VIRGINIA CODE
TITLE 18.2. CRIMES AND OFFENSES
GENERALLY
CHAPTER 5. CRIMES AGAINST PROPERTY
ARTICLE 7.1. COMPUTER
CRIMES
SECTIONS 18.2-152.2, 152.3:1, 152.4, 152.12 & 152.16
(2003)
(including amendments by Acts 2003,
ch. 987 &
1016, approved April 3, 2003)
§ 18.2-152.2. Definitions.
For purposes of this article:
"Computer" means an electronic, magnetic, optical, hydraulic
or organic device or group of devices which, pursuant to a computer program,
to human instruction, or to permanent instructions contained in the device or
group of devices, can automatically perform computer operations with or on
computer data and can communicate the results to another computer or to a
person. 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.
"Computer data" means any representation of information,
knowledge, facts, concepts, or instructions which is being prepared or has
been prepared and is intended to be processed, is being processed, or has been
processed in a computer or computer network. "Computer data" may be in any
form, whether readable only by a computer or only by a human or by either,
including, but not limited to, computer printouts, magnetic storage media,
punched cards, or stored internally in the memory of the computer.
"Computer network" means two or more computers connected by a
network.
"Computer operation" means arithmetic, logical, monitoring,
storage or retrieval functions and any combination thereof, and includes, but
is not limited to, communication with, storage of data to, or retrieval of
data from any device or human hand manipulation of electronic or magnetic
impulses. A "computer operation" for a particular computer may also be any
function for which that computer was generally designed.
"Computer program" means an ordered set of data representing
coded instructions or statements that, when executed by a computer, causes the
computer to perform one or more computer operations.
"Computer services" means computer time or services,
including data processing services, Internet services, electronic mail
services, electronic message services, or information or data stored in
connection therewith.
"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.
"Electronic mail service provider" means any person who (i)
is an intermediary in sending or receiving electronic mail and (ii) provides
to end-users of electronic mail services the ability to send or receive
electronic mail.
"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.
"Network" means any combination of digital transmission
facilities and packet switches, routers, and similar equipment interconnected
to enable the exchange of computer data.
"Owner" means an owner or lessee of a computer or a computer
network or an owner, lessee, or licensee of computer data, computer programs,
or computer software.
"Person" shall include any individual, partnership,
association, corporation or joint venture.
"Property" shall include:
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:
a. Tangible or
intangible;
b. In a format readable by humans or by a
computer;
c. In transit between computers or within a
computer network or between any devices which comprise a computer;
or
d. Located on any paper or in any device on which it is
stored by a computer or by a human; and
4. Computer
services.
A person "uses" a computer or computer network when he
attempts to cause or causes:
1. A computer or computer network to perform or to stop
performing computer operations;
2. The withholding or
denial of the use of a computer, computer network, computer program,
computer data or computer software to another user; or
3. A
person to put false information into a computer.
A person is "without authority" when he has no right or
permission of the owner to use a computer or he uses a computer or computer
network in a manner exceeding such right or permission.
§ 18.2-152.3:1. Transmission of unsolicited bulk
electronic mail; penalty.
A. Any person who:
1. Uses a computer or computer network with the intent to
falsify or forge electronic mail transmission information or other routing
information in any manner in connection with the transmission of unsolicited
bulk electronic mail through or into the computer network of an electronic
mail service provider or its subscribers; or
2. Knowingly sells, gives, or otherwise distributes or
possesses with the intent to sell, give, or distribute software that (i) is
primarily designed or produced for the purpose of facilitating or enabling
the falsification of electronic mail transmission information or other
routing information; (ii) has only limited commercially significant purpose
or use other than to facilitate or enable the falsification of electronic
mail transmission information or other routing information; or (iii) is
marketed by that person acting alone or with another for use in facilitating
or enabling the falsification of electronic mail transmission information or
other routing information is guilty of a Class 1 misdemeanor.
B. A person is guilty of a Class 6 felony if he commits a
violation of subsection A and:
1. The volume of UBE transmitted exceeded 10,000 attempted
recipients in any 24-hour period, 100,000 attempted recipients in any 30-day
time period, or one million attempted recipients in any one-year time
period; or
2. The revenue generated from a specific UBE transmission
exceeded $1,000 or the total revenue generated from all UBE transmitted to
any EMSP exceeded $50,000.
C. A person is guilty of a Class 6 felony if he knowingly
hires, employs, uses, or permits any minor to assist in the transmission of
UBE in violation of subdivision B 1 or subdivision B 2.
§ 18.2-152.4. Computer trespass; penalty.
A. It shall be unlawful for any person to use a computer or
computer network without authority and with the intent to:
1. Temporarily or permanently remove, halt, or otherwise
disable any computer data, computer programs, or computer software from a
computer or computer network;
2. Cause a computer to
malfunction, regardless of how long the malfunction persists;
3. Alter or erase any computer data, computer programs, or computer
software;
4. Effect the creation or alteration of a
financial instrument or of an electronic transfer of funds;
5. Cause physical injury to the property of another;
6.
Make or cause to be made an unauthorized copy, in any form, including, but
not limited to, any printed or electronic form of computer data, computer
programs, or computer software residing in, communicated by, or produced by
a computer or computer network.
B. Any person who violates this section shall be guilty of
computer trespass, which offense shall be punishable as a Class 1 misdemeanor.
If there is damage to the property of another valued at $2,500 or more caused
by such person's malicious act in violation of this section, the offense shall
be punishable as a Class 6 felony.
C. Nothing in this section shall be construed to interfere
with or prohibit terms or conditions in a contract or license related to
computers, computer data, computer networks, computer operations, computer
programs, computer services, or computer software or to create any liability
by reason of terms or conditions adopted by, or technical measures implemented
by, a Virginia-based electronic mail service provider to prevent the
transmission of unsolicited electronic mail in violation of this article.
Nothing in this section shall be construed to prohibit the monitoring of
computer usage of, the otherwise lawful copying of data of, or the denial of
computer or Internet access to a minor by a parent or legal guardian of the
minor.
§ 18.2-152.12. Civil relief; damages.
A. Any person whose property or person is injured by reason
of a violation of any provision of this article may sue therefor and recover
for any damages sustained, and the costs of suit. Without limiting the
generality of the term, "damages" shall include loss of profits.
B. If the injury under this article arises from the
transmission of unsolicited bulk electronic mail in contravention of the
authority granted by or in violation of the policies set by the electronic
mail service provider where the defendant has knowledge of the authority or
policies of the EMSP or where the authority or policies of the EMSP are
available on the electronic mail service provider's website, the injured
person, other than an electronic mail service provider, may also recover
attorneys' fees and costs, and may elect, in lieu of actual damages, to
recover the lesser of $10 for each and every unsolicited bulk electronic mail
message transmitted in violation of this article, or $25,000 per day. The
injured person shall not have a cause of action against the electronic mail
service provider that merely transmits the unsolicited bulk electronic mail
over its computer network. Transmission of electronic mail from an
organization to its members shall not be deemed to be unsolicited bulk
electronic mail.
C. If the injury under this article arises from the
transmission of unsolicited bulk electronic mail in contravention of the
authority granted by or in violation of the policies set by the electronic
mail service provider where the defendant has knowledge of the authority or
policies of the EMSP or where the authority or policies of the EMSP are
available on the electronic mail service provider's website, an injured
electronic mail service provider may also recover attorneys' fees and costs,
and may elect, in lieu of actual damages, to recover $1 for each and every
intended recipient of an unsolicited bulk electronic mail message where the
intended recipient is an end user of the EMSP or $25,000 for each day an
attempt is made to transmit an unsolicited bulk electronic mail message to an
end user of the EMSP. In calculating the statutory damages under this
provision, the court may adjust the amount awarded as necessary, but in doing
so shall take into account the number of complaints to the EMSP generated by
the defendant's messages, the defendant's degree of culpability, the
defendant's prior history of such conduct, and the extent of economic gain
resulting from the conduct. Transmission of electronic mail from an
organization to its members shall not be deemed to be unsolicited bulk
electronic mail.
D. At the request of any party to an action brought pursuant
to this section, the court may, in its discretion, conduct all legal
proceedings in such a way as to protect the secrecy and security of the
computer, computer network, computer data, computer program and computer
software involved in order to prevent possible recurrence of the same or a
similar act by another person and to protect any trade secrets of any party
and in such a way as to protect the privacy of nonparties who complain about
violations of this section.
E. The provisions of this article shall not be construed to
limit any person's right to pursue any additional civil remedy otherwise
allowed by law.
F. A civil action under this section must be commenced before
expiration of the time period prescribed in § 8.01-40.1. In
actions alleging injury arising from the transmission of unsolicited bulk
electronic mail, personal jurisdiction may be exercised pursuant to
§ 8.01-328.1.
§ 18.2-152.16. Forfeitures for violation of this
article.
All moneys and other income, including all proceeds earned
but not yet received by a defendant from a third party as a result of the
defendant's violations of this article, and all computer equipment, all
computer software, and all personal property used in connection with any
violation of this article known by the owner thereof to have been used in
violation of this article, shall be subject to lawful seizure by a
law-enforcement officer and forfeiture by the Commonwealth in accordance with
the procedures set forth in Chapter 22.1 (§ 19.2-386.1 et seq.) of Title
19.2, applied mutatis mutandis.