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- /* BBS LEGAL GUIDE COMMENTARY- The Kentucky Computer Crime law
- follows. This statute was enacted in 1984. */
-
- SECTION 434.840
- Unlawful access to a Computer
-
- 434.840. Definitions.-- For the purposes of KRS 434.845 and
- 434.850, the following words (including any form of the word) and
- terms shall have the following meanings:
-
- (1) "Access" means to approach, instruct, communicate with, store
- data in, retrieve or intercept data from, or otherwise make use
- of any resources of, a computer, computer system or computer
- network;
-
- (2) "Computer" means a device that can perform substantial
- computation, including numerous arithmetic or logic operations,
- without intervention by a human operator during the processing of
- a job;
-
- (3) "Computer network" means a set off two or more computer
- systems that transmit data over communication circuits connecting
- them;
-
- (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, computer system or computer network;
-
- (6) "Computer system" means a set of connected devices and other
- devices including, but not limited to, one or more of the
- following: data input, output, or storage devices, data
- communication circuits, and operating system computer programs
- that make the system capable of performing data processing tasks;
-
- (7) "Data" is 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 stored or
- processed, or is being stored or processed, or has been stored or
- processed, in a computer, computer systems or computer network;
-
- (8) "Financial instruments" includes, but is not limited to, any
- check, draft, warrant, money order, certificate of deposit,
- negotiable instrument, letter of credit, bill of exchange, credit
- card, debit card or marketable security, or any computer system
- representation thereof;
-
- (9) "Intellectual property" includes data, which may be in any
- form including, but not limited to, computer printouts, magnetic
- storage media, punched cards, or may be stored internally in the
- memory of a computer;
-
- (10) "To process" is to use a computer to put data through a
- systematic sequence of operations for the purpose of producing a
- specified result;
-
- (11) "Property" includes, but is not limited to, intellectual
- property, financial instruments, data, computer programs,
- documentation associated with data, computers, computer systems
- and computer programs, all in machine-readable or human-readable
- form, and any other tangible or intangible item of value; and
-
- (12) "Services" includes, but is not limited to, the use of a
- computer, a computer system, a computer network, computer
- software, computer program, or data to perform tasks.
-
- 434.845. Unlawful access to a computer in the first degree.- (1)
- A person is guilty of unlawful access to a computer in the first
- degree when he knowingly and willfully, directly or indirectly
- accesses, causes to be accessed, or attempts to access any
- computer software, computer program, data, computer, computer
- system, computer network, or any part thereof, for the purpose
- of:
-
- (a) Devising or executing any scheme or artifice to defraud; or
-
- (b) Obtaining money, property or services for themselves or
- another by means of false or fraudulent pretenses,
- representations or promises; or
-
- (c) Altering, damaging, destroying, or attempting to alter,
- damage, or destroy, any computer, computer system, or computer
- network, or any computer software, program or data.
-
- (2) Accessing, attempting to access, or causing to be accessed
- any computer software, computer program, data, computer, computer
- system, computer network, or any part thereof, even though fraud,
- false or fraudulent pretenses, representations, or promises may
- have been involved in the access or attempt to access shall not
- constitute a violation of this section if the sole purpose of the
- access was to obtain information and not to commit any other act
- proscribed by this section.
-
- (3) Unlawful access to a computer in the first degree is a Class
- C felony.
-
- 434.850. Unlawful access to computer in the second degree. - (1) A
- person is guilty of unlawful access to a computer in the second
- degree when he without authorization knowingly and willfully,
- directly or indirectly access, causes to be accessed, or attempts
- to access any computer software, computer program, data,
- computer, computer system, computer network, or any part thereof.
-
- (2) Unlawful access to a computer in the second degree is a Class
- A misdemeanor.
-
- 434.855. Misuses of computer information.- (1) A person is guilty
- of misuse of computer information when he:
-
- (a) Receives, conceals, or uses, or aid another in doing so, any
- process of a violation of KRS 434.845; or
-
- (b) Receives, conceals, or uses or aids another in doing so, any
- books, records, documents, property, financial instrument,
- computer software, computer program, or other material, property,
- or objects, knowing the same to have been used in or obtained
- from a violation of KRS 434.845.
-
- (2) Misuses of computer information is a Class C felony.
-
- 434.860. Venue. - For the purpose of venue under the provisions
- of KRS 434.845, 434.850 or 434.855, any violation of KRS 434.845,
- 434.850 or 434.855, shall be considered to have been committed:
- in any county in which any act was performed in furtherance of
- any transaction violating KRS 434.845, 434.850 or 434.855; in any
- county in which any violator or of any books, records, documents,
- property, financial instrument, computer software, computer
- program or other material, objects or items which were used in
- furtherance of said violation; and in any county from which, to
- which or through which any access to a computer, computer system,
- or computer network was made whether by wires, electromagnetic
- waves, microwaves or any other means of communications.