162 lines
7.3 KiB
Plaintext
162 lines
7.3 KiB
Plaintext
Here's the Alabama Computer Crimes Law,
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adopted 1985, see Al.Code. Section 13A-8. */
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ALABAMA COMPUTER CRIME ACT
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SECTION 13A-8-100. Short title.
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This article may be cited as the Alabama Computer Crime Act.
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(Acts, 1985, No. 85-383, Section 1, Page 326.)
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SECTION 13A-8-101. Defintions.
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When used in this chapter, the following terms shall have
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the following meanings, respectively, unless a different meaning
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clearly appears from the context:
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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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internatlly 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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(3) COMPUTER PROGRAM. An ordered set of data
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representing coded instructiuons or statements that, when
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executed by a computer, cause the computer to process data.
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(4) COMPUTER. An electornic magnetic, optical or other
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high speed data processing device or system which performs
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logical, artihmetic, and memory functions by manipulations of
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electronic magnetic or optical impulses, and includes all input,
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output, processing, storage, computer software, or communication
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facilities which are connected or related to the computer in a
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computer system or computer network.
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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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(7) COMPUTER NETWORK. A set of related, remotely
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connected devices and communication facilities, including more
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than one computer system, with capability to transmit data among
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them through communication facilities.
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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 alwful
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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 prorty; 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 reasoanble 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 intenal 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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unishable as is provided by law.
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(2) If the offense is committted 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 offneder 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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propertyy, 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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authorzation 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 ised or intended to be used in a computer,
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computer system, or computer networrk, or whoever willfully,
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knwoingly, 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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