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COMMITTEE AMENDMENT ADOPTED
January 17, 2002
H. 3539
S. Printed 1/17/02--S. [SEC 1/17/02 4:04 PM]
Read the first time April 12, 2001.
TO AMEND CHAPTER 16, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTER CRIME, SO AS TO ENACT THE "COMPUTER ABUSE ACT OF 2001", BY ADDING SECTION 16-16-25 SO AS TO PROVIDE A CIVIL REMEDY OF COMPENSATORY DAMAGES AND RESTITUTION FOR THE OWNER OR LESSEE OF A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM, OR COMPUTER NETWORK INJURED BY A PERSON CONVICTED UNDER THIS CHAPTER; TO AMEND SECTION 16-16-10, RELATING TO DEFINITIONS, SO AS TO ADD A DEFINITION FOR "COMPUTER CONTAMINANT" AND TO REVISE OTHER DEFINITIONS; TO AMEND SECTION 16-16-20, AS AMENDED, RELATING TO COMPUTER CRIME OFFENSES, SO AS TO ADD THE OFFENSE OF INTRODUCING COMPUTER CONTAMINANT INTO A COMPUTER, COMPUTER SYSTEM, COMPUTER PROGRAM, OR COMPUTER NETWORK; TO AMEND SECTION 16-16-30, RELATING TO VENUE FOR ACTIONS BROUGHT UNDER THE COMPUTER CRIMES CHAPTER, SO AS TO MAKE TECHNICAL CORRECTIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be known as the "Computer Abuse Act of 2002".
SECTION 2. Section 16-16-10 of the 1976 Code is amended to read:
"Section 16-16-10. For purposes of this chapter:
(a) 'Computer' means an electronic a 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 a 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.
(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.
(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 specified functions.
(d) 'Computer software' means a set of computer programs, data, procedures, or associated documentation concerned with the operation of a computer system.
(e) 'Computer system' means a set of related, connected or unconnected, computer equipment, devices, or software.
(f) 'Property' means and includes, but is not limited to, financial instruments, data, computer software, documents associated with computer systems, and computer software, or copies thereof, whether tangible or intangible, including both human and computer system readable data, and data while in transit.
(g) 'Services' means and includes, but is not limited to, the use of the computer system, computer network, computer programs, or data prepared for computer use, or data obtained within a computer system, or data contained within a computer network.
(h) 'Data' means a representation of information, knowledge, facts, concepts, or instructions that has been prepared or is being prepared in a formalized manner and has been processed, is being processed, or is intended to be processed in a computer, computer system, or computer network. Data may be in any form including, but not limited to, computer printouts, magnetic storage media, punched cards, or as stored in the memory of the computer or in transit or displayed on a video device.
(i) 'Access' means to gain entry to, instruct, communicate with, attempt to communicate with, store data in, retrieve data from, or otherwise make use of or attempt to make use of, any the logical, arithmetic, or memory function resources of a computer, computer system, or computer network.
(j) 'Computer hacking' means accessing all or part of a computer, computer system, or a computer network for the purpose of establishing contact only without with the intent to defraud or with malicious intent to commit any other another crime after such contact is established and without the use of computer-related services except such services as may be incidental to establishing contact. Computer hacking does not include the introduction of a computer contaminant into a computer, computer system, computer program, or computer network.
(k) 'Computer contaminant' means a computer program designed to modify, damage, destroy, disable, functionally impair, record, or transmit information within a computer, computer system, or computer network without the consent or implied consent of the owner. Computer contaminant includes, but is not limited to, a group of computer programs commonly known as 'viruses' and 'worms' that are self-replicating or self-propagating, and that are designed to contaminate other computer programs, consume computer resources, modify, destroy, record, or transmit data, or in some fashion usurp the normal operation of the computer, computer system, or computer network."
SECTION 3. Section 16-16-20 of the 1976 Code is amended to read:
"Section 16-16-20. (1) It is unlawful for a person to wilfully, knowingly, maliciously, and without authorization or for an unauthorized purpose to do any of the following:
(a) directly or indirectly access or cause to be accessed a computer, computer system, or computer network for the purpose of:
(i) devising or executing any a scheme or artifice to defraud;
(ii) obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises; or
(iii) committing any other crime.
(b) alter, damage, destroy, or modify a computer, computer system, computer network, computer software, computer program, or data contained in such that computer, computer system, computer program, or computer network or introduce a computer contaminant into that computer, computer system, computer program, or computer network.
(2) A person is guilty of computer crime in the first degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim exceeds five thousand dollars. Computer crime in the first degree is a felony and, upon conviction, a person must be fined not more than one hundred twenty-five thousand dollars or imprisoned not more than ten years, or both.
(3)(a) A person is guilty of computer crime in the second degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim is greater than one thousand dollars but not more than five thousand dollars.
(b) A person is also guilty of computer crime in the second degree where:
(i) he interferes with, causes to be interfered with, denies or causes to be denied any computer service to an authorized user of the computer service for the purpose of devising or executing any scheme or artifice to defraud, or obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises, or committing any other felony;
(ii) he deprives the owner of possession of, or takes, transfers, conceals, or retains possession of any computer, data, computer property, or computer-related property, including all parts of a computer, computer system, computer network, computer software, computer services, or information associated with a computer, whether in a tangible or intangible form; or
(iii) the gain derived from the offense made unlawful by subsection (1) or loss suffered by the victim cannot reasonably be ascertained.
(c) Computer crime in the second degree is a misdemeanor and, upon conviction, for a first offense, a person must be fined not more than fifty thousand dollars or imprisoned not more than three years, or both. Upon conviction for a second or subsequent offense, a person is guilty of a felony and must be fined not more than fifty thousand dollars or imprisoned not more than five years, or both.
(4) A person is guilty of computer crime in the third degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim is not more than one thousand dollars. A person is also guilty of computer crime in the third degree if he wilfully, knowingly, and without authorization or for an unauthorized purpose engages in computer hacking. Computer crime in the third degree is a misdemeanor and, upon conviction for a first offense, a person must be fined not more than two hundred dollars or imprisoned not more than thirty days. Upon conviction for a second or subsequent offense, a person must be fined not more than two thousand dollars or imprisoned not more than two years, or both."
SECTION 4. Chapter 16, Title 16 of the 1976 Code is amended by adding:
"Section 16-16-25. In addition to other civil remedies available, the owner or lessee of a computer, computer system, computer network, computer program, or data may bring a civil action against a person convicted under this chapter for compensatory damages and restitution. Compensatory damages and restitution may include:
(1) expenditures reasonably and necessarily incurred by the owner or lessee to verify whether a computer system, computer network, computer program, or data was altered, damaged, or deleted by the access;
(2) costs of repairing or, if necessary, replacing the affected computer, computer system, computer network, computer software, computer program, or database;
(3) lost profits for the period that the computer, computer system, computer network, computer software, computer program, or database was unusable; and
(4) costs of replacing or restoring the data lost or damaged as a result of a violation of this chapter."
SECTION 5. Section 16-16-30 of the 1976 Code is amended to read:
"Section 16-16-30. For the purpose of venue under this chapter, any a violation of this chapter shall be is considered to have been committed in the county in which the violation took place; provided, that however, upon proper motion and the proper showing before a judge, venue may be transferred if justice would be better served by such the transfer, to one of the following:
(1) In any a county in which any an act was performed in furtherance of any a transaction which violated this chapter;
(2) In the county of the principal place of business in this State of the owner or lessee of a computer, computer system, computer network, or any part thereof of it, which has been subject to the violation; or
(3) Any a county in which any a violator had control or possession of any proceeds of the violation or of any books, records, documents, property, financial instrument, computer software, computer program, or other material or objects which were used in the furtherance of the violation."
SECTION 6. This act takes effect upon approval by the Governor.
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