Visit our newest sister site!
Hundreds of free aircraft flight manuals
Civilian • Historical • Military • Declassified • FREE!


TUCoPS :: Cyber Law :: califnia.txt

California Computer Crime Law





                        WEST'S ANNOTATED CALIFORNIA CODES
               COPR. (c) WEST 1990  No Claim to Orig. Govt. Works
                                   PENAL CODE
                        PART 1. OF CRIMES AND PUNISHMENTS
                      TITLE 13. OF CRIMES AGAINST PROPERTY
                           CHAPTER 5. LARCENY [THEFT]

 s 502. Unauthorized access to computers, computer systems and computer data

  (a) It is the intent of the Legislature in enacting this section to expand the
 degree of protection afforded to individuals, businesses, and governmental
 agencies from tampering, interference, damage, and unauthorized access to
 lawfully created computer data and computer systems.  The Legislature finds and
 declares that the proliferation of COMPUTER technology has resulted in a
 concomitant proliferation of COMPUTER CRIME and other forms of unauthorized
 access to COMPUTERS, COMPUTER systems, and COMPUTER data.
  The Legislature further finds and declares that protection of the integrity of
 all types and forms of lawfully created computers, computer systems, and
 computer data is vital to the protection of the privacy of individuals as well
 as to the well-being of financial institutions, business concerns, governmental
 agencies, and others within this state that lawfully utilize those computers,
 computer systems, and data.
  (b) For the purposes of this section, the following terms have the following
 meanings:
  (1) "Access" means to gain entry to, instruct, or communicate with the
 logical, arithmetical, or memory function resources of a computer, computer
 system, or computer network.
  (2) "Computer network" means  any system which provides communications between
 one or more computer systems and input/output devices including, but not
 limited to, display terminals and printers connected by telecommunication
 facilities.
  (3) "Computer program or software" means a set of instructions or statements,
 and related data, that when executed in actual or modified form, cause a
 computer, computer system, or computer network to perform specified functions.
  (4) "Computer services" includes, but is not limited to, computer time, data
 processing, or storage functions, or other uses of a computer, computer system,
 or computer network.
  (5) "Computer system" means a device or collection of devices, including
 support devices and excluding calculators which are not programmable and
 capable of being used in conjunction with external files, one or more of which
 contain computer programs, electronic instructions, input data, and output
 data, that performs functions including, but not limited to, logic, arithmetic,
 data storage and retrieval, communication, and control.
  (6) "Data" means a representation of information, knowledge, facts, concepts,
 computer software, computer programs or instructions.  Data may be in any form,
 in storage media, or as stored in the memory of the computer or in transit or
 presented on a display device.
  (7) "Supporting documentation" includes, but is not limited to, all
 information, in any form, pertaining to the design, construction,
 classification, implementation, use, or modification of a computer, computer
 system, computer network, computer program, or computer software, which
 information is not generally available to the public and is necessary for the
 operation of a computer, computer system, computer network, computer program,
 or computer software.
  (8) "Injury" means any alteration, deletion, damage, or destruction of a
 computer system, computer network, computer program, or data caused by the
 access.
  (9) "Victim expenditure" means any expenditure reasonably and necessarily
 incurred by the owner or lessee to verify that a computer system, computer
 network, computer program, or data was or was not altered, deleted, damaged, or
 destroyed by the access.
  (10) "Computer contaminant" means any set of computer instructions that are
 designed to modify, damage, destroy, record, or transmit information within a
 computer, computer system, or computer network without the intent or permission
 of the owner of the information.  They include, but are not limited to, a group
 of computer instructions commonly called viruses or worms, which are self-
 replicating or self-propagating and are designed to contaminate other computer
 programs or computer data, consume computer resources, modify, destroy, record,
 or transmit data, or in some other fashion usurp the normal operation of the
 computer, computer system, or computer network.
  (c) Except as provided in subdivision (h), any person who commits any of the
 following acts is guilty of a public offense:
  (1) Knowingly accesses and without permission alters, damages, deletes,
 destroys, or otherwise uses any data, computer, computer system, or computer
 network in order to either (A) devise or execute any scheme or artifice to
 defraud, deceive, or extort, or (B) wrongfully control or obtain money,
 property, or data.
  (2) Knowingly accesses and without permission takes, copies, or makes use of
 any data from a computer, computer system, or computer network, or takes or
 copies any supporting documentation, whether existing or residing internal or
 external to a computer, computer system, or computer network.
  (3) Knowingly and without permission uses or causes to be used computer
 services.
  (4) Knowingly accesses and without permission adds, alters, damages, deletes,
 or destroys any data, computer software, or computer programs which reside or
 exist internal or external to a computer, computer system, or computer network.
  (5) Knowingly and without permission disrupts or causes the disruption of
 computer services or denies or causes the denial of computer services to an
 authorized user of a computer, computer system, or computer network.
  (6) Knowingly and without permission provides or assists in providing a means
 of accessing a computer, computer system, or computer network in violation of
 this section.
  (7) Knowingly and without permission accesses or causes to be accessed any
 computer, computer system, or computer network.
  (8) Knowingly introduces any computer contaminant into any computer, computer
 system, or computer network.
  (d) (1) Any person who violates any of the provisions of paragraph (1), (2),
 (4), or (5) of subdivision (c) is punishable by a fine not exceeding ten thousa
nd dollars ($10,000), or by imprisonment in the state prison for 16
 months, or two or three years, or by both that fine and imprisonment, or by a
 fine not exceeding five thousand dollars ($5,000), or by imprisonment in the
 county jail not exceeding one year, or by both that fine and imprisonment.
  (2) Any person who violates paragraph (3) of subdivision (c) is punishable as
 follows:
  (A) For the first violation which does not result in injury, and where the
 value of the computer services used does not exceed four hundred dollars
 ($400), by a fine not exceeding five thousand dollars ($5,000), or by
 imprisonment in the county jail not exceeding one year, or by both that fine
 and imprisonment.
  (B) For any violation which results in a victim expenditure in an amount
 greater than five thousand dollars ($5,000) or in an injury, or if the value of
 the computer services used exceeds four hundred dollars ($400), or for any
 second or subsequent violation, by a fine not exceeding ten thousand dollars
 ($10,000), or by imprisonment in the state prison for 16 months, or two or
 three years, or by both that fine and imprisonment, or by a fine not exceeding
 five thousand dollars ($5,000), or by imprisonment in the county jail not
 exceeding one year, or by both that fine and imprisonment.
  (3) Any person who violates paragraph (6), (7), or (8) of subdivision (c) is
 punishable as follows:
  (A) For a first violation which does not result in injury, an infraction
 punishable by a fine not exceeding two hundred fifty dollars ($250).
  (B) For any violation which results in a victim expenditure in an amount not
 greater than five thousand dollars ($5,000), or for a second or subsequent
 violation, by a fine not exceeding five thousand dollars ($5,000), or by
 imprisonment in the county jail not exceeding one year, or by both that fine
 and imprisonment.
  (C) For any violation which results in a victim expenditure in an amount
 greater than five thousand dollars ($5,000), by a fine not exceeding ten
 thousand dollars ($10,000), or by imprisonment in the state prison for 16
 months, or two or three years, or by both that fine and imprisonment, or by a
 fine not exceeding five thousand dollars ($5,000), or by imprisonment in the
 county jail not exceeding one year, or by both that fine and imprisonment.
  (e) (1) In addition to any other civil remedy available, the owner or lessee
 of the computer, computer system, computer network, computer program, or data
 may bring a civil action against any person convicted under this section for
 compensatory damages, including any expenditure reasonably and necessarily
 incurred by the owner or lessee to verify that a computer system, computer
 network, computer program, or data was or was not altered, damaged, or deleted
 by the access.  For the purposes of actions authorized by this subdivision, the
 conduct of an unemancipated minor shall be imputed to the parent or legal
 guardian having control or custody of the minor, pursuant to the provisions of
 Section 1714.1 of the Civil Code.
  (2) In any action brought pursuant to this subdivision the court may award
 reasonable attorney's fees to a prevailing party.
  (3) A community college, state university, or academic institution accredited
 in this state is required to include COMPUTER-RELATED CRIMES as a specific
 violation of college or university student conduct policies and regulations
 that may subject a student to disciplinary sanctions up to and including dismis
sal from the academic institution.  This paragraph shall not apply to the
 University of California unless the Board of Regents adopts a resolution to
 that effect.
  (f) This section shall not be construed to preclude the applicability of any
 other provision of the criminal law of this state which applies or may apply to
 any transaction, nor shall it make illegal any employee labor relations
 activities that are within the scope and protection of state or federal labor
 laws.

  (g)  Any computer, computer system, computer  network, or any software or
 data, owned by the defendant, which is used during the commission of any public
 offense described in subdivision (c)  or any computer, owned by the defendant,
 which is used as a repository for the storage of software or data illegally
 obtained in violation of subdivision (c) shall be subject to forfeiture  , as
 specified in Section 502.01.
  (h) (1) Subdivision (c) does not apply to any person who accesses his or her
 employer's computer system, computer network, computer program, or data when
 acting within the scope of his or her lawful employment.
  (2) Paragraph (3) of subdivision (c) does not apply to any employee who
 accesses or uses his or her employer's computer system, computer network,
 computer program, or data when acting outside the scope of his or her lawful
 employment, so long as the employee's activities do not cause an injury, as
 defined in paragraph (8) of subdivision (b), to the employer or another, or so
 long as the value of supplies and computer services, as defined in paragraph
 (4) of subdivision (b), which are used do not exceed an accumulated total of
 one hundred dollars ($100).
  (i) No activity exempted from prosecution under paragraph (2) of subdivision
 (h) which incidentally violates paragraph (2), (4), or (7) of subdivision (c)
 shall be prosecuted under those paragraphs.
  (j) For purposes of bringing a civil or a criminal action under this section,
 a person who causes, by any means, the access of a computer, computer system,
 or computer network in one jurisdiction from another jurisdiction is deemed to
 have personally accessed the computer, computer system, or computer network in
 each jurisdiction.
  (k) In determining the terms and conditions applicable to a person convicted
 of a violation of this section the court shall consider the following:
  (1) The court shall consider prohibitions on access to and use of computers.
  (2) Except as otherwise required by law, the court shall consider alternate
 sentencing, including community service, if the defendant shows remorse and
 recognition of the wrongdoing, and an inclination not to repeat the offense.

                           1988 Main Volume Credit(s)

 (Added by Stats.1987, c. 1499, s 3.)

                           1990 Pocket Part Credit(s)

 (Amended by Stats.1989, c. 1076, s 1;  Stats.1989, c. 1110, s 1;  Stats.1989,
 c. 1357, s 1.3.)



                             APPLICATION OF SECTION

     < Application of s 502 to offenses committed on or after Jan. 1, 1988,
   see subd. (g), ante.  For text of former s 502, see Historical Note,
   post. >


                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  1989 Legislation

  The 1989 amendment, in subd. (b), rewrote the definition of computer network
 and added the definition of computer contaminant;  in subd. (c), substituted
 "(h)" for "(i)" in the introductory paragraph and added par. (8); in subd.
 (d)(3), substituted "(7) or (8)" for "or (7)";  inserted subd. (e)(3);  deleted
 subd. (g) and redesignated former subds. (h) to (k) as subds. (g) to (j);
 rewrote subd. (g);  in subd. (h)(2) inserted "supplies and" and "an accumulated
 total of";  in subd. (i), substituted "(h)" for "(i)";  and added subd. (k).

  Amendment of this section by ss 2, 3, and 4 of Stats.1989, c. 1076, failed to
 become operative under the provisions of s 6 of that Act.

  Amendment of this section by ss 2, 3, and 4 of Stats.1989, c. 1110, failed to
 become operative under the provisions of s 7 of that Act.

  Under the provisions of s 7 of Stats.1989, c. 1357, the 1989 amendments of
 this section by c. 1076, c. 1110, and c. 1357 were given effect and
 incorporated in the form set forth in s 1.3 of c. 1357.  An amendment of this
 section by ss 1, 1.1, and 1.2, of Stats.1989, c. 1357, failed to become
 operative under the provisions of s 7 of that Act.

                 1988 Main Volume Historical and Statutory Notes

                                Main Volume Text

 s 502. Computer data access and fraud;  legislative findings;  definitions;
   prohibited acts;  penalty;  civil action;  application;  exceptions

  (a) It is the intent of the Legislature in enacting this section to expand the
 degree of protection afforded to individuals, businesses, and governmental
 agencies from tampering, interference, damage, and unauthorized access to
 lawfully created computer data and computer systems.  The Legislature finds and
 declares that the proliferation of COMPUTER technology has resulted in a
 concomitant proliferation of COMPUTER CRIME and other forms of unauthorized
 access to COMPUTERS, COMPUTER systems, and COMPUTER data.
  The Legislature further finds and declares that protection of the integrity of
 all types and forms of lawfully created computers, computer systems, and
 computer data is vital to the protection of the privacy of individuals as well
 as to the well-being of financial institutions, business concerns, governmental
 agencies, and others within this state that lawfully utilize those computers,
 computer systems, and data.
  (b) For the purposes of this section, the following terms have the following
 meanings:
  (1) "Access" means to gain entry to, instruct, or communicate with the
 logical, arithmetical, or memory function resources of a computer, computer
 system, or computer network.
  (2) "Computer network" means two or more computer systems connected by
 telecommunication facilities.
  (3) "Computer program or software" means a set of instructions or statements,
 and related data, that when executed in actual or modified form, cause a
 computer, computer system, or computer network to perform specified functions.
  (4) "Computer services" includes, but is not limited to, computer time, data
 processing, or storage functions, or other uses of a computer, computer system,
 or computer network.
  (5) "Computer system" means a device or collection of devices, including
 support devices and excluding calculators which are not programmable and
 capable of being used in conjunction with external files, one or more of which
 contain computer programs, electronic instructions, input data, and output
 data, that performs functions including, but not limited to, logic, arithmetic,
 data storage and retrieval, communication, and control.
  (6) "Data" means a representation of information, knowledge, facts, concepts,
 computer software, computer programs or instructions.  Data may be in any form,
 in storage media, or as stored in the memory of the computer or in transit or
 presented on a display device.
  (7) "Supporting documentation" includes, but is not limited to, all
 information, in any form, pertaining to the design, construction,
 classification, implementation, use, or modification of a computer, computer
 system, computer network, computer program, or computer software, which
 information is not generally available to the public and is necessary for the
 operation of a computer, computer system, computer network, computer program,
 or computer software.
  (8) "Injury" means any alteration, deletion, damage, or destruction of a
 computer system, computer network, computer program, or data caused by the
 access.
  (9) "Victim expenditure" means any expenditure reasonably and necessarily
 incurred by the owner or lessee to verify that a computer system, computer
 network, computer program, or data was or was not altered, deleted, damaged, or
 destroyed by the access.
  (c) Except as provided in subdivision (i), any person who commits any of the
 following acts is guilty of a public offense:
  (1) Knowingly accesses and without permission alters, damages, deletes,
 destroys, or otherwise uses any data, computer, computer system, or computer
 network in order to either (A) devise or execute any scheme or artifice to
 defraud, deceive, or extort, or (B) wrongfully control or obtain money,
 property, or data.
  (2) Knowingly accesses and without permission takes, copies, or makes use of
 any data from a computer, computer system, or computer network, or takes or
 copies any supporting documentation, whether existing or residing internal or
 external to a computer, computer system, or computer network.
  (3) Knowingly and without permission uses or causes to be used computer
 services.
  (4) Knowingly accesses and without permission adds, alters, damages, deletes,
 or destroys any data, computer software, or computer programs which reside or
 exist internal or external to a computer, computer system, or computer network.
  (5) Knowingly and without permission disrupts or causes the disruption of
 computer services or denies or causes the denial of computer services to an
 authorized user of a computer, computer system, or computer network.
  (6) Knowingly and without permission provides or assists in providing a means
 of accessing a computer, computer system, or computer network in violation of
 this section.
  (7) Knowingly and without permission accesses or causes to be accessed any
 computer, computer system, or computer network.
  (d)(1) Any person who violates any of the provisions of paragraph (1), (2),
 (4), or (5) of subdivision (c) is punishable by a fine not exceeding ten
 thousand dollars ($10,000), or by imprisonment in the state prison for 16
 months, or two or three years, or by both that fine and imprisonment, or by a
 fine not exceeding five thousand dollars ($5,000), or by imprisonment in the
 county jail not exceeding one year, or by both that fine and imprisonment.
  (2) Any person who violates paragraph (3) of subdivision (c) is punishable as
 follows:
  (A) For the first violation which does not result in injury, and where the
 value of the computer services used does not exceed four hundred dollars
 ($400), by a fine not exceeding five thousand dollars ($5,000), or by
 imprisonment in the county jail not exceeding one year, or by both that fine
 and imprisonment.
  (B) For any violation which results in a victim expenditure in an amount
 greater than five thousand dollars ($5,000) or in an injury, or if the value of
 the computer services used exceeds four hundred dollars ($400), or for any
 second or subsequent violation, by a fine not exceeding ten thousand dollars
 ($10,000), or by imprisonment in the state prison for 16 months, or two or
 three years, or by both that fine and imprisonment, or by a fine not exceeding
 five thousand dollars ($5,000), or by imprisonment in the county jail not
 exceeding one year, or by both that fine and imprisonment.
  (3) Any person who violates paragraph (6) or (7) of subdivision (c) is
 punishable as follows:
  (A) For a first violation which does not result in injury, an infraction
 punishable by a fine not exceeding two hundred fifty dollars ($250).
  (B) For any violation which results in a victim expenditure in an amount not
 greater than five thousand dollars ($5,000), or for a second or subsequent
 violation, by a fine not exceeding five thousand dollars ($5,000), or by
 imprisonment in the county jail not exceeding one year, or by both that fine
 and imprisonment.
  (C) For any violation which results in a victim expenditure in an amount
 greater than five thousand dollars ($5,000), by a fine not exceeding ten
 thousand dollars ($10,000), or by imprisonment in the state prison for 16
 months, or two or three years, or by both that fine and imprisonment, or by a
 fine not exceeding five thousand dollars ($5,000), or by imprisonment in the
 county jail not exceeding one year, or by both that fine and imprisonment.
  (e)(1) In addition to any other civil remedy available, the owner or lessee of
 the computer, computer system, computer network, computer program, or data may
 bring a civil action against any person convicted under this section for
 compensatory damages, including any expenditure reasonably and necessarily
 incurred by the owner or lessee to verify that a computer system, computer
 network, computer program, or data was or was not altered, damaged, or deleted
 by the access.  For the purposes of actions authorized by this subdivision, the
 conduct of an unemancipated minor shall be imputed to the parent or legal
 guardian having control or custody of the minor, pursuant to the provisions of
 Section 1714.1 of the Civil Code.
  (2) In any action brought pursuant to this subdivision the court may award
 reasonable attorney's fees to a prevailing party.
  (f) This section shall not be construed to preclude the applicability of any
 other provision of the criminal law of this state which applies or may apply to
 any transaction, nor shall it make illegal any employee labor relations
 activities that are within the scope and protection of state or federal labor
 laws.
  (g) This section applies only to public offenses committed on or after January
 1, 1988.  It is the intent of the Legislature that this section be given no
 retroactive effect and persons who commit a violation of the provisions of
 Section 502 in effect prior to January 1, 1988, shall be held responsible
 therefor.
  (h) Any computer, computer system, computer program, instrument, apparatus,
 device, plans, instructions, or written publication used in the commission of
 any public offense described in subdivision (c) may be seized under warrant or
 incident to a lawful arrest.  Any property seized under this subdivision is
 subject to forfeiture pursuant to Section 502.01.
  (i)(1) Subdivision (c) does not apply to any person who accesses his or her
 employer's computer system, computer network, computer program, or data when
 acting within the scope of his or her lawful employment.
  (2) Paragraph (3) of subdivision (c) does not apply to any employee who
 accesses or uses his or her employer's computer system, computer network,
 computer program, or data when acting outside the scope of his or her lawful
 employment, so long as the employee's activities do not cause an injury, as
 defined in paragraph (8) of subdivision (b), to the employer or another, or so
 long as the value of computer services, as defined in paragraph (4) of
 subdivision (b), which are used do not exceed one hundred dollars ($100).
  (j) No activity exempted from prosecution under paragraph (2) of subdivision
 (i) which incidentally violates paragraph (2), (4), or (7) of subdivision (c)
 shall be prosecuted under those paragraphs.
  (k) For purposes of bringing a civil or a criminal action under this section,
 a person who causes, by any means, the access of a computer, computer system,
 or computer network in one jurisdiction from another jurisdiction is deemed to
 have personally accessed the computer, computer system, or computer network in
 each jurisdiction.

 (Added by Stats.1987, c. 1499, s 3.)

                   Main Volume Historical and Statutory Notes

  Section 1 of Stats.1987, c. 1499, provides:

  "This act shall be known and may be cited as the 'Comprehensive Computer Data
 Access and Fraud Act.' "

  Former s 502, added by Stats.1979, c. 858, s 1, amended by Stats.1981, c.
 837, s 1;  Stats.1983, c. 1092, s 292;  Stats.1984, c. 949, s 2;  Stats.1985,
 c. 571, s 1, relating to the same subject matter, was repealed by Stats.1987,
 c. 1499, s 2.  Prior to repeal, former s 502 read:

  "(a) For purposes of this section:

  "(1) 'Access' means to instruct, communicate with, store data in, or retrieve
 data from, a computer system or computer network.

  "(2) 'Computer system' means a device or collection of devices, excluding
 pocket calculators which are not programmable and capable of being used in
 conjunction with external files, one or more of which contain computer programs
 and data, that performs functions, including, but not limited to, logic,
 arithmetic, data storage and retrieval, communication, and control.

  "(3) 'Computer network' means an interconnection of two or more computer
 systems.

  "(4) 'Computer program' means an ordered set of instructions or statements,
 and related data that, when automatically executed in actual or modified form
 in a computer system, causes it to perform specified functions.

  "(5) 'Data' means a representation of information, knowledge, facts, concepts,
 or instructions, which are being prepared or have been prepared, in a
 formalized manner, and are intended for use in a computer system or computer
 network.

  "(6) '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 computer system representation thereof.

  "(7) 'Property' includes, but is not limited to, financial instruments, data,
 computer programs, documents associated with computer systems and computer
 programs, or copies thereof, whether tangible or intangible, including both
 human and computer system readable data, and data while in transit.

  "(8) 'Services' includes, but is not limited to, the use of the computer
 system, computer network, computer programs, or data prepared for computer use,
 or data contained within a computer system, or data contained within a computer
 network.
  "(b) Any person who intentionally accesses or causes to be accessed any
 computer system or computer network for the purpose of (1) devising or
 executing any scheme or artifice to defraud or extort, or (2) obtaining money,
 property, or services with false or fraudulent intent, representations, or
 promises, is guilty of a public offense.

  "(c) Any person who maliciously accesses, alters, deletes, damages, destroys
 or disrupts the operation of any computer system, computer network, computer
 program, or data is guilty of a public offense.

  "(d) Any person who intentionally and without authorization accesses any
 computer system, computer network, computer program, or data, with knowledge
 that the access was not authorized, shall be guilty of a public offense.  This
 subdivision shall not apply to any person who accesses his or her employer's
 computer system, computer network, computer program, or data when acting within
 the scope of his or her employment.

  "(e) Any person who violates any provision of subdivision (b) or (c) unless
 specified otherwise, is punishable by a fine not exceeding ten thousand
 dollars ($10,000), or by imprisonment in the state prison for 16 months, or two
 or three years, or by both such fine and imprisonment, or by a fine not
 exceeding five thousand dollars ($5,000), or by imprisonment in the county jail
 not exceeding one year, or by both such fine and imprisonment.

  "(f)(1) A first violation of subdivision (d) which does not result in injury
 is an infraction punishable by a fine not exceeding two hundred fifty dollars
 ($250).

  "(2) A violation of subdivision (d) which results in an injury, or a second or
 subsequent violation of subdivision (d) with no injury, is a misdemeanor
 punishable by a fine not exceeding five thousand dollars ($5,000), or by
 imprisonment in the county jail not exceeding one year, or by both such fine
 and imprisonment.

  "(3) As used in this subdivision, 'injury' means any alteration, deletion,
 damage, or destruction of a computer system, computer network, computer
 program, or data caused by the access, or any expenditure reasonably and
 necessarily incurred by the owner or lessee to verify that a computer system,
 computer network, computer program, or data was not altered, deleted, damaged,
 or destroyed by the access.

  "(g) In addition to any other civil remedy available, the owner or lessee of
 the computer system, computer network, computer program, or data may bring a
 civil action against any person convicted under this section for compensatory
 damages, including any expenditure reasonably and necessarily incurred by the
 owner or lessee to verify that a computer system, computer network, computer
 program, or data was not altered, damaged, or deleted by the access.  For the
 purposes of actions authorized by this subdivision, the conduct of an
 unemancipated minor shall be imputed to the parent or legal guardian having
 control or custody of the minor, pursuant to the provisions of Section 1714.1
 of the Civil Code.

  "In any action brought pursuant to this subdivision, the court may award
 attorney's fees to a prevailing plaintiff.

  "(h) This section shall not be construed to preclude the applicability of any
 other provision of the criminal law of this state which applies or may apply to
 any transaction."

  Former s 502, added by Stats.1871-72, c. 455, p. 684, s 1, made former ss 339,
 342, and 343 applicable to junk dealers.  The section was reenacted as s 344
 (repealed).

  Derivation:  Former s 502, added by Stats.1979, c. 858, s 1, amended by
 Stats.1981, c. 837, s 1;  Stats.1983, c. 1092, s 292;  Stats.1984, c. 949, s
 2;  Stats.1985, c. 571, s 1.

 s 502.01. Forfeiture of property used in committing COMPUTER CRIMES;
   redemption of interests;  application to minors;  distribution of proceeds

  (a) As used in this section:
  (1) "Property subject to forfeiture" means any property of the defendant that
 is a computer, computer system, or computer network, and any software or data
 residing thereon, if the computer, computer system, or computer network was
 used in committing a violation of subdivision (c) of Section 502 or a violation
 of subdivision (b) of Section 502.7 or was used as a repository for the storage
 of software or data obtained in violation of those provisions.  If the
 defendant is a minor, it also includes property of the parent or guardian of
 the defendant.
  (2) "Sentencing court" means the court sentencing a person found guilty of
 violating subdivision (c) of Section 502 or a violation of subdivision (b) of
 Section 502.7 or, in the case of a minor found to be a person described in
 Section 602 of the Welfare and Institutions Code because of a violation of
 those provisions, the juvenile court.
  (3) "Interest" means any property interest in the property subject to
 forfeiture.
  (4) "Security interest" means an interest that is a lien, mortgage, security
 interest, or interest under a conditional sales contract.
  (b) The sentencing court shall, upon petition by the prosecuting attorney, at
 any time following sentencing, or by agreement of all parties, at the time of
 sentencing, conduct a hearing to determine whether any property or property
 interest is subject to forfeiture under this section.  At the forfeiture
 hearing, the prosecuting attorney shall have the burden of establishing, by a
 preponderance of the evidence, that the property or property interests are
 subject to forfeiture.  The prosecuting attorney may retain seized property
 that may be subject to forfeiture until the sentencing hearing.
  (c) Prior to the commencement of a forfeiture proceeding, the law enforcement
 agency seizing the property subject to forfeiture shall make an investigation
 as to any person other than the defendant who may have an interest in it.  At
 least 30 days before the hearing to determine whether the property should be
 forfeited, the prosecuting agency shall send notice of the hearing to any
 person who may have an interest in the property that arose before the seizure.
  A person claiming an interest in the property shall file a motion for the
 redemption of that interest at least 10 days before the hearing on forfeiture,
 and a copy of the motion to the prosecuting agency and to the probation
 department.
  If a motion to redeem an interest has been filed, the sentencing court shall
 hold a hearing to identify all persons who possess valid interests in the
 property.  No person shall hold a valid interest in the property if, by a
 preponderance of the evidence, the prosecuting agency shows that the person
 knew or should have known that the property was being used in violation of
 subdivision (c) of Section 502 or subdivision (b) of Section 502.7, and that
 the person did not take reasonable steps to prevent that use, or if the
 interest is a security interest, the person knew or should have known at the
 time that the security interest was created that the property would be used for
 such a violation.
  (d) If the sentencing court finds that a person holds a valid interest in the
 property, the following provisions shall apply:
  (1) The court shall determine the value of the property.
  (2) The court shall determine the value of each valid interest in the
 property.
  (3) If the value of the property is greater than the value of the interest,
 the holder of the interest shall be entitled to ownership of the property upon
 paying the court the difference between the value of the property and the value
 of the valid interest.
  If the holder of the interest declines to pay the amount determined under
 paragraph (2), the court may order the property sold and designate the
 prosecutor or any other agency to sell the property.  The designated agency
 shall be entitled to seize the property and the holder of the interest shall
 forward any documentation underlying the interest, including any ownership
 certificates for that property, to the designated agency.  The designated
 agency shall sell the property and pay the owner of the interest the proceeds,
 up to the value of that interest.
  (4) If the value of the property is less than the value of the interest, the
 designated agency shall sell the property and pay the owner of the interest the
 proceeds, up to the value of that interest.
  (e) If the defendant was a minor at the time of the offense, this subdivision
 shall apply to property subject to forfeiture that is the property of the
 parent or guardian of the minor.
  (1) The prosecuting agency shall notify the parent or guardian of the
 forfeiture hearing at least 30 days before the date set for the hearing.
  (2) The computer shall not be subject to forfeiture if the parent or guardian
 files a signed statement with the court at least 10 days before the date set
 for the hearing that the minor shall not have access to any computer owned by
 the parent or guardian for two years after the date on which the minor is
 sentenced.
  (3) If the minor is convicted of a violation of subdivision (c) of Section 502
 or subdivision (b) of Section 502.7 within two years after the date on which
 the minor is sentenced, and the violation involves a computer owned by the
 parent or guardian, the original property subject to forfeiture, and the
 property involved in the new offense, shall be subject to forfeiture
 notwithstanding paragraph (2).
  (f) If the defendant is found to have the only valid interest in the property
 subject to forfeiture, it shall be distributed as follows:
  (1) First, to the victim, if the victim elects to take the property as full or
 partial restitution for injury, victim expenditures, or compensatory damages,
 as defined in paragraph (1) of subdivision (e) of Section 502.  If the victim
 elects to receive the property under this paragraph, the value of the property
 shall be determined by the court and that amount shall be credited against the
 restitution owed by the defendant.  The victim shall not be penalized for
 electing not to accept the forfeited property in lieu of full or partial
 restitution.
  (2) Second, at the discretion of the court, to one or more of the following
 agencies or entities:
  (A) The prosecuting agency.
  (B) The public entity of which the prosecuting agency is a part.
  (C) The public entity whose officers or employees conducted the investigation
 resulting in forfeiture.
  (D) Other state and local public entities, including school districts.
  (E) Nonprofit charitable organizations.
  (g) If the property is to be sold, the court may designate the prosecuting
 agency or any other agency to sell the property at auction.  The proceeds of
 the sale shall be distributed by the court as follows:
  (1) To the bona fide or innocent purchaser or encumbrancer, conditional sales
 vendor, or mortgagee of the property up to the amount of his or her interest in
 the property, if the court orders a distribution to that person.
  (2) The balance, if any, to be retained by the court, subject to the
 provisions for distribution under subdivision (f).

                           1990 Pocket Part Credit(s)

 (Added by Stats.1989, c. 1357, s 2.)

                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  1989 Legislation

  Addition of this section by s 5 of Stats.1989, c. 1110, failed to become
 operative under the provisions of s 8 of Stats.1989, c. 1357.

 West's Ann. Cal. Penal Code s 502.01
 CA PENAL s 502.01
END OF DOCUMENT

 s 1203.047. Conviction of COMPUTER CRIME;  probation

  A person convicted of a violation of paragraph (1), (2), (4), or (5) of
 subdivision (c) of Section 502, or of a felony violation of paragraph (3),
 (6), (7), or (8) of subdivision (c) of Section 502, or a violation of
 subdivision (b) of Section 502.7 may be granted probation, but, except in
 unusual cases where the ends of justice would be better served by a shorter
 period, the period of probation shall not be less than three years and the
 following terms shall be imposed.  During the period of probation, that person
 shall not accept employment where that person would use a computer connected by
 any means to any other computer, except upon approval of the court and notice
 to and opportunity to be heard by the prosecuting attorney, probation
 department, prospective employer, and the convicted person.  Court approval
 shall not be given unless the court finds that the proposed employment would
 not pose a risk to the public.

                           1990 Pocket Part Credit(s)

 (Added by Stats.1989, c. 1357, s 3.)


 s 1203.048. Property damage limitation;  probation;  conviction of COMPUTER
   CRIME

  (a) Except in unusual cases where the interests of justice would best be
 served if the person is granted probation, probation shall not be granted to
 any person convicted of a violation of Section 502 or subdivision (b) of
 Section 502.7 involving the taking of or damage to property with a value
 exceeding one hundred thousand dollars ($100,000).
  (b) The fact that the value of the property taken or damaged was an amount
 exceeding one hundred thousand dollars ($100,000) shall be alleged in the
 accusatory pleading, and either admitted by the defendant in open court, or
 found to be true by the jury trying the issue of guilt or by the court where
 guilt is established by plea of guilt or nolo contendere or by trial by the
 court sitting without a jury.
  (c) When probation is granted, the court shall specify on the record and shall
 enter on the minutes the circumstances indicating that the interests of justice
 would best be served by such a disposition.

                           1990 Pocket Part Credit(s)

 (Added by Stats.1989, c. 1357, s 4.)

 West's Ann. Cal. Penal Code s 1203.048
 CA PENAL s 1203.048

 s 2702. Prisoners convicted of COMPUTER CRIMES;  access to department COMPUTER
   system

  No person imprisoned after conviction of a violation of Section 502 or of
 subdivision (b) of Section 502.7 shall be permitted to work on or have access
 to any computer system of the department.

                           1990 Pocket Part Credit(s)

 (Added by Stats.1989, c. 1357, s 5.)

                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  1982 Legislation

I
 s 502.7. Obtaining telephone or telegraph services by fraud

  (a) Any person who, knowingly, willfully, and with intent to defraud a person
 providing telephone or telegraph service, avoids or attempts to avoid, or aids,
 abets or causes another to avoid the lawful charge, in whole or in part, for
 telephone or telegraph service by any of the following means is guilty of a
 misdemeanor or a felony, as provided in subdivision (f):
  (1) By charging the service to an existing telephone number or credit card
 number without the authority of the subscriber thereto or the lawful holder
 thereof.
  (2) By charging the service to a nonexistent telephone number or credit card
 number, or to a number associated with telephone service which is suspended or
 terminated, or to a revoked or canceled (as distinguished from expired) credit
 card number, notice of the suspension, termination, revocation, or cancellation
 of the telephone service or credit card having been given to the subscriber
 thereto or the holder thereof  .
  (3) By use of a code, prearranged scheme, or other similar stratagem or device
 whereby the person, in effect, sends or receives information  .
  (4) By rearranging, tampering with, or making connection with telephone or
 telegraph facilities or equipment, whether physically, electrically,
 acoustically, inductively, or otherwise, or by using telephone or telegraph
 service with knowledge or reason to believe that the rearrangement, tampering,
 or connection existed at the time of the use  .
  (5) By using any other deception, false pretense, trick, scheme, device, or
 means.
  (b) Any person who (1) makes, possesses, sells, gives, or otherwise transfers
 to another, or offers or advertises any instrument, apparatus, or device with
 intent to use it or with knowledge or reason to believe it is intended to be
 used to avoid any lawful telephone or telegraph toll charge or to conceal the
 existence or place of origin or destination of any telephone or telegraph
 message;  or (2) sells, gives, or otherwise transfers to another or offers, or
  advertises plans or instructions for making or assembling an instrument,
 apparatus, or device described in paragraph (1) of this subdivision with
 knowledge or reason to believe that they may be used to make or assemble the
 instrument, apparatus, or device is guilty of a misdemeanor or a felony, as
 provided in subdivision (f).
  (c) Any person who publishes the number or code of an existing, canceled,
 revoked, expired, or nonexistent credit card, or the numbering or coding which
 is employed in the issuance of credit cards, with the intent that it be used or
 with knowledge or reason to believe that it will be used to avoid the payment
 of any lawful telephone or telegraph toll charge is guilty of a misdemeanor.
 The provisions of subdivision (f) shall not apply to this subdivision.  As used
 in this section, "publishes" means the communication of information to any one
 or more persons, either orally, in person or by telephone, radio, or
 television, or in a writing of any kind, including without limitation a letter
 or memorandum, circular or handbill, newspaper, or magazine article, or book.
  (d) Subdivision (a) applies when the telephone or telegraph communication
 involved either originates or terminates, or both originates and terminates, in
 this state, or when the charges for service would have been billable, in normal
 course, by a person providing telephone or telegraph service in this state, but
 for the fact that the charge for service was avoided, or attempted to be
 avoided, by one or more of the means set forth in subdivision (a).
  (e) Jurisdiction of an offense under this section is in the jurisdictional
 territory where the telephone call or telegram involved in the offense
 originates or where it terminates, or the jurisdictional territory to which the
 bill for the service is sent or would have been sent but for the fact that the
 service was obtained or attempted to be obtained by one or more of the means
 set forth in subdivision (a).
  (f) If the total value of all telephone or telegraph services obtained in
 violation of this section aggregates over four hundred dollars ($400) within
 any period of twelve (12) consecutive months during the three years immediately
 prior to the time the indictment is found or the case is certified to the
 superior court, or prior to the time the information is filed, or if the
 defendant has previously been convicted of an offense in excess of four hundred
 dollars ($400) under this section or of an offense in excess of four hundred
 dollars ($400) under the laws of another state or of the United States which
 would have been an offense under this section if committed in this state, a
 person guilty of such offense is punishable by imprisonment in the county jail
 not exceeding one year, by a fine not exceeding one thousand dollars ($1,000),
 or both, or by imprisonment in the state prison, by a fine not exceeding ten
 thousand dollars ($10,000), or both.
  (g) Any instrument, apparatus, device, plans, instructions, or written
 publication described in subdivision (b) or (c) may be seized under warrant or
 incident to a lawful arrest, and, upon the conviction of a person for a
 violation of subdivision (a), (b), or (c), the instrument, apparatus, device,
 plans, instructions, or written publication may be destroyed as contraband by
 the sheriff of the county in which the person was convicted or turned over to
 the person providing telephone or telegraph service in the territory in which
 it was seized.
  (h)  Any COMPUTER, COMPUTER system, COMPUTER network, or any software or data,
 owned by the defendant, which is used during the commission of any public
 offense described in this section or any COMPUTER, owned by the defendant,
 which is used as a repository for the storage of software or data illegally
 obtained in violation of this section shall be subject to forfeiture.

                           1988 Main Volume Credit(s)

 (Added by Stats.1961, c. 1378, p. 3153, s 1.  Amended by Stats.1963, c. 1373,
 p. 2915, s 1;  Stats.1965, c. 956, p. 2573, s 1;   Stats.1971, c. 1019, p.
 1964, s 7;  Stats.1973, c. 1127, p. 2292, s 1;  Stats.1983, c. 1092, s 293,
 urgency, eff. Sept. 27, 1983, operative Jan. 1, 1984;  Stats. 1984, c. 1432, s

 2;  Stats.1986, c. 802, s 1.)

                           1990 Pocket Part Credit(s)

 (Amended by Stats.1989, c. 1110, s 6.)

                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1990 Pocket Part Historical and Statutory Notes

  1989 Legislation

  The 1989 amendment added subd. (h).

                 1988 Main Volume Historical and Statutory Notes

                                Main Volume Text

 s 502.7. Obtaining telephone or telegraph services by fraud

  (a) A person who, knowingly, willfully and with intent to defraud a person
 providing telephone or telegraph service, avoids or attempts to avoid, or aids,
 abets or causes another to avoid the lawful charge, in whole or in part, for
 telephone or telegraph service by any of the following means is guilty of a
 misdemeanor or a felony, as provided in subdivision (f):
  (1) By charging such service to an existing telephone number or credit card
 number without the authority of the subscriber thereto or the lawful holder
 thereof;  or
  (2) By charging such service to a nonexistent telephone number or credit card
 number, or to a number associated with telephone service which is suspended or
 terminated, or to a revoked or canceled (as distinguished from expired) credit
 card number, notice of such suspension, termination, revocation or cancellation
 of such telephone service or credit card having been given to the subscriber
 thereto or the holder thereof;  or
  (3) By use of a code, prearranged scheme, or other similar stratagem or device
 whereby said person, in effect, sends or receives information;  or
  (4) By rearranging, tampering with, or making connection with telephone or
 telegraph facilities or equipment, whether physically, electrically,
 acoustically, inductively or otherwise, or by using telephone or telegraph
 service with knowledge or reason to believe that such rearrangement, tampering
 or connection existed at the time of such use;  or
  (5) By using any other deception, false pretense, trick, scheme, device or
 means.
  (b) A person who (1) makes, possesses, sells, gives or otherwise transfers to
 another, or offers or advertises an instrument, apparatus, or device with
 intent to use it or with knowledge or reason to believe it is intended to be
 used to avoid any lawful telephone or telegraph toll charge or to conceal the
 existence or place of origin or destination of any telephone or telegraph
 message;  or (2) sells, gives or otherwise transfers to another or offers, or
 advertises plans or instructions for making or assembling an instrument,
 apparatus or device described in paragraph (1) of this subdivision with
 knowledge or reason to believe that they may be used to make or assemble such
 instrument, apparatus or device is guilty of a misdemeanor or a felony, as
 provided in subdivision (f).
  (c) Any person who publishes the number or code of an existing, canceled,
 revoked, expired or nonexistent credit card, or the numbering or coding which
 is employed in the issuance of credit cards, with the intent that it be used or
 with knowledge or reason to believe that it will be used to avoid the payment
 of any lawful telephone or telegraph toll charge is guilty of a misdemeanor.
 The provisions of subdivision (f) shall not apply to this subdivision.  As used
 in this section, "publishes" means the communication of information to any one
 or more persons, either orally, in person or by telephone, radio or television,
 or in a writing of any kind, including without limitation a letter or
 memorandum, circular or handbill, newspaper or magazine article, or book.
  (d) Subdivision (a) applies when the telephone or telegraph communication
 involved either originates or terminates, or both originates and terminates, in
 this state, or when the charges for service would have been billable, in normal
 course, by a person providing telephone or telegraph service in this state, but
 for the fact that the charge for service was avoided, or attempted to be
 avoided by one or more of the means set forth in subdivision (a).
  (e) Jurisdiction of an offense under this section is in the jurisdictional
 territory where the telephone call or telegram involved in the offense
 originates or where it terminates, or the jurisdictional territory to which the
 bill for the service is sent or would have been sent but for the fact that the
 service was obtained or attempted to be obtained by one or more of the means
 set forth in subdivision (a).
  (f) If the total value of all telephone or telegraph services obtained in
 violation of this section aggregates over four hundred dollars ($400) within
 any period of twelve (12) consecutive months during the three years immediately
 prior to the time the indictment is found or the case is certified to the
 superior court, or prior to the time the information is filed, or if the
 defendant has previously been convicted of an offense in excess of four hundred
 dollars ($400) under this section or of an offense in excess of four hundred
 dollars ($400) under the laws of another state or of the United States which
 would have been an offense under this section if committed in this state, a
 person guilty of such offense is punishable by imprisonment in the county jail
 not exceeding one year, by a fine not exceeding one thousand dollars ($1,000),
 or both, or by imprisonment in the state prison, by a fine not exceeding ten
 thousand dollars ($10,000), or both.
  (g) An instrument, apparatus, device, plans, instructions or written
 publication described in subdivision (b) or (c) may be seized under warrant or
 incident to a lawful arrest, and, upon the conviction of a person for a
 violation of subdivision (a), (b), or (c), the instrument, apparatus, device,
 plans, instructions or written publication may be destroyed as contraband by
 the sheriff of the county in which such person was convicted or turned over to
 the person providing telephone or telegraph service in the territory in which
 the same was seized.
 (Added by Stats.1961, c. 1378, p. 3153, s 1.  Amended by Stats.1963, c. 1373,
 p. 2915, s 1;  Stats.1965, c. 956, p. 2573, s 1;   Stats.1971, c. 1019, p.
 1964, s 7;  Stats.1973, c. 1127, p. 2292, s 1;  Stats.1983, c. 1092, s 293,
 urgency, eff. Sept. 27, 1983, operative Jan. 1, 1984;  Stats. 1984, c. 1432, s
 2;  Stats.1986, c. 802, s 1.)

                   Main Volume Historical and Statutory Notes

  The 1963 amendment designated the original section as subd. (a), changed
 former subds. (a-d) to be paragraphs (1-4) of subd. (a), and added present
 subds. (c) and (d).

  The 1965 amendment substituted, in introductory paragraph of subd. (a), the
 words "A person who, knowingly, willfully and with intent to defraud a person
 providing telephone or telegraph service, avoids or attempts to avoid, or aids,
 abets or causes another to avoid the lawful charge, in whole or in part, for
 telephone or telegraph service" in lieu of "Any person who, knowingly,
 willfully and with intent to defraud any telephone or telegraph corporation,
 obtains or attempts to obtain, or aids and abets another to obtain or attempt
 to obtain, any telephone or telegraph services";  substituted, in par. (4) of
 subd. (a), subject matter beginning with "telephone or telegraph facilities" in
 lieu of "any facilities or equipment of a telephone company";  inserted par. 5
 of subd. (a);  inserted subd. (b);  modified subd. (c) [now subd. (d)] by
 inserting the words "Subdivision (a) of", by substituting the words
 "communication involved" in lieu of "service", by substituting the words "this
 state" in lieu of "the State of California" or words of similar import, by
 deleting the words "firm or corporation" following "person", and by
 substituting "the charge for service, was avoided" and "avoided" in lieu of
 "said service was obtained" and "obtained", respectively;  and added subds.
 (e) and (f) [now subds. (f) and (g)].

  The 1971 amendment added an item (3) and a definition of "publishes" to subd.
 (b), which were designated as subd. (c) in 1973;  and included "written"
 publication in subd. (f) (now subd. (g)).

  The 1973 amendment rewrote subd. (d) to read substantially as it now appears,
 except for changes made by the 1986 amendment;  designated provisions formerly
 contained in subd. (b) as subd. (c);  redesignated subds. (c) to (f) as (d) to
 (g);  decreased the maximum state prison sentence in subd. (f) from five years
 to one year and one day [amended in 1984];  and inserted statutory references
 to subd. (c) in subd. (g).

  The 1983 amendment substituted in subd. (f) "four hundred dollars ($400)" for
 "two hundred dollars ($200)";  and increased the maximum fine from $5,000 to
 $10,000.

  The 1984 amendment substituted, in subd. (f), "imprisonment in the county jail
 not exceeding one year" for "imprisonment in the state prison not exceeding one
 year and one day";  and substituted "subdivision" for "subdivisions" in subd.
 (g).
  The 1986 amendment substituted in subds. (a) and (b) "is guilty of a
 misdemeanor or a felony, as provided in subdivision (f)" for "is guilty of a
 misdemeanor";  made nonsubstantive changes;  and rewrote subd. (f), which
 previously read:

  "If the total value of all telephone or telegraph services obtained in
 violation of this section aggregates over four hundred dollars ($400) within
 any period of twelve (12) consecutive months during the three years immediately
 prior to the time the indictment is found or the case is certified to the
 superior court, or if the defendant has previously been convicted of an offense
 under this section or of an offense under the laws of another state or of the
 United States which would have been an offense under this section if committed
 in this state, a person guilty of such offense is punishable by imprisonment in
 the county jail not exceeding one year, or by fine not exceeding ten thousand
 dollars ($10,000), or by both such fine and imprisonment."
 s 484j. Publication of access card, number or code with intent to defraud
   another

  Any person who publishes the number or code of an existing, canceled, revoked,
 expired or nonexistent access card, personal identification number, COMPUTER
 password, access code, debit card number, bank account number, or the numbering
 or coding which is employed in the issuance of access cards, with the intent
 that it be used or with knowledge or reason to believe that it will be used to
 avoid the payment of any lawful charge, or with intent to defraud or aid
 another in defrauding, is guilty of a misdemeanor.  As used in this section,
 "publishes" means the communication of information to any one or more persons,
 either orally, in person or by telephone, radio or television, or on a COMPUTER
 network or COMPUTER bulletin board, or in a writing of any kind, including
 without limitation a letter or memorandum, circular or handbill, newspaper or
 magazine article, or book.

                           1988 Main Volume Credit(s)

 (Added by Stats.1971, c. 1019, p. 1964, s 6.  Amended by Stats.1986, c. 1436, s
 7;  Stats.1986, c. 1437, s 2.)
                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1988 Main Volume Historical and Statutory Notes

  The 1986 amendment by c. 1437 substituted "access card" for "credit card";
 inserted, in the first sentence, "personal identification number, COMPUTER
 password, access code, debit card member, bank account number" and "or with
 intent to defraud or aid another in defrauding";  and inserted, in the second
 sentence, "or on a COMPUTER network or COMPUTER bulletin board".

  Amendment of this section by s 1 of Stats.1986, c. 1437, failed to become
 operative under the provisions of s 3 of that Act.

  Effect of amendment of section by two or more acts at the same session of the
 legislature, see Government Code s 9605.



  s 499c. Trade secrets;  theft;  solicitation or bribery to acquire;
   punishment;  defenses

  (a) As used in this section:
  (1) "Access" means to approach, a way or means of approaching, nearing,
 admittance to, including to instruct, communicate with, store information in,
 or retrieve information from a COMPUTER system or COMPUTER network.
  (2) "Article" means any object, material, device or substance or copy thereof,
 including any writing, record, recording, drawing, sample, specimen, prototype,
 model, photograph, micro-organism, blueprint, map, or tangible representation
 of COMPUTER program or information, including both human and COMPUTER readable
 information and information while in transit.
  (3) "Benefit" means gain or advantage, or anything regarded by the beneficiary
 as gain or advantage, including benefit to any other person or entity in whose
 welfare he is interested.
  (4) "COMPUTER system" means a machine or collection of machines, one or more
 of which contain COMPUTER programs and information, that performs functions,
 including, but not limited to, logic, arithmetic, information storage and
 retrieval, communications, and control.
  (5) "COMPUTER network" means an interconnection of two or more COMPUTER
 systems.
  (6) "COMPUTER program" means an ordered set of instructions or statements, and
 related information that, when automatically executed in actual or modified
 form in a COMPUTER system, causes it to perform specified functions.
  (7) "Copy" means any facsimile, replica, photograph or other reproduction of
 an article, and any note, drawing or sketch made of or from an article.
  (8) "Representing" means describing, depicting, containing, constituting,
 reflecting or recording.
  (9) "Trade secret" means the whole or any portion or phase of any scientific
 or technical information, design, process, procedure, formula, COMPUTER program
 or information stored in a COMPUTER, information in transit, or improvement
 which is secret and is not generally available to the public, and which gives
 one who uses it an advantage over competitors who do not know of or use the
 trade secret;  and a trade secret shall be presumed to be secret when the owner
 thereof takes measures to prevent it from becoming available to persons other
 than those selected by the owner to have access thereto for limited purposes.
  (b) Every person is guilty of theft who, with intent to deprive or withhold
 from the owner thereof the control of a trade secret, or with an intent to
 appropriate a trade secret to his or her own use or to the use of another, does
 any of the following:
  (1) Steals, takes, carries away, or uses without authorization a trade secret.
  (2) Fraudulently appropriates any article representing a trade secret
 entrusted to him.
  (3) Having unlawfully obtained access to the article, without authority makes
 or causes to be made a copy of any article representing a trade secret.
  (4) Having obtained access to the article through a relationship of trust and
 confidence, without authority and in breach of the obligations created by such
 relationship makes or causes to be made, directly from and in the presence of
 the article, a copy of any article representing a trade secret.
  (c) Every person who promises or offers or gives, or conspires to promise or
 offer to give, to any present or former agent, employee or servant of another a
 benefit as an inducement, bribe or reward for conveying, delivering or
 otherwise making available an article representing a trade secret owned by his
 or her present or former principal, employer or master, to any person not
 authorized by such owner to receive or acquire the same and every person who
 being a present or former agent, employee, or servant, solicits, accepts,
 receives or takes a benefit as an inducement, bribe or reward for conveying,
 delivering or otherwise making available an article representing a trade secret
 owned by his or her present or former principal, employer or master, to any
 person not authorized by such owner to receive or acquire the same is
 punishable by imprisonment in the state prison, or in a county jail not
 exceeding one year, or by fine not exceeding five thousand dollars ($5,000), or
 by both such fine and such imprisonment.
  (d) In a prosecution for a violation of this section it shall be no defense
 that the person so charged, returned or intended to return the article.

                           1988 Main Volume Credit(s)

 (Added by Stats.1967, c. 132, p. 1164, s 2.   Amended by Stats.1976, c. 1139,
 p. 5126, s 226, operative July 1, 1977;  Stats.1983, c. 1092, s 290, urgency,
 eff. Sept. 27, 1983, operative Jan. 1, 1984;  Stats.1983, c. 933, s 2.)

                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1988 Main Volume Historical and Statutory Notes

  Section 1 of Stats.1967, c. 132, p. 1163, provided:

  "It is the purpose of this act to clarify and restate existing law with
 respect to CRIMES involving trade secrets and to make clear that articles
 representing trade secrets, including the trade secrets represented thereby,
 constitute goods, chattels, materials and property and can be the subject of
 criminal acts."

  The 1976 amendment in subd. (c) following "in the state prison" deleted "not
 exceeding 10 years."

  The 1983 amendment by c. 933 inserted subds. (a)(1), (a)(4) to (a)(6);
 relettered former subd. (a)(1) as subd. (a)(2), former subd. (a)(2) as subd.

 (a)(8), former subd. (a)(3) as subd. (a)(9), former subd. (a)(4) as subd.
 (a)(7), and former subd. (a)(5) as subd. (a)(3);  inserted the remainder of
 subd. (a)(2) following "map";  substituted in subd. (b)(1) "or uses without
 authorization" for "any article representing";  and made nonsubstantive
 changes.

  Amendment of this section by s 3 of Stats.1983, c. 933, failed to become
 operative under the provisions of s 5 of that Act.

  Subordination of legislation by Stats.1983, c. 1092, to other legislation
 enacted during the 1983 portion of the 1983-84 Regular Session and effective on
 or before Jan. 1, 1984, see Historical Note under Bus. & Prof. C. s 556.

  Former s 499c, added by Stats.1943, c. 793, s 1, relating to theft of
 automobile tires, expired by its own terms Sept. 15, 1945, and was repealed by
 Stats.1963, c. 372, s 14.

  Former s 499c, added by Stats.1909, c. 358, p. 590, s 1, and repealed by
 Stats.1935, c. 27, p. 247, s 802, relating to the unlawful use of and to
 tampering with automobiles, was reenacted as Vehicle Code s 443 (repealed.
 See, now, Veh.C. s 10854).




TUCoPS is optimized to look best in Firefox® on a widescreen monitor (1440x900 or better).
Site design & layout copyright © 1986-2014 AOH