SENATE AMENDED
PRIOR PRINTER'S NOS. 291, 987, 2003, PRINTER'S NO. 2127
2043
No. 258 Session of 1983
INTRODUCED BY RAPPAPORT, SPENCER, SWEET, BLAUM, F. E. TAYLOR,
KOSINSKI, HAGARTY, PICCOLA, L. E. SMITH AND VROON,
FEBRUARY 16, 1983
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 14, 1983
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for computer-related
3 offenses; AND EXTENDING THE SUNSET PROVISION RELATING TO <--
4 WIRETAPPING AND ELECTRONIC SURVEILLANCE.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section SECTIONS to read: <--
9 § 3933. Unlawful use of computer.
10 (a) Offense defined.--A person commits an offense if he:
11 (1) accesses, alters, damages or destroys any computer,
12 computer system, computer network, computer software,
13 computer program or data base or any part thereof, with the
14 intent to interrupt the normal functioning of an organization
15 or to devise or execute any scheme or artifice to defraud or
16 deceive, or control property or services by means of false or
17 fraudulent pretenses, representations or promises; or
1 (2) intentionally and without authorization accesses,
2 alters, damages or destroys any computer, computer system or, <--
3 computer network or any computer software, program or data <--
4 base contained in the computer, computer system or computer
5 network., COMPUTER SOFTWARE, COMPUTER PROGRAM OR COMPUTER <--
6 DATA BASE OR ANY PART THEREOF.
7 (b) Grading.--An offense under subsection (a)(1) is a felony
8 of the third degree. An offense under subsection (a)(2) is a
9 misdemeanor of the first degree.
10 (c) Definitions.--As used in this section the following
11 words and phrases shall have the meanings given to them in this
12 subsection:
13 "Access." To approach, instruct, communicate with, store <--
14 data in, retrieve data from or otherwise make use of any
15 resources of a computer, computer system or computer network.
16 "Computer." An electronic, magnetic, optical, hydraulic,
17 organic or other high speed data processing device or system
18 which performs logic, arithmetic or memory functions and
19 includes all input, output, processing, storage, software or
20 communication facilities which are connected or related to the
21 device in a system or network.
22 "Computer network." The interconnection of two or more
23 computers through the usage of satellite, microwave, line or
24 other communication medium.
25 "Computer program." An ordered set of instructions or
26 statements and related data that, when automatically executed in
27 actual or modified form in a computer system, causes it to
28 perform specified functions.
29 "Computer software." A set of computer programs, procedures
30 and associated documentation concerned with the operation of a
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1 computer system.
2 "Computer system." A set of related, connected or
3 unconnected computer equipment, devices and software.
4 "Data base." A representation of information, knowledge,
5 facts, concepts or instructions which are being prepared or have
6 been prepared in a formalized manner and are intended for use in
7 a computer, computer system or computer network.
8 "Financial instrument." Includes, but is not limited to, any
9 check, draft, warrant, money order, note, certificate of
10 deposit, letter of credit, bill of exchange, credit or debit
11 card, transaction authorization mechanism, marketable security
12 or any computer system representation thereof.
13 "Property." Includes, but is not limited to, financial
14 instruments, computer software and programs in either machine or
15 human readable form, and anything of value, tangible or
16 intangible.
17 "Services." Includes, but is not limited to, computer time,
18 data processing and storage functions.
19 § 5727. EXPIRATION. <--
20 THIS CHAPTER EXPIRES DECEMBER 4, 1988 UNLESS EXTENDED BY
21 STATUTE.
22 SECTION 2. SECTION 3 OF THE ACT OF OCTOBER 4, 1978 (P.L.831,
23 NO.164), ENTITLED "AN ACT AMENDING TITLE 18 (CRIMES AND
24 OFFENSES) OF THE PENNSYLVANIA CONSOLIDATED STATUTES, MAKING
25 CERTAIN REPEALS AND ADDING NEW PROVISIONS RELATING TO
26 WIRETAPPING AND ELECTRONIC SURVEILLANCE," IS REPEALED.
27 Section 2. This act shall take effect in 60 days. 3. (A) <--
28 SECTION 1, INSOFAR AS IT RELATES TO 18 PA.C.S. § 3933, SHALL
29 TAKE EFFECT IN 60 DAYS.
30 (B) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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