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2014 SESSION

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14101332D
HOUSE BILL NO. 619 Offered January 8, 2014 Prefiled January 7, 2014 A BILL to amend and reenact § 18.2-152.3 of the Code of Virginia, relating to computer fraud; penalty. ---------- Patron-- Mason ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 18.2-152.3 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-152.3. Computer fraud; penalty.

A. Any person who uses a computer or computer network, without authority and:

1. Obtains property or services by false pretenses;

2. Embezzles or commits larceny; or

3. Converts the property of another;

is guilty of the crime of computer fraud.

If the value of the property or services obtained is $200 or more, the crime of computer fraud shall be punishable as a Class 5 felony. Where the value of the property or services obtained is less than $200, the crime of computer fraud shall be punishable as a Class 1 misdemeanor.

B. If any person commits a violation of subsection A when (i) the value of the property or services obtained is $200 or more and (ii) the victim is any other person age 65 or older, the crime of computer fraud shall be punishable as a Class 4 felony.

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 806 of the Acts of Assembly of 2013 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 cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.