STATE v. MORAN

No. 1 CA-CR 88-182.

162 Ariz. 524 (1989)

784 P.2d 730

STATE of Arizona, Appellee, v. Danny Arthur MORAN, Appellant.

Court of Appeals of Arizona, Division 1, Department D.

December 28, 1989.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Jessica G. Funkhouser, Chief Counsel, Criminal Div., and Robert S. Golden, Asst. Atty. Gen., Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by Edward F. McGee, Deputy Public Defender, Phoenix, for appellant.


FIDEL, Judge.

A computer programmer declined to follow his employer's directive to decode a program he had prepared in an encoded state. He was convicted of criminal damage. We reverse.

We find that defendant did not criminally damage his employer's program by encoding it because he did so with his employer's permission. We hold that one does not criminally damage the property of another under Arizona law when one acts with the

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