VIRGINIA COMPUTER CRIMES ACT

• § 18.2-152.3:1.   Transmission of unsolicited bulk electronic mail; penalty.

      A. Any person who:

      1. Uses a computer or computer network with the intent to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers; or

      2. Knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or distribute software that (i) is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information; (ii) has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or (iii) is marketed by that person acting alone or with another for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information is guilty of a Class 1 misdemeanor.

      B. A person is guilty of a Class 6 felony if he commits a violation of subsection A and:

      1. The volume of UBE transmitted exceeded 10,000 attempted recipients in any 24-hour period, 100,000 attempted recipients in any 30-day time period, or one million attempted recipients in any one-year time period; or

      2. The revenue generated from a specific UBE transmission exceeded $1,000 or the total revenue generated from all UBE transmitted to any EMSP exceeded $50,000.

      C. A person is guilty of a Class 6 felony if he knowingly hires, employs, uses, or permits any minor to assist in the transmission of UBE in violation of subdivision B 1 or subdivision B 2.

• 18.2-152.3. COMPUTER fraud.
  
     Any person who uses a COMPUTER or COMPUTER network without authority and with
   the intent to:
     1. Obtain property or services by false pretenses;
     2. Embezzle or commit larceny; or
     3. Convert the property of another shall be guilty of the CRIME of COMPUTER
   fraud. If the value of the property or services obtained is $200 or more, the
   CRIME of COMPUTER fraud shall be punishable as a Class 5 felony. Where the
   value of the property or services obtained is less than $200, the CRIME of
   COMPUTER fraud shall be punishable as a Class 1 misdemeanor.

• 18.2-152.4. COMPUTER trespass; penalty.
  
     Any person who uses a COMPUTER or COMPUTER network without authority and with
   the intent to:
     1. Temporarily or permanently remove 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 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. Cause physical injury to the property of another; or
     6. 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 shall be guilty of the CRIME of COMPUTER trespass,
   which shall be punishable as a Class 1 misdemeanor. If such act is done
   maliciously and the value of the property damaged is $2,500 or more, the
   offense shall be punishable as a Class 6 felony.

• 18.2-152.5. COMPUTER invasion of privacy.
  
     A. A person is guilty of the CRIME of COMPUTER invasion of privacy when he
   uses a COMPUTER or COMPUTER network and intentionally examines without
   authority any employment, salary, credit or any other financial or personal
   information relating to any other person. "Examination" under this section
   requires the offender to review the information relating to any other person
   after the time at which the offender knows or should know that he is without
   authority to view the information displayed.
     B. The CRIME of COMPUTER invasion of privacy shall be punishable as a Class 3
   misdemeanor.

• 18.2-152.6. Theft of COMPUTER services.
  
     Any person who willfully uses a COMPUTER or COMPUTER network, with intent to
   obtain COMPUTER services without authority, shall be guilty of the CRIME of
   theft of COMPUTER services, which shall be punishable as a Class 1 misdemeanor.

• 18.2-152.7. Personal trespass by COMPUTER.
  
     A. A person is guilty of the CRIME of personal trespass by COMPUTER when he
   uses a COMPUTER or COMPUTER network without authority and with the intent to
   cause physical injury to an individual.
     B. If committed maliciously, the CRIME of personal trespass by COMPUTER shall
   be punishable as a Class 3 felony. If such act be done unlawfully but not
   maliciously, the CRIME of personal trespass by COMPUTER shall be punishable as
   a Class 1 misdemeanor.

• 18.2-152.8. Property capable of embezzlement.
  
     For purposes of s 18.2-111, personal property subject to embezzlement shall
   include:
     1. COMPUTERS and COMPUTER networks;
     2. Financial instruments, COMPUTER data, COMPUTER programs, COMPUTER software
   and all other personal property regardless of whether they are:
     a. Tangible or intangible;
     b. In a format readable by humans or by a COMPUTER;
     c. In transit between COMPUTERS or within a COMPUTER network or between any
   devices which comprise a COMPUTER; or
     d. Located on any paper or in any device on which it is stored by a COMPUTER
   or by a human; and
  
     3. COMPUTER services.

• 18.2-152.14. COMPUTER as instrument of forgery.
  
     The creation, alteration, or deletion of any COMPUTER data contained in any
   COMPUTER or COMPUTER network, which if done on a tangible document or
   instrument would constitute forgery under Article 1 (s 18.2-168 et seq.) of
   Chapter 6 of this Title, will also be deemed to be forgery. The absence of a
   tangible writing directly created or altered by the offender shall not be a
   defense to any CRIME set forth in Article 1 (s 18.2-168 et seq.) of Chapter 6
   of this Title if a creation, alteration, or deletion of COMPUTER data was
   involved in lieu of a tangible document or instrument.

If you are accused of a Virginia computer crime, a Virginia Cyber crime, or a Virginia Internet crime, our cybercrime defense attorneys can provide you with expert cyber crime representation.