§ 156.00 Offenses involving computers; definition of terms.
The following definitions are applicable to this chapter except where
different meanings are expressly specified:
- “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. - “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. - “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. - “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. - “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, her 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. - “Computer network” means the interconnection of hardwire or
wireless communication lines with a computer through remote terminals,
or a complex consisting of two or more interconnected computers. - “Access” means to instruct, communicate with, store data in,
retrieve from, or otherwise make use of any resources of a computer,
physically, directly or by electronic means. - “Without authorization” means to use or to access a computer,
computer service or computer network without the permission of the owner
or lessor or someone licensed or privileged by the owner or lessor where
such person knew that his or her use or access was without permission or
after actual notice to such person that such use or access was without
permission. It shall also mean the access of a computer service by a
person without permission where such person knew that such access was
without permission or after actual notice to such person, that such
access was without permission.Proof that such person used or accessed a computer, computer service
or computer network through the knowing use of a set of instructions,
code or computer program that bypasses, defrauds or otherwise
circumvents a security measure installed or used with the user’s
authorization on the computer, computer service or computer network
shall be presumptive evidence that such person used or accessed such
computer, computer service or computer network without authorization. - “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.
