2010 Tennessee Code
Title 39 - Criminal Offenses
Chapter 14 - Offenses Against Property
Part 6 - Tennessee Personal and Commercial Computer Act of 2003
39-14-602 - Violations Penalties.

39-14-602. Violations Penalties.

(a)  Whoever knowingly, directly or indirectly, accesses, causes to be accessed, or attempts to access any telephone system, telecommunications facility, computer software, computer program, data, computer, computer system, computer network, or any part thereof, for the purpose of:

     (1)  Obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses, representations, or promises violates this subsection (a) and is subject to the penalties of § 39-14-105;

     (2)  Causing computer output to purposely be false for, but not limited to, the purpose of obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses, representations, or promises violates this subsection (a) and is subject to the penalties of § 39-14-105; or

     (3)  Effecting the creation or alteration of a financial instrument or of an electronic transfer of funds with the intent to disrupt, alter, misappropriate, or commit fraud violates this subsection (a) and is subject to the penalties of § 39-14-105.

(b)  Whoever intentionally and without authorization, directly or indirectly:

     (1)  Accesses any computer, computer system, or computer network commits a Class C misdemeanor. Operating a computer network in such a way as to allow anonymous access to that network shall constitute implicit consent to access under this part;

     (2)  Alters, damages, destroys, or attempts to damage or destroy, or causes the disruption to the proper operation of any computer, or who performs an act which is responsible for the disruption of any computer, computer system, computer network, computer software, program, or data which resides or exists internal or external to a computer, computer system, or computer network is punishable as in § 39-14-105;

     (3)  Introduces or is responsible for the malicious input of any computer contaminant into any computer, computer system, or computer network commits a Class B misdemeanor;

     (4)  Accesses, causes to be accessed, or attempts to access any computer software, computer network, or any part thereof, for the purpose of maliciously gaining access to computer material or to tamper maliciously with computer security devices including, but not limited to, system hackers, commits a Class A misdemeanor; or

     (5)  Makes or causes to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network commits an offense punishable as provided in § 39-14-105.

(c)  Whoever receives, conceals, uses, or aids another in receiving, concealing, or using any proceeds resulting from a violation of either subsection (a) or subdivision (b)(2), knowing the proceeds to be the result of such violation, or whoever receives, conceals, uses, or aids another in receiving, concealing, or using any books, records, documents, property, financial instrument, computer software, program, or other material, property, or objects, knowing that the item has been used in violating either subsection (a) or subdivision (b)(2) is subject to the penalties of § 39-14-105.

(d)  Any person who violates this section in connection with an act of terrorism commits a Class A felony.

[Acts 1989, ch. 591, § 1; 1993, ch. 445, § 1; 2002, ch. 849, § 4; 2003, ch. 317, § 3; 2006, ch. 809, § 1.]