2009 West Virginia Code
CHAPTER 61. CRIMES AND THEIR PUNISHMENT
ARTICLE 3C. WEST VIRGINIA COMPUTER CRIME AND ABUSE ACT.
§61-3C-17 Defenses to criminal prosecution.
§61-3C-17. Defenses to criminal prosecution.(a) In any criminal prosecution under this article, it shall be a defense that:
(1) The defendant had reasonable grounds to believe that he had authority to access or could not have reasonably known he did not have authority to access the computer, computer network, computer data, computer program or computer software in question; or,
(2) The defendant had reasonable grounds to believe that he had the right to alter or destroy the computer data, computer software or computer program in question; or,
(3) The defendant had reasonable grounds to believe that he had the right to copy, reproduce, duplicate or disclose the computer data, computer program, computer security system information or computer software in question.
(b) Nothing in this section shall be construed to limit any defense available to a person charged with a violation of this article.
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