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TUCoPS :: Cyber Law :: n_caroln.txt

North Carolina Computer Crime Law





                       GENERAL STATUTES OF NORTH CAROLINA
      Copyright (c) 1944-1990 by The Michie Company.  All rights reserved.
                            CHAPTER 14. CRIMINAL LAW.
                   SUBCHAPTER XI. GENERAL POLICE REGULATIONS.
                       ARTICLE 60. COMPUTER-RELATED CRIME.

 s 14-453. Definitions.

   As used in this section, unless the context clearly requires otherwise, the
 following terms have the meanings specified:
    (1) "Access" means to approach, instruct, communicate with, cause input,
      cause output, or otherwise make use of any resources of a computer,
      computer system or computer network.
    (2) "Computer" means an internally programmed, automatic device that
      performs data processing.
    (3) "Computer network" means the interconnection of communication systems
      with a computer through remote terminals, or a complex consisting of two
      or more interconnected computers.
    (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 related, connected or unconnected
      computer equipment and devices.
    (7) "Financial statement" includes but is not limited to any check, draft,
      money order, certificate of deposit, letter of credit, bill of exchange,
      credit card of [or] marketable security, or any electronic data processing
      representation thereof.
    (8) "Property" includes but is not limited to, financial instruments,
      information, including electronically processed or produced data, and
      computer software and programs in either machine or human readable form,
      and any other tangible or intangible item of value.
    (9) "Services" includes, but is not limited to, computer time, data
      processing and storage functions.

   (1979, c. 831, s. 1.)


 s 14-454. Accessing computers.

   (a) A person is guilty of a Class H felony if he willfully, directly or
 indirectly, accesses or causes to be accessed any computer, computer system,
 computer network, or any part thereof, for the purpose of:
    (1) Devising or executing any scheme or artifice to defraud, unless the
      object of the scheme or artifice is to obtain educational testing
      material, a false educational testing score, or a false academic or
      vocational grade, or
    (2) Obtaining property or services other than educational testing material,
      a false educational testing score, or a false academic or vocational grade
      for himself or another, by means of false or fraudulent pretenses,
      representations or promises.
   (b) Any person who willfully and without authorization, directly or
 indirectly, accesses or causes to be accessed any computer, computer system,
 computer network, or any part thereof, for any purpose other than those set
 forth in subsection (a) above, is guilty of a misdemeanor.

   (1979, c. 831, s. 1; 1979, 2nd Sess., c. 1316, s. 19.)

                                HISTORICAL NOTES

   Editor's Note. -- Session Laws 1979, 2nd Sess., c. 1316, which inserted
 "Class H" near the beginning of the introductory paragraph in subsection (a),
 was originally made effective March 1, 1981. It was postponed to April 15,
 1981, by Session Laws 1981, c. 63; and to July 1, 1981, by Session Laws 1981,
 c. 179.


 s 14-455. Damaging computers and related materials.

   (a) A person is guilty of a Class H felony if he willfully and without
 authorization alters, damages or destroys a computer, computer system, computer
 network, or any part thereof.
   (b) A person is guilty of a misdemeanor if he willfully and without
 authorization alters, damages, or destroys any computer software, program or
 data residing or existing internal or external to a computer, computer system
 or computer network.

   (1979, c. 831, s. 1; 1979, 2nd Sess., c. 1316, s. 20.)

                                HISTORICAL NOTES

   Editor's Note. -- Session Laws 1979, 2nd Sess., c. 1316, which inserted
 "Class H" in subsection (a), was originally made effective March 1, 1981. It
 was postponed to April 15, 1981, by Session Laws 1981, c. 63; and to July 1,
 1981, by Session Laws 1981, c. 179.


 s 14-456. Denial of computer services to an authorized user.

   Any person who willfully and without authorization denies or causes the
 denial of computer system services to an authorized user of such computer
 system services, is guilty of a misdemeanor.

   (1979, c. 831, s. 1.)

  s 14-457. Extortion.

   Any person who verbally or by a written or printed communication, maliciously
 threatens to commit an act described in G.S. 14-455 with the intent to extort
 money or any pecuniary advantage, or with the intent to compel any person to do
 or refrain from doing any act against his will, is guilty of a Class H felony.

   (1979, c. 831, s. 1; 1979, 2nd Sess., c. 1316, s. 21.)

                                HISTORICAL NOTES

   Editor's Note. -- Session Laws 1979, 2nd Sess., c. 1316, which inserted
 "Class H" near the end of the section, was originally made effective March 1,
 1981. It was postponed to April 15, 1981, by Session Laws 1981, c. 63; and to
 July 1, 1981, by Session Laws 1981, c. 179.



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