PRINTER'S NO. 1309
No. 1077 Session of 1999
INTRODUCED BY EARLL, O'PAKE, WHITE, HART, LEMMOND, TILGHMAN,
ROBBINS, WAUGH, KASUNIC, WOZNIAK, SCHWARTZ AND RHOADES,
SEPTEMBER 7, 1999
REFERRED TO COMMUNICATIONS AND HIGH TECHNOLOGY,
SEPTEMBER 7, 1999
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for unlawful use of
3 a computer.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3933 of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 3933. Unlawful use of computer.
9 (a) Offense defined.--A person commits an offense if he:
10 (1) accesses, alters, damages or destroys any computer,
11 computer system, computer network, computer software,
12 computer program or data base or any part thereof, with the
13 intent to interrupt the normal functioning of an organization
14 or to devise or execute any scheme or artifice to defraud or
15 deceive or control property or services by means of false or
16 fraudulent pretenses, representations or promises, including
17 through the intentional distribution of a computer virus;
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, including through the intentional distribution of a
6 computer virus; or
7 (3) intentionally or knowingly and without authorization
8 gives or publishes a password, identifying code, personal
9 identification number or other confidential information about
10 a computer, computer system, computer network or data base,
11 including such information as may have been obtained through
12 the intentional distribution of a computer virus.
13 (b) Grading.--An offense under subsection (a)(1) is a felony
14 of the third degree. An offense under subsection (a)(2) or (3)
15 is a misdemeanor of the first degree.
16 (c) Definitions.--As used in this section the following
17 words and phrases shall have the meanings given to them in this
18 subsection:
19 "Access." To intercept, instruct, communicate with, store
20 data in, retrieve data from or otherwise make use of any
21 resources of a computer, computer system, computer network or
22 data base.
23 "Computer." An electronic, magnetic, optical, hydraulic,
24 organic or other high speed data processing device or system
25 which performs logic, arithmetic or memory functions and
26 includes all input, output, processing, storage, software or
27 communication facilities which are connected or related to the
28 device in a system or network.
29 "Computer network." The interconnection of two or more
30 computers through the usage of satellite, microwave, line or
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1 other communication medium.
2 "Computer program." An ordered set of instructions or
3 statements and related data that, when automatically executed in
4 actual or modified form in a computer system, causes it to
5 perform specified functions.
6 "Computer software." A set of computer programs, procedures
7 and associated documentation concerned with the operation of a
8 computer system.
9 "Computer system." A set of related, connected or
10 unconnected computer equipment, devices and software.
11 "Computer virus." A computer program copied to or installed
12 on a computer without the informed consent of the owner of the
13 computer that may replicate itself and that causes unauthorized
14 activities within or by the target computer.
15 "Data base." A representation of information, knowledge,
16 facts, concepts or instructions which are being prepared or
17 processed or have been prepared or processed in a formalized
18 manner and are intended for use in a computer, computer system
19 or computer network, including, but not limited to, computer
20 printouts, magnetic storage media, punched cards or data stored
21 internally in the memory of the computer.
22 "Financial instrument." Includes, but is not limited to, any
23 check, draft, warrant, money order, note, certificate of
24 deposit, letter of credit, bill of exchange, credit or debit
25 card, transaction authorization mechanism, marketable security
26 or any computer system representation thereof.
27 "Property." Includes, but is not limited to, financial
28 instruments, computer software and programs in either machine or
29 human readable form, and anything of value, tangible or
30 intangible.
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1 "Services." Includes, but is not limited to, computer time,
2 data processing and storage functions.
3 (d) Restitution.--Upon conviction under this section for the
4 intentional distribution of a computer virus, the sentence shall
5 include an order for the defendant to reimburse the victim for
6 the cost of repairing or, if necessary, replacing the affected
7 computer, computer system, computer network, computer software,
8 computer program or data base.
9 Section 2. This act shall take effect in 60 days.
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