CRIMES CODE (18 PA.C.S.) - AMEND UNLAWFUL USE OF COMPUTER
                  Act of May 26, 2000, P.L. 127, No. 24               Cl. 18
                             Session of 2000
                               No. 2000-24

     SB 1077

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for unlawful use of
        a computer.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 3933 of Title 18 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 3933.  Unlawful use of computer.
        (a)  Offense defined.--A person commits [an] the offense [if
     he] of unlawful use of a computer if he, whether in person,
     electronically or through the intentional distribution of a
     computer virus:
            (1)  accesses, exceeds authorization to access, alters,
        damages or destroys any computer, computer system, computer
        network, computer software, computer program or data base or
        any part thereof, with the intent:
                (i)  to interrupt the normal functioning of an
            organization [or]; or
                (ii)  to devise or execute any scheme or artifice to
            defraud [or], deceive or control property or services by
            means of false or fraudulent pretenses, representations
            or promises;
            (2)  intentionally and without authorization accesses,
        alters, interferes with the operation of, damages or destroys
        any computer, computer system, computer network, computer
        software, computer program or computer data base or any part
        thereof; [or]
            (3)  intentionally or knowingly and without authorization
        gives or publishes a password, identifying code, personal
        identification number or other confidential information about
        a computer, computer system, computer network or data
        base[.]; or
            (4)  intentionally or knowingly engages in a scheme or
        artifice, including, but not limited to, a denial of service
        attack, upon any computer, computer system, computer network,
        computer software, computer program, computer server or data
        base or any part thereof that is designed to block, impede or
        deny the access of information or initiation or completion of
        any sale or transaction by users of that computer, computer
        system, computer network, computer software, computer
        program, computer server or data base or any part thereof.
        (b)  Grading.--An offense under subsection (a)(1) is a felony
     of the third degree. An offense under subsection (a)(2) [or
     (3)], (3) or (4) is a misdemeanor of the first degree.
        (c)  Definitions.--As used in this section the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "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
     data base.
        "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 network."  The interconnection of two or more
     computers through the usage of satellite, microwave, line or
     other communication medium.
        "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
     and 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 or installed
     on 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 unauthorized activities within or by the
     computer, computer network, computer program, computer software
     or computer system.
        "Data base."  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.
        "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.
        "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.
        "Services."  Includes, but is not limited to, computer time,
     data processing and storage functions.
        (d)  Restitution.--Upon conviction under this section for the
     intentional distribution of a computer virus, the sentence shall
     include an order for the defendant to reimburse the victim for:
            (1)  the cost of repairing or, if necessary, replacing
        the affected computer, computer system, computer network,
        computer software, computer program or data base;
            (2)  lost profit for the period that the computer,
        computer system, computer network, computer software,
        computer program or data base is not usable; or
            (3)  the cost of replacing or restoring the data lost or
        damaged as a result of a violation of this section.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 26th day of May, A. D. 2000.

     THOMAS J. RIDGE