Computer Crime
2005 Enacted Legislation
Colorado H.B. 1029
Session Law Chaptered. Chapter No. 173
Adds portable electronic communication devices to the list of items that are contraband for the purposes of the crime of introducing contraband in the second degree.
Georgia S.B. 62
Act No. 46
A bill relating to computer systems protections, so as to add a new part to create the new crime of initiation of deceptive commercial e-mail; to provide for definitions; to provide for criminal penalties; to provide for civil relief and venue for civil proceedings; to provide for certain prosecuting officials to prosecute deceptive commercial e-mail; to provide for applicability; to provide for exceptions; to change provisions relating to the definition of racketeering activity in the Georgia RICO Act; to provide for related matters; to repeal conflicting laws; and for other purposes.
Georgia S.B. 127
Act No. 389
A bill r to forgery and fraudulent practices, so as to enact the "Georgia Computer Security Act of 2005"; to provide a short title; to provide definitions; to prohibit certain deceptive acts and practices with regard to computers; to require certain notices be given prior to certain software or programs being loaded onto certain computers; to require certain functions be available in certain software; to provide for certain exceptions; to provide for civil and criminal penalties; to provide for recovery of certain damages; to provide for applicability; to provide for related matters; to amend Code Section 16-14-3 of the O.C.G.A.; to provide for related matters; to repeal conflicting laws; and for other purposes.
Illinois H.B. 780
Public Act No. 94-179
Creates the offense of online sale of stolen property. Provides that a person commits the offense when he or she uses or accesses the Internet with the intent of selling property gained through unlawful means. Creates the offense of online theft by deception. Provides that a person commits the offense when he or she uses the Internet to purchase or attempt to purchase property from a seller with a mode of payment that he or she knows or has reason to believe is fictitious, stolen, or lacking the consent of the valid account holder. Creates the offense of electronic fencing. Provides that a person commits the offense when he or she sells stolen property using the Internet, knowing that the property was stolen. Provides that a person who unknowingly purchases stolen property over the Internet does not violate this provision.
Illinois H.B. 2697
Public Act No. 94-38
Provides that a person who is not a party to a transaction that involves the use of a financial transaction device may not secretly or surreptitiously photograph, or otherwise capture or record, electronically or by any other means, or distribute, disseminate, or transmit, electronically or by any other means, personal identifying information from the transaction without the consent of the person whose information is photographed, or otherwise captured, recorded, distributed, disseminated, or transmitted. Provides that a violation is a Class A misdemeanor. Effective immediately.
Illinois S.B. 287
Public Act No. 94-80
Provides that a person commits a hate crime if by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors, he or she commits any form of harassment through electronic communications as defined in the Harassing and Obscene Communications Act (rather than just threatening injury to the person or to the property of the person to whom the electronic communication is directed). Effective immediately.
Pennsylvania H.B. 1435
Act No. 2005-63
Provides for the offense of computer-assisted remote harvesting of animals
Texas H.B. 3112
Chapter No. 760
Relates to the security of computer networks in state government. The bill would require the Department of Information Resources (DIR) to provide network security services to state agencies and other entities and establish and manage the operation of a network security center. The bill also would authorize DIR to purchase facilities or equipment necessary to provide network security services to state agencies.
Texas S.B. 611
Grants that statutory authority to utilize electronic charging instruments and also authorizes a district clerk, county clerk, or court to issue in electronic form a capias for the failure of a person to appear before a court, pay a fine, or comply with a court order.
Utah H.B. 185
Chaptered. Chapter No. 72
This bill amends the definition of "computer network" in the Utah Computer Crimes Act to include wireless networks; amends the definition of "computer" in the Utah Computer Crimes Act clarifies prohibited conduct under the Utah Computer Crimes Act; and makes technical changes.
Virginia H.B. 2215
Acts of Assembly. Chapter No. 812
Modernizes the Virginia Computer Crimes Act by updating definitions to comport with changing technology, removing superfluous language and relocating language. The bill adds unauthorized installation of software on the computer of another, disruption of another computer's ability to share or transfer information and maliciously obtaining computer information without authority as additional crimes of computer trespass, a Class 1 misdemeanor. The bill also reduces the felony (Class 6) threshold from $2,500 to $1,000 for property damage resulting from computer trespass.
Virginia H.B. 2471
Chapter No. 827
Updates the Virginia Computer Crimes Act to include recommendations made by the 2004 joint study on Computer Crimes by the Joint Commission on Technology and Science and Virginia State Crime Commission. The bill modernizes definitions of "computer", "using a computer" and "without authority" to comport with changing technology. The bill revises provisions regarding computer trespass, a Class 1 misdemeanor, unless the damage to the property of another is $1,000 ($2,500 under current law) or more, in which case it is a Class 6 felony. Provisions regarding computer invasion of privacy are rewritten to include unauthorized gathering of identifying information and Class 6 penalties added for persons with previous convictions, selling or distributing the information to another or using the information in the commission of another crime. The bill adds as a new Class 6 felony using a computer to fraudulently gather identifying information of another (phishing), unless the information is sold or distributed to another or the information is used in the commission of another crime, in which case it is a Class 5 felony. Statute of limitation and venue provisions are relocated in the Code.
Virginia H.B. 2631
Chapter No. 837
Revises provisions in the Virginia Computer Crimes Act relating to computer fraud and redefines computer invasion of privacy by including the unauthorized gathering of identifying information and punishes subsequent offenses and transferring the information to another or use of the information in the commission of another crime as a Class 6 felony. Currently, the offense is punishable as a Class 1 misdemeanor. Additionally, the fraudulent gathering of such information is punished as a Class 6 felony, a new crime, and transferring the information to another or use of the information in the commission of another crime is a Class 5 felony.
Virginia S.B. 1001
Chapter No. 746
Revises provisions in the Virginia Computer Crimes Act relating to theft of computer services, personal trespass by computer, embezzlement, larceny or receiving stolen goods by computer, and civil damages. The bill also relocates statute of limitation and venue provisions in the Code.
Virginia S.B. 1002
Chapter No. 747
Revises provisions in the Virginia Computer Crimes Act relating to computer fraud and redefines computer invasion of privacy by including the unauthorized gathering of identifying information. The bill punishes subsequent offenses and transferring the information to another or using the information in the commission of another crime as a Class 6 felony. Currently, the offense is punishable as a Class 1 misdemeanor. Additionally, the fraudulent gathering of such information is punished as a Class 6 felony, a new crime, and transferring the information to another or use of the information in the commission of another crime is a Class 5 felony.
Virginia S.B. 1163
Chapter No. 761
Modernizes the Virginia Computer Crimes Act by revising definitions of "computer", "using a computer" and "without authority." The bill revises provisions relating to computer trespass and reduces thresholds for damages. Gathering identifying information (phishing) is punished as a felony. Statute of limitation and venue provisions are relocated in the Code.
West Virginia H.B. 3281
Act No. 104
Criminalizes altering, destroying, or tampering with computer equipment containing voter registration information; accessing or attempting to access confidential voter registration information; and penalties.
West Virginia S.B. 473
Act No. 72
Relates to the crime of cyber-shoplifting; including in the definition of "shoplifting" customer's repudiation of a card-not-present credit or debit transaction after having taken delivery of merchandise ordered from the merchant; and defining "card-not- present credit or debit transaction" to mean a credit or debit sale of merchandise by telephone, mail order, internet or other means that does not require the cardholder's signature or physical presentation of the credit or debit card to the merchant.
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