165 lines
7.4 KiB
Plaintext
165 lines
7.4 KiB
Plaintext
/* R FRINGE COMMENTARY: Here's the South Carolina Computer Crimes Law,
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adopted 1984, see Code of Laws of South Carolina, 16-16-10*/
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SOUTH CAROLINA COMPUTER CRIME ACT
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SECTION 16-16-10. Definitions
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For purposes of this chapter:
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(a) "Computer" means an electronic device that performs
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logical, arithmetic, and memory functions by manipulating
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electronic or magnetic impulses, and includes all input, output,
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processing, storage, computer software, and communication
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facilities that are connected or related to a computer in a
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computer system or computer network but does not include any
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computer or other electronic device designed and manufactured
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for, and which is used exclusively for routine personal, family,
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or household purposes and which is not used to access, to
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communicate with, or to manipulate any other computer.
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/* Be sure that you have a modem so that your computer is
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protected by this law. */
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(b) "Computer network" means the interconnection of
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communications lines, or any other communications facilities, with
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a computer through remote terminals, or a system consisting of
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two or more interconnected computers.
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(1) DATA. A representation of information, knowledge,
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facts, concepts, or instructions which are being prepared or have
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been prepared in a formalized manner, and is intended to be
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processed, is being processed, or has been processed in a
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computer system or computer network, and should be classified as
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intellectual property, and may be in any form, including computer
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printouts, magnetic storage media, punched cards, or stored
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internally in the memory of the computer.
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(2) INTELLECTUAL PROPERTY. Data, including computer
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programs.
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(c) "Computer program" means a series of instructions or
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statements executable on a computer which directs the computer
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system in a manner to process data or perform other to specified
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functions.
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(5) COMPUTER SOFTWARE. A set of computer programs,
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procedures, and associated documentation concerned with the
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operation of a computer, computer system or computer network.
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(6) COMPUTER SYSTEM. A series of related, connected or
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unconnected, computer equipment, devices or computer software.
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(8) COMPUTER SYSTEM SERVICES. The utilization of a
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computer, computer system, or computer network to assist an
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individual or entity with the performance of a particular lawful
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function which that individual or entity has been given the
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right, duty and power, together with the responsibility, to
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perform.
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(9) PROPERTY. Anything of value as defined by law, and
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includes financial instruments, information, including
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electronically produced data and computer software and computer
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programs in either machine or human readable form, and any other
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tangible or intangible item of value.
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(10) FINANCIAL INSTRUMENT. Includes any check, draft,
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warrant, money order, note, certificate of deposit, letter of
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credit, bill of exchange, credit or debit card, transaction
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authorization mechanism, marketable security, or any computer
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system representation thereof.
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SECTION 12A-8-102. Acts constituting offenses against
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intellectual property; punishment.
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(a) Whoever willfully, knowingly, and without authorization
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or without reasonable grounds to believe that he has such
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authorization, attempts or achieves access, communication,
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examination, or modification of data, computer programs, or
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supporting documentation residing or existing internal or
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external to a computer, computer system, or computer network
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commits an offense against intellectual property.
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(b) Whoever willfully, knowingly, and without authorization
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or without reasonable grounds to believe that he has such
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authorization, destroys data, computer programs, or supporting
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documentation residing or existing internal or external or
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external to a computer, computer system or computer network
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commits an offense against intellectual property.
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(c) Whoever willfully, knowingly, and without authorization
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or without reasonable ground to believe that he has such
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authorization, discloses, uses, or takes data, computer programs,
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or supporting documentation residing or existing internal or
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external to a computer, computer system, or computer network
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commits an offense against intellectual property.
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(d) (1)Except as otherwise provided in this subsection, an
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offense against intellectual property is a Class A misdemeanor,
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punishable as is provided by law.
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(2) If the offense is committed for the purpose of devising
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or executing any scheme or artifice to defraud or to obtain any
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property, then the offender is guilty of a Class C felony,
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punishable as is provided by law.
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(3) if the damage to such intellectual property is $
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2,500.00 or greater, or if there is an interruption or impairment
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of government operation or public communication, transportation,
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or supply of water, gas, or other public or utility service, then
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the offender is guilty of a Class B felony, punishable as
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provided by law.
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(4) Whoever willfully, knowingly, and without authorization
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alters or removes data causing physical injury to any person who
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is not involved in said act shall be guilty of a Class A felony,
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punishable as is provided by law.
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SECTION 13A-8-103 Acts constituting offense against computer
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equipment or supplies; punishment.
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(a)(1) Whoever willfully, knowingly, and without
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authorization or without reasonable grounds to believe that he
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has such authorization, modifies equipment or supplies that are
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used or intended to be used in a computer, computer system, or
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computer network commits an offense against computer equipment or
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supplies.
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(2)a. Except as provided in this subsection, an offense
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against computer equipment or supplies as provided in subdivision
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(a)(1) is a Class A misdemeanor, punishable as provided by law.
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b. If the offense is committed for the purpose of devising
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or executing any scheme or artifice to defraud or to obtain any
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property, then the offender is guilty of a Class C felony,
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punishable as provided by law.
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(b)(1) Whoever willfully, knowingly, and without
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authorization or without reasonable grounds to believe that he has
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such authorization, destroys, uses, takes, injures, or damages
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equipment or supplies used or intended to be used in a computer,
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computer system, or computer network, or whoever willfully,
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knowingly, and without authorization or without reasonable
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grounds to believe that he has such authorization, destroys,
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injures, takes or damages any computer, computer system, or
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computer network commits an offense against computer equipment
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and supplies.
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(2)a. Except as provided in this subsection, an offense
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against computer equipment or supplies as provided in subdivision
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(b)(1) is a Class A misdemeanor, punishable as provided by law.
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b. If the damage to such computer equipment or supplies or
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to the computer, computer system, or computer network is $
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2,500.00 or greater, or if there is an interruption or impairment
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of government operation or public communication, transportation,
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or supply of water, gas, or other public or utility service, then
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the offender is guilty of a Class B felony, punishable as
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provided by law.
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Downloaded From P-80 International Information Systems 304-744-2253
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