GEORGIA
TITLE 16. CRIMES AND OFFENSES
CHAPTER 9. FORGERY AND FRAUDULENT PRACTICES
ARTICLE 6. COMPUTER SYSTEMS PROTECTION
16-9-90. Short title
This article may be cited as the "Georgia Computer Systems Protection Act."
16-9-91. Legislative findings
The General Assembly finds that:
(1) Computer related crime is a growing problem
in the government and in the private sector;
(2) Such crime occurs at great cost to the public, since losses for each incident of computer
crime tend to be far greater than the losses associated with each incident of other white collar crime;
(3) The opportunities for computer related crimes in state programs, and in other entities
which operate within the state, through the introduction of fraudulent records into a computer system,
unauthorized use of computer facilities, alteration or destruction of computerized information files, and
stealing of financial instruments, data, or other assets are great;
(4) Computer related crime operations have a direct effect on state commerce;
(5) Liability for computer crimes should be imposed on all persons, as that term is defined
in this title; and
(6) The prosecution of persons engaged in computer related crime is difficult under
previously existing Georgia criminal statutes.
16-9-92. Definitions
As used in this article, the term:
(1) "Computer" means an electronic, magnetic, optical, electrochemical, or other high-speed
data processing device or system performing computer operations with or on data and includes any data
storage facility or communications facility directly related to or operating in conjunction with such device;
but such term does not include an automated typewriter or typesetter, portable hand-held calculator,
household appliance, or other similar device that is not used to communicate with or to manipulate any
other computer.
(2) "Computer network" means a set of related, remotely connected computers and any
communications facilities with the function and purpose of transmitting data among them through the
communications facilities.
(3) "Computer operation" means computing, classifying, transmitting, receiving, retrieving,
originating, switching, storing, displaying, manifesting, measuring, detecting, recording, reproducing,
handling, or utilizing any form of data for business, scientific, control, or other purposes.
(4) "Computer program" means one or more statements or instructions composed and
structured in a form acceptable to a computer that, when executed by a computer in actual or modified
form, cause the computer to perform one or more computer operations. The term "computer program"
shall include all associated procedures and documentation, whether or not such procedures and
documentation are in human readable form.
(5) "Data" includes any representation of information, intelligence, or data in any fixed
medium, including documentation, computer printouts, magnetic storage media, punched cards, storage
in a computer, or transmission by a computer network.
(6) "Financial instruments" includes any check, draft, money order, note, certificate of
deposit, letter of credit, bill of exchange, credit or debit card, transaction-authorizing mechanism, or
marketable security, or any computer representation thereof.
(7) "Property" includes computers, computer networks, computer programs, data, financial
instruments, and services. (8)
"Services" includes computer time or services or data processing services.
(9) "Use" includes causing or attempting to cause:
(A) A computer or computer network to perform or to stop performing computer
operations;
(B) The obstruction, interruption, malfunction, or denial of the use of a computer,
computer network, computer program, or data; or
(C) A person to put false information into a computer.
(10) "Victim expenditure" means any expenditure reasonably and necessarily incurred by
the owner to verify that a computer, computer network, computer program, or data was or was not
altered, deleted, damaged, or destroyed by unauthorized use.
(11) "Without authority" includes the use of a computer or computer network in a manner
that exceeds any right or permission granted by the owner of the computer or computer network.
16-9-93. Computer crimes defined; exclusivity of article; civil remedies; criminal penalties(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.
16-9-94. Venue For the purpose of venue under this article, any violation of this article shall be
considered to have been committed:
(1) In the county of the principal place of business
in this state of the owner of a computer, computer network, or any part thereof;
(2) In any county in which any person alleged to have violated any provision of this article
had control or possession of any proceeds of the violation or of any books, records, documents, or property
which were used in furtherance of the violation;
(3) In any county in which any act was performed in furtherance of any transaction which
violated this article; and
(4) In any county from which, to which, or through which any use of a computer or
computer network was made, whether by wires, electromagnetic waves, microwaves, or any other means
of communication.