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/* R FRINGE COMMENTARY- Here with go with the Tennessee Computer
Crimes Act, Tenn. Code 39-3-1401, adopted 1983. */
SECTION 39-3-1401.Short title.-- This part shall be known, and
may be cited as the Computer Crimes Act.
SECTION 39-3-1402. Legislative findings. The general assembly
finds and declares that:
(1) Computer-related crime is a potential problem in business
and government;
(2) Computer-related crime occurs at great cost to the public
since losses for each incident of computer crime tend to be far
greater than the losses associated with each incident of other
white collar crime;
(3) The opportunities for computer-related crime in business
and government through the introduction of fraudulent records into
a computer system, the unauthorized use of computers,the
alteration or destruction of computerized information or files,
and the stealing of financial instruments, data, and other assets
are great;
(4) Computer-related crime has a direct affect on state
commerce;
(5) While various forms of computer crime might possibly be
the subject of criminal charges based on other provisions of
law, it is appropriate and desirable that a statute be enacted
which deals directly with computer crime.
SECTION 39-3-1403 Definitions-- For the purposes of this part,
the following words (including any form of the word) and terms
shall have the following meanings:
(1) "Access" means to approach, instruct, communicate with,
store data in, retrieve or intercept data from, or otherwise make
use of any resources of, a computer, computer system, or computer
network;
(2) "Computer" means a device that can perform substantial
computation, including numerous arithmetic or logical operations,
without intervention by a human operator during the processing of
a job;
(3) "Computer network" means a set of two (2) or more
computer systems that transmit data over communication circuits
connecting them;
(4) "Computer Program" means an ordered set of data that are
coded instructions or statements that when executed by a computer
cause the computer to process data;
(5) "Computer software" means a set of computer programs,
procedures, and associated documentation concerned with the
operation of a computer, computer system or computer network;
(6) "Computer system" means a set of connected devices
including a computer and other devices including, but not limited
to, one or more of the following: data input, output, or storage
devices, data communication circuits, and operating system
computer programs that make the system capable of performing data
processing tasks;
(7) "Data" is 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
stored or processed, or is being stored or processed, in a
computer, computer system or computer network;
(8) "Financial instruments" includes, but is not limited to,
any check, cashier's check, draft, warrant, money order,
certificate of deposit, negotiable instrument, letter of credit,
bill of exchange, credit card, debit card, or marketable
security, or any computer system representation thereof;
(9) "Intellectual property" includes data, which may be in
any form including but not limited to, computer printouts,
magnetic storage media, punched cards, or may be stored
internally in the computer;
(10) "To process" is to use a computer to put data through a
systematic sequence of operations for the purpose of producing
specified result;
(11) "Property" includes, but is not limited to,
intellectual property, financial instruments, data, computer
programs, documentation associated with computer programs, all in
machine-readable or human-readable form, and any tangible or
intangible item of value; and
(12) "Services" includes, but is not limited to, the use of
a computer, a computer system, a computer network, computer
software, computer program, or data to perform tasks.
SECTION 39-3-1404 Violations-- Penalties-- (a) Whoever knowingly
and willfully, directly or indirectly, accesses, causes to be
accessed, or attempts to access any computer software, computer
program, data, computer, computer system, computer network, or
any part thereof, for the purpose of:
(1) Devising or executing any scheme or artifice to defraud;
(2) Obtaining money, property, or services for themselves or
another by means of false or fraudulent pretenses,
representations, or promises shall, upon convicting thereof,be
fined a sum of not more than fifty thousand dollars ($50,000) or
imprisoned not less than three (3) years nor more than ten (10)
years, or both.
(b) Whoever intentionally and without authorization,
directly or indirectly accesses, alters, damages, destroys or
attempt to damage or destroy any computer, computer system, or
computer network, or any computer software, program or data,
shall, upon conviction thereof, be fined not more than fifty
thousand dollars ($ 50,000) or imprisoned not less than three (3)
nor more than ten (10) years, or both.
(c) Whoever receives, conceals or uses, or aid another in
receiving, concealing or using, any proceeds resulting from a
violation of either subsection (a) or (b) of this section, knowing
same to be proceeds of such violation, or whoever receives,
conceals, or uses, or aids another in receiving, concealing or
using, any books, records, documents, property, financial
instrument, computer software, computer program, or other
material, property or objects, knowing same to have been used in
violating either subsection (a) or (b) of this section shall,
upon conviction thereof, be fined not more than twenty-five
thousand dollars ($25,000) or imprisoned not less than three (3)
nor more than ten (10) years, or both.
SECTION 39-3-1495 Venue-- FOr the purpose of venue under the
provisions of this part, any violation of this part shall be
considered to have been committed:
(1) In any county in which any act was performed in
furtherance of any transaction violating this part;
(2) In any county in which any violator had control or
possession of any proceeds of such violation or of any books,
records, documents, property, financial instrument, computer
software, computer program or other material, objects or items
which were used in furtherance of said violation; and
(3) In any county from which, to which or through which any
access to a computer, computer system, or computer network was
made whether by wire, electromagnetic waves or any other means of
communication.
SECTION 39-3-1406 Construction with other statutes-- The criminal
offenses created by this part shall not be deemed to supersede,
or repeal, any criminal offense.
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