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