§61-3C-1. Short Title
This act shall be known and may be cited as the “West Virginia Computer Crime and Abuse Act.”
§61-3C-10. Disclosure of Computer Security Information
Any person who knowingly, willfully and without authorization discloses a password, identifying code, personal identification number or other confidential information about a computer security system to another person shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $500 or confined in the county jail for not more than […]
§61-3C-11. Obtaining Confidential Public Information
Any person who knowingly, willfully and without authorization accesses or causes to be accessed any computer or computer network and thereby obtains information filed by any person with the state or any county or municipality which is required by law to be kept confidential shall be guilty of a misdemeanor, and, upon conviction thereof, shall […]
§61-3C-12. Computer Invasion of Privacy
Any person who knowingly, willfully and without authorization accesses a computer or computer network and examines any employment, salary, credit or any other financial or personal information relating to any other person, after the time at which the offender knows or reasonably should know that he is without authorization to view the information displayed, shall […]
§61-3C-13. Fraud and Related Activity in Connection With Access Devices
(a) As used in this section, the following terms shall have the following meanings: (1) “Access device” means any card, plate, code, account number, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that […]
§61-3C-14. Endangering Public Safety
Any person who accesses a computer or computer network and knowingly, willfully and without authorization (a) interrupts or impairs the providing of services by any private or public utility; (b) interrupts or impairs the providing of any medical services; (c) interrupts or impairs the providing of services by any state, county or local government agency, […]
§61-3C-14a. Obscene, Anonymous, Harassing and Threatening Communications by Computer, Cell Phones and Electronic Communication Devices; Penalty
(a) It is unlawful for any person, with the intent to harass or abuse another person, to use a computer, mobile phone, personal digital assistant or other electronic communication device to: (1) Make contact with another person without disclosing his or her identity with the intent to harass or abuse;
§61-3C-14b. Soliciting, etc. a Minor via Computer; Soliciting a Minor and Traveling to Engage the Minor in Prohibited Sexual Activity; Penalties
(a) Any person over the age of eighteen, who knowingly uses a computer to solicit, entice, seduce or lure, or attempt to solicit, entice, seduce or lure, a minor known or believed to be at least four years younger than the person using the computer or a person he or she believes to be such […]
§61-3C-14c. Cyberbullying or Specific Acts of Electronic Harassment of Minors; Definitions; Penalties; Exceptions
(a) It is unlawful for a person to knowingly and intentionally use a computer or computer network, as defined in §61-3C-3, to engage in conduct with the intent to harass, intimidate, or bully a minor, including, but not limited to: (1) Posting, disseminating or encouraging others to post or disseminate private, personal, or sexual information […]
§61-3C-15. Computer as Instrument of Forgery
The creation, alteration or deletion of any computer data contained in any computer or computer network, which if done on a tangible document or instrument would constitute forgery under section five, article four, chapter sixty-one of this code will also be deemed to be forgery. The absence of a tangible writing directly created or altered […]
§61-3C-16. Civil Relief; Damages
(a) Any person whose property or person is injured by reason of a violation of any provision of this article may sue therefor in circuit court and may be entitled to recover for each violation: (1) Compensatory damages;
§61-3C-17. Defenses to Criminal Prosecution
(a) In any criminal prosecution under this article, it shall be a defense that: (1) The defendant had reasonable grounds to believe that he had authority to access or could not have reasonably known he did not have authority to access the computer, computer network, computer data, computer program or computer software in question; or,
§61-3C-18. Venue
For the purpose of criminal and civil venue under this article, any violation of this article shall be considered to have been committed: (1) In any county in which any act was performed in furtherance of any course of conduct which violates this article;
§61-3C-19. Prosecution Under Other Criminal Statutes Not Prohibited
Criminal prosecution pursuant to this article shall not prevent prosecution pursuant to any other provision of law.
§61-3C-2. Legislative Findings
The Legislature finds that: (a) The computer and related industries play an essential role in the commerce and welfare of this state. (b) Computer-related crime is a growing problem in business and government. (c) Computer-related crime has a direct effect on state commerce and can result in serious economic and, in some cases, physical harm […]
§61-3C-20. Personal Jurisdiction
Any person who violates any provision of this article and, in doing so, accesses, permits access to, causes access to or attempts to access a computer, computer network, computer data, computer resources, computer software or computer program which is located, in whole or in part, within this state, or passes through this state in transit, […]
§61-3C-21. Severability
If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provisions or applications of this article which can be given effect without the invalid provision or application, and to that end the provisions of this article are declared to be […]
§61-3C-3. Definitions
As used in this article, unless the context clearly indicates otherwise: (1) “Access” means to instruct, communicate with, store data in, retrieve data from, intercept data from, or otherwise make use of any computer, computer network, computer program, computer software, computer data, or other computer resources.
§61-3C-4. Computer Fraud; Access to Legislature Computer; Criminal Penalties
(a) Any person who, knowingly and willfully, directly or indirectly, accesses or causes to be accessed any computer, computer services, or computer network for the purpose of: (1) Executing any scheme or artifice to defraud; or (2) obtaining money, property, or services by means of fraudulent pretenses, representations, or promises is guilty of a felony […]
§61-3C-5. Unauthorized Access to Computer Services
Any person who knowingly, willfully and without authorization, directly or indirectly, accesses or causes to be accessed a computer or computer network with the intent to obtain computer services shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $200 nor more than $1,000 or confined in the county […]