/* 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. Downloaded From P-80 International Information Systems 304-744-2253