GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 822

Short Title:  Amend Computer Crime Act.	(Public)
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Sponsors: Representative Hensley.
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Referred to:  Judiciary III.
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April 8, 1993

A BILL TO BE ENTITLED
AN ACT TO AMEND THE LAWS REGARDING COMPUTER-RELATED CRIME.
The General Assembly of North Carolina enacts:
Section 1.  Article 60 of Chapter 14 of the General Statutes reads as rewritten:
"ARTICLE 60.
"Computer-Related Crime."
"§ 14-453. Definitions.
As used in this Article, unless the context clearly requires otherwise, the following terms have the meanings specified:
(1)	'Access' means to instruct, communicate with, cause input, cause output, cause data processing, or otherwise make use of any resources of a computer, computer system, or computer network.
(1a)	'Authorization' means having the consent or permission of the owner, or of the person licensed or authorized by the owner to grant consent or permission to access a computer, computer system, or computer network in a manner not exceeding the consent or permission.
(2)	'Computer' means an internally programmed, automatic device that performs data processing.
(3)	'Computer network' means the interconnection of communication systems with a computer through remote terminals, or a complex consisting of two or more interconnected computers.
(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 at least one computer together with a set of related, connected, or unconnected peripheral devices.
(6a)	'Data' means a representation of information, facts, knowledge, concepts, or instructions prepared in a formalized or other manner and intended for use in a computer, computer system, or computer network.  Data may be embodied in any form, including computer printouts, magnetic storage media, and punch cards, or may be stored internally in the memory of a computer.
(7)	'Financial instrument' includes any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card or marketable security, or any electronic data processing representation thereof.
(8)	'Property' includes financial instruments, information, including electronically processed or produced data, and computer software and computer programs in either machine or human readable form, and any other tangible or intangible item of value.
(8a)	'Resource' includes peripheral devices, computer software, computer programs, and data, and means to be a part of a computer, computer system, or computer network.
(9)	'Services' includes computer time, data processing and storage functions.
"§ 14-454. Accessing computers.
(a)	A person is guilty of a Class H felony if he willfully, directly or indirectly, accesses or causes to be accessed any computer, computer system, or computer network for the purpose of:
(1)	Devising or executing any scheme or artifice to defraud, unless the object of the scheme or artifice is to obtain educational testing material, a false educational testing score, or a false academic or vocational grade, or
(2)	Obtaining property or services other than educational testing material, a false educational testing score, or a false academic or vocational grade for himself or another, by means of false or fraudulent pretenses, representations or promises.
(b)	Any person who willfully and without authorization, directly  or indirectly, accesses or causes to be accessed any computer, computer system, or computer network for any purpose other than those set forth in subsection (a) above, is guilty of a misdemeanor.
(c)	For the purpose of this section, the term 'accessing or causing to be accessed' includes introducing, directly or indirectly, a computer program (including a self-replicating or a self-propagating computer program), into a computer, computer system, or computer network.
"§ 14-455. Damaging computers, computer systems, computer networks, and resources.
(a)	A person is guilty of a Class H felony if he willfully and without authorization alters, damages or destroys:
(1)	A computer, computer system, or computer network; or
(2)	Any computer software, computer program, or data residing or existing internal or external to a computer, computer system, or computer network.
	(c)	This section applies to damage or destruction effectuated by introducing, directly or indirectly, a computer program (including a self-replicating or a self-propagating computer program), into a computer, computer system, or computer network.
"§ 14-456. Denial of computer services to an authorized user.
(a)	Any person who willfully and without authorization denies or causes the denial of computer, computer system, or computer network services to an authorized user of the computer, computer system, or computer network services is guilty of a Class H felony.
(b)	This section also applies to denial of services effectuated by introducing, directly or indirectly, a computer program (including a self-replicating or a self-propagating computer program), into a computer, computer system, or computer network.
"§ 14-457. Extortion.
Any person who verbally or by a written or printed communication, maliciously threatens to commit an act described in G.S. 14-455 with the intent to extort money or any pecuniary advantage, or with the intent to compel any person to do or refrain from doing any act against his will, is guilty of a Class H felony.
"§ 14-458.  Civil remedy.
In addition to any other civil remedy available, the owner or lessee of the computer, computer system, computer network, computer software, computer program, or data may bring a civil action against any person convicted under this Article for compensatory damages, including any expenditure reasonably and necessarily incurred by the owner or lessee to verify that a computer, computer system, computer network, computer software, computer program, or data was or was not accessed, altered, damaged, or destroyed.  For the purpose of actions authorized by this section and notwithstanding any limitation contained in G.S. 1-538.1, the conduct of an unemancipated minor shall be imputed to the parent or legal guardian having control or custody of the minor.
In any action brought pursuant to this section, the court may award reasonable attorneys' fees to the prevailing party."
Sec. 2.  This act becomes effective December 1, 1993, and applies to offenses committed on or after that date.