Title 16, Chapter 9, Section 93
( 16-9-93)
(a) Computer Theft. Any person who uses a computer or computer
network with knowledge that such use is without authority and with
the intention of: (1) Taking or appropriating any property of another, whether or
not with the intention of depriving the owner of possession; (2) Obtaining property by any deceitful means or artful practice;
or (3) Converting property to such person's use in violation of an
agreement or other known legal obligation to make a specified
application or disposition of such property shall be guilty of the crime of computer theft. (b) Computer Trespass. Any person who uses a computer or computer
network with knowledge that such use is without authority and with
the intention of: (1) Deleting or in any way removing, either temporarily or
permanently, any computer program or data from a computer or
computer network; (2) Obstructing, interrupting, or in any way interfering with the
use of a computer program or data; or (3) Altering, damaging, or in any way causing the malfunction of a
computer, computer network, or computer program, regardless of how
long the alteration, damage, or malfunction persists shall be guilty of the crime of computer trespass. (c) Computer Invasion of Privacy. Any person who uses a computer or
computer network with the intention of examining any employment,
medical, salary, credit, or any other financial or personal data
relating to any other person with knowledge that such examination is
without authority shall be guilty of the crime of computer invasion
of privacy. (d) Computer Forgery. Any person who creates, alters, or deletes any
data contained in any computer or computer network, who, if such
person had created, altered, or deleted a tangible document or
instrument would have committed forgery under Article 1 of this
chapter, shall be guilty of the crime of computer forgery. The
absence of a tangible writing directly created or altered by the
offender shall not be a defense to the crime of computer forgery if
a creation, alteration, or deletion of data was involved in lieu of
a tangible document or instrument. (e) Computer Password Disclosure. Any person who discloses a number,
code, password, or other means of access to a computer or computer
network knowing that such disclosure is without authority and which
results in damages (including the fair market value of any services
used and victim expenditure) to the owner of the computer or
computer network in excess of $500.00 shall be guilty of the crime
of computer password disclosure.
(f) Article not Exclusive. The provisions of this article shall not
be construed to preclude the applicability of any other law which
presently applies or may in the future apply to any transaction or
course of conduct which violates this article. (g) Civil Relief; Damages. (1) 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 and victim expenditure. (2) At the request of any party to an action brought pursuant to
this Code section, the court shall by reasonable means conduct all
legal proceedings in such a way as to protect the secrecy and
security of any computer, computer network, data, or computer
program 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. (3) 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. (4) A civil action under this Code section must be brought within
four years after the violation is discovered or by exercise of
reasonable diligence should have been discovered. For purposes of
this article, a continuing violation of any one subsection of this
Code section by any person constitutes a single violation by such
person. (h) Criminal Penalties. (1) Any person convicted of the crime of computer theft, computer
trespass, computer invasion of privacy, or computer forgery shall
be fined not more than $50,000.00 or imprisoned not more than 15
years, or both. (2) Any person convicted of computer password disclosure shall be
fined not more than $5,000.00 or incarcerated for a period not to
exceed one year, or both. |