PRINTER'S NO. 407
No. 372 Session of 1989
INTRODUCED BY RAYMOND, BORTNER, JACKSON, MARKOSEK, BOYES,
DEMPSEY, NAHILL, HERMAN, REBER, SEMMEL, BUNT, TRELLO,
ANGSTADT, SERAFINI, SCHEETZ, HESS, CORNELL, J. TAYLOR,
CLYMER, HECKLER, GANNON, LETTERMAN, FARMER, JOHNSON, BILLOW,
MAIALE, COLAFELLA, SCHULER, DIETTERICK, VROON, FLICK,
E. Z. TAYLOR, FARGO, B. SMITH, GEIST, LEH, ITKIN, VEON,
OLASZ, BELFANTI, CIVERA AND McVERRY, FEBRUARY 8, 1989
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 8, 1989
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;
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; [or]
6 (3) intentionally or knowingly and without authorization
7 gives or publishes a password, identifying code, personal
8 identification number or other confidential information about
9 a computer, computer system, computer network or data
10 base[.];
11 (4) intentionally or knowingly and without authorization
12 or exceeding authorization inserts a computer virus into any
13 computer, computer system, computer network, computer
14 software, computer program or data base or any part thereof;
15 (5) intentionally or knowingly provides a computer virus
16 program to others in circumstances in which those others
17 would not know of its effects;
18 (6) intentionally or knowingly accesses or causes to be
19 accessed or otherwise uses or causes to be used a computer,
20 computer system, computer network, computer software,
21 computer program or data base or any part thereof with the
22 intent to obtain unauthorized computer services or
23 information; or
24 (7) intentionally or knowingly and without authorization
25 or exceeding authorization denies or causes the denial of
26 computer services to an authorized user of a computer,
27 computer system, computer network, computer software,
28 computer program or data base or any part thereof.
29 [(b) Grading.--An offense under subsection (a)(1) is a
30 felony of the third degree. An offense under subsection (a)(2)
19890H0372B0407 - 2 -
1 or (3) is a misdemeanor of the first degree.]
2 (b) Grading.--An offense under subsection (a) is:
3 (1) A felony of the second degree with a mandatory
4 sentence of five years if the offense causes the disruption
5 of or interference with vital services or operations of State
6 or local government or a public utility.
7 (2) A felony of the second degree if the offense causes
8 the disruption of or interference with the services or
9 operations of a State or local government computer system.
10 (3) A felony of the third degree if damage to or the
11 value of the property or computer services affected exceeds
12 $10,000.
13 (4) A misdemeanor of the first degree if damage to or
14 the value of the property or computer services affected
15 exceeds $5,000.
16 (5) A misdemeanor of the second degree if the damage to
17 or the value of the property or computer services affected is
18 $5,000 or less.
19 (c) Valuation.--For the purposes of subsection (b), the
20 value of property or computer services shall be:
21 (1) the market value of the property or computer
22 services at the time of the offense;
23 (2) if the property or computer services are damaged or
24 destroyed as a result of the offense committed, the cost of
25 reproducing or replacing the property or computer services at
26 the time of the offense; or
27 (3) if the value of the property or computer services or
28 damage thereto cannot be satisfactorily ascertained, $5,000.
29 [(c)] (d) Definitions.--As used in this section, the
30 following words and phrases shall have the meanings given to
19890H0372B0407 - 3 -
1 them in this subsection:
2 "Access." To intercept, instruct, communicate with, store
3 data in, retrieve data from or otherwise make use of any
4 resources of a computer, computer system, computer network or
5 data base.
6 ["Computer." An electronic, magnetic, optical, hydraulic,
7 organic or other high speed data processing device or system
8 which performs logic, arithmetic or memory functions and
9 includes all input, output, processing, storage, software or
10 communication facilities which are connected or related to the
11 device in a system or network.]
12 "Computer." An electronic, optical, electrochemical or other
13 high-speed data processing device performing logical, arithmetic
14 and storage functions.
15 "Computer network." The interconnection of two or more
16 computers through the usage of satellite, microwave, line or
17 other communication medium.
18 "Computer program." An ordered set of instructions or
19 statements and related data that, when automatically executed in
20 actual or modified form in a computer system, causes it to
21 perform specified functions.
22 "Computer software." A set of computer programs, procedures
23 and associated documentation concerned with the operation of a
24 computer system.
25 ["Computer system." A set of related, connected or
26 unconnected computer equipment, devices and software.]
27 "Computer system." Any equipment or interconnected system or
28 subsystem of equipment that is used in the automatic
29 acquisition, storage, manipulation, management, movement,
30 control, display, switching, interchange, transmission or
19890H0372B0407 - 4 -
1 reception of data or information. The term includes computers,
2 peripheral devices, software, firmware and similar automated
3 procedures; and services, including support services.
4 "Computer virus." A program or set of computer instructions
5 with the ability to replicate all or part of itself when
6 inserted into a computer's memory, operating system, files or
7 application programs, which may include malicious computer
8 instructions designed to alter or destroy data.
9 "Data base." A representation of information, knowledge,
10 facts, concepts or instructions which are being prepared or
11 processed or have been prepared or processed in a formalized
12 manner and are intended for use in a computer, computer system
13 or computer network, including, but not limited to, computer
14 printouts, magnetic storage media, punched cards or data stored
15 internally in the memory of the computer.
16 "Financial instrument." Includes, but is not limited to, any
17 check, draft, warrant, money order, note, certificate of
18 deposit, letter of credit, bill of exchange, credit or debit
19 card, transaction authorization mechanism, marketable security
20 or any computer system representation thereof.
21 "Information." A representation of knowledge, facts,
22 concepts or instructions which are being prepared or have been
23 prepared directly or indirectly from an organized set of data,
24 and are intended to be processed, are being processed or have
25 been processed in a computer system or computer network. It may
26 be classified as intellectual property and may be in a form
27 including, but not limited to, computer printouts, magnetic or
28 optical storage media, punched cards or internal storage in the
29 memory of the computer.
30 "Local government." Any county, city, borough, incorporated
19890H0372B0407 - 5 -
1 town, township or any similar general purpose unit of government
2 which may be created by the General Assembly.
3 "Peripheral devices." Includes any data storage facility or
4 communications facility directly related to or operating in
5 conjunction with a computer.
6 "Property." Includes, but is not limited to, financial
7 instruments, computer software and programs in either machine or
8 human readable form, and anything of value, tangible or
9 intangible.
10 "Services." Includes, but is not limited to, computer time,
11 data processing and storage functions.
12 "State agency." Any administrative department, independent
13 board or commission of the Commonwealth.
14 "State or local government computer system." A computer
15 system operated by a State agency or local government.
16 "Vital services or operations." Those services or operations
17 required to provide, operate, maintain and repair network
18 cabling, transmission, distribution or computer facilities
19 necessary to ensure or protect the public health, safety or
20 welfare. Public health, safety or welfare includes, but is not
21 limited to, services provided by medical personnel or
22 institutions, fire departments, emergency services agencies,
23 national defense contractors, armed forces or militia personnel,
24 private and public utility companies or law enforcement
25 agencies.
26 Section 2. This act shall take effect in 60 days.
A6L18JLW/19890H0372B0407 - 6 -