CHAPTER 76
COMPUTER OFFENSES
Subchapter
A. General Provisions
B. Hacking and Similar Offenses
C. Internet Child Pornography
D. Unlawful Use of Computers
E. Electronic Mail
Enactment. Chapter 76 was added December 16, 2002, P.L.1953,
No.226, effective in 60 days.
Cross References. Chapter 76 is referred to in section 3575
of Title 42 (Judiciary and Judicial Procedure).
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
7601. Definitions.
7602. Jurisdiction.
7603. Restitution.
7604. Concurrent jurisdiction.
7605. Defense.
7606. Construction.
§ 7601. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Access." To intercept, instruct, communicate with, store
data in, retrieve data from or otherwise make use of any
resources of a computer, computer system, computer network or
database.
"Computer." An electronic, magnetic, optical, hydraulic,
organic or other high-speed data processing device or system
which performs logic, arithmetic or memory functions and
includes all input, output, processing, storage, software or
communication facilities which are connected or related to the
device in a system or network.
"Computer data." A representation of information, knowledge,
facts, concepts or instructions which is being prepared or has
been prepared and is intended to be processed, is being
processed or has been processed in a computer or computer
network and may be in any form, whether readable only by a
computer or only by a human or by either, including, but not
limited to, computer printouts, magnetic storage media, punched
card or stored internally in the memory of the computer.
"Computer network." The interconnection of two or more
computers through the usage of satellite, microwave, line or
other communication medium.
"Computer operation." Arithmetic, logical, monitoring,
storage or retrieval functions and any combination thereof,
including, but not limited to, communication with, storage of
data to or retrieval of data from any device or human hand
manipulation of electronic or magnetic impulses. In reference to
a particular computer, the term also includes any function for
which that computer was generally designed.
"Computer program." An ordered set of instructions or
statements and related data that, when automatically executed in
actual or modified form in a computer system, causes it to
perform specified functions.
"Computer software." A set of computer programs, procedures
or associated documentation concerned with the operation of a
computer system.
"Computer system." A set of related, connected or
unconnected computer equipment, devices and software.
"Computer virus." A computer program copied to, created on
or installed to a computer, computer network, computer program,
computer software or computer system without the informed
consent of the owner of the computer, computer network, computer
program, computer software or computer system that may replicate
itself and that causes or can cause unauthorized activities
within or by the computer, computer network, computer program,
computer software or computer system.
"Database." A representation of information, knowledge,
facts, concepts or instructions which are being prepared or
processed or have been prepared or processed in a formalized
manner and are intended for use in a computer, computer system
or computer network, including, but not limited to, computer
printouts, magnetic storage media, punched cards or data stored
internally in the memory of the computer.
"Denial-of-service attack." An explicit attempt to prevent
legitimate users of a service from using that service,
including, but not limited to:
(1) flooding a network, thereby preventing legitimate
network traffic;
(2) disrupting connections between two computers,
thereby preventing access to a service;
(3) preventing a particular person from accessing a
service; or
(4) disrupting service to a specific computer system or
person.
"Deprive." To withhold property of another permanently or
for so extended a period as to appropriate a major portion of
its economic value, or with intent to restore only upon payment
of reward or other compensation, or to dispose of the property
so as to make it unlikely that the owner will recover it.
"Economic value." The market value of property or an
instrument which creates, releases, discharges or otherwise
affects a valuable legal right, privilege or obligation at the
time and place of the crime or, if such cannot be satisfactorily
ascertained, the cost of replacement of the property or
instrument within a reasonable time after the crime.
"Electronic mail service provider." A person who is an
intermediary in sending or receiving electronic mail or who
provides to end-users of electronic mail services the ability to
send or receive electronic mail.
"Electronic mail transmission information." Information used
to identify the origin or destination of a transmission or to
aid in its routing, including information recorded as part of
electronic mail whether or not such information is displayed
initially to the user upon receipt of electronic mail, that
purports to represent the information used to identify the
origin or destination of a transmission or to aid in its
routing.
"Established business relationship." A prior or existing
relationship formed by a voluntary two-way communication
initiated by a person or entity and a recipient with or without
an exchange of consideration, on the basis of an inquiry,
application purchase or transaction by the recipient regarding
products or services offered by such persons or entity. In
regard to an inquiry, the person or entity shall obtain the
consent of a recipient beyond the initial inquiry. An
established business relationship does not exist if the
recipient requests to be removed from the distribution lists of
an initiator.
"Fax." The transmission of the facsimile of a document
through a connection with a telephone or computer network.
"Financial instrument." Includes, but is not limited to, any
check, draft, warrant, money order, note, certificate of
deposit, letter of credit, bill of exchange, credit or debit
card, transaction authorization mechanism, marketable security
or any computer system representation thereof.
"Internet service provider." A person who furnishes a
service that enables users to access content, information,
electronic mail or other services offered over the Internet.
"Person." Any individual, corporation, partnership,
association, organization or entity capable of holding a legal
or beneficial interest in property.
"Property." Includes, but is not limited to, financial
instruments, computer software and programs in either machine or
human readable form, and anything of value, tangible or
intangible.
"Telecommunication device." Any type of instrument, device,
machine or equipment which is capable of transmitting,
acquiring, decrypting or receiving any telephonic, electronic,
data, Internet access, audio, video, microwave or radio
transmissions, signals, communications or services, including
the receipt, acquisition, transmission or decryption of all such
communications, transmissions, signals or services over any
cable television, telephone, satellite, microwave, radio or
wireless distribution system or facility, or any part, accessory
or component thereof, including any computer circuit, security
module, smart card, software, computer chip, electronic
mechanism or other component, accessory or part which is capable
of facilitating the transmission, decryption, acquisition or
reception of all such communications transmissions, signals or
services.
"Wireless advertisement." The initiation of a telephone call
or a message capable of providing text, graphic or image
messages by a commercial mobile service provider, unlicensed
wireless services provider or common carrier wireless exchange
access service provider for the purpose of marketing goods or
services. The term does not include a call or message to a
person with that person's prior express invitation or permission
or to a person with whom the caller has an established business
relationship.
"World Wide Web." Includes, but is not limited to, a
computer server-based file archive accessible over the Internet,
using a hypertext transfer protocol, file transfer protocol or
other similar protocols.
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