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- /* R FRINGE COMMENTARY- Here with go with the Tennessee Computer
- Crimes Act, Tenn. Code 39-3-1401, adopted 1983. */
-
- SECTION 39-3-1401.Short title.-- This part shall be known, and
- may be cited as the Computer Crimes Act.
-
- SECTION 39-3-1402. Legislative findings. The general assembly
- finds and declares that:
-
- (1) Computer-related crime is a potential problem in business
- and government;
-
- (2) Computer-related crime occurs at great cost to the public
- since losses for each incident of computer crime tend to be far
- greater than the losses associated with each incident of other
- white collar crime;
-
- (3) The opportunities for computer-related crime in business
- and government through the introduction of fraudulent records into
- a computer system, the unauthorized use of computers,the
- alteration or destruction of computerized information or files,
- and the stealing of financial instruments, data, and other assets
- are great;
-
- (4) Computer-related crime has a direct affect on state
- commerce;
-
- (5) While various forms of computer crime might possibly be
- the subject of criminal charges based on other provisions of
- law, it is appropriate and desirable that a statute be enacted
- which deals directly with computer crime.
-
- SECTION 39-3-1403 Definitions-- For the purposes of this part,
- 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 logical operations,
- without intervention by a human operator during the processing of
- a job;
-
- (3) "Computer network" means a set of two (2) 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
- including a computer 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, in a
- computer, computer system or computer network;
-
- (8) "Financial instruments" includes, but is not limited to,
- any check, cashier's 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 computer;
-
- (10) "To process" is to use a computer to put data through a
- systematic sequence of operations for the purpose of producing
- specified result;
-
- (11) "Property" includes, but is not limited to,
- intellectual property, financial instruments, data, computer
- programs, documentation associated with computer programs, all in
- machine-readable or human-readable form, and any 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.
-
- SECTION 39-3-1404 Violations-- Penalties-- (a) Whoever 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:
-
- (1) Devising or executing any scheme or artifice to defraud;
-
- (2) Obtaining money, property, or services for themselves or
- another by means of false or fraudulent pretenses,
- representations, or promises shall, upon convicting thereof,be
- fined a sum of not more than fifty thousand dollars ($50,000) or
- imprisoned not less than three (3) years nor more than ten (10)
- years, or both.
-
- (b) Whoever intentionally and without authorization,
- directly or indirectly accesses, alters, damages, destroys or
- attempt to damage or destroy any computer, computer system, or
- computer network, or any computer software, program or data,
- shall, upon conviction thereof, be fined not more than fifty
- thousand dollars ($ 50,000) or imprisoned not less than three (3)
- nor more than ten (10) years, or both.
-
- (c) Whoever receives, conceals or uses, or aid another in
- receiving, concealing or using, any proceeds resulting from a
- violation of either subsection (a) or (b) of this section, knowing
- same to be proceeds of such violation, or whoever receives,
- conceals, or uses, or aids another in receiving, concealing or
- using, any books, records, documents, property, financial
- instrument, computer software, computer program, or other
- material, property or objects, knowing same to have been used in
- violating either subsection (a) or (b) of this section shall,
- upon conviction thereof, be fined not more than twenty-five
- thousand dollars ($25,000) or imprisoned not less than three (3)
- nor more than ten (10) years, or both.
-
- SECTION 39-3-1495 Venue-- FOr the purpose of venue under the
- provisions of this part, any violation of this part shall be
- considered to have been committed:
-
- (1) In any county in which any act was performed in
- furtherance of any transaction violating this part;
-
- (2) In any county in which any violator had control or
- possession of any proceeds of such violation 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
-
- (3) In any county from which, to which or through which any
- access to a computer, computer system, or computer network was
- made whether by wire, electromagnetic waves or any other means of
- communication.
-
- SECTION 39-3-1406 Construction with other statutes-- The criminal
- offenses created by this part shall not be deemed to supersede,
- or repeal, any criminal offense.
-
-