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- CODE OF VIRGINIA
- Copyright (c) 1949-1990 by The Michie Company, All rights reserved.
- TITLE 18.2. CRIMES AND OFFENSES GENERALLY.
- CHAPTER 5. CRIMES AGAINST PROPERTY.
- ARTICLE 7.1. COMPUTER CRIMES.
-
- s 18.2-152.1. Short title.
-
- This article shall be known and may be cited as the "Virginia COMPUTER CRIMES
- Act."
-
- (1984, c. 751.)
-
-
- s 18.2-152.1. Short title.
-
- This article shall be known and may be cited as the "Virginia COMPUTER CRIMES
- Act."
-
- (1984, c. 751.)
-
-
- s 18.2-152.2. Definitions.
-
- For purposes of this article:
- "COMPUTER" means an electronic, magnetic, optical, hydraulic or organic
- device or group of devices which, pursuant to a COMPUTER program, to human
- instruction, or to permanent instructions contained in the device or group of
- devices, can automatically perform COMPUTER operations with or on COMPUTER data
- and can communicate the results to another COMPUTER or to a person. The term
- "COMPUTER" includes any connected or directly related device, equipment, or
- facility which enables the COMPUTER to store, retrieve or communicate COMPUTER
- programs, COMPUTER data or the results of COMPUTER operations to or from a
- person, another COMPUTER or another device.
- "COMPUTER data" means any representation of information, knowledge, facts,
- concepts, or instructions which is being prepared or has been prepared and is
- intended to be processed, is being processed, or has been processed in a
- COMPUTER or COMPUTER network. "COMPUTER data" may be in any form, whether
- readable only by a COMPUTER or only by a human or by either, including, but not
- limited to, COMPUTER printouts, magnetic storage media, punched cards, or
- stored internally in the memory of the COMPUTER.
- "COMPUTER network" means a set of related, remotely connected devices and any
- communications facilities including more than one COMPUTER with the capability
- to transmit data among them through the communications facilities.
- "COMPUTER operation" means arithmetic, logical, monitoring, storage or
- retrieval functions and any combination thereof, and includes, but is not
- limited to, communication with, storage of data to, or retrieval of data from
- any device or human hand manipulation of electronic or magnetic impulses. A
- "COMPUTER operation" for a particular COMPUTER may also be any function for
- which that COMPUTER was generally designed.
- "COMPUTER program" means an ordered set of data representing coded
- instructions or statements that, when executed by a COMPUTER, causes the
- COMPUTER to perform one or more COMPUTER operations.
- "COMPUTER services" includes COMPUTER time or services or data processing
- services or information or data stored in connection therewith.
- "COMPUTER software" means a set of COMPUTER programs, procedures and
- associated documentation concerned with COMPUTER data or with the operation of
- a COMPUTER, COMPUTER program, or COMPUTER network.
- "Financial instrument" includes, but is not limited to, any check, draft,
- warrant, money order, note, certificate of deposit, letter of credit, bill of
- exchange, credit or debit card, transaction authorization mechanism, marketable
- security, or any computerized representation thereof.
- "Owner" means an owner or lessee of a COMPUTER or a COMPUTER network or an
- owner, lessee, or licensee of COMPUTER data, COMPUTER programs, or COMPUTER
- software.
- "Person" shall include any individual, partnership, association, corporation
- or joint venture.
- "Property" shall include:
- 1. Real property;
- 2. COMPUTERS and COMPUTER networks;
- 3. Financial instruments, COMPUTER data, COMPUTER programs, COMPUTER software
- and all other personal property regardless of whether they are:
- a. Tangible or intangible;
- b. In a format readable by humans or by a COMPUTER;
- c. In transit between COMPUTERS or within a COMPUTER network or between any
- devices which comprise a COMPUTER; or
- d. Located on any paper or in any device on which it is stored by a COMPUTER
- or by a human; and
- 4. COMPUTER services.
- A person "uses" a COMPUTER or COMPUTER network when he:
- 1. Attempts to cause or causes a COMPUTER or COMPUTER network to perform or
- to stop performing COMPUTER operations;
- 2. Attempts to cause or causes the withholding or denial of the use of a
- COMPUTER, COMPUTER network, COMPUTER program, COMPUTER data or COMPUTER
- software to another user; or
- 3. Attempts to cause or causes another person to put false information into a
- COMPUTER.
- A person is "without authority" when he has no right or permission of the
- owner to use a COMPUTER, or, he uses a COMPUTER in a manner exceeding such
- right or permission.
-
- (1984, c. 751.)
-
-
- s 18.2-152.3. COMPUTER fraud.
-
- Any person who uses a COMPUTER or COMPUTER network without authority and with
- the intent to:
- 1. Obtain property or services by false pretenses;
- 2. Embezzle or commit larceny; or
- 3. Convert the property of another shall be guilty of the CRIME of COMPUTER
- fraud. If the value of the property or services obtained is $200 or more, the
- CRIME of COMPUTER fraud shall be punishable as a Class 5 felony. Where the
- value of the property or services obtained is less than $200, the CRIME of
- COMPUTER fraud shall be punishable as a Class 1 misdemeanor.
-
- (1984, c. 751; 1985, c. 322.)
-
- s 18.2-152.4. COMPUTER trespass; penalty.
-
- Any person who uses a COMPUTER or COMPUTER network without authority and with
- the intent to:
- 1. Temporarily or permanently remove COMPUTER data, COMPUTER programs, or
- COMPUTER software from a COMPUTER or COMPUTER network;
- 2. Cause a COMPUTER to malfunction regardless of how long the malfunction
- persists;
- 3. Alter or erase any COMPUTER data, COMPUTER programs, or COMPUTER software;
- 4. Effect the creation or alteration of a financial instrument or of an
- electronic transfer of funds;
- 5. Cause physical injury to the property of another; or
- 6. Make or cause to be made an unauthorized copy, in any form, including, but
- not limited to, any printed or electronic form of COMPUTER data, COMPUTER
- programs, or COMPUTER software residing in, communicated by, or produced by a
- COMPUTER or COMPUTER network shall be guilty of the CRIME of COMPUTER trespass,
- which shall be punishable as a Class 1 misdemeanor. If such act is done
- maliciously and the value of the property damaged is $2,500 or more, the
- offense shall be punishable as a Class 6 felony.
-
- (1984, c. 751; 1985, c. 322; 1990, c. 663.)
-
-
- s 18.2-152.5. COMPUTER invasion of privacy.
-
- A. A person is guilty of the CRIME of COMPUTER invasion of privacy when he
- uses a COMPUTER or COMPUTER network and intentionally examines without
- authority any employment, salary, credit or any other financial or personal
- information relating to any other person. "Examination" under this section
- requires the offender to review the information relating to any other person
- after the time at which the offender knows or should know that he is without
- authority to view the information displayed.
- B. The CRIME of COMPUTER invasion of privacy shall be punishable as a Class 3
- misdemeanor.
-
- (1984, c. 751; 1985, c. 398.)
-
- s 18.2-152.6. Theft of COMPUTER services.
-
- Any person who willfully uses a COMPUTER or COMPUTER network, with intent to
- obtain COMPUTER services without authority, shall be guilty of the CRIME of
- theft of COMPUTER services, which shall be punishable as a Class 1 misdemeanor.
-
- (1984, c. 751; 1985, c. 322.)
-
-
- s 18.2-152.7. Personal trespass by COMPUTER.
-
- A. A person is guilty of the CRIME of personal trespass by COMPUTER when he
- uses a COMPUTER or COMPUTER network without authority and with the intent to
- cause physical injury to an individual.
- B. If committed maliciously, the CRIME of personal trespass by COMPUTER shall
- be punishable as a Class 3 felony. If such act be done unlawfully but not
- maliciously, the CRIME of personal trespass by COMPUTER shall be punishable as
- a Class 1 misdemeanor.
-
- (1984, c. 751; 1985, c. 322.)
-
- s 18.2-152.8. Property capable of embezzlement.
-
- For purposes of s 18.2-111, personal property subject to embezzlement shall
- include:
- 1. COMPUTERS and COMPUTER networks;
- 2. Financial instruments, COMPUTER data, COMPUTER programs, COMPUTER software
- and all other personal property regardless of whether they are:
- a. Tangible or intangible;
- b. In a format readable by humans or by a COMPUTER;
- c. In transit between COMPUTERS or within a COMPUTER network or between any
- devices which comprise a COMPUTER; or
- d. Located on any paper or in any device on which it is stored by a COMPUTER
- or by a human; and
-
- 3. COMPUTER services.
-
- (1984, c. 751.)
-
-
- s 18.2-152.9. Limitation of prosecution.
-
- Notwithstanding the provisions of s 19.2-8, prosecution of a CRIME which is
- punishable as a misdemeanor pursuant to this article must be commenced before
- the earlier of (i) five years after the commission of the last act in the
- course of conduct constituting a violation of this article or (ii) one year
- after the existence of the illegal act and the identity of the offender are
- discovered by the Commonwealth, by the owner, or by anyone else who is damaged
- by such violation.
-
- (1984, c. 751.)
-
-
- s 18.2-152.10. Venue for prosecution.
-
- For the purpose of venue under this article, any violation of this article
- shall be considered to have been committed in any county or city:
- 1. In which any act was performed in furtherance of any course of conduct
- which violated this article;
- 2. In which the owner has his principal place of business in the
- Commonwealth;
- 3. In which any offender had control or possession of any proceeds of the
- violation or of any books, records, documents, property, financial instrument,
- COMPUTER software, COMPUTER program, COMPUTER data, or other material or
- objects which were used in furtherance of the violation;
- 4. From which, to which, or through which any access to a COMPUTER or
- COMPUTER network was made whether by wires, electromagnetic waves, microwaves,
- or any other means of communication;
- 5. In which the offender resides; or
- 6. In which any COMPUTER which is an object or an instrument of the violation
- is located at the time of the alleged offense.
-
- (1984, c. 751; 1985, c. 322.)
-
-
- s 18.2-152.11. Article not exclusive.
-
- The provisions of this article shall not be construed to preclude the
- applicability of any other provision of the criminal law of this Commonwealth
- which presently applies or may in the future apply to any transaction or course
- of conduct which violates this article, unless such provision is clearly
- inconsistent with the terms of this article.
-
- (1984, c. 751.)
-
-
- s 18.2-152.12. Civil relief; damages.
-
- A. Any person whose property or person is injured by reason of a violation of
- any provision of this article may sue therefor and recover for any damages
- sustained, and the costs of suit. Without limiting the generality of the term,
- "damages" shall include loss of profits.
- B. At the request of any party to an action brought pursuant to this section,
- the court may, in its discretion, conduct all legal proceedings in such a way
- as to protect the secrecy and security of the COMPUTER, COMPUTER network,
- COMPUTER data, COMPUTER program and COMPUTER software involved in order to
- prevent possible recurrence of the same or a similar act by another person and
- to protect any trade secrets of any party.
- C. The provisions of this article shall not be construed to limit any
- person's right to pursue any additional civil remedy otherwise allowed by law.
- D. A civil action under this section must be commenced before expiration of
- the time period prescribed in s 8.01-40.1.
-
- (1984, c. 751; 1985, c. 92.)
-
-
- s 18.2-152.13. Severability.
-
- If any provision or clause of this article or application thereof to any
- person or circumstances is held to be invalid, such invalidity shall not affect
- other provisions or applications of this article which can be given effect
- without the invalid provision or application, and to this end the provisions of
- this article are declared to be severable.
-
-
- s 18.2-152.14. COMPUTER as instrument of forgery.
-
- The creation, alteration, or deletion of any COMPUTER data contained in any
- COMPUTER or COMPUTER network, which if done on a tangible document or
- instrument would constitute forgery under Article 1 (s 18.2-168 et seq.) of
- Chapter 6 of this Title, will also be deemed to be forgery. The absence of a
- tangible writing directly created or altered by the offender shall not be a
- defense to any CRIME set forth in Article 1 (s 18.2-168 et seq.) of Chapter 6
- of this Title if a creation, alteration, or deletion of COMPUTER data was
- involved in lieu of a tangible document or instrument.
-
- (1984, c. 751; 1985, c. 322.)
-
-
-