SENATE AMENDED
PRIOR PRINTER'S NO. 3467 PRINTER'S NO. 4152
No. 2474 Session of 1986
INTRODUCED BY MAYERNIK, DeWEESE, MOEHLMANN, HAGARTY, SWEET,
LASHINGER, McVERRY, CIMINI, WOGAN, DAWIDA, KUKOVICH,
GODSHALL, FLICK, ITKIN, MILLER, MORRIS, TRELLO, PRESSMANN AND
KOSINSKI, MAY 6, 1986
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
NOVEMBER 18, 1986
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for JUVENILE RECORDS <--
3 AND FOR THE unlawful use of computers; AND PROHIBITING THE <--
4 RETENTION OF CERTAIN MILITARY EQUIPMENT.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 3933 of Title 18 of the Pennsylvania
8 Consolidated Statutes is amended 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, interferes with the operation of, damages or destroys
3 any computer, computer system, computer network, computer
4 software, computer program or computer data base or any part
5 thereof[.]; or
6 (3) intentionally or knowingly and without authorization
7 gives or publishes a password, identifying code, personal
8 identification number or other confidential information about
9 a computer, computer system, computer network or data base.
10 (b) Grading.--An offense under subsection (a)(1) is a felony
11 of the third degree. An offense under subsection (a)(2) or (3)
12 is a misdemeanor of the first degree.
13 (c) Definitions.--As used in this section the following
14 words and phrases shall have the meanings given to them in this
15 subsection:
16 "Access." To intercept, instruct, communicate with, store
17 data in, retrieve data from or otherwise make use of any
18 resources of a computer, computer system [or], computer network
19 or data base.
20 "Computer." An electronic, magnetic, optical, hydraulic,
21 organic or other high speed data processing device or system
22 which performs logic, arithmetic or memory functions and
23 includes all input, output, processing, storage, software or
24 communication facilities which are connected or related to the
25 device in a system or network.
26 "Computer network." The interconnection of two or more
27 computers through the usage of satellite, microwave, line or
28 other communication medium.
29 "Computer program." An ordered set of instructions or
30 statements and related data that, when automatically executed in
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1 actual or modified form in a computer system, causes it to
2 perform specified functions.
3 "Computer software." A set of computer programs, procedures
4 and associated documentation concerned with the operation of a
5 computer system.
6 "Computer system." A set of related, connected or
7 unconnected computer equipment, devices and software.
8 "Data base." A representation of information, knowledge,
9 facts, concepts or instructions which are being prepared or
10 processed or have been prepared or processed in a formalized
11 manner and are intended for use in a computer, computer system
12 or computer network, including, but not limited to, computer
13 printouts, magnetic storage media, punched cards or data stored
14 internally in the memory of the computer.
15 "Financial instrument." Includes, but is not limited to, any
16 check, draft, warrant, money order, note, certificate of
17 deposit, letter of credit, bill of exchange, credit or debit
18 card, transaction authorization mechanism, marketable security
19 or any computer system representation thereof.
20 "Property." Includes, but is not limited to, financial
21 instruments, computer software and programs in either machine or
22 human readable form, and anything of value, tangible or
23 intangible.
24 "Services." Includes, but is not limited to, computer time,
25 data processing and storage functions.
26 SECTION 2. TITLE 18 IS AMENDED BY ADDING A SECTION TO READ: <--
27 § 6711. RETENTION OF MILITARY PROPERTY AFTER NOTICE TO RETURN.
28 (A) OFFENSE DEFINED.--A PERSON WHO FAILS TO RETURN ANY
29 MILITARY PROPERTY, EQUIPMENT, IDENTIFICATION PAPERS OR OTHER
30 ITEMS BELONGING TO THE ARMED FORCES OF THE UNITED STATES, ANY
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1 RESERVE COMPONENT, ELEMENT OR COMPONENT THEREOF, OR THE
2 PENNSYLVANIA MILITARY FORCES, AFTER HAVING BEEN GIVEN PROPER
3 NOTICE TO RETURN THE PROPERTY OR EQUIPMENT, COMMITS A SUMMARY
4 OFFENSE.
5 (B) FORM OF NOTICE.--NOTICE TO RETURN MILITARY PROPERTY,
6 EQUIPMENT, IDENTIFICATION PAPERS OR OTHER ITEMS TO THE ARMED
7 FORCES OF THE UNITED STATES, ANY RESERVE COMPONENT, ELEMENT OR
8 COMPONENT THEREOF, OR THE PENNSYLVANIA MILITARY FORCES, MAY BE
9 GIVEN BY PERSONAL NOTICE UPON THE PERSON IN POSSESSION OF THE
10 PROPERTY OR BY MAILING A REGISTERED OR CERTIFIED LETTER TO THE
11 PERSON'S LAST KNOWN ADDRESS. THE NOTICE SHALL RECITE THIS
12 SECTION AND CONTAIN A DEMAND THAT THE PROPERTY BE RETURNED OR,
13 IF IT HAS BEEN LOST OR DESTROYED, THAT RESTITUTION BE PAID AS
14 PROVIDED IN SUBSECTION (C).
15 (C) RESTITUTION TO AVOID PROSECUTION.--A PERSON MAY AVOID
16 PROSECUTION UNDER THIS SECTION BY RETURNING THE PROPERTY OR
17 MAKING RESTITUTION TO THE RESPONSIBLE OFFICIAL OF THE ARMED
18 FORCES OF THE UNITED STATES OR THE PENNSYLVANIA MILITARY FORCES,
19 AS APPLICABLE, PRIOR TO THE DATE OF THE HEARING BEFORE THE
20 DISTRICT JUSTICE, MUNICIPAL COURT JUDGE OR OTHER OFFICIAL
21 AUTHORIZED TO CONDUCT THE HEARING.
22 SECTION 3. SECTION 9123(A) OF TITLE 18 IS AMENDED TO READ:
23 § 9123. JUVENILE RECORDS.
24 (A) EXPUNGEMENT OF JUVENILE RECORDS.--NOTWITHSTANDING THE
25 PROVISIONS OF SECTION 9105 (RELATING TO OTHER CRIMINAL JUSTICE
26 INFORMATION) AND EXCEPT UPON CAUSE SHOWN, EXPUNGEMENT OF RECORDS
27 OF JUVENILE DELINQUENCY CASES WHEREVER KEPT OR RETAINED SHALL
28 OCCUR AFTER TEN DAYS NOTICE TO THE DISTRICT ATTORNEY, WHENEVER
29 THE COURT UPON ITS MOTION OR UPON THE MOTION OF A CHILD OR THE
30 PARENTS OR GUARDIAN FINDS:
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1 (1) A COMPLAINT IS FILED WHICH IS NOT SUBSTANTIATED OR
2 THE PETITION WHICH IS FILED AS A RESULT OF A COMPLAINT IS
3 DISMISSED BY THE COURT [OTHER THAN AS A RESULT OF A CONSENT
4 DECREE];
5 (2) SIX MONTHS HAVE ELAPSED SINCE THE FINAL DISCHARGE OF
6 THE PERSON FROM SUPERVISION UNDER A CONSENT DECREE AND NO
7 PROCEEDING SEEKING ADJUDICATION OR CONVICTION IS PENDING;
8 [(2)] (3) FIVE YEARS HAVE ELAPSED SINCE THE FINAL
9 DISCHARGE OF THE PERSON FROM COMMITMENT, PLACEMENT, PROBATION
10 OR ANY OTHER DISPOSITION AND REFERRAL AND SINCE SUCH FINAL
11 DISCHARGE, THE PERSON HAS NOT BEEN CONVICTED OF A FELONY,
12 MISDEMEANOR OR ADJUDICATED DELINQUENT AND NO PROCEEDING IS
13 PENDING SEEKING SUCH CONVICTION OR ADJUDICATION; OR
14 [(3)] (4) THE INDIVIDUAL IS 21 YEARS OF AGE OR OLDER AND
15 A COURT ORDERS THE EXPUNGEMENT.
16 * * *
17 SECTION 2 4. THIS ACT SHALL TAKE EFFECT IN 60 DAYS. <--
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