                                 CODE OF VIRGINIA

COMPUTER TRESPASS; PENALTY (§ 18.2-152.4)

A. It is unlawful for any person, with malicious intent, or through
intentionally deceptive means and without authority, 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, disable, 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. Use a computer or computer network to cause physical injury to the property
   of another;

   6. Use a computer or computer network to 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;

   7. [Repealed.]

   8. Install or cause to be installed, or collect information through, computer
   software that records all or a majority of the keystrokes made on the computer
   of another; or

   9. Install or cause to be installed on the computer of another, computer
   software for the purpose of (i) taking control of that computer so that it can
   cause damage to another computer or (ii) disabling or disrupting the ability
   of the computer to share or transmit instructions or data to other computers
   or to any related computer equipment or devices, including but not limited to
   printers, scanners, or fax machines.

B. Any person who violates this section is guilty of computer trespass, which is
a Class 1 misdemeanor. Any person who violates this section for the purposes of
affecting a computer that is exclusively for the use of, or exclusively used by
or for, (i) the Commonwealth or any local government within the Commonwealth or
any department or agency thereof or (ii) a provider of telephone, including
wireless or voice over Internet protocol, oil, electric, gas, sewer, wastewater,
or water service to the public is guilty of a Class 6 felony. If there is damage
to the property of another valued at $1,000 or more caused by such
person&#8217;s act done with malicious intent in violation of this section, the
offense is a Class 6 felony. If a person, with malicious intent, installs or
causes to be installed computer software in violation of this section on more
than five computers of another, the offense is a Class 6 felony. If a person
violates subdivision A 8 with malicious intent, the offense is 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 the location of a minor or a person with
a disability or mental impairment as those terms are defined in &#xA7; 51.5-40.1
or to prohibit the monitoring of the 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. Nothing in this section shall be
construed to require notice to a computer user of the activities of a computer
hardware or software provider, an interactive computer service, or a
telecommunications or cable operator that a reasonable computer user should
expect may occur in the context of a computer user&#8217;s transaction or
relationship with that entity or that are required or specifically authorized by
law.

HISTORY: 1984, c. 751; 1985, c. 322; 1990, c. 663; 1998, c. 892; 1999, cc. 886,
904, 905; 2002, c. 195; 2003, cc. 987, 1016; 2005, cc. 761, 812, 827; 2007, c.
483; 2017, c. 562; 2020, c. 821.