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2010 SESSION
10104690DBe it enacted by the General Assembly of Virginia:
1. That § 18.2-152.4 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-152.4. Computer trespass; penalty.
A. It shall be unlawful for any person, with malicious intent, to:
1. Temporarily or permanently remove, halt, or otherwise disable any computer data, computer programs or computer software from a computer or computer network;
2. Cause a computer to malfunction, regardless of how long the malfunction persists;
3. Alter, disable, or erase any computer data, computer programs or computer software;
4. Effect the creation or alteration of a financial instrument or of an electronic transfer of funds;
5. Use a computer or computer network to cause physical injury to the property of another;
6. Use a computer or computer network to make or cause 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;
7. [Repealed.]
8. Install or cause to be installed, or collect information through, computer hardware or software that records all or a majority of screenshots, in the form of digital images or video, or the keystrokes made on the computer of another without the computer owner's authorization; or
9. Install or cause to be installed on the computer of another, computer software for the purpose of (i) taking control of that computer so that it can cause damage to another computer or (ii) disabling or disrupting the ability of the computer to share or transmit instructions or data to other computers or to any related computer equipment or devices, including but not limited to printers, scanners, or fax machines.
B. Any person who violates this section is guilty of computer trespass, which shall be a Class 1 misdemeanor. If there is damage to the property of another valued at $1,000 or more caused by such person's act in violation of this section, the offense shall be a Class 6 felony. If a person installs or causes to be installed computer software in violation of this section on more than five computers of another, the offense shall be a Class 6 felony. If a person violates subdivision A 8, the offense shall be a Class 6 felony.
C. Nothing in this section shall be construed to interfere
with or prohibit terms or conditions in a contract or license related to
computers, computer data, computer networks, computer operations, computer
programs, computer services, or computer software or to create any liability by
reason of terms or conditions adopted by, or technical measures implemented by,
a Virginia-based an electronic mail service provider to prevent the
transmission of unsolicited electronic mail in violation of this article.
Nothing in this section shall be construed to prohibit the monitoring of
computer usage of, the otherwise lawful copying of data of, or the denial of
computer or Internet access to a minor by a parent or legal guardian of the
minor.
This section shall not apply to Internet, hardware, software, or other service providers with an established business relationship with the computer owner when such provider is operating within the scope of its employment or contract with the computer owner. Nothing in this section shall apply to any monitoring of, or interaction with, a subscriber's Internet or other network connection or service, or computer, by a telecommunications carrier, Internet service provider, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, or the provision of any Internet or other network service to a subscriber, for diagnostics, technical support, maintenance, repair, authorized updates of software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software under this chapter.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 781 of the Acts of Assembly of 2009 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $0 for periods of commitment to the custody of the Department of Juvenile Justice.