. While there is little case law interpreting this particular statute, it is clear to the court that Defendant intentionally accessed the…”
Sims v. Little Rock Plastic Surgery PA, No. 4:19-cv-00653, 2020 WL 4514572 (E.D. Ark. Aug. 5, 2020). “3 This statute makes it a crime if a person “intentionally and without authorization accesses, alters, deletes, damages, destroys, or disrupts any computer, computer system, computer network, computer program, or data.”
Ark. Code Ann. § 5-41-104(a): 2 cases
Jenkins v. APS Ins., LLC, 2013 Ark. App. 746, 431 S.W.3d 356. “The computer-crime statute provides a civil cause of action for damages, including lost profits.”
Sims v. Little Rock Plastic Surgery PA, No. 4:19-cv-00653, 2020 WL 4514572 (E.D. Ark. Aug. 5, 2020). “3 This statute makes it a crime if a person “intentionally and without authorization accesses, alters, deletes, damages, destroys, or disrupts any computer, computer system, computer network, computer program, or data.”
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