textfiles/law/sc_lawsta.law

/* R FRINGE COMMENTARY: Here's the South Carolina Computer Crimes Law, 
adopted 1984, see Code of Laws of South Carolina, 16-16-10*/

                SOUTH CAROLINA COMPUTER CRIME ACT


SECTION 16-16-10. Definitions

    For purposes of this chapter:

          (a) "Computer" means an electronic device that performs 
logical, arithmetic, and memory functions by manipulating 
electronic or magnetic impulses, and includes all input, output, 
processing, storage, computer software, and communication 
facilities that are connected or related to a computer in a 
computer system or computer network but does not include any 
computer or other electronic device designed and manufactured 
for, and which is used exclusively for routine personal, family, 
or household purposes and which is not used to access, to 
communicate with, or to manipulate any other computer.

/* Be sure that you have a modem so that your computer is 
protected by this law. */

    (b) "Computer network" means the interconnection of 
communications lines, or any other communications facilities, with 
a computer through remote terminals, or a system consisting of 
two or more interconnected computers.

          (1) DATA. A representation of information, knowledge, 
facts, concepts, or instructions which are being prepared or have 
been prepared in a formalized manner, and is intended to be 
processed, is being processed, or has been processed in a 
computer system or computer network, and should be classified as 
intellectual property, and may be in any form, including computer 
printouts, magnetic storage media, punched cards, or stored 
internally in the memory of the computer.

          (2) INTELLECTUAL PROPERTY. Data, including computer 
programs.

(c) "Computer program" means a series of instructions or 
statements executable on a computer which directs the computer 
system in a manner to process data or perform other to specified 
functions.



          (5) COMPUTER SOFTWARE. A set of computer programs, 
procedures, and associated documentation concerned with the 
operation of a computer, computer system or computer network.

          (6) COMPUTER SYSTEM. A series of related, connected or 
unconnected, computer equipment, devices or computer software.



          (8) COMPUTER SYSTEM SERVICES. The utilization of a 
computer, computer system, or computer network to assist an 
individual or entity with the performance of a particular lawful 
function which that individual or entity has been given the 
right, duty and power, together with the responsibility, to 
perform.

          (9) PROPERTY. Anything of value as defined by law, and 
includes financial instruments, information, including 
electronically produced data and computer software and computer 
programs in either machine or human readable form, and any other 
tangible or intangible item of value.

          (10) FINANCIAL INSTRUMENT. Includes 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.

SECTION 12A-8-102. Acts constituting offenses against 
intellectual property; punishment.

     (a) Whoever willfully, knowingly, and without authorization 
or without reasonable grounds to believe that he has such 
authorization, attempts or achieves access, communication, 
examination, or modification of data, computer programs, or 
supporting documentation residing or existing internal or 
external to a computer, computer system, or computer network 
commits an offense against intellectual property.

     (b) Whoever willfully, knowingly, and without authorization 
or without reasonable grounds to believe that he has such 
authorization, destroys data, computer programs, or supporting 
documentation residing or existing internal or external or 
external to a computer, computer system or computer network 
commits an offense against intellectual property.

     (c) Whoever willfully, knowingly, and without authorization 
or without reasonable ground to believe that he has such 
authorization, discloses, uses, or takes data, computer programs, 
or supporting documentation residing or existing internal or 
external to a computer, computer system, or computer network 
commits an offense against intellectual property.

     (d) (1)Except as otherwise provided in this subsection, an 
offense against intellectual property is a Class A misdemeanor, 
punishable as is provided by law. 

     (2) If the offense is committed for the purpose of devising 
or executing any scheme or artifice to defraud or to obtain any 
property, then the offender is guilty of a Class C felony, 
punishable as is provided by law.

     (3) if the damage to such intellectual property is $ 
2,500.00 or greater, or if there is an interruption or impairment 
of government operation or public communication, transportation, 
or supply of water, gas, or other public or utility service, then 
the offender is guilty of a Class B felony, punishable as 
provided by law.

     (4) Whoever willfully, knowingly, and without authorization 
alters or removes data causing physical injury to any person who 
is not involved in said act shall be guilty of a Class A felony, 
punishable as is provided by law.

SECTION 13A-8-103 Acts constituting offense against computer 
equipment or supplies; punishment.

     (a)(1) Whoever willfully, knowingly, and without 
authorization or without reasonable grounds to believe that he 
has such authorization, modifies equipment or supplies that are 
used or intended to be used in a computer, computer system, or 
computer network commits an offense against computer equipment or 
supplies.

     (2)a. Except as provided in this subsection, an offense 
against computer equipment or supplies as provided in subdivision 
(a)(1) is a Class A misdemeanor, punishable as provided by law.

     b. If the offense is committed for the purpose of devising 
or executing any scheme or artifice to defraud or to obtain any 
property, then the offender is guilty of a Class C felony, 
punishable as provided by law.

     (b)(1) Whoever willfully, knowingly, and without 
authorization or without reasonable grounds to believe that he has 
such authorization, destroys, uses, takes, injures, or damages 
equipment or supplies used or intended to be used in a computer, 
computer system, or computer network, or whoever willfully, 
knowingly, and without authorization or without reasonable 
grounds to believe that he has such authorization, destroys, 
injures, takes or damages any computer, computer system, or 
computer network commits an offense against computer equipment 
and supplies.

     (2)a. Except as provided in this subsection, an offense 
against computer equipment or supplies as provided in subdivision 
(b)(1) is a Class A misdemeanor, punishable as provided by law.

     b. If the damage to such computer equipment or supplies or 
to the computer, computer system, or computer network is $ 
2,500.00 or greater, or if there is an interruption or impairment 
of government operation or public communication, transportation, 
or supply of water, gas, or other public or utility service, then 
the offender is guilty of a Class B felony, punishable as 
provided by law.
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