NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 831

SENATE BILL 397

 

 

AN ACT TO ESTABLISH A NEW ARTICLE IN CHAPTER 14, CRIMINAL LAW, TO CONTROL COMPUTER-RELATED CRIME.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 14 of the General Statutes is amended by adding a new Article to read as follows:

"Article 60.

"Computer-Related Crime.

"§ 14-448.  Definitions. — As used in this section, 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, or otherwise make use of any resources of a computer, computer system or computer network.

(2)        'computer' means an internally programmed, automatic device that performs data processing.

(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.

(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.

(6)        'computer system' means a set of related, connected or unconnected computer equipment and devices.

(7)        'financial statement' includes but is not limited to any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card of 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 programs in either machine or human readable form, and any other tangible or intangible item of value.

(9)        'services' includes, but is not limited to, computer time, data processing and storage functions.

"§ 14-449.  Accessing computers. — (a) A person is guilty of a felony if he willfully, directly or indirectly, accesses or causes 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, by means of false or fraudulent pretenses, representations or promises.

(b)        Any person who willfully and without authorization, directly or indirectly, accesses or causes to be accessed any computer, computer system, computer network, or any part thereof, for any purpose other than those set forth in subsection (a) above, is guilty of a misdemeanor.

"§ 14-450.  Damaging computers and related materials. — (a) A person is guilty of a felony if he willfully and without authorization alters, damages or destroys a computer, computer system, computer network, or any part thereof.

(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.

"§ 14-451.  Denial of computer services to an authorized user. — 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.

"§ 14-452.  Extortion. — Any person who verbally or by a written or printed communication, maliciously threatens to commit an act described in G.S. 14-450 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 felony."

Sec. 2.  This act shall become effective January 1, 1980.

In the General Assembly read three times and ratified, this the 7th day of June, 1979.