SENATE AMENDED
        PRIOR PRINTER'S NOS. 291, 987, 2003           PRINTER'S NO. 2043

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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 AMENDED ON SECOND CONSIDERATION, IN SENATE, OCTOBER 24, 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 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; or
    17         (2)  intentionally and without authorization accesses,


     1     alters, damages or destroys any computer, computer system or,  <--
     2     computer network or any computer software, program or data     <--
     3     base contained in the computer, computer system or computer
     4     network., COMPUTER SOFTWARE, COMPUTER PROGRAM OR COMPUTER      <--
     5     DATA BASE OR ANY PART THEREOF.
     6     (b)  Grading.--An offense under subsection (a)(1) is a felony
     7  of the third degree. An offense under subsection (a)(2) is a
     8  misdemeanor of the first degree.
     9     (c)  Definitions.--As used in this section the following
    10  words and phrases shall have the meanings given to them in this
    11  subsection:
    12     "Access."  To approach, instruct, communicate with, store      <--
    13  data in, retrieve data from or otherwise make use of any
    14  resources of a computer, computer system or computer network.
    15     "Computer."  An electronic, magnetic, optical, hydraulic,
    16  organic or other high speed data processing device or system
    17  which performs logic, arithmetic or memory functions and
    18  includes all input, output, processing, storage, software or
    19  communication facilities which are connected or related to the
    20  device in a system or network.
    21     "Computer network."  The interconnection of two or more
    22  computers through the usage of satellite, microwave, line or
    23  other communication medium.
    24     "Computer program."  An ordered set of instructions or
    25  statements and related data that, when automatically executed in
    26  actual or modified form in a computer system, causes it to
    27  perform specified functions.
    28     "Computer software."  A set of computer programs, procedures
    29  and associated documentation concerned with the operation of a
    30  computer system.
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     1     "Computer system."  A set of related, connected or
     2  unconnected computer equipment, devices and software.
     3     "Data base."  A representation of information, knowledge,
     4  facts, concepts or instructions which are being prepared or have
     5  been prepared in a formalized manner and are intended for use in
     6  a computer, computer system or computer network.
     7     "Financial instrument."  Includes, but is not limited to, any
     8  check, draft, warrant, money order, note, certificate of
     9  deposit, letter of credit, bill of exchange, credit or debit
    10  card, transaction authorization mechanism, marketable security
    11  or any computer system representation thereof.
    12     "Property."  Includes, but is not limited to, financial
    13  instruments, computer software and programs in either machine or
    14  human readable form, and anything of value, tangible or
    15  intangible.
    16     "Services."  Includes, but is not limited to, computer time,
    17  data processing and storage functions.
    18     Section 2.  This act shall take effect in 60 days.








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