15-02-2013, 12:30 PM
VIRGINIA COMPUTER CRIMES ACT
VIRGINIA COMPUTER.doc (Size: 52 KB / Downloads: 27)
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.
PROVISIONS OF THE CODE
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
4. value of the property or services obtained is less than $200, the CRIME of
5. COMPUTER fraud shall be punishable as a Class 1 misdemeanor.
s 18.2-152.4. COMPUTER trespass.
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.
s 18.2-152.5. COMPUTER invasion of privacy.
1. 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.
2. The CRIME of COMPUTER invasion of privacy shall be punishable as a Class 3 misdemeanor.