VIRGINIA CODE
TITLE 18.2. CRIMES AND OFFENSES GENERALLY
CHAPTER 5. CRIMES AGAINST PROPERTY
ARTICLE 7.1. COMPUTER CRIMES
SECTIONS 18.2-152.2, 152.3:1, 152.4, 152.12 (2003)
(including amendments by
Acts 2003, ch. 987 & 1016,
approved April 3, 2003)
§ 18.2-152.2. Definitions.
For purposes of this article:
"Computer" means an electronic, magnetic, optical, hydraulic or organic device or
group of devices which, pursuant to a computer program, to human instruction, or to
permanent instructions contained in the device or group of devices, can automatically
perform computer operations with or on computer data and can communicate the
results to another computer or to a person. The term "computer" includes any
connected or directly related device, equipment, or facility which enables the computer
to store, retrieve or communicate computer programs, computer data or the results of
computer operations to or from a person, another computer or another device.
"Computer data" means any representation of information, knowledge, facts, concepts,
or instructions which is being prepared or has been prepared and is intended to be
processed, is being processed, or has been processed in a computer or computer
network. "Computer data" may be in any form, whether readable only by a computer or
only by a human or by either, including, but not limited to, computer printouts, magnetic
storage media, punched cards, or stored internally in the memory of the computer.
"Computer network" means two or more computers connected by a network.
"Computer operation" means arithmetic, logical, monitoring, storage or retrieval
functions and any combination thereof, and includes, but is not limited to,
communication with, storage of data to, or retrieval of data from any device or human
hand manipulation of electronic or magnetic impulses. A "computer operation" for a
particular computer may also be any function for which that computer was generally
designed.
"Computer program" means an ordered set of data representing coded instructions or
statements that, when executed by a computer, causes the computer to perform one or
more computer operations.
"Computer services" means computer time or services, including
data processing services, Internet services, electronic mail services, electronic
message services, or information or data stored in connection therewith.
"Computer software" means a set of computer programs, procedures and associated
documentation concerned with computer data or with the operation of a computer,
computer program, or computer network.
"Electronic mail service provider" means any person who (i) is an intermediary in
sending or receiving electronic mail and (ii) provides to end-users of electronic mail
services the ability to send or receive electronic mail.
"Financial instrument" includes, but is not limited to, 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 computerized representation thereof.
"Network" means any combination of digital transmission facilities and packet
switches, routers, and similar equipment interconnected to enable the exchange
of computer data.
"Owner" means an owner or lessee of a computer or a computer network or an owner,
lessee, or licensee of computer data, computer programs, or computer software.
"Person" shall include any individual, partnership, association, corporation or joint
venture.
"Property" shall include:
1. Real property;
2. Computers and computer networks;
3. Financial instruments, computer data, computer programs, computer software and
all other personal property regardless of whether they are:
a. Tangible or intangible;
b. In a format readable by humans or by a computer;
c. In transit between computers or within a computer network or between any devices
which comprise a computer; or
d. Located on any paper or in any device on which it is stored by a computer or by a
human; and
4. Computer services.
A person "uses" a computer or computer network when he attempts to cause or causes:
1. A computer or computer network to perform or to stop
performing computer operations;
2. The withholding or denial of the use of a computer, computer network, computer program,
computer data or computer software to another user; or
3. A person to put false information into a computer.
A person is "without authority" when he has no right or permission of the
owner to use a computer or he uses a computer or computer network in a manner exceeding
such right or permission.
§ 18.2-152.3:1. Transmission of unsolicited
bulk electronic mail; penalty.
A. Any person who:
1. Uses a computer or computer network with the intent to falsify or forge
electronic mail transmission information or other routing information in any manner in connection
with the transmission of unsolicited bulk electronic mail through or into the computer network
of an electronic mail service provider or its subscribers; or
2. Knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give,
or distribute software that (i) is primarily designed or produced for the purpose of facilitating
or enabling the falsification of electronic mail transmission information or other routing information;
(ii) has only limited commercially significant purpose or use other than to facilitate or enable
the falsification of electronic mail transmission information or other routing information; or (iii)
is marketed by that person acting alone or with another for use in facilitating or enabling
the falsification of electronic mail transmission information or other routing information is
guilty of a Class 1 misdemeanor.
B. A person is guilty of a Class 6 felony if he commits a violation of subsection A and:
1. The volume of UBE transmitted exceeded 10,000 attempted recipients in any 24-hour period,
100,000 attempted recipients in any 30-day time period, or one million attempted recipients
in any one-year time period; or
2. The revenue generated from a specific UBE transmission exceeded $1,000 or the total revenue
generated from all UBE transmitted to any EMSP exceeded $50,000.
C. A person is guilty of a Class 6 felony if he knowingly hires, employs, uses, or permits any
minor to assist in the transmission of UBE in violation of subdivision B 1 or subdivision B 2.
§ 18.2-152.4. Computer trespass; penalty.
A. It shall be unlawful for any person to use a computer or computer network
without authority and with the intent to:
1. Temporarily or permanently remove, halt, or otherwise disable any computer data,
computer programs, or computer software from a computer or computer network;
2. Cause a computer to malfunction, regardless of how long the malfunction persists;
3. Alter or erase any computer data, computer programs, or computer software;
4. Effect the creation or alteration of a financial instrument or of an
electronic transfer of funds;
5. Cause physical injury to the property of another;
6. Make or cause to be made an unauthorized copy, in any form, including, but not
limited to, any printed or electronic form of computer data, computer programs, or
computer software residing in, communicated by, or produced by a computer or
computer network.
B. Any person who violates this section shall be guilty of computer
trespass, which offense shall be punishable as a Class 1 misdemeanor.
If there is damage to the property of another valued at $2,500 or more caused by such
person's malicious act in violation of this section, the offense shall be
punishable as a Class 6 felony.
C. Nothing in this section shall be construed to interfere with
or prohibit terms or conditions in a contract or license related to computers,
computer data, computer networks, computer operations, computer programs, computer
services, or computer software or to create any liability by reason of terms or
conditions adopted by, or technical measures implemented by, a Virginia-based
electronic mail service provider to prevent the transmission of unsolicited
electronic mail in violation of this article.
Nothing in this section shall be construed to prohibit the monitoring
of computer usage of, the otherwise lawful copying of data of, or the
denial of computer or Internet access to a minor by a parent or legal
guardian of the minor.
§ 18.2-152.12. 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 and recover for any damages sustained,
and the costs of suit. Without limiting the generality of the term, "damages" shall
include loss of profits.
B. If the injury under this article arises from the transmission of unsolicited bulk
electronic mail in contravention of the authority granted by or in violation of the policies
set by the electronic mail service provider where the defendant has knowledge of the authority
or policies of the EMSP or where the authority or policies of the EMSP are available on the
electronic mail service provider's website, the injured person, other than an electronic
mail service provider, may also recover attorneys' fees and costs, and may elect, in lieu
of actual damages, to recover the lesser of $10 for each and every unsolicited bulk electronic
mail message transmitted in violation of this article, or $25,000 per day. The injured person
shall not have a cause of action against the electronic mail service provider that merely
transmits the unsolicited bulk electronic mail over its computer network. Transmission of
electronic mail from an organization to its members shall not be deemed to be unsolicited
bulk electronic mail.
C. If the injury under this article arises from the transmission of unsolicited bulk electronic mail in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider where the defendant has knowledge of the authority or policies of the EMSP or where the authority or policies of the EMSP are available on the electronic mail service provider's website, an injured electronic mail service provider may also recover attorneys' fees and costs, and may elect, in lieu of actual damages, to recover $1 for each and every intended recipient of an unsolicited bulk electronic mail message where the intended recipient is an end user of the EMSP or $25,000 for each day an attempt is made to transmit an unsolicited bulk electronic mail message to an end user of the EMSP. In calculating the statutory damages under this provision, the court may adjust the amount awarded as necessary, but in doing so shall take into account the number of complaints to the EMSP generated by the defendant's messages, the defendant's degree of culpability, the defendant's prior history of such conduct, and the extent of economic gain resulting from the conduct. Transmission of electronic mail from an organization to its members shall not be deemed to be unsolicited bulk electronic mail.
D. At the request of any party to an action brought pursuant to this section, the court
may, in its discretion, conduct all legal proceedings in such a way as to protect the
secrecy and security of the computer, computer network, computer data, computer
program and computer software involved in order to prevent possible recurrence of the
same or a similar act by another person and to protect any trade secrets of any party
and in such a way as to protect the privacy of nonparties who complain about violations
of this section.
E. The provisions of this article shall not be construed to limit any person's
right to pursue any additional civil remedy otherwise allowed by law.
F. A civil action under this section must be commenced before
expiration of the time period prescribed in § 8.01-40.1.
In actions alleging injury arising from the transmission of unsolicited
bulk electronic mail, personal jurisdiction may be exercised pursuant to
§ 8.01-328.1.
