2005…

                                                               2005 SESSION
                                                                                                               INTRODUCED


                     057983134




                                                                                                                                    INTRODUCED
                1                                              HOUSE BILL NO. 2215
                2                                               Offered January 12, 2005
                3                                               Prefiled January 11, 2005
                4    A BILL to amend and reenact §§ 18.2-152.2 and 18.2-152.4 of the Code of Virginia, relating to
                5        redefinition and modernization of terms and streamlining the laws governing computer crimes;
                6        penalties.
                7                                                      ­­­­­­­­­­
                     Patrons­­Albo, Bell, Kilgore, McDonnell and Moran; Senators: Howell and Stolle
                 8                                                     ­­­­­­­­­­
                 9                                     Referred to Committee for Courts of Justice
                10                                                     ­­­­­­­­­­
                11       Be it enacted by the General Assembly of Virginia:
                12   1. That §§ 18.2-152.2 and 18.2-152.4 of the Code of Virginia are amended and reenacted as
                13   follows:
                14       § 18.2-152.2. Definitions.
                15       For purposes of this article:
                16       "Computer" means an electronic, magnetic, optical, hydraulic or organic device or group of devices
                17   which, pursuant to a computer program, to human instruction, or to permanent instructions contained in
                18   the device or group of devices, can automatically perform computer operations with or on computer data
                19   and can communicate the results to another computer or to a person. The term "computer" includes any
                20   connected or directly related device, equipment, or facility which enables the computer to store, retrieve
                21   or communicate computer programs, computer data or the results of computer operations to or from a
                22   person, another computer or another device a device that accepts information in digital or similar form




                                                                                                                                    HB2215
                23   and manipulates it for a result based on a sequence of instructions. Such term does not include a device
                24   whose predominate purpose is not the storage and manipulation of user-inputted computer information,
                25   such as automated typewriters, simple handheld calculators, digital cameras, facsimile machines or
                26   pagers.
                27       "Computer data" means any representation of information, knowledge, facts, concepts, or instructions
                28   which is being prepared or has been prepared and is intended to be processed, is being processed, or has
                29   been processed in a computer or computer network. "Computer data" may be in any form, whether
                30   readable only by a computer or only by a human or by either, including, but not limited to, computer
                31   printouts, magnetic storage media, punched cards, or stored internally in the memory of the computer.
                32       "Computer information" means information in any form that is obtained from or through the use of a
                33   computer or that is in a form capable of being processed by a computer.
                34       "Computer network" means two or more computers connected by a network.
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                35       "Computer operation" means arithmetic, logical, monitoring, storage or retrieval functions and any
                36   combination thereof, and includes, but is not limited to, communication with, storage of data to, or
                37   retrieval of data from any device or human hand manipulation of electronic or magnetic impulses. A
                38   "computer operation" for a particular computer may also be any function for which that computer was
                39   generally designed an operation that a computer is designed and built to perform.
                40       "Computer program" means an ordered set of data representing coded instructions or statements that,
                41   when executed by a computer, causes the computer to perform one or more computer operations.
                42       "Computer services" means computer time or services the use of a computer, including but not
                43   limited to, computer time, data processing services, Internet services, electronic mail services, electronic
                44   message services, or information or data stored in connection therewith.
                45       "Computer software" or "computer program" means a set of computer programs, procedures and
                46   associated documentation concerned with computer data or with the operation of a computer, computer
                47   program, or computer network statements or instructions to be used directly or indirectly in a computer
                48   to bring about a certain result.
                49       "Electronic mail service provider" (EMSP) means any person who (i) is an intermediary in sending
                50   or receiving electronic mail and (ii) provides to end-users of electronic mail services the ability to send
                51   or receive electronic mail.
                52       "Financial instrument" includes, but is not limited to, any check, draft, warrant, money order, note,
                53   certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction authorization
                54   mechanism, marketable security, financial asset as that term is defined in § 8.8A-102, or any
                55   computerized representation thereof.
                56       "Network" means any combination of digital transmission facilities and packet switches, routers, and
                57   similar equipment interconnected to enable the exchange of computer data.
                58       "Owner" means The term "owner" includes an owner or lessee of a computer or a computer network
 HB2215                                                   2 of 2

 59   or an owner, lessee, or licensee of computer data information, computer programs services, or computer
 60   software.
 61       "Person" The term "person" shall include any individual, partnership, association, corporation or joint
 62   venture have the same meaning as set forth in § 1-13.19.
 63       "Property" shall include:
 64       1. Real property;
 65       2. Computers and computer networks;
 66       3. Financial instruments, computer data, computer programs, computer software and all other
 67   personal property regardless of whether they are:
 68       a. Tangible or intangible;
 69       b. In a format readable by humans or by a computer;
 70       c. In transit between computers or within a computer network or between any devices which
 71   comprise a computer; or
 72       d. Located on any paper or in any device on which it is stored by a computer or by a human; and
 73       4. Computer means anything of value, and includes any interest therein, including any benefit,
 74   privilege, claim, or right with respect to anything of value, whether real or personal, tangible or
 75   intangible. "Property" includes, but is not limited to, computers, financial instruments, computer
 76   information, computer software, and computer services.
 77       A person "uses" a computer or computer network when he attempts to cause or causes:
 78       1. A computer or computer network to perform or to stop performing computer operations;
 79       2. The withholding or denial of the use of a computer, computer network, computer program,
 80   computer data or computer software to another user; or
 81       3. A person to put false information into a computer.
 82       A person is "without authority" when he knows or reasonably should know that he has no right or
 83   permission of the owner to use a computer or computer network or he uses a computer or computer
 84   network or acts in a manner exceeding such right or permission.
 85       § 18.2-152.4. Computer trespass; penalty.
 86       A. It shall be unlawful for any person to use a computer or computer network without authority and,
 87   with the malicious intent, to:
 88       1. Temporarily or permanently remove, halt, or otherwise disable any computer data, computer
 89   programs, information or computer software from a computer or computer network;
 90       2. Cause a computer to malfunction, regardless of how long the malfunction persists;
 91       3. Alter, damage, destroy, disable, or erase any computer data, computer programs, information or
 92   computer software;
 93       4. Effect the creation or alteration of a financial instrument or of an electronic transfer of funds;
 94       5. Cause physical injury to the property of another; or
 95       6. Make or cause to be made an unauthorized copy, in any form, including, but not limited to, any
 96   printed or electronic form of computer data, computer programs information, or computer software
 97   residing in, communicated by, or produced by a computer or computer network;
 98       7. [Repealed].
 99       8. Install computer software on the computer of another, without the authorization of the owner; or
100       9. Disable or disrupt the ability of a computer to share or transmit its computer information to other
101   computers or to any related computer equipment or devices, including, but not limited to, printers,
102   scanners, or fax machines, through the direct or indirect use of a computer.
103       B. It shall be unlawful for any person to maliciously obtain any computer information, without
104   authority, through the direct use of a computer.
105       C. Any person who violates this section shall be guilty of computer trespass, which offense shall be
106   punishable as a Class 1 misdemeanor. If there is damage to the property of another valued at $2,500
107   $1,000 or more caused by such person's malicious act in violation of this section, the offense shall be
108   punishable as a Class 6 felony.
109       CD. Nothing in this section shall be construed to interfere with or prohibit terms or conditions in a
110   contract or license related to computers, computer data, computer networks information, computer
111   operations, computer programs, computer services, or computer software or to create any liability by
112   reason of terms or conditions adopted by, or technical measures implemented by, a Virginia-based
113   electronic mail service provider to prevent the transmission of unsolicited electronic mail in violation of
114   this article. Nothing in this section shall be construed to prohibit the monitoring of computer usage of,
115   the otherwise lawful copying of data of, or the denial of computer or Internet access to a minor by a
116   parent or legal guardian of the minor.
117   2. That the provisions of this act may result in a net increase in periods of imprisonment or
118   commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot
119   be determined for periods of imprisonment in state adult correctional facilities and cannot be
120   determined for periods of commitment to the custody of the Department of Juvenile Justice.