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Article 7.1.

Computer Crimes.

Sections 18.2-152.1. Short title. - This article shall be known
and may be cited as the "Virginia Computer Crimes Act." (1984, c.
751.)

Sections 18.2-152.2. Definitions. - For purposes of this article:
"Computer" means an electronic, magnetic, optical, hydraulic or
organic device 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 tom computer printouts, magnetic
storage media, punched cards, or stored internally in the memory
of the computer.

"Computer network" means a set of related, remotely connected
devices and any communications facilities including more than one
computer with the capability to transmit data among them through
the communications facilities.

"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" includes computer time or services or data
processing 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.

"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

"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:
1. Attempts to cause or causes a computer or computer network to
perform or to stop performing computer operations;
2. Attempts to cause or causes the withholding or denial of the
use of a computer, computer network, computer program, computer
data or computer software to another user; or
3. Attempts to cause or causes another 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
in a manner exceeding such right or permission. (1984, c. 751.)

Sections 18.2-152.3. Computer fraud. - Any person who uses
computer or computer network without authority and with the
intent to:
1.  Obtain property or services by false pretenses;
2.  Embezzle or commit larceny; or
3.  Convert the property of another shall be guilty of the crime
of computer fraud.  If the value of the property of services
obtained is $200  or more, the crime of computer fraud shall be
punishable as a Class 5 felony.  Where the value of the property
or services obtained is less than $200.00 or more, the crime of
computer fraud shall be punishable as a Class 5 felony.  Where
the value of the property or services obtained is less than
$200.00, the crime of computer fraud shall be punishable as a
Class 1 misdemeanor. (1984, c. 751; 1985, c.322)

Sections 18.2-152.4.  Computer trespass. - Any person who uses a
computer or computer network without authority and with the
intent to :
1.  Temporarily or permanently remove computer data, computer
programs or computer software from a computer or computer
network;
2.  Cause a computer data, computer programs or computer
software;
3.  Alter or erase any computer data, computer programs or
computer persists;
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; or
6.  Make or cause to be made an unauthorized copy, in any form,
including, but not limited to, any printed or electronic form or
computer data, computer programs or computer software residing
in, communicated by or produced by a computer or computer network
shall be guilty of the crime of computer trespass, which shall be
punishable as a Class 1 misdemeanor.

Sections 18.2-152.5.  Computer invasion of privacy. - A. A person
is guilty of the crime of computer invasion of privacy when he
uses a computer or computer network and intentionally examines
without authority any employment, salary, credit or any other
financial or personal information relating to any other person.
"Examination" under this section requires the offender to review
the information relating to any other person after the time at
which the offender knows or should know that he is without
authority to view the information displayed.
B. The crime of computer invasion of privacy shall be punishable
as a Class 3 misdemeanor. (1984, c. 751; 1985, c. 398.)

Sections 18.2-152.6. Theft of computer services. - Any person who
willfully uses a computer or computer network, with intent to
obtain computer services without authority, shall be guilty of
the crime of theft of computer services, which shall be
punishable as a Class 1 misdemeanor.

Sections 18.2-152.7. Personal trespass by computer. - A. A person
is guilty of the crime of personal trespass by  computer when he
uses a computer or computer network without authority and with
the intent to cause physical injury to an individual.
B.  If committed maliciously, the crime of personal trespass by
computer shall be punishable as a Class 3 felony. If such act be
done unlawfully but not maliciously, the crime of personal
trespass by computer shall be punishable as a Class 1
misdemeanor.

Sections 18.2-152.8. Property capable of embezzlement. - For
purposes of Section 18.2-111, personal property subject to
embezzlement shall include:
1. Computers and computer networks;
2. 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
3. Computer services.

Sections 18.2-152.9. Limitation of prosecution. -
Notwithstanding the provisions of Section 19.2-8, prosecution of
a crime which is punishable as a misdemeanor pursuant to this
article must be commenced before the earlier of (i) five years
after the commission of the last act in the course of conduct
constituting a violation of this article or (ii) one year after
the existence of the illegal act and the identity of the offender
are discovered by the Commonwealth, by the owner, or by anyone
else who is damaged by such violation.

Section 18.2-152.10. Venue for prosecution. - For the purpose of
venue under this article, any violation of this article shall be
considered to have been committed in any county or city:

1.  In which any act was performed in furtherance of any course
of conduct which violated this article;
2.  In which the owner has his principal place of business in the
Commonwealth;
3.  In which any offender had control or possession of any
proceeds of the violation or of any books, records, documents,
property, financial instrument, computer software, computer
program, computer data, or other material or objects which were
used in furtherance of the violation;
4.  From which, to which, or through which any access to a
computer or computer network was made whether by wires,
electromagnetic waves, microwaves, or any other means of
communication;
5.  In which the offender resides; or
6.  In which any computer which is an object or an instrument of
the violation is located at the time of the alleged offense.

Section 18.2-152.11. Article not exclusive. - The provisions of
this article shall not be construed to preclude the applicability
of any other provision of the criminal law of this Commonwealth
which presently applies or may in the future apply to any
transaction or course of conduct which violates this article,
unless such provision is clearly inconsistent with the terms of
this article.

Section 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. 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 similar act by another person
and to protect any trade secrets of any party.
C. 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.
D. A civil action under this section must be commenced before
expiration of the time period prescribed in Section 8.01-40.1.