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Introduced Version Senate Bill 153 History

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Key: Green = existing Code. Red = new code to be enacted


Senate Bill No. 153

(By Senator Sprouse)

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[Introduced January 20, 2000; referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section seven, article three-c, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to clarifying that introducing computer viruses into a computer, computer system or computer network is a crime and subject to criminal penalties.

Be it enacted by the Legislature of West Virginia:
That section seven, article three-c, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 3C. WEST VIRGINIA COMPUTER CRIME AND ABUSE ACT.

§61-3C-7. Alteration, destruction, etc., of computer equipment.

(a) Any No person who may knowingly, willfully and without authorization, directly or indirectly, tampers tamper with, deletes, alters, damages or destroys or attempts delete, alter, damage or destroy, or attempt to tamper with, delete, alter, damage or destroy any computer, computer network, computer software, computer resources, computer program or computer data. shall be
(b) It is a violation of subsection (a) of this section for a person to knowingly introduce, directly or indirectly, a computer contaminant into any computer, computer system or computer network.
(c) For purposes of this section, a "computer contaminant" means any set of computer instructions that are designed to modify, damage, destroy, record or transmit information within a computer, computer system or computer network without the intent or permission of the owner of the information. They include, but are not limited to, a group of computer instructions commonly called viruses or worms, that are self-replicating or self-propagating and are designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record or transmit data, or in some other fashion usurp the normal operation of the computer, computer system or computer network.
(d) A person who violates subsection (a) of this section is guilty of a felony and, upon conviction thereof, shall be fined not more than ten thousand dollars or confined in the penitentiary a state correctional facility not more than ten years, or both, or, in the discretion of the court, be fined not less than two hundred nor more than one thousand dollars and confined in the county or regional jail not more than one year.




NOTE: The purpose of this bill is to clarify that introducing computer viruses into a computer, computer system or computer network is a crime.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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