US Laws, Codes, Statutes & Cases

 
  § 156.00 Offenses involving computers; definition of terms.
    The  following definitions are applicable to this chapter except where
  different meanings are expressly specified:
    1.  "Computer"  means  a  device  or  group  of  devices   which,   by
  manipulation   of   electronic,  magnetic,  optical  or  electrochemical
  impulses, pursuant to a  computer  program,  can  automatically  perform
  arithmetic, logical, storage or retrieval operations with or on computer
  data,  and  includes any connected or directly related device, equipment
  or  facility  which  enables  such  computer  to  store,   retrieve   or
  communicate  to or from a person, another computer or another device the
  results of computer operations, computer programs or computer data.
    2. "Computer program" is property and means an  ordered  set  of  data
  representing  coded  instructions  or  statements that, when executed by
  computer, cause the computer to process data or direct the  computer  to
  perform  one or more computer operations or both and may be in any form,
  including magnetic storage media, punched cards, or stored internally in
  the memory of the computer.
    3.  "Computer  data"  is  property  and  means  a  representation   of
  information,  knowledge, facts, concepts or instructions which are being
  processed, or have been processed in a computer and may be in any  form,
  including magnetic storage media, punched cards, or stored internally in
  the memory of the computer.
    4.  "Computer  service"  means  any  and  all  services provided by or
  through the facilities of any computer communication system allowing the
  input, output, examination, or transfer, of computer  data  or  computer
  programs from one computer to another.
    5.  "Computer  material"  is  property  and means any computer data or
  computer program which:
    (a) contains records of the medical history or medical treatment of an
  identified or readily identifiable individual or individuals. This  term
  shall  not  apply  to the gaining access to or duplication solely of the
  medical history or medical treatment records of a person by that  person
  or  by  another  specifically authorized by the person whose records are
  gained access to or duplicated; or
    (b)  contains  records  maintained  by  the  state  or  any  political
  subdivision thereof or any governmental instrumentality within the state
  which  contains  any  information  concerning  a  person,  as defined in
  subdivision seven of section 10.00 of this  chapter,  which  because  of
  name,  number, symbol, mark or other identifier, can be used to identify
  the  person  and  which  is  otherwise  prohibited  by  law  from  being
  disclosed.  This  term  shall  not  apply  to  the  gaining access to or
  duplication solely of records of a person by that person or  by  another
  specifically authorized by the person whose records are gained access to
  or duplicated; or
    (c)  is  not  and is not intended to be available to anyone other than
  the person or persons  rightfully  in  possession  thereof  or  selected
  persons  having  access  thereto  with  his  or  their consent and which
  accords or  may  accord  such  rightful  possessors  an  advantage  over
  competitors  or  other  persons who do not have knowledge or the benefit
  thereof.
    6. "Uses a computer or computer service without  authorization"  means
  the  use of a computer or computer service without the permission of, or
  in excess of the permission of, the owner or lessor or someone  licensed
  or  privileged by the owner or lessor after notice to that effect to the
  user of the computer or computer service has been given by:
    (a) giving actual notice in writing or orally to the user; or
    (b) prominently posting written notice adjacent to the computer  being
  utilized by the user; or
    (c)  a notice that is displayed on, printed out on or announced by the
  computer being  utilized  by  the  user.  Proof  that  the  computer  is
  programmed  to automatically display, print or announce such notice or a
  notice  prohibiting  copying,  reproduction  or  duplication  shall   be
  presumptive   evidence  that  such  notice  was  displayed,  printed  or
  announced.
    7. "Felony" as used in this article means any felony  defined  in  the
  laws  of  this  state  or  any  offense defined in the laws of any other
  jurisdiction for which a sentence to a term of imprisonment in excess of
  one year is authorized in this state.