234 lines
11 KiB
Plaintext
234 lines
11 KiB
Plaintext
Article 7.1.
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Computer Crimes.
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Sections 18.2-152.1. Short title. - This article shall be known
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and may be cited as the "Virginia Computer Crimes Act." (1984, c.
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751.)
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Sections 18.2-152.2. Definitions. - For purposes of this article:
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"Computer" means an electronic, magnetic, optical, hydraulic or
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organic device which, pursuant to a computer program, to human
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instruction, or to permanent instructions contained in the device
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or group of devices, can automatically perform computer
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operations with or on computer data and can communicate the
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results to another computer or to a person. The term 'computer'
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includes any connected or directly related device, equipment, or
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facility which enables the computer to store, retrieve or
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communicate computer programs, computer data or the results of
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computer operations to or from a person, another computer or
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another device.
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"Computer data" means any representation of information,
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knowledge, facts, concepts, or instructions which is being
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prepared or has been prepared and is intended to be processed,
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is being processed, or has been processed in a computer or
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computer network. "Computer data" may be in any form, whether
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readable only by a computer or only by a human or by either,
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including, but not limited tom computer printouts, magnetic
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storage media, punched cards, or stored internally in the memory
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of the computer.
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"Computer network" means a set of related, remotely connected
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devices and any communications facilities including more than one
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computer with the capability to transmit data among them through
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the communications facilities.
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"Computer operation" means arithmetic, logical, monitoring,
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storage or retrieval functions and any combination thereof, and
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includes, but is not limited to, communication with, storage of
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data to, or retrieval of data from any device or human hand
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manipulation of electronic or magnetic impulses. A "computer
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operation" for a particular computer may also be any function for
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which that computer was generally designed.
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"Computer program" means an ordered set of data representing
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coded instructions or statements that, when executed by a
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computer, causes the computer to perform one or more computer
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operations.
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"Computer services" includes computer time or services or data
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processing services or information or data stored in connection
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therewith.
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"Computer software" means a set of computer programs, procedures
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and associated documentation concerned with computer data or with
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the operation of a computer, computer program, or computer
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network.
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"Financial instrument" includes, but is not limited to, any
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check, draft, warrant, money order, note, certificate of deposit,
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letter of credit, bill of exchange, credit or debit card,
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transaction authorization mechanism, marketable security, or any
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computerized representation thereof
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"Owner" means an owner or lessee of a computer or a computer
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network or an owner, lessee, or licensee of computer data,
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computer programs, or computer software.
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"Person" shall include any individual, partnership, association,
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corporation or joint venture.
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"Property" shall include:
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1. Real property;
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2. Computers and computer networks;
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3. Financial instruments, computer data, computer programs,
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computer software and all other personal property regardless of
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whether they are:
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a. Tangible or intangible;
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b. In a format readable by humans or by a computer;
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c. In transit between computers or within a computer network or
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between any devices which comprise a computer; or
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d. Located on any paper or in any device on which it is stored by
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a computer or by a human; and
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4. Computer services.
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A person "uses" a computer or computer network when he:
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1. Attempts to cause or causes a computer or computer network to
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perform or to stop performing computer operations;
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2. Attempts to cause or causes the withholding or denial of the
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use of a computer, computer network, computer program, computer
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data or computer software to another user; or
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3. Attempts to cause or causes another person to put false
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information into a computer.
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A person is "without authority" when he has no right or
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permission of the owner to use a computer, or he uses a computer
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in a manner exceeding such right or permission. (1984, c. 751.)
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Sections 18.2-152.3. Computer fraud. - Any person who uses
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computer or computer network without authority and with the
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intent to:
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1. Obtain property or services by false pretenses;
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2. Embezzle or commit larceny; or
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3. Convert the property of another shall be guilty of the crime
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of computer fraud. If the value of the property of services
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obtained is $200 or more, the crime of computer fraud shall be
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punishable as a Class 5 felony. Where the value of the property
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or services obtained is less than $200.00 or more, the crime of
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computer fraud shall be punishable as a Class 5 felony. Where
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the value of the property or services obtained is less than
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$200.00, the crime of computer fraud shall be punishable as a
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Class 1 misdemeanor. (1984, c. 751; 1985, c.322)
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Sections 18.2-152.4. Computer trespass. - Any person who uses a
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computer or computer network without authority and with the
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intent to :
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1. Temporarily or permanently remove computer data, computer
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programs or computer software from a computer or computer
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network;
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2. Cause a computer data, computer programs or computer
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software;
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3. Alter or erase any computer data, computer programs or
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computer persists;
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4. Effect the creation or alteration of a financial instrument
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or of an electronic transfer of funds;
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5. Cause physical injury to the property of another; or
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6. Make or cause to be made an unauthorized copy, in any form,
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including, but not limited to, any printed or electronic form or
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computer data, computer programs or computer software residing
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in, communicated by or produced by a computer or computer network
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shall be guilty of the crime of computer trespass, which shall be
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punishable as a Class 1 misdemeanor.
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Sections 18.2-152.5. Computer invasion of privacy. - A. A person
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is guilty of the crime of computer invasion of privacy when he
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uses a computer or computer network and intentionally examines
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without authority any employment, salary, credit or any other
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financial or personal information relating to any other person.
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"Examination" under this section requires the offender to review
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the information relating to any other person after the time at
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which the offender knows or should know that he is without
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authority to view the information displayed.
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B. The crime of computer invasion of privacy shall be punishable
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as a Class 3 misdemeanor. (1984, c. 751; 1985, c. 398.)
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Sections 18.2-152.6. Theft of computer services. - Any person who
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willfully uses a computer or computer network, with intent to
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obtain computer services without authority, shall be guilty of
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the crime of theft of computer services, which shall be
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punishable as a Class 1 misdemeanor.
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Sections 18.2-152.7. Personal trespass by computer. - A. A person
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is guilty of the crime of personal trespass by computer when he
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uses a computer or computer network without authority and with
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the intent to cause physical injury to an individual.
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B. If committed maliciously, the crime of personal trespass by
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computer shall be punishable as a Class 3 felony. If such act be
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done unlawfully but not maliciously, the crime of personal
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trespass by computer shall be punishable as a Class 1
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misdemeanor.
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Sections 18.2-152.8. Property capable of embezzlement. - For
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purposes of Section 18.2-111, personal property subject to
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embezzlement shall include:
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1. Computers and computer networks;
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2. Financial instruments, computer data, computer programs,
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computer software and all other personal property regardless of
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whether they are:
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a. Tangible or intangible;
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b. In a format readable by humans or by a computer;
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c. In transit between computers or within a computer network or
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between any devices which comprise a computer; or
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d. Located on any paper or in any device on which it is stored by
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a computer or by a human; and
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3. Computer services.
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Sections 18.2-152.9. Limitation of prosecution. -
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Notwithstanding the provisions of Section 19.2-8, prosecution of
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a crime which is punishable as a misdemeanor pursuant to this
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article must be commenced before the earlier of (i) five years
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after the commission of the last act in the course of conduct
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constituting a violation of this article or (ii) one year after
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the existence of the illegal act and the identity of the offender
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are discovered by the Commonwealth, by the owner, or by anyone
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else who is damaged by such violation.
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Section 18.2-152.10. Venue for prosecution. - For the purpose of
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venue under this article, any violation of this article shall be
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considered to have been committed in any county or city:
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1. In which any act was performed in furtherance of any course
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of conduct which violated this article;
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2. In which the owner has his principal place of business in the
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Commonwealth;
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3. In which any offender had control or possession of any
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proceeds of the violation or of any books, records, documents,
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property, financial instrument, computer software, computer
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program, computer data, or other material or objects which were
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used in furtherance of the violation;
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4. From which, to which, or through which any access to a
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computer or computer network was made whether by wires,
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electromagnetic waves, microwaves, or any other means of
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communication;
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5. In which the offender resides; or
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6. In which any computer which is an object or an instrument of
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the violation is located at the time of the alleged offense.
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Section 18.2-152.11. Article not exclusive. - The provisions of
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this article shall not be construed to preclude the applicability
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of any other provision of the criminal law of this Commonwealth
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which presently applies or may in the future apply to any
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transaction or course of conduct which violates this article,
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unless such provision is clearly inconsistent with the terms of
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this article.
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Section 18.2-152.12. Civil relief; damages. - A. Any person
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whose property or person is injured by reason of a violation of
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any provision of this article may sue therefor and recover for
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any damages sustained, and the costs of suit. Without limiting
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the generality of the term, "damages" shall include loss of
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profits.
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B. At the request of any party to an action brought pursuant to
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this section, the court may, in its discretion, conduct all legal
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proceedings in such a way as to protect the secrecy and security
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of the computer, computer network, computer data, computer
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program and computer software involved in order to prevent
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possible recurrence of the same or similar act by another person
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and to protect any trade secrets of any party.
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C. The provisions of this article shall not be construed to limit
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any person's right to pursue any additional civil remedy
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otherwise allowed by law.
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D. A civil action under this section must be commenced before
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expiration of the time period prescribed in Section 8.01-40.1.
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