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- /* BBS LEGAL GUIDE COMMENTARY: Here's the Alabama Computer Crimes Law,
- adopted 1985, see Al.Code. Section 13A-8. */
-
- ALABAMA COMPUTER CRIME ACT
-
-
- SECTION 13A-8-100. Short title.
-
- This article may be cited as the Alabama Computer Crime Act.
- (Acts, 1985, No. 85-383, Section 1, Page 326.)
-
- SECTION 13A-8-101. Defintions.
-
- When used in this chapter, the following terms shall have
- the following meanings, respectively, unless a different meaning
- clearly appears from the context:
-
- (1) DATA. A representation of information, knowledge,
- facts, concepts, or instructions which are being prepared or have
- been prepared in a formalized manner, and is intended to be
- processed, is being processed, or has been processed in a
- computer system or computer network, and should be classified as
- intellectual property, and may be in any form, including computer
- printouts, magnetic storage media, punched cards, or stored
- internatlly in the memory of the computer.
-
- (2) INTELLECTUAL PROPERTY. Data, including computer
- programs.
-
- (3) COMPUTER PROGRAM. An ordered set of data
- representing coded instructiuons or statements that, when
- executed by a computer, cause the computer to process data.
-
- (4) COMPUTER. An electornic magnetic, optical or other
- high speed data processing device or system which performs
- logical, artihmetic, and memory functions by manipulations of
- electronic magnetic or optical impulses, and includes all input,
- output, processing, storage, computer software, or communication
- facilities which are connected or related to the computer in a
- computer system or computer network.
-
- (5) COMPUTER SOFTWARE. A set of computer programs,
- procedures, and associated documentation concerned with the
- operation of a computer, computer system or computer network.
-
- (6) COMPUTER SYSTEM. A series of related, connected or
- unconnected, computer equipment, devices or computer software.
-
- (7) COMPUTER NETWORK. A set of related, remotely
- connected devices and communication facilities, including more
- than one computer system, with capability to transmit data among
- them through communication facilities.
-
- (8) COMPUTER SYSTEM SERVICES. The utilization of a
- computer, computer system, or computer network to assist an
- individual or entity with the performance of a particular alwful
- function which that individual or entity has been given the
- right, duty and power, together with the responsibility, to
- perform.
-
- (9) PROPERTY. Anything of value as defined by law, and
- includes financial instruments, information, including
- electronically produced data and computer software and computer
- programs in either machine or human readable form, and any other
- tangible or intangible item of value.
-
- (10) FINANCIAL INSTRUMENT. Includes 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 computer
- system representation thereof.
-
- SECTION 12A-8-102. Acts constituting offenses against
- intellectual prorty; punishment.
-
- (a) Whoever willfully, knowingly, and without authorization
- or without reasonable grounds to believe that he has such
- authorization, attempts or achieves access, communication,
- examination, or modification of data, computer programs, or
- supporting documentation residing or existing internal or
- external to a computer, computer system, or computer network
- commits an offense against intellectual property.
-
- (b) Whoever willfully, knowingly, and without authorization
- or without reasoanble grounds to believe that he has such
- authorization, destroys data, computer programs, or supporting
- documentation residing or existing internal or external or
- external to a computer, computer system or computer network
- commits an offense against intellectual property.
-
- (c) Whoever willfully, knowingly, and without authorization
- or without reasonable ground to believe that he has such
- authorization, discloses, uses, or takes data, computer programs,
- or supporting documentation residing or existing intenal or
- external to a computer, computer system, or computer network
- commits an offense against intellectual property.
-
- (d) (1)Except as otherwise provided in this subsection, an
- offense against intellectual property is a Class A misdemeanor,
- unishable as is provided by law.
-
- (2) If the offense is committted for the purpose of devising
- or executing any scheme or artifice to defraud or to obtain any
- property, then the offneder is guilty of a Class C felony,
- punishable as is provided by law.
-
- (3) if the damage to such intellectual property is $
- 2,500.00 or greater, or if there is an interruption or impairment
- of government operation or public communication, transportation,
- or supply of water, gas, or other public or utility service, then
- the offender is guilty of a Class B felony, punishable as
- provided by law.
-
- (4) Whoever willfully, knowingly, and without authorization
- alters or removes data causing physical injury to any person who
- is not involved in said act shall be guilty of a Class A felony,
- punishable as is provided by law.
-
- SECTION 13A-8-103 Acts constituting offense against computer
- equipment or supplies; punishment.
-
- (a)(1) Whoever willfully, knowingly, and without
- authorization or without reasonable grounds to believe that he
- has such authorization, modifies equipment or supplies that are
- used or intended to be used in a computer, computer system, or
- computer network commits an offense against computer equipment or
- supplies.
-
- (2)a. Except as provided in this subsection, an offense
- against computer equipment or supplies as provided in subdivision
- (a)(1) is a Class A misdemeanor, punishable as provided by law.
-
- b. If the offense is committed for the purpose of devising
- or executing any scheme or artifice to defraud or to obtain any
- propertyy, then the offender is guilty of a Class C felony,
- punishable as provided by law.
-
- (b)(1) Whoever willfully, knowingly, and without
- authorzation or without reasonable grounds to believe that he has
- such authorization, destroys, uses, takes, injures, or damages
- equipment or supplies ised or intended to be used in a computer,
- computer system, or computer networrk, or whoever willfully,
- knwoingly, and without authorization or without reasonable
- grounds to believe that he has such authorization, destroys,
- injures, takes or damages any computer, computer system, or
- computer network commits an offense against computer equipment
- and supplies.
-
- (2)a. Except as provided in this subsection, an offense
- against computer equipment or supplies as provided in subdivision
- (b)(1) is a Class A misdemeanor, punishable as provided by law.
-
- b. If the damage to such computer equipment or supplies or
- to the computer, computer system, or computer network is $
- 2,500.00 or greater, or if there is an interruption or impairment
- of government operation or public communication, transportation,
- or supply of water, gas, or other public or utility service, then
- the offender is guilty of a Class B felony, punishable as
- provided by law.