18.2-152.4 - Computer trespass; penalty.
§ 18.2-152.4. Computer trespass; penalty.
A. It shall be unlawful for any person, with malicious intent, to:
1. Temporarily or permanently remove, halt, or otherwise disable any computerdata, computer programs or computer software from a computer or computernetwork;
2. Cause a computer to malfunction, regardless of how long the malfunctionpersists;
3. Alter, disable, or erase any computer data, computer programs or computersoftware;
4. Effect the creation or alteration of a financial instrument or of anelectronic transfer of funds;
5. Use a computer or computer network to cause physical injury to theproperty of another;
6. Use a computer or computer network to make or cause to be made anunauthorized copy, in any form, including, but not limited to, any printed orelectronic form of computer data, computer programs or computer softwareresiding in, communicated by, or produced by a computer or computer network;
7. [Repealed.]
8. Install or cause to be installed, or collect information through, computersoftware that records all or a majority of the keystrokes made on thecomputer of another without the computer owner's authorization; or
9. Install or cause to be installed on the computer of another, computersoftware for the purpose of (i) taking control of that computer so that itcan cause damage to another computer or (ii) disabling or disrupting theability of the computer to share or transmit instructions or data to othercomputers or to any related computer equipment or devices, including but notlimited to printers, scanners, or fax machines.
B. Any person who violates this section is guilty of computer trespass, whichshall be a Class 1 misdemeanor. If there is damage to the property of anothervalued at $1,000 or more caused by such person's act in violation of thissection, the offense shall be a Class 6 felony. If a person installs orcauses to be installed computer software in violation of this section on morethan five computers of another, the offense shall be a Class 6 felony. If aperson violates subdivision A 8, the offense shall be a Class 6 felony.
C. Nothing in this section shall be construed to interfere with or prohibitterms or conditions in a contract or license related to computers, computerdata, computer networks, computer operations, computer programs, computerservices, or computer software or to create any liability by reason of termsor conditions adopted by, or technical measures implemented by, aVirginia-based electronic mail service provider to prevent the transmissionof unsolicited electronic mail in violation of this article. Nothing in thissection shall be construed to prohibit the monitoring of computer usage of,the otherwise lawful copying of data of, or the denial of computer orInternet access to a minor by a parent or legal guardian of the minor.
(1984, c. 751; 1985, c. 322; 1990, c. 663; 1998, c. 892; 1999, cc. 886, 904,905; 2002, c. 195; 2003, cc. 987, 1016; 2005, cc. 761, 812, 827; 2007, c.483.)