TENNESSEE
TITLE 39. CRIMINAL OFFENSES
CHAPTER 14. OFFENSES AGAINST PROPERTY
PART 6. COMPUTER OFFENSES
39-14-601. Definitions for computer offenses
As used in this part, unless the context otherwise requires:
(1) "Access" means to approach, instruct, communicate or connect with, store data in,
retrieve or intercept data from, or otherwise make use of any resources of a computer, computer system
or computer network, or information exchanged from any communication between computers or authorized
computer users and electronic, electromagnetic, electrochemical, acoustic, mechanical or other means;
(2) "Computer" means a device or collection of devices, including its support devices or
peripheral equipment or facilities, and the communication systems connected to it which can perform
functions including, but not limited to, substantial computation, arithmetic or logical operations, information
storage or retrieval operations, capable of being used with external files, one or more operations which
contain computer programs, electronic instructions, allows for the input of data, and output data (such
operations or communications can occur with or without intervention by a human operator during the
processing of a job);
(3) "Computer contaminants" means any set of computer instructions that are designed
to modify or in any way alter, damage, destroy, or disrupt the proper operation of a computer system, or
computer network without the intent or permission of the owner of the information. They include, but
are not limited to, a group of computer instructions commonly called viruses or worms, which are
self-replicating or self-propagating and are designed to contaminate other computer programs or computer
data, consume computer resources, modify, destroy, record or transmit data, or in some other fashion
usurp the normal operation of the computer, computer system, or computer network. Such contaminants
may include:
(A) "Virus," meaning a migrating program which, at least, attaches itself to the
operating system of any computer it enters and can infect any other computer that has access to an
"infected" computer.
(B) "Worm," meaning a computer program or virus that spreads and multiplies,
eventually causing a computer to "crash" or cease functioning, but does not attach itself to the operating
system of the computer it "infects";
(4) "Computer network" means a set of two (2) or more computer systems that transmit
data over communication circuits connecting them, and input/output devices including, but not limited to,
display terminals and printers, which may also be connected to telecommunication facilities;
(5) "Computer program" means an ordered set of data that are coded instructions or
statements that, when executed by a computer, cause the computer to process data;
(6) "Computer software" means a set of computer programs, procedures, and associated
documentation concerned with the operation of a computer, computer system or computer network
whether imprinted or embodied in the computer in any manner or separate from it, including the
supporting materials for the software and accompanying documentation;
(7) "Computer system" means a set of connected devices including a computer and other
devices including, but not limited to, one (1) or more of the following: data input, output, or storage
devices, data communication circuits, and operating system computer programs that make the system
capable of performing data processing tasks;
(8) "Data" means a representation of information, knowledge, facts, concepts, or
instructions which is being prepared or has been prepared in a formalized manner, and is intended to be
stored or processed, or is being stored or processed, or has been stored or processed, in a computer,
computer system or computer network;
(9) "Financial instrument" includes, but is not limited to, any check, cashier's check, draft,
warrant, money order, certificate of deposit, negotiable instrument, letter of credit, bill of exchange, credit
card, debit card, marketable security, or any computer system representation thereof;
(10) "Input" means data, facts, concepts or instructions in a form appropriate for delivery
to, or interpretation or processing by, a computer;
(11) "Intellectual property" includes data, which may be in any form including, but not
limited to, computer printouts, magnetic storage media, punched cards, or may be stored internally in the
memory of a computer;
(12) "Output" means data, facts, concepts or instructions produced or retrieved by
computers from computers or computer memory storage devices;
(13) "To process" means to use a computer to put data through a systematic sequence of
operations for the purpose of producing a specified result;
(14) "Property" means, but is not limited to, intellectual property, financial instruments,
data, computer systems and computer programs, all in machine-readable or human-readable form, and any
tangible or intangible item of value;
(15) "Services" includes, but is not limited to, the use of a computer, a computer system,
a computer network, computer software, computer program or data to perform tasks; and
(16) "System hacker" means any person who knowingly accesses and without permission
alters, damages, deletes, destroys, or otherwise uses any data,
39-14-602. Violations -- Penalties
(a) Whoever knowingly, directly or indirectly, accesses, causes to be accessed, or attempts to
access any telephone system, telecommunications facility, computer software, computer program, data,
computer, computer system, computer network, or any part thereof, for the purpose of:
(1) Obtaining money, property, or services for oneself or another by means of false or
fraudulent pretenses, representations, or promises violates this subsection and is subject to the penalties
of 39-14-105;
(2) Causing computer output to purposely be false, for, but not limited to, the purpose
of obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses,
representations, or promises violates this subsection and is subject to the penalties of 39-14-105.
(b) Whoever intentionally and without authorization, directly or indirectly:
(1) Accesses any computer, computer system, or computer network commits a Class C
misdemeanor;
(2) Alters, damages, destroys, or attempts to damage or destroy, or cause the disruption
to the proper operation of any computer, or who performs an act which is responsible for the disruption
of any computer, computer system, computer network, computer software, program or data which resides
or exists internal or external to a computer, computer system or computer network is punishable as in
39-14-105;
(3) Introduces or is responsible for the input of any computer contaminant into any
computer, computer system, or computer network commits a Class B misdemeanor; or
(4) Accesses, causes to be accessed, or attempts to access any computer software,
computer program, data, computer, computer system, computer network, or any part thereof, for the
purpose of gaining access to computer material or to tamper with computer security devices, including, but
not limited to, system hackers, commits a Class A misdemeanor.
(c) Whoever receives, conceals, uses, or aids another in receiving, concealing or using any proceeds
resulting from a violation of either subsection (a) or subdivision (b)(2), knowing the same to be proceeds
of such violation, or whoever receives, conceals, uses, or aids another in receiving, concealing or using, any
books, records, documents, property, financial instrument, computer software, program, or other material,
property, or objects, knowing the same to have been used in violating either subsection (a) or subdivision
(b) (2) is subject to the penalties of 39-14-105.
39-14-603. Venue
For the purposes of venue under the provisions of this part, any violation of this part shall be
considered to have been committed:
(1) In any county in which any act was performed in furtherance of any transaction
violating this part;
(2) In any county in which any violator had control or possession of any proceeds of the
violation or of any books, records, documents, property, financial instrument, computer software, computer
program or other material, objects or items which were used in furtherance of the violation; and
(3) In any county from which, to which or through which any access to a computer,
computer system, or computer network was made, whether by wire, electromagnetic waves, microwaves
or any other means of communication.