OKLAHOMA
TITLE 21. CRIMES AND PUNISHMENTS
PART VII. CRIMES AGAINST PROPERTY
CHAPTER 70. OTHER OFFENSES AGAINST PROPERTY RIGHTS
COMPUTER CRIMES ACT
1951. Short title
This act shall be known and may be cited as the "Oklahoma Computer Crimes Act".
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 networks, 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 on 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 data 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
transfers 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;
10. "Supporting documentation" includes, but is not limited to, all documentation in any
form 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
or was not altered, deleted, disrupted, damaged or destroyed by the access.
1953. Prohibited acts
A. It shall be unlawful to:
1. Willfully, and without authorization, gain or attempt to gain access to and damage,
modify, alter, delete, 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 deny
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. 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.
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.
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.
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.
1957. Access of computer, computer system or computer network in one jurisdiction from another
jurisdiction--Bringing of action
For purposes of bringing a civil or a 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.
1958. Access to computers, computer systems and computer networks prohibited for certain
purposes--Penalty
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. 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 than Five Thousand Dollars ($ 5,000.00), or by both such imprisonment and fine.