138 lines
6.2 KiB
Plaintext
138 lines
6.2 KiB
Plaintext
The Kentucky Computer Crime law
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follows. This statute was enacted in 1984. */
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SECTION 434.840
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Unlawful access to a Computer
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434.840. Definitions.-- For the purposes of KRS 434.845 and
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434.850, the following words (including any form of the word) and
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terms shall have the following meanings:
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(1) "Access" means to approach, instruct, communicate with, store
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data in, retrieve or intercept data from, or otherwise make use
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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 logic 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 off two or more computer
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systems that transmit data over communication circuits connecting
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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
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computer 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 and other
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devices including, but not limited to, one or more of the
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following: data input, output, or storage devices, data
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communication circuits, and operating system computer programs
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that make the system capable of performing data processing tasks;
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(7) "Data" is a representation of information, knowledge, facts,
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concepts, or instructions which are being prepared or have been
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prepared in a formalized manner, and is intended to be stored or
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processed, or is being stored or processed, or has been stored or
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processed, in a computer, computer systems or computer network;
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(8) "Financial instruments" includes, but is not limited to, any
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check, draft, warrant, money order, certificate of deposit,
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negotiable instrument, letter of credit, bill of exchange, credit
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card, debit card or marketable security, or any computer system
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representation thereof;
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(9) "Intellectual property" includes data, which may be in any
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form including, but not limited to, computer printouts, magnetic
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storage media, punched cards, or may be stored internally in the
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memory of a 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 a
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specified result;
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(11) "Property" includes, but is not limited to, intellectual
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property, financial instruments, data, computer programs,
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documentation associated with data, computers, computer systems
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and computer programs, all in machine-readable or human-readable
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form, and any other tangible or intangible item of value; and
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(12) "Services" includes, but is not limited to, the use of a
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computer, a computer system, a computer network, computer
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software, computer program, or data to perform tasks.
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434.845. Unlawful access to a computer in the first degree.- (1)
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A person is guilty of unlawful access to a computer in the first
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degree when he knowingly and willfully, directly or indirectly
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accesses, causes to be accessed, or attempts to access any
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computer software, computer program, data, computer, computer
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system, computer network, or any part thereof, for the purpose
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of:
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(a) Devising or executing any scheme or artifice to defraud; or
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(b) 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; or
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(c) Altering, damaging, destroying, or attempting to alter,
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damage, or destroy, any computer, computer system, or computer
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network, or any computer software, program or data.
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(2) Accessing, attempting to access, or causing to be accessed
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any computer software, computer program, data, computer, computer
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system, computer network, or any part thereof, even though fraud,
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false or fraudulent pretenses, representations, or promises may
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have been involved in the access or attempt to access shall not
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constitute a violation of this section if the sole purpose of the
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access was to obtain information and not to commit any other act
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proscribed by this section.
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(3) Unlawful access to a computer in the first degree is a Class
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C felony.
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434.850. Unlawful access to computer in the second degree. - (1) A
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person is guilty of unlawful access to a computer in the second
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degree when he without authorization knowingly and willfully,
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directly or indirectly access, causes to be accessed, or attempts
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to access any computer software, computer program, data,
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computer, computer system, computer network, or any part thereof.
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(2) Unlawful access to a computer in the second degree is a Class
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A misdemeanor.
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434.855. Misuses of computer information.- (1) A person is guilty
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of misuse of computer information when he:
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(a) Receives, conceals, or uses, or aid another in doing so, any
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process of a violation of KRS 434.845; or
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(b) Receives, conceals, or uses or aids another in doing so, any
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books, records, documents, property, financial instrument,
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computer software, computer program, or other material, property,
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or objects, knowing the same to have been used in or obtained
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from a violation of KRS 434.845.
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(2) Misuses of computer information is a Class C felony.
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434.860. Venue. - For the purpose of venue under the provisions
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of KRS 434.845, 434.850 or 434.855, any violation of KRS 434.845,
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434.850 or 434.855, shall be considered to have been committed:
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in any county in which any act was performed in furtherance of
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any transaction violating KRS 434.845, 434.850 or 434.855; in any
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county in which any violator or of any books, records, documents,
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property, financial instrument, computer software, computer
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program or other material, objects or items which were used in
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furtherance of said violation; and in any county from which, to
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which or through which any access to a computer, computer system,
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or computer network was made whether by wires, electromagnetic
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waves, microwaves or any other means of communications.
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