WEST VIRGINIA
CHAPTER 61. CRIMES AND THEIR PUNISHMENT
ARTICLE 3C. WEST VIRGINIA COMPUTER CRIME AND ABUSE ACT
61-3C-1. Short title
This act shall be known and may be cited as the "West Virginia Computer Crime and Abuse Act."
61-3C-2. Legislative findings
The Legislature finds that:
(a) The computer and related industries play an essential role in the commerce and welfare
of this state.
(b) Computer-related crime is a growing problem in business and government.
(c) Computer-related crime has a direct effect on state commerce and can result in serious
economic and, in some cases, physical harm to the public.
(d) Because of the pervasiveness of computers in today's society, opportunities are great
for computer related crimes through the introduction of false records into a computer or computer system,
the unauthorized use of computers and computer facilities, the alteration and destruction of computers,
computer programs and computer data, and the theft of computer resources, computer software and
computer data.
(e) Because computers have now become an integral part of society, the Legislature
recognizes the need to protect the rights of owners and legitimate users of computers and computer
systems, as well as the privacy interest of the general public, from those who abuse computers and
computer systems.
(f) While various forms of computer crime or abuse might possibly be the subject of
criminal charges or civil suit based on other provisions of law, it is appropriate and desirable that a
supplemental and additional statute be provided which specifically proscribes various forms of computer
crime and abuse and provides criminal penalties and civil remedies therefor.
61-3C-3. Definitions
As used in this article, unless the context clearly indicates otherwise:
(a) "Access" means to instruct, communicate with, store data in, retrieve data from,
intercept data from, or otherwise make use of any computer, computer network, computer program,
computer software, computer data or other computer resources.
(b) "Authorization" means the express or implied consent given by a person to another to
access or use said person's computer, computer network, computer program, computer software, computer
system, password, identifying code or personal identification number.
(c) "Computer" means an electronic, magnetic, optical, electrochemical, or other high speed
data processing device performing logical, arithematic, or storage functions, and includes any data storage
facility or communication facility directly related to or operating in conjunction with such device. 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, but such term does not include an
automated typewriter or typesetter, a portable handheld calculator or other similar device.
(d) "Computer data" means any representation of knowledge, facts, concepts, instruction,
or other information computed, classified, processed, transmitted, received, retrieved, originated, stored,
manifested, measured, detected, recorded, reproduced, handled or utilized by a computer, computer
network, computer program or computer software, and may be in any medium, including, but not limited
to, computer printouts, microfilm, microfiche, magnetic storage media, optical storage media, punch paper
tape or punch cards, or it may be stored internally in read-only memory or random access memory of a
computer or any other peripheral device.
(e) "Computer network" means a set of connected devices and communication facilities,
including more than one computer, with the capability to transmit computer data among them through
such communication facilities.
(f) "Computer operations" means arithmetic, logical, storage, display, monitoring or retrieval
functions or any combination thereof, and includes, but is not limited to, communication with, storage of
data in or to, or retrieval of data from any device and the human manual manipulation of electronic
magnetic impulses. A "computer operation" for a particular computer shall also mean any function for which
that computer was designed.
(g) "Computer program" means an ordered set of computer data representing instructions
or statements, in a form readable by a computer, which controls, directs, or otherwise influences the
functioning of a computer or computer network.
(h) "Computer software" means a set of computer programs, procedures and associated
documentation concerned with computer data or with the operation of a computer, computer program, or
computer network.
(i) "Computer services" means computer access time, computer data processing, or
computer data storage, and the computer data processed or stored in connection therewith.
(j) "Computer supplies" means punchcards, paper tape, magnetic tape, magnetic disks or
diskettes, optical disks or diskettes, disk or diskette packs, paper, microfilm, and any other tangible input,
output or storage medium used in connection with a computer, computer network, computer data,
computer software or computer program.
(k) "Computer resources" includes, but is not limited to, information retrieval; computer
data processing, transmission and storage; and any other functions performed, in whole or in part, by the
use of a computer, computer network, computer software, or computer program.
(l) "Owner" means any person who owns or leases or is a licensee of a computer,
computer network, computer data, computer program, computer software, computer resources or computer
supplies.
(m) "Person" means any natural person, general partnership, limited partnership, trust,
association, corporation, joint venture, or any state, county or municipal government and any subdivision,
branch, department or agency thereof.
(n) "Property" includes:
(1) Real property;
(2) Computers and computer networks;
(3) Financial instruments, computer data, computer programs, computer software
and all other personal property regardless of whether they are:
(i) Tangible or intangible;
(ii) In a format readable by humans or by a computer;
(iii) In transit between computers or within a computer network or
between any devices which comprise a computer; or
(iv) Located on any paper or in any device on which it is stored by a
computer or by a human; and
(4) Computer services.
(o) "Value" means having any potential to provide any direct or indirect gain or advantage
to any person.
(p) "Financial instrument" includes, but is not limited to, any check, draft, warrant, money
order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction
authorization mechanism, marketable security or any computerized representation thereof.
(q) "Value of property or computer services" shall be (1) the market value of the property
or computer services at the time of a violation of this article; or (2) if the property or computer services
are unrecoverable, damaged, or destroyed as a result of a violation of section three or four [ 61-3C-3 or
61-3C-4] of this article, the cost of reproducing or replacing the property or computer services at the time
of the violation.
61-3C-4. Computer fraud; penalties
Any person who, knowingly and willfully, directly or indirectly, accesses or causes to be accessed
any computer, computer services or computer network for the purpose of (1) executing any scheme or
artifice to defraud or (2) obtaining money, property or services by means of fraudulent pretenses,
representations or promises shall be guilty of a felony, and, upon conviction thereof, shall be fined not more
than ten thousand dollars or imprisoned in the penitentiary for not more than ten years, or both.
61-3C-5. Unauthorized access to computer services
Any person who knowingly, willfully and without authorization, directly or indirectly, accesses or
causes to be accessed a computer or computer network with the intent to obtain computer services shall
be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred dollars
nor more than one thousand dollars or confined in the county jail not more than one year, or both.
61-3C-6. Unauthorized possession of computer data or programs
(a) Any person who knowingly, willfully and without authorization possesses any computer data
or computer program belonging to another and having a value of five thousand dollars or more shall be
guilty of a felony, and, upon conviction thereof, shall be fined not more than ten thousand dollars or
imprisoned in the penitentiary for not more than ten years, or both.
(b) Any person who knowingly, willfully and without authorization possesses any computer data
or computer program belonging to another and having a value of less than five thousand dollars shall be
guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars
or confined in the county jail for not more than one year, or both.
61-3C-7. Alteration, destruction, etc., of computer equipment
Any person who knowingly, willfully and without authorization, directly or indirectly, tampers with,
deletes, alters, damages or destroys or attempts to tamper with, delete, alter, damage or destroy any
computer, computer network, computer software, computer resources, computer program or computer data
shall be guilty of a felony, and, upon conviction thereof, shall be fined not more than ten thousand dollars
or confined in the penitentiary not more than ten years, or both, or, in the discretion of the court, be fined
not less than two hundred nor more than one thousand dollars and confined in the county jail not more
than one year.
61-3C-8. Disruption of computer services
Any person who knowingly, willfully and without authorization, directly or indirectly, disrupts or
degrades or causes the disruption or degradation of computer services or denies or causes the denial of
computer services to an authorized recipient or user of such computer services, shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred nor more than one
thousand dollars or confined in the county jail not more than one year, or both.
61-3C-9. Unauthorized possession of computer information,
etc
Any person who knowingly, willfully and without authorization possesses any computer data,
computer software, computer supplies or a computer program which he knows or reasonably should know
was obtained in violation of any section of this article shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be fined not less than two hundred nor more than one thousand dollars or
confined in the county jail for not more than one year, or both.
61-3C-10. Disclosure of computer security information
Any person who knowingly, willfully and without authorization discloses a password, identifying
code, personal identification number or other confidential information about a computer security system
to another person shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more
than five hundred dollars or confined in the county jail for not more than six months, or both.
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