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TUCoPS :: Cyber Law :: washngtn.txt

Washington Computer Crime Law




                   WEST'S REVISED CODE OF WASHINGTON ANNOTATED
               COPR. (c) WEST 1991  No Claim to Orig. Govt. Works
                       TITLE 9A.  WASHINGTON CRIMINAL CODE
                 (SEE ALSO CRIMES AND PUNISHMENTS, TITLE 9 RCWA)
                      CHAPTER 9A.52--BURGLARY AND TRESPASS


 9A.52.110. COMPUTER TRESPASS in the first degree

  (1) A person is guilty of COMPUTER TRESPASS in the first degree if the person,
 without authorization, intentionally gains access to a COMPUTER system or
 electronic data base of another;  and
  (a) The access is made with the intent to commit another crime;  or
  (b) The violation involves a COMPUTER or data base maintained by a government
 agency.
  (2) COMPUTER TRESPASS in the first degree is a class C felony.

                           1988 Main Volume Credit(s)

 Enacted by Laws 1984, ch. 273, s 1.

 9A.52.120. COMPUTER TRESPASS in the second degree

  (1) A person is guilty of COMPUTER TRESPASS in the second degree if the
 person, without authorization, intentionally gains access to a COMPUTER system
 or electronic data base of another under circumstances not constituting the
 offense in the first degree.
  (2) COMPUTER TRESPASS in the second degree is a gross misdemeanor.

                           1988 Main Volume Credit(s)

 Enacted by Laws 1984, ch. 273, s 2.

 9A.52.130. COMPUTER trespass--Commission of other CRIME

  A person who, in the commission of a COMPUTER trespass, commits any other
 CRIME may be punished for that other CRIME as well as for the COMPUTER trespass
 and may be prosecuted for each CRIME separately.

                           1988 Main Volume Credit(s)

 Enacted by Laws 1984, ch. 273, s 3.


 West's RCWA 9.26A.110

                   WEST'S REVISED CODE OF WASHINGTON ANNOTATED
               COPR. (c) WEST 1991  No Claim to Orig. Govt. Works
                        TITLE 9.  CRIMES AND PUNISHMENTS
                     CHAPTER 9.26A--TELECOMMUNICATIONS CRIME

 9.26A.110. Fraud in obtaining telecommunications service--Penalty

  (1) Every person who, with intent to evade the provisions of any order or rule
 of the Washington utilities and transportation commission or of any tariff,
 price list, contract, or any other filing lawfully submitted to said commission
 by any telephone, telegraph, or telecommunications company, or with intent to
 defraud, obtains telephone, telegraph, or telecommunications service from any
 telephone, telegraph, or telecommunications company through:  (a) The use of a
 false or fictitious name or telephone number;  (b) the unauthorized use of the
 name or telephone number of another;  (c) the physical or electronic
 installation of, rearrangement of, or tampering with any equipment, or use of a
 telecommunications device;  (d) the commission of COMPUTER TRESPASS;  or (e)
 any other trick, deceit, or fraudulent device, shall be guilty of a
 misdemeanor.  If the value of the telephone, telegraph, or telecommunications
 service that any person obtains in violation of this section during a period of
 ninety days exceeds:
  (a) Fifty dollars in the aggregate, then such person shall be guilty of a
 gross misdemeanor;
  (b) Two hundred fifty dollars in the aggregate, then such person shall be
 guilty of a class C felony.
  However, for any act that constitutes a violation of both this subsection and
 subsection (2) of this section the provisions of subsection (2) of this section
 shall be exclusive.
  (2) Every person who:
  (a) Makes, possesses, sells, gives, or otherwise transfers to another a
 telecommunications 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
  (b) Sells, gives, or otherwise transfers to another plans or instructions for
 making or assembling a telecommunications device described in subparagraph (a)
 of this subsection with knowledge or reason to believe that the plans may be
 used to make or assemble such device shall be guilty of a felony.

                           1991 Pocket Part Credit(s)

 Formerly s 9.45.240, enacted by Laws 1955, ch. 114, s 1.  Amended by Laws 1972,
 Ex.Sess., ch. 75, s 1;  Laws 1974, Ex.Sess., ch. 160, s 2;  Laws 1977,
 Ex.Sess., ch. 42, s 1;  Laws 1981, ch. 252, s 1.  Recodified as s 9.26A.110 and
 amended by Laws 1990, ch. 11, ss 2, 5.

                                HISTORICAL NOTES

                         HISTORICAL AND STATUTORY NOTES

                 1991 Pocket Part Historical and Statutory Notes

  1990 Legislation

  Laws 1990, ch. 11, s 2, in subsec. (1), rewrote the introductory paragraph,
 which previously read:

  "Every person who, with intent to evade the provisions of any order of the
 Washington utilities and transportation commission or of any tariff, rule, or
 regulation lawfully filed with said commission by any telephone or telegraph
 company, or with intent to defraud, obtains telephone or telegraph service from
 any telephone or telegraph company through the use of a false or fictitious
 name or telephone number or the unauthorized use of the name or telephone
 number of another, or through any other trick, deceit, or fraudulent device,
 shall be guilty of a misdemeanor.  If the value of the telephone or telegraph
 service which any person obtains in violation of this section during a period
 of ninety days exceeds:";

 in subsecs. (2)(a) and (b), preceding "device" substituted "a
 telecommunications" for "an instrument, apparatus, or";  in subsec. (2)(b),
 near the end, substituted "the plans" for "they";  and preceding "device"
 deleted "instrument, apparatus, or".




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