{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-152.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-152.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-152.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-152.2.html"}],"law_id":54922,"edition_id":1,"section_id":54922,"structure_id":13888,"section_number":"18.2-152.2","catch_line":"Definitions; computer crimes","history":"1984, c. 751; 1999, cc. 886, 904, 905; 2000, c. 627; 2003, cc. 987, 1016; 2005, cc. 761, 812, 827; 2009, cc. 321, 376; 2010, c. 489.","full_text":"For purposes of this article:\n\t\t“Commercial electronic mail” means electronic mail, the primary purpose of which is the advertisement or promotion of a commercial product or service.\n\t\t“Computer” means a device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions. Such term does not include simple calculators, automated typewriters, facsimile machines, or any other specialized computing devices that are preprogrammed to perform a narrow range of functions with minimal end-user or operator intervention and are dedicated to a specific task.\n\t\t“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.\n\t\t“Computer network” means two or more computers connected by a network.\n\t\t“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.\n\t\t“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.\n\t\t“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.\n\t\t“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.\n\t\t“Electronic mail service provider” (EMSP) 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.\n\t\t“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.\n\t\t“Network” means any combination of digital transmission facilities and packet switches, routers, and similar equipment interconnected to enable the exchange of computer data.\n\t\t“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.\n\t\t“Person” shall include any individual, partnership, association, corporation or joint venture.\n\t\t“Property” shall include:\n\n1\n\nReal property;2\n\nComputers and computer networks;3\n\nFinancial instruments, computer data, computer programs, computer software and all other personal property regardless of whether they are:\n\t\t\ta. Tangible or intangible;\n\t\t\tb. In a format readable by humans or by a computer;\n\t\t\tc. In transit between computers or within a computer network or between any devices which comprise a computer; or\n\t\t\td. Located on any paper or in any device on which it is stored by a computer or by a human; and4\n\nComputer services.\n\t\t\t“Spam” means unsolicited commercial electronic mail. Spam shall not include commercial electronic mail transmitted to a recipient with whom the sender has an existing business or personal relationship.\n\t\t\tA person “uses” a computer or computer network when he attempts to cause or causes a computer or computer network to perform or to stop performing computer operations.\n\t\t\tA person is “without authority” when he knows or reasonably should know that he has no right, agreement, or permission or acts in a manner knowingly exceeding such right, agreement, or permission.","order_by":null,"text":{"0":{"id":201486,"text":"For purposes of this article:\n\t\t“Commercial electronic mail” means electronic mail, the primary purpose of which is the advertisement or promotion of a commercial product or service.\n\t\t“Computer” means a device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions. Such term does not include simple calculators, automated typewriters, facsimile machines, or any other specialized computing devices that are preprogrammed to perform a narrow range of functions with minimal end-user or operator intervention and are dedicated to a specific task.\n\t\t“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.\n\t\t“Computer network” means two or more computers connected by a network.\n\t\t“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.\n\t\t“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.\n\t\t“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.\n\t\t“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.\n\t\t“Electronic mail service provider” (EMSP) 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.\n\t\t“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.\n\t\t“Network” means any combination of digital transmission facilities and packet switches, routers, and similar equipment interconnected to enable the exchange of computer data.\n\t\t“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.\n\t\t“Person” shall include any individual, partnership, association, corporation or joint venture.\n\t\t“Property” shall include:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":201487,"text":"Real property;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":201488,"text":"Computers and computer networks;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":201489,"text":"Financial instruments, computer data, computer programs, computer software and all other personal property regardless of whether they are:\n\t\t\ta. Tangible or intangible;\n\t\t\tb. In a format readable by humans or by a computer;\n\t\t\tc. In transit between computers or within a computer network or between any devices which comprise a computer; or\n\t\t\td. Located on any paper or in any device on which it is stored by a computer or by a human; and","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":201490,"text":"Computer services.\n\t\t\t“Spam” means unsolicited commercial electronic mail. Spam shall not include commercial electronic mail transmitted to a recipient with whom the sender has an existing business or personal relationship.\n\t\t\tA person “uses” a computer or computer network when he attempts to cause or causes a computer or computer network to perform or to stop performing computer operations.\n\t\t\tA person is “without authority” when he knows or reasonably should know that he has no right, agreement, or permission or acts in a manner knowingly exceeding such right, agreement, or permission.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":13888,"edition_id":1,"name":"Computer Crimes","identifier":"7.1","label":"article","depth":3,"order_by":1,"parent_id":13243,"metadata":{},"date_created":"2026-06-26 03:46:11","date_modified":"2026-06-26 03:46:11","permalink":{"id":165759,"object_type":"structure","relational_id":13888,"identifier":"7.1","token":"18.2\/5\/7.1","url":"\/18.2\/5\/7.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13243,"edition_id":1,"name":"Crimes Against Property","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:30","date_modified":"2026-06-26 03:44:30","permalink":{"id":165299,"object_type":"structure","relational_id":13243,"identifier":"5","token":"18.2\/5","url":"\/18.2\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61215,"structure_id":13888,"section_number":"18.2-152.1","catch_line":"Short title","url":"\/18.2-152.1\/","token":"18.2\/5\/7.1\/18.2-152.1","metadata":false},{"id":67728,"structure_id":13888,"section_number":"18.2-152.11","catch_line":"Article not exclusive","url":"\/18.2-152.11\/","token":"18.2\/5\/7.1\/18.2-152.11","metadata":false},{"id":67574,"structure_id":13888,"section_number":"18.2-152.12","catch_line":"Civil relief; damages","url":"\/18.2-152.12\/","token":"18.2\/5\/7.1\/18.2-152.12","metadata":false},{"id":61553,"structure_id":13888,"section_number":"18.2-152.13","catch_line":"Repealed","url":"\/18.2-152.13\/","token":"18.2\/5\/7.1\/18.2-152.13","metadata":false},{"id":75179,"structure_id":13888,"section_number":"18.2-152.14","catch_line":"Computer as instrument of forgery","url":"\/18.2-152.14\/","token":"18.2\/5\/7.1\/18.2-152.14","metadata":false},{"id":61998,"structure_id":13888,"section_number":"18.2-152.15","catch_line":"Encryption used in criminal activity","url":"\/18.2-152.15\/","token":"18.2\/5\/7.1\/18.2-152.15","metadata":false},{"id":69363,"structure_id":13888,"section_number":"18.2-152.16","catch_line":"Repealed","url":"\/18.2-152.16\/","token":"18.2\/5\/7.1\/18.2-152.16","metadata":false},{"id":54922,"structure_id":13888,"section_number":"18.2-152.2","catch_line":"Definitions; computer crimes","url":"\/18.2-152.2\/","token":"18.2\/5\/7.1\/18.2-152.2","metadata":false},{"id":55403,"structure_id":13888,"section_number":"18.2-152.3","catch_line":"Computer fraud; penalty","url":"\/18.2-152.3\/","token":"18.2\/5\/7.1\/18.2-152.3","metadata":false},{"id":65981,"structure_id":13888,"section_number":"18.2-152.3:1","catch_line":"Transmission of unsolicited commercial electronic mail (spam); penalty","url":"\/18.2-152.3_1\/","token":"18.2\/5\/7.1\/18.2-152.3_1","metadata":{"court_decisions":{"0":{"name":"Jaynes v. Com.","case_number":"Record 062388.","citation":"666 S.E.2d 303","date":"2008-09-12","url":"https:\/\/www.courtlistener.com\/opinion\/1058457\/jaynes-v-com\/","abstract":" .\u202f.\u202f. 666 S.E.2d 303 (2008) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"1":{"name":"Jaynes v. Commonwealth","case_number":"Record 062388.","citation":"662 S.E.2d 502","date":"2008-05-19","url":"https:\/\/www.courtlistener.com\/opinion\/1208176\/jaynes-v-commonwealth\/","abstract":" .\u202f.\u202f. 662 S.E.2d 502 (2008) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"2":{"name":"Jaynes v. Com.","case_number":"Record 062388.","citation":"657 S.E.2d 478","date":"2008-02-29","url":"https:\/\/www.courtlistener.com\/opinion\/1374657\/jaynes-v-com\/","abstract":" .\u202f.\u202f. 657 S.E.2d 478 (2008) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"},"3":{"name":"Jaynes v. Commonwealth","case_number":"1054054","citation":"634 S.E.2d 357","date":"2006-09-05","url":"https:\/\/www.courtlistener.com\/opinion\/1063170\/jaynes-v-commonwealth\/","abstract":" .\u202f.\u202f. 634 S.E.2d 357 (2006) .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"4":{"name":"Maxient, LLC v. Symplicity Corp.","case_number":"Civil Action No. 1:14-cv-1184 (AJT\/IDD)","citation":"63 F. Supp. 3d 592","date":"2014-10-23","url":"https:\/\/www.courtlistener.com\/opinion\/7310209\/maxient-llc-v-symplicity-corp\/","abstract":" .\u202f.\u202f. MEMORANDUM OPINION .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"},"5":{"name":"Aitken v. Communications Workers of America","case_number":"1:06cv1161","citation":"496 F. Supp. 2d 653","date":"2007-07-12","url":"https:\/\/www.courtlistener.com\/opinion\/2350492\/aitken-v-communications-workers-of-america\/","abstract":" .\u202f.\u202f. 496 F.Supp.2d 653 (2007) .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"}}}},{"id":86767,"structure_id":13888,"section_number":"18.2-152.4","catch_line":"Computer trespass; penalty","url":"\/18.2-152.4\/","token":"18.2\/5\/7.1\/18.2-152.4","metadata":false},{"id":55981,"structure_id":13888,"section_number":"18.2-152.5","catch_line":"Computer invasion of privacy; penalties","url":"\/18.2-152.5\/","token":"18.2\/5\/7.1\/18.2-152.5","metadata":false},{"id":82685,"structure_id":13888,"section_number":"18.2-152.5:1","catch_line":"Using a computer to gather identifying information; penalties","url":"\/18.2-152.5_1\/","token":"18.2\/5\/7.1\/18.2-152.5_1","metadata":false},{"id":61696,"structure_id":13888,"section_number":"18.2-152.6","catch_line":"Theft of computer services; penalties","url":"\/18.2-152.6\/","token":"18.2\/5\/7.1\/18.2-152.6","metadata":false},{"id":81717,"structure_id":13888,"section_number":"18.2-152.7","catch_line":"Personal trespass by computer; penalty","url":"\/18.2-152.7\/","token":"18.2\/5\/7.1\/18.2-152.7","metadata":false},{"id":66409,"structure_id":13888,"section_number":"18.2-152.7:1","catch_line":"Harassment by computer; penalty","url":"\/18.2-152.7_1\/","token":"18.2\/5\/7.1\/18.2-152.7_1","metadata":false},{"id":71533,"structure_id":13888,"section_number":"18.2-152.7:2","catch_line":"Using computer to commit a scheme involving false representations; penalty","url":"\/18.2-152.7_2\/","token":"18.2\/5\/7.1\/18.2-152.7_2","metadata":false},{"id":86652,"structure_id":13888,"section_number":"18.2-152.8","catch_line":"Property capable of embezzlement","url":"\/18.2-152.8\/","token":"18.2\/5\/7.1\/18.2-152.8","metadata":false},{"id":55168,"structure_id":13888,"section_number":"18.2-152.9","catch_line":"Repealed","url":"\/18.2-152.9\/","token":"18.2\/5\/7.1\/18.2-152.9","metadata":false}],"previous_section":{"id":69363,"structure_id":13888,"section_number":"18.2-152.16","catch_line":"Repealed","url":"\/18.2-152.16\/","token":"18.2\/5\/7.1\/18.2-152.16","metadata":false},"next_section":{"id":55403,"structure_id":13888,"section_number":"18.2-152.3","catch_line":"Computer fraud; penalty","url":"\/18.2-152.3\/","token":"18.2\/5\/7.1\/18.2-152.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-152.2\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 751 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1999, chapters 886<\/a>, 904<\/a>, and 905<\/a>; in 2000, chapter 627<\/a>; in 2003, chapters 987<\/a> and 1016<\/a>; in 2005, chapters 761<\/a>, 812<\/a>, and 827<\/a>; in 2009, chapters 321<\/a> and 376<\/a>; in 2010, chapter 489<\/a>.<\/p>","references":[{"id":79360,"section_number":"15.2-2109","catch_line":"Powers of localities as to public utilities and computer services; prevention of pollution of certain water","order_by":null,"url":"\/15.2-2109\/"}],"refers_to":false,"permalink":{"id":165789,"object_type":"law","relational_id":54922,"identifier":"18.2-152.2","token":"18.2\/5\/7.1\/18.2-152.2","url":"\/18.2-152.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-152.2\/","token":"18.2\/5\/7.1\/18.2-152.2","dublin_core":{"Title":"Definitions; computer crimes","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-152.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

For purposes of this article:\n\t\t“Commercial electronic mail<\/span>” means electronic mail, the primary purpose of which is the advertisement or promotion of a commercial product or service.\n\t\t“Computer” means a device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions. Such term does not include simple calculators, automated typewriters, facsimile machines, or any other specialized computing devices that are preprogrammed to perform a narrow range of functions with minimal end-user or operator intervention and are dedicated to a specific task.\n\t\t“Computer data<\/span>” means any representation of information, knowledge, facts<\/span>, 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<\/span>. “Computer data<\/span>” 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.\n\t\t“Computer network<\/span>” means two or more computers<\/span> connected by a network.\n\t\t“Computer operation<\/span>” 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<\/span>” for a particular computer may also be any function for which that computer was generally designed.\n\t\t“Computer program<\/span>” 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<\/span>.\n\t\t“Computer services<\/span>” 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.\n\t\t“Computer software<\/span>” means a set of computer programs<\/span>, procedures and associated documentation concerned with computer data<\/span> or with the operation of a computer, computer program<\/span>, or computer network<\/span>.\n\t\t“Electronic mail service provider<\/span>” (EMSP) means any person<\/span> 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.\n\t\t“Financial instrument” includes, but is not limited to, any check, draft, warrant, money order<\/span>, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security, or any computerized representation thereof.\n\t\t“Network” means any combination of digital transmission facilities and packet switches, routers, and similar equipment interconnected to enable the exchange of computer data<\/span>.\n\t\t“Owner<\/span>” means an owner<\/span> or lessee of a computer or a computer network<\/span> or an owner<\/span>, lessee, or licensee of computer data<\/span>, computer programs<\/span> or computer software<\/span>.\n\t\t“Person<\/span>” shall include any individual, partnership, association, corporation or joint venture.\n\t\t“Property” shall include:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Real property; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Computers<\/span> and computer networks<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Financial instruments, computer data<\/span>, computer programs<\/span>, computer software<\/span> and all other personal property regardless of whether they are:\n\t\t\ta. Tangible or intangible;\n\t\t\tb. In a format readable by humans or by a computer;\n\t\t\tc. In transit between computers<\/span> or within a computer network<\/span> or between any devices which comprise a computer; or\n\t\t\td. Located on any paper or in any device on which it is stored by a computer or by a human; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Computer services<\/span>.\n\t\t\t“Spam<\/span>” means unsolicited commercial electronic mail<\/span>. Spam<\/span> shall not include commercial electronic mail<\/span> transmitted to a recipient with whom the sender has an existing business or personal relationship.\n\t\t\tA person<\/span> “uses” a computer or computer network<\/span> when he attempts to cause or causes a computer or computer network<\/span> to perform or to stop performing computer operations<\/span>.\n\t\t\tA person<\/span> is “without authority” when he knows or reasonably should know that he has no right, agreement, or permission or acts in a manner knowingly exceeding such right, agreement, or permission. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS; COMPUTER CRIMES (\u00a7 18.2-152.2)\n\nFor purposes of this article:\n\t\t“Commercial electronic mail” means electronic mail, the primary\npurpose of which is the advertisement or promotion of a commercial product or\nservice.\n\t\t“Computer” means a device that accepts information in digital or\nsimilar form and manipulates it for a result based on a sequence of\ninstructions. Such term does not include simple calculators, automated\ntypewriters, facsimile machines, or any other specialized computing devices that\nare preprogrammed to perform a narrow range of functions with minimal end-user\nor operator intervention and are dedicated to a specific task.\n\t\t“Computer data” means any representation of information,\nknowledge, facts, concepts, or instructions which is being prepared or has been\nprepared and is intended to be processed, is being processed, or has been\nprocessed in a computer or computer network. “Computer data” may be\nin any form, whether readable only by a computer or only by a human or by\neither, including, but not limited to, computer printouts, magnetic storage\nmedia, punched cards, or stored internally in the memory of the computer.\n\t\t“Computer network” means two or more computers connected by a\nnetwork.\n\t\t“Computer operation” means arithmetic, logical, monitoring,\nstorage or retrieval functions and any combination thereof, and includes, but is\nnot limited to, communication with, storage of data to, or retrieval of data\nfrom any device or human hand manipulation of electronic or magnetic impulses. A\n“computer operation” for a particular computer may also be any\nfunction for which that computer was generally designed.\n\t\t“Computer program” means an ordered set of data representing coded\ninstructions or statements that, when executed by a computer, causes the\ncomputer to perform one or more computer operations.\n\t\t“Computer services” means computer time or services, including\ndata processing services, Internet services, electronic mail services,\nelectronic message services, or information or data stored in connection\ntherewith.\n\t\t“Computer software” means a set of computer programs, procedures\nand associated documentation concerned with computer data or with the operation\nof a computer, computer program, or computer network.\n\t\t“Electronic mail service provider” (EMSP) means any person who (i)\nis an intermediary in sending or receiving electronic mail and (ii) provides to\nend-users of electronic mail services the ability to send or receive electronic\nmail.\n\t\t“Financial instrument” includes, but is not limited to, any check,\ndraft, warrant, money order, note, certificate of deposit, letter of credit,\nbill of exchange, credit or debit card, transaction authorization mechanism,\nmarketable security, or any computerized representation thereof.\n\t\t“Network” means any combination of digital transmission facilities\nand packet switches, routers, and similar equipment interconnected to enable the\nexchange of computer data.\n\t\t“Owner” means an owner or lessee of a computer or a computer\nnetwork or an owner, lessee, or licensee of computer data, computer programs or\ncomputer software.\n\t\t“Person” shall include any individual, partnership, association,\ncorporation or joint venture.\n\t\t“Property” shall include:\n\n1. Real property;\n\n2. Computers and computer networks;\n\n3. Financial instruments, computer data, computer programs, computer software\nand all other personal property regardless of whether they are:\n\t\t\ta. Tangible or intangible;\n\t\t\tb. In a format readable by humans or by a computer;\n\t\t\tc. In transit between computers or within a computer network or between any\ndevices which comprise a computer; or\n\t\t\td. Located on any paper or in any device on which it is stored by a computer\nor by a human; and\n\n4. Computer services.\n\t\t\t“Spam” means unsolicited commercial electronic mail. Spam shall\nnot include commercial electronic mail transmitted to a recipient with whom the\nsender has an existing business or personal relationship.\n\t\t\tA person “uses” a computer or computer network when he attempts\nto cause or causes a computer or computer network to perform or to stop\nperforming computer operations.\n\t\t\tA person is “without authority” when he knows or reasonably\nshould know that he has no right, agreement, or permission or acts in a manner\nknowingly exceeding such right, agreement, or permission.\n\nHISTORY: 1984, c. 751; 1999, cc. 886, 904, 905; 2000, c. 627; 2003, cc. 987,\n1016; 2005, cc. 761, 812, 827; 2009, cc. 321, 376; 2010, c. 489.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}