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/* R FRINGE COMMENTARY: Here's the South Carolina Computer Crimes Law,
adopted 1984, see Code of Laws of South Carolina, 16-16-10*/
SOUTH CAROLINA COMPUTER CRIME ACT
SECTION 16-16-10. Definitions
For purposes of this chapter:
(a) "Computer" means an electronic device that performs
logical, arithmetic, and memory functions by manipulating
electronic or magnetic impulses, and includes all input, output,
processing, storage, computer software, and communication
facilities that are connected or related to a computer in a
computer system or computer network but does not include any
computer or other electronic device designed and manufactured
for, and which is used exclusively for routine personal, family,
or household purposes and which is not used to access, to
communicate with, or to manipulate any other computer.
/* Be sure that you have a modem so that your computer is
protected by this law. */
(b) "Computer network" means the interconnection of
communications lines, or any other communications facilities, with
a computer through remote terminals, or a system consisting of
two or more interconnected computers.
(1) DATA. A representation of information, knowledge,
facts, concepts, or instructions which are being prepared or have
been prepared in a formalized manner, and is intended to be
processed, is being processed, or has been processed in a
computer system or computer network, and should be classified as
intellectual property, and may be in any form, including computer
printouts, magnetic storage media, punched cards, or stored
internally in the memory of the computer.
(2) INTELLECTUAL PROPERTY. Data, including computer
programs.
(c) "Computer program" means a series of instructions or
statements executable on a computer which directs the computer
system in a manner to process data or perform other to specified
functions.
(5) COMPUTER SOFTWARE. A set of computer programs,
procedures, and associated documentation concerned with the
operation of a computer, computer system or computer network.
(6) COMPUTER SYSTEM. A series of related, connected or
unconnected, computer equipment, devices or computer software.
(8) COMPUTER SYSTEM SERVICES. The utilization of a
computer, computer system, or computer network to assist an
individual or entity with the performance of a particular lawful
function which that individual or entity has been given the
right, duty and power, together with the responsibility, to
perform.
(9) PROPERTY. Anything of value as defined by law, and
includes financial instruments, information, including
electronically produced data and computer software and computer
programs in either machine or human readable form, and any other
tangible or intangible item of value.
(10) FINANCIAL INSTRUMENT. Includes any check, draft,
warrant, money order, note, certificate of deposit, letter of
credit, bill of exchange, credit or debit card, transaction
authorization mechanism, marketable security, or any computer
system representation thereof.
SECTION 12A-8-102. Acts constituting offenses against
intellectual property; punishment.
(a) Whoever willfully, knowingly, and without authorization
or without reasonable grounds to believe that he has such
authorization, attempts or achieves access, communication,
examination, or modification of data, computer programs, or
supporting documentation residing or existing internal or
external to a computer, computer system, or computer network
commits an offense against intellectual property.
(b) Whoever willfully, knowingly, and without authorization
or without reasonable grounds to believe that he has such
authorization, destroys data, computer programs, or supporting
documentation residing or existing internal or external or
external to a computer, computer system or computer network
commits an offense against intellectual property.
(c) Whoever willfully, knowingly, and without authorization
or without reasonable ground to believe that he has such
authorization, discloses, uses, or takes data, computer programs,
or supporting documentation residing or existing internal or
external to a computer, computer system, or computer network
commits an offense against intellectual property.
(d) (1)Except as otherwise provided in this subsection, an
offense against intellectual property is a Class A misdemeanor,
punishable as is provided by law.
(2) If the offense is committed for the purpose of devising
or executing any scheme or artifice to defraud or to obtain any
property, then the offender is guilty of a Class C felony,
punishable as is provided by law.
(3) if the damage to such intellectual property is $
2,500.00 or greater, or if there is an interruption or impairment
of government operation or public communication, transportation,
or supply of water, gas, or other public or utility service, then
the offender is guilty of a Class B felony, punishable as
provided by law.
(4) Whoever willfully, knowingly, and without authorization
alters or removes data causing physical injury to any person who
is not involved in said act shall be guilty of a Class A felony,
punishable as is provided by law.
SECTION 13A-8-103 Acts constituting offense against computer
equipment or supplies; punishment.
(a)(1) Whoever willfully, knowingly, and without
authorization or without reasonable grounds to believe that he
has such authorization, modifies equipment or supplies that are
used or intended to be used in a computer, computer system, or
computer network commits an offense against computer equipment or
supplies.
(2)a. Except as provided in this subsection, an offense
against computer equipment or supplies as provided in subdivision
(a)(1) is a Class A misdemeanor, punishable as provided by law.
b. If the offense is committed for the purpose of devising
or executing any scheme or artifice to defraud or to obtain any
property, then the offender is guilty of a Class C felony,
punishable as provided by law.
(b)(1) Whoever willfully, knowingly, and without
authorization or without reasonable grounds to believe that he has
such authorization, destroys, uses, takes, injures, or damages
equipment or supplies used or intended to be used in a computer,
computer system, or computer network, or whoever willfully,
knowingly, and without authorization or without reasonable
grounds to believe that he has such authorization, destroys,
injures, takes or damages any computer, computer system, or
computer network commits an offense against computer equipment
and supplies.
(2)a. Except as provided in this subsection, an offense
against computer equipment or supplies as provided in subdivision
(b)(1) is a Class A misdemeanor, punishable as provided by law.
b. If the damage to such computer equipment or supplies or
to the computer, computer system, or computer network is $
2,500.00 or greater, or if there is an interruption or impairment
of government operation or public communication, transportation,
or supply of water, gas, or other public or utility service, then
the offender is guilty of a Class B felony, punishable as
provided by law.
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