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TUCoPS :: Cyber Law :: georgia2.txt

More Georgia Computer Crime Law





                         TITLE 16.  CRIMES AND OFFENSES

                  CHAPTER 9.  FORGERY AND FRAUDULENT PRACTICES
                     ARTICLE 6.  COMPUTER RELATED OFFENSES

                           O.C.G.A @  16-9-90  (1990)

@  16-9-90.  Short title.

   This article may be cited as the "Georgia Computer Systems
Protection Act."



                         TITLE 16.  CRIMES AND OFFENSES

                  CHAPTER 9.  FORGERY AND FRAUDULENT PRACTICES
                     ARTICLE 6.  COMPUTER RELATED OFFENSES

                            O.C.G.A @ 16-9-91 (1990)

@ 16-9-91. Legislative intent.

   The General Assembly finds that:
    (1) Computer related crime is a growing problem in the
government and   in the private sector;
    (2) Such crime occurs at great cost to the public since losses
for each incident of computer crime tend to be far greater than the
losses associated with each incident of other white collar crime;
   (3) The opportunities for computer related crimes in state
programs and in other entities which operate within the state
through the introduction of fraudulent records into a computer
system, unauthorized use of computer facilities, alteration or
destruction of computerized information files, and stealing of
financial instruments, data, or other assets are great;
    (4) Computer related crime operations have a direct effect on
state commerce; and
    (5) The prosecution of persons engaged in computer related
crime is difficult under current Georgia criminal statutes.


                         TITLE 16.  CRIMES AND OFFENSES

                  CHAPTER 9.  FORGERY AND FRAUDULENT PRACTICES
                     ARTICLE 6.  COMPUTER RELATED OFFENSES

                            O.C.G.A @ 16-9-92 (1990)

@ 16-9-92. Definitions.

   As used in this article, the term:
    (1) "Access" means to approach, instruct, communicate with,
store data in, retrieve data from, or otherwise make use of any
resources of a computer, computer system, or computer network.
    (2) "Computer" means an internally programmed, general-purpose,
 digital device that automatically processes substantial data.
(3) "Computer network" means a set of two or more computer systems
 that automatically transmit data over communication circuits
connecting them.
    (4) "Computer program" means an ordered set of data that are
coded instructions or statements that when executed by a computer
cause the computer to process data.
    (5) "Computer software" means a set of computer programs,
procedures, and associated documentation concerned with the
operation of a computer system.
    (6) "Computer system" means a set of connected devices
including a computer and possibly other devices such as data input,
output, or storage devices, data communication circuits, and
operating system computer programs that make the system capable of
performing special-purpose data processing tasks for which it is
specified.
    (7) "Data" means a representation of information, knowledge,
facts, concepts, or instructions which is being prepared or has
been prepared in a formalized manner and is intended to be
processed, is being processed, or has been processed in a computer
system or computer network; which should be classified as
intellectual property; and which may be in any form, including, but
not limited to, computer printouts, magnetic storage media, punched
cards, or stored internally in the memory of the computer.
    (8) "Financial instruments" means any check, draft, money
order, certificate of deposit, letter of credit, bill of exchange,
credit card, or marketable security, or any computer system
representation thereof.
    (9) "Property" includes, but is not limited to, financial
instruments,   data, computer programs, documentation associated
with data and computer   systems and programs, all in machine-
readable or human-readable form, and any other tangible or
intangible item of value.
    (10) "Services" includes, but is not limited to, providing a
computer   system to perform tasks.



                         TITLE 16.  CRIMES AND OFFENSES

                  CHAPTER 9.  FORGERY AND FRAUDULENT PRACTICES
                     ARTICLE 6.  COMPUTER RELATED OFFENSES

                            O.C.G.A @ 16-9-93 (1990)

@ 16-9-93. Accessing of computers, etc., for fraudulent purposes;
unauthorized access, alteration, destruction, etc., of computers,
etc.

   (a) Any person who knowingly and willfully, directly or
indirectly, without authorization, accesses, causes to be accessed,
or attempts to access any computer, computer system, computer
network, or any part thereof which, in whole or in part, operates
in commerce or is owned by, under contract to, or in conjunction
with state, county, or local government or any branch, department,
or agency thereof, any business, or any entity operating in or
affecting commerce for the purpose of:
    (1) Devising or executing any scheme or artifice to defraud; or
   (2) Obtaining money, property, or services for themselves or
another by means of false or fraudulent pretenses, representations,
or promises, upon conviction thereof, shall be fined a sum of not
more than two and one-half times the amount of the fraud or theft
or imprisoned not more than 15 years, or both.
   (b) Any person who intentionally and without authorization,
directly or indirectly accesses, alters, damages, destroys, or
attempts to damage or destroy any computer, computer system, or
computer network, or any computer software, program, or data, upon
conviction thereof, shall be fined not more than $ 50,000.00 or
imprisoned not more than 15 years, or both.



                         TITLE 16.  CRIMES AND OFFENSES

                  CHAPTER 9.  FORGERY AND FRAUDULENT PRACTICES
                     ARTICLE 6.  COMPUTER RELATED OFFENSES

                            O.C.G.A @ 16-9-94 (1990)

@ 16-9-94. Venue.

   For the purpose of venue under this article, any violation of
this article shall be considered to have been committed:
    (1) In any county in which any act was performed in furtherance
of any transaction which violated this article;
    (2) In the county of the principal place of business in this
state of the owner or lessee of a computer, computer system,
computer network, or any part thereof;
    (3) In any county in which any violator had control or
possession of any proceeds of the violation or of any books,
records, documents, property, financial instrument, computer
software, computer program, or other material or objects which were
used in furtherance of the violation; and
    (4) In any county from which, to which, or through which any
access to a computer or computer network was made, whether by
wires, electromagnetic waves, microwaves, or any other means of
communication.

                         TITLE 16.  CRIMES AND OFFENSES

                  CHAPTER 9.  FORGERY AND FRAUDULENT PRACTICES
                     ARTICLE 6.  COMPUTER RELATED OFFENSES

                            O.C.G.A @ 16-9-95 (1990)

@ 16-9-95. Duty to report violations of this article; immunity from
liability for making such report.

   It is the duty of every business; partnership; college;
university; person; state, county, or local governmental agency or
department or branch thereof; corporation; or other business entity
which has reasonable grounds to believe that a violation of this
article has been committed to report promptly the suspected
violation to law enforcement authorities. When acting in good
faith, such business; partnership; college; university; person;
state, county, or local governmental agency or department or branch
thereof; corporation; or other business entity shall be immune from
any civil liability for such reporting. 



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