157 lines
7.0 KiB
Plaintext
157 lines
7.0 KiB
Plaintext
/* R FRINGE COMMENTARY- Here with go with the Tennessee Computer
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Crimes Act, Tenn. Code 39-3-1401, adopted 1983. */
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SECTION 39-3-1401.Short title.-- This part shall be known, and
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may be cited as the Computer Crimes Act.
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SECTION 39-3-1402. Legislative findings. The general assembly
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finds and declares that:
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(1) Computer-related crime is a potential problem in business
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and government;
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(2) Computer-related crime occurs at great cost to the public
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since losses for each incident of computer crime tend to be far
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greater than the losses associated with each incident of other
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white collar crime;
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(3) The opportunities for computer-related crime in business
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and government through the introduction of fraudulent records into
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a computer system, the unauthorized use of computers,the
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alteration or destruction of computerized information or files,
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and the stealing of financial instruments, data, and other assets
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are great;
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(4) Computer-related crime has a direct affect on state
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commerce;
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(5) While various forms of computer crime might possibly be
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the subject of criminal charges based on other provisions of
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law, it is appropriate and desirable that a statute be enacted
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which deals directly with computer crime.
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SECTION 39-3-1403 Definitions-- For the purposes of this part,
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the following words (including any form of the word) and terms
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shall have the following meanings:
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(1) "Access" means to approach, instruct, communicate with,
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store data in, retrieve or intercept data from, or otherwise make
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use of any resources of, a computer, computer system, or computer
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network;
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(2) "Computer" means a device that can perform substantial
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computation, including numerous arithmetic or logical operations,
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without intervention by a human operator during the processing of
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a job;
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(3) "Computer network" means a set of two (2) or more
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computer systems that transmit data over communication circuits
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connecting them;
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(4) "Computer Program" means an ordered set of data that are
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coded instructions or statements that when executed by a computer
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cause the computer to process data;
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(5) "Computer software" means 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" means a set of connected devices
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including a computer and other devices including, but not limited
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to, one or more of the following: data input, output, or storage
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devices, data communication circuits, and operating system
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computer programs that make the system capable of performing data
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processing tasks;
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(7) "Data" is 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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stored or processed, or is being stored or processed, in a
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computer, computer system or computer network;
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(8) "Financial instruments" includes, but is not limited to,
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any check, cashier's check, draft, warrant, money order,
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certificate of deposit, negotiable instrument, letter of credit,
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bill of exchange, credit card, debit card, or marketable
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security, or any computer system representation thereof;
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(9) "Intellectual property" includes data, which may be in
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any form including but not limited to, computer printouts,
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magnetic storage media, punched cards, or may be stored
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internally in the computer;
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(10) "To process" is to use a computer to put data through a
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systematic sequence of operations for the purpose of producing
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specified result;
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(11) "Property" includes, but is not limited to,
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intellectual property, financial instruments, data, computer
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programs, documentation associated with computer programs, all in
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machine-readable or human-readable form, and any tangible or
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intangible item of value; and
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(12) "Services" includes, but is not limited to, the use of
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a computer, a computer system, a computer network, computer
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software, computer program, or data to perform tasks.
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SECTION 39-3-1404 Violations-- Penalties-- (a) Whoever knowingly
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and willfully, directly or indirectly, accesses, causes to be
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accessed, or attempts to access any computer software, computer
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program, data, computer, computer system, computer network, or
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any part thereof, for the purpose of:
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(1) Devising or executing any scheme or artifice to defraud;
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(2) Obtaining money, property, or services for themselves or
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another by means of false or fraudulent pretenses,
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representations, or promises shall, upon convicting thereof,be
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fined a sum of not more than fifty thousand dollars ($50,000) or
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imprisoned not less than three (3) years nor more than ten (10)
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years, or both.
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(b) Whoever intentionally and without authorization,
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directly or indirectly accesses, alters, damages, destroys or
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attempt to damage or destroy any computer, computer system, or
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computer network, or any computer software, program or data,
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shall, upon conviction thereof, be fined not more than fifty
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thousand dollars ($ 50,000) or imprisoned not less than three (3)
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nor more than ten (10) years, or both.
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(c) Whoever receives, conceals or uses, or aid another in
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receiving, concealing or using, any proceeds resulting from a
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violation of either subsection (a) or (b) of this section, knowing
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same to be proceeds of such violation, or whoever receives,
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conceals, or uses, or aids another in receiving, concealing or
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using, any books, records, documents, property, financial
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instrument, computer software, computer program, or other
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material, property or objects, knowing same to have been used in
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violating either subsection (a) or (b) of this section shall,
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upon conviction thereof, be fined not more than twenty-five
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thousand dollars ($25,000) or imprisoned not less than three (3)
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nor more than ten (10) years, or both.
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SECTION 39-3-1495 Venue-- FOr the purpose of venue under the
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provisions of this part, any violation of this part shall be
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considered to have been committed:
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(1) In any county in which any act was performed in
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furtherance of any transaction violating this part;
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(2) In any county in which any violator had control or
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possession of any proceeds of such violation or of any books,
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records, documents, property, financial instrument, computer
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software, computer program or other material, objects or items
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which were used in furtherance of said violation; and
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(3) In any county from which, to which or through which any
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access to a computer, computer system, or computer network was
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made whether by wire, electromagnetic waves or any other means of
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communication.
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SECTION 39-3-1406 Construction with other statutes-- The criminal
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offenses created by this part shall not be deemed to supersede,
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or repeal, any criminal offense.
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