PRIOR PRINTER'S NO. 291 PRINTER'S NO. 987
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 REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 27, 1983
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for computer-related
3 offenses.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section 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 without <--
11 authorization any computer, computer system, computer
12 network, COMPUTER SOFTWARE, COMPUTER PROGRAM OR DATA BASE or <--
13 any part of the computer, system or network, THEREOF, with <--
14 the intent to INTERRUPT THE NORMAL FUNCTIONING OF AN <--
15 ORGANIZATION OR TO devise or execute any scheme or artifice
16 to defraud or deceive, or control property or services by
17 means of false or fraudulent pretenses, representations or
1 promises; or
2 (2) intentionally and without authorization accesses,
3 alters, damages or destroys any computer, computer system or
4 computer network or any computer software, program or data
5 BASE contained in the computer, computer system or computer <--
6 network.
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 device which performs logic, <--
17 arithmetic or memory functions by the manipulations of
18 electronic or magnetic impulses and includes all input, output,
19 processing, storage, software or communication facilities which
20 are connected or related to the device in a system or network.
21 "Computer network." The interconnection of communication
22 lines with a computer through remote terminals or a complex
23 consisting of two or more interconnected computers.
24 "Computer program." A series of instructions or statements,
25 in a form acceptable to a computer, which permits the
26 functioning of a computer system in a manner designed to provide
27 appropriate products from the computer system.
28 "COMPUTER." AN ELECTRONIC, MAGNETIC, OPTICAL, HYDRAULIC, <--
29 ORGANIC OR OTHER HIGH SPEED DATA PROCESSING DEVICE OR SYSTEM
30 WHICH PERFORMS LOGIC, ARITHMETIC OR MEMORY FUNCTIONS AND
19830H0258B0987 - 2 -
1 INCLUDES ALL INPUT, OUTPUT, PROCESSING, STORAGE, SOFTWARE OR
2 COMMUNICATION FACILITIES WHICH ARE CONNECTED OR RELATED TO THE
3 DEVICE IN A SYSTEM OR NETWORK.
4 "COMPUTER NETWORK." THE INTERCONNECTION OF TWO OR MORE
5 COMPUTERS THROUGH THE USAGE OF SATELLITE, MICROWAVE, LINE OR
6 OTHER COMMUNICATION MEDIUM.
7 "COMPUTER PROGRAM." AN ORDERED SET OF INSTRUCTIONS OR
8 STATEMENTS AND RELATED DATA THAT, WHEN AUTOMATICALLY EXECUTED IN
9 ACTUAL OR MODIFIED FORM IN A COMPUTER SYSTEM, CAUSES IT TO
10 PERFORM SPECIFIED FUNCTIONS.
11 "Computer software." A set of computer programs, procedures
12 and associated documentation concerned with the operation of a
13 computer system.
14 "Computer system." A set of related, connected or
15 unconnected computer equipment, devices and software.
16 "Data BASE." A representation of information, knowledge, <--
17 facts, concepts or instructions which are being prepared or have
18 been prepared in a formalized manner and are intended for use in
19 a computer, computer system or computer network.
20 "Financial instrument." Includes, but is not limited to, any
21 check, draft, warrant, money order, note, certificate of
22 deposit, letter of credit, bill of exchange, credit or debit
23 card, transaction authorization mechanisim MECHANISM, marketable <--
24 security or any computer system representation thereof.
25 "Property." Includes, but is not limited to, financial
26 instruments, data, computer software and programs in either <--
27 machine or human READABLE form, and anything of value, tangible <--
28 or intangible.
29 "Services." Includes, but is not limited to, computer time,
30 data processing and storage functions.
19830H0258B0987 - 3 -
1 Section 2. This act shall take effect in 60 days.
B8L18RLC/19830H0258B0987 - 4 -