GENERAL ASSEMBLY OF NORTH CAROLINA
1993 SESSION
CHAPTER 764
AN ACT TO AMEND THE LAWS REGARDING COMPUTER-RELATED CRIME.
The General Assembly of North Carolina enacts:
Section 1. Article 60 of Chapter 14 of the General Statutes reads as rewritten:
"ARTICLE 60.
"Computer-Related Crime.
"§ 14-453. Definitions.
As used in this section, Article, unless the
context clearly requires otherwise, the following terms have the meanings
specified:
(1) 'Access' means to approach,
instruct, communicate with, cause input, cause output, cause data
processing, or otherwise make use of any resources of a computer, computer
system computer system, or computer network.
(1a) 'Authorization' means having the consent or permission of the owner, or of the person licensed or authorized by the owner to grant consent or permission to access a computer, computer system, or computer network in a manner not exceeding the consent or permission.
(2) 'Computer' means an
internally programmed, automatic device that performs data processing. processing
or telephone switching.
(3) 'Computer network'
means the interconnection of communication systems with a computer through
remote terminals, or a complex consisting of two or more interconnected computers.
computers or telephone switching equipment.
(4) '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.
(5) 'Computer software'
means a set of computer programs, procedures and associated documentation
concerned with the operation of a computer system. computer, computer
system, or computer network.
(6) 'Computer system'
means a set of related, connected or unconnected computer equipment and
devices. at least one computer together with a set of related,
connected, or unconnected peripheral devices.
(6a) 'Data' means a representation of information, facts, knowledge, concepts, or instructions prepared in a formalized or other manner and intended for use in a computer, computer system, or computer network. Data may be embodied in any form including, but not limited to, computer printouts, magnetic storage media, and punch cards, or may be stored internally in the memory of a computer.
(7) 'Financial statement'
instrument' includes but is not limited to any check, draft,
money order, certificate of deposit, letter of credit, bill of exchange, credit
card of [or] or marketable security, or any electronic data
processing representation thereof.
(8) 'Property' includes but
is not limited to, financial instruments, information, including
electronically processed or produced data, and computer software and computer
programs in either machine or human readable form, and any other tangible
or intangible item of value.
(8a) 'Resource' includes peripheral devices, computer software, computer programs, and data, and means to be a part of a computer, computer system, or computer network.
(9) 'Services' includes,
but is not limited to, includes computer time, data processing and
storage functions.
"§ 14-454. Accessing computers.
(a) A person is guilty
of a Class H felony if he It is unlawful to willfully, directly or
indirectly, accesses or causes access or cause to be accessed any
computer, computer system, computer network, or any part thereof, for the
purpose of:
(1) Devising or executing any scheme or artifice to defraud, unless the object of the scheme or artifice is to obtain educational testing material, a false educational testing score, or a false academic or vocational grade, or
(2) Obtaining property or
services other than educational testing material, a false educational testing
score, or a false academic or vocational grade for himself or another, a
person, by means of false or fraudulent pretenses, representations or
promises.
A violation of this subsection is a Class G felony if the fraudulent scheme or artifice results in damage of more than one thousand dollars ($1,000), or if the property or services obtained are worth more than one thousand dollars ($1,000). Any other violation of this subsection is a Class 1 misdemeanor.
(b) Any person who
willfully and without authorization, directly or indirectly, accesses or causes
to be accessed any computer, computer system, or computer network, or
any part thereof, network for any purpose other than those set forth
in subsection (a) above, is guilty of a misdemeanor.
(c) For the purpose of this section, the term 'accessing or causing to be accessed' includes introducing, directly or indirectly, a computer program (including a self-replicating or a self-propagating computer program) into a computer, computer system, or computer network.
"§ 14-455.
Damaging computers and related materials. computers, computer
systems, computer networks, and resources.
(a) A person is guilty
of a Class H felony if he It is unlawful to willfully and without
authorization alters, damages or destroys alter, damage, or destroy a
computer, computer system, computer network, or any part thereof. A
violation of this subsection is a Class G felony if the damage caused by the
alteration, damage, or destruction is more than one thousand dollars
($1,000). Any other violation of this subsection is a Class 1
misdemeanor.
(b) A person is
guilty of a misdemeanor if he willfully and without authorization alters,
damages, or destroys any computer software, program or data residing or
existing internal or external to a computer, computer system or computer
network.
(b) This section applies to alteration, damage, or destruction effectuated by introducing, directly or indirectly, a computer program (including a self-replicating or a self-propagating computer program) into a computer, computer system, or computer network.
"§ 14-456. Denial of computer services to an authorized user.
(a) Any person who
willfully and without authorization denies or causes the denial of computer
system services to an authorized user of such computer system services, is
guilty of a misdemeanor. computer, computer system, or computer network
services to an authorized user of the computer, computer system, or computer
network services is guilty of a misdemeanor.
(b) This section also applies to denial of services effectuated by introducing, directly or indirectly, a computer program (including a self-replicating or a self-propagating computer program) into a computer, computer system, or computer network.
"§ 14-457. Extortion.
Any person who verbally or by a written or printed communication, maliciously threatens to commit an act described in G.S. 14-455 with the intent to extort money or any pecuniary advantage, or with the intent to compel any person to do or refrain from doing any act against his will, is guilty of a Class H felony."
Sec. 2. This act becomes effective December 1, 1994, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 16th day of July, 1994.
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Dennis A. Wicker
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives