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oklahoma.txt
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OKLAHOMA
TITLE: COMPUTER CRIMES ACT
DEFINITIONS: ñ 1952. DEFINITIONS
As used in the Oklahoma Computer Crimes Act:
1. "Access" means to approach, gain entry to,
instruct, communicate with, store data in, retrieve
data from or otherwise use the logical,
arithmetical, memory, or other resources of a
computer, computer system or computer network;
2. "Computer" means an electronic device which
performs work using programmed instruction
having one or more of the capabilities of storage,
logic, arithmetic or communication. The term
includes input, output, processing, storage,
software and communication facilities which are
connected or related to a device in a system or
network;
3. "Computer network" means the interconnection
of terminals by communication modes with a
computer, or a complex consisting of two or more
interconnected computers;
4. "Computer program" means a set or series of
instructions or statements and related data which
when executed in actual or modified form directs
or is intended to direct the functioning of a
computer system in a manner designed to perform
certain operations;
5. "Computer software" means one or more
computer programs, procedures and associated
documentation used in the operation of a
computer system;
6. "Computer system" means a set of related,
connected or unconnected, computer equipment,
devices including support devices, one or more of
which contain computer programs, electronic
instructions, input data, and output data, that
performs functions including, but not limited to,
logic, arithmetic, data storage and retrieval,
communication, and control and software.
"Computer system" does not include calculators
which are not programmable and are not capable
of being connected to or used to access other
computers, computer systems or support devices.
7. "Data" means a representation of information,
knowledge, facts, concepts, computer software,
computer programs or instructions. Data may be
in any form, in storage media, or as stored in the
memory of the computer or in transit or presented
in a display device;
8. "Property" means any tangible or intangible
item of value and includes, but is not limited to,
financial instruments, geophysical data or the
interpretation of that data, information, computer
software, computer programs, electronically-
produced and computer-produced or stored data,
supporting documentation, computer software in
either machine or human readable form, electronic
impulses, confidential, copyrighted or proprietary
information, private identification codes or
numbers which permit access to a computer by
authorized computer users or generate billings to
consumers for purchase of goods and services,
including but not limited to credit card
transactions and telecommunications services or
permit electronic fund transactions and any other
tangible or intangible item of value;
9. "Services" includes, but is not limited to,
computer time, data processing and storage
functions and other uses of a computer, computer
system or computer network to perform useful
work; and
10. "Supporting documentation" includes, but is
not limited to, all documentation used in the
construction, design, classification, implementation,
use or modification of computer software,
computer programs or data, and
11. "Victim expenditure" means any expenditure
reasonably and necessarily incurred by the owner
or lessee to verify that a computer system,
computer network, computer program or data was
not altered, deleted, disrupted, damaged or
destroyed by the access.
OFFENSES: ñ 1953. PROHIBITED ACTS [NOT SPECIFICALLY
TITLED IN STATUTE]
ñ 1958. ACCESS TO COMPUTERS, COMPUTER
SYSTEMS AND COMPUTER NETWORKS PROHIBITED
FOR CERTAIN PURPOSES
ELEMENTS: ñ 1953. PROHIBITED ACTS [NOT SPECIFICALLY
TITLED IN STATUTE]
It shall be unlawful to:
1. Willfully, and without authorization, gain or
attempt to gain access to and damage, modify,
alter, destroy, copy, make use of, disclose or take
possession of a computer, computer system,
computer network or any other property.
2. Use a computer, computer system, computer
network or any other property as hereinbefore
defined for the purpose of devising or executing a
scheme or artifice with the intent to defraud,
deceive, extort or for the purpose of controlling or
obtaining money, property, services or other thing
of value by means of a false or fraudulent
pretense or representation.
3. Willfully exceed the limits of authorization and
damage, modify, alter, destroy, copy, delete,
disclose or take possession of a computer,
computer system, computer network or any other
property.
4. Willfully and without authorization, gain or
attempt to gain access to a computer, computer
system, computer network or any other property.
5. Willfully and without authorization use or
cause to be used computer services.
6. Willfully and without authorization disrupt or
cause the disruption of computer services or cause
the denial of access or other computer services to
an authorized user of a computer, computer
system or computer network.
7. Willfully and without authorization provide or
assist in providing a means of accessing a
computer, computer system or computer network
in violation of this section.
ñ 1958. ACCESS TO COMPUTERS, COMPUTER
SYSTEMS AND COMPUTER NETWORKS PROHIBITED
FOR CERTAIN PURPOSES
No person shall communicate with, store data in,
or retrieve data from a computer system or
computer network for the purpose of using such
access to violate any of the provisions of the
Oklahoma Statutes.
PENALTIES: ñ 1953. PROHIBITED ACTS. [NOT SPECIFICALLY
TITLED IN STATUTE]
B. Any person convicted of violating paragraphs 1,
2, 3, 6 or 7 of subsection A of this section shall be
guilty of a felony.
C. Any person convicted of violating paragraphs 4
or 5 of subsection A of this section shall be guilty
of a misdemeanor.
ñ 1955. PENALTIES╤CIVIL ACTIONS
A. Upon conviction of a felony under the
provisions of the Oklahoma Computer Crimes Act,
punishment shall be by a fine of not less than Five
Thousand Dollars ($5,000.00) and not more than
One Hundred Thousand Dollars ($100,000.00), or
by confinement in the State Penitentiary for a
term of not more than ten (10) years, or by both
such fine and imprisonment.
B. Upon conviction of a misdemeanor under the
provisions of the Oklahoma Computer Crimes Act,
punishment shall be by a fine of not more than
Five Thousand Dollars ($5,000.00), or by
imprisonment in the county jail not to exceed
thirty (30) days, or by both such fine and
imprisonment.
ñ 1958. ACCESS TO COMPUTERS, COMPUTER
SYSTEMS AND COMPUTER NETWORKS PROHIBITED
FOR CERTAIN PURPOSES
[Elements of offense set forth above.]
Any person convicted of violating the provisions of
this section shall be guilty of a felony punishable
by imprisonment in the State Penitentiary for a
term of not more than five (5) years, or by a fine
of not more that Five Thousand Dollars
($5,000.00), or by both such imprisonment and
fine.
VENUE: ñ 1957. ACCESS OF COMPUTER, COMPUTER SYSTEM
OR COMPUTER NETWORK IN ONE JURISDICTION
FROM ANOTHER JURISDICTION╛BRINGING AN
ACTION
For purposes of bringing a civil or criminal action
under the Oklahoma Computer Crimes Act, a
person who causes, by any means, the access of a
computer, computer system or computer network
in one jurisdiction from another jurisdiction is
deemed to have personally accessed the computer,
computer system or computer network in each
jurisdiction.
CIVIL REMEDY: ñ 1955. PENALTIES╤CIVIL ACTIONS
C. In addition to any other civil remedy available,
the owner or lessee of the computer, computer
system, computer network, computer program or
data may bring a civil action against any person
convicted of a violation of the Oklahoma Computer
Crimes Act for compensatory damages, including
any victim expenditure reasonably and necessarily
incurred by the owner or lessee to verify that a
computer system, computer network, computer
program or data was or was not altered, damaged,
deleted, disrupted or destroyed by the access. In
any action brought pursuant to this subsection the
court may award reasonable attorneys fees to the
prevailing party.
MISCELLANY: ñ 1954. CERTAIN ACTS AS PRIMA FACIE
EVIDENCE OF VIOLATION OF ACT
Proof that any person has accessed, damaged,
disrupted, deleted, modified, altered, destroyed,
caused to be accessed, copied, disclosed or taken
possession of a computer, computer system,
computer network or any other property, or has
attempted to perform any of these enumerated
acts without authorization or exceeding the limits
of authorization, shall be prima facie evidence of
the willful violation of the Oklahoma Computer
Crimes Act.
CITATION: Okla. Stat. Ann. Tit. 21, ññ 1951 thru 1958
SOURCE: Laws 1984, c. 70; amended by Laws 1989, c. 151.