Georgia General Assembly
Unannotated Code
16-9-93.html
16-9-93.
(a) Computer theft. Any person who uses a
computer or computer network with knowledge that such use is without authority
and with the intention of:
(1) Taking or
appropriating any property of another, whether or not with the intention of
depriving the owner of possession;
(2) Obtaining
property by any deceitful means or artful practice;
or
(3) Converting property to such
person´s
use in violation of an agreement or other known legal obligation to make a
specified application or disposition of such
property
shall be guilty of the crime of computer
theft.
(b) Computer Trespass. Any person who
uses a computer or computer network with knowledge that such use is without
authority and with the intention of:
(1) Deleting or
in any way removing, either temporarily or permanently, any computer program or
data from a computer or computer network;
(2)
Obstructing, interrupting, or in any way interfering with the use of a computer
program or data; or
(3) Altering, damaging, or in any
way causing the malfunction of a computer, computer network, or computer
program, regardless of how long the alteration, damage, or malfunction
persists
shall be guilty of the crime of computer
trespass.
(c) Computer Invasion of Privacy.
Any person who uses a computer or computer network with the intention of
examining any employment, medical, salary, credit, or any other financial or
personal data relating to any other person with knowledge that such examination
is without authority shall be guilty of the crime of computer invasion of
privacy.
(d) Computer Forgery. Any person who
creates, alters, or deletes any data contained in any computer or computer
network, who, if such person had created, altered, or deleted a tangible
document or instrument would have committed forgery under Article 1 of this
chapter, shall be guilty of the crime of computer forgery. The absence of a
tangible writing directly created or altered by the offender shall not be a
defense to the crime of computer forgery if a creation, alteration, or deletion
of data was involved in lieu of a tangible document or instrument.
(e) Computer Password Disclosure. Any person
who discloses a number, code, password, or other means of access to a computer
or computer network knowing that such disclosure is without authority and which
results in damages (including the fair market value of any services used and
victim expenditure) to the owner of the computer or computer network in excess
of $500.00 shall be guilty of the crime of computer password disclosure.
(f) Article not Exclusive. The provisions of
this article shall not be construed to preclude the applicability of any other
law which presently applies or may in the future apply to any transaction or
course of conduct which violates this article.
(g)
Civil Relief; Damages.
(1) Any person whose
property or person is injured by reason of a violation of any provision of this
article may sue therefor and recover for any damages sustained and the costs of
suit. Without limiting the generality of the term, 'damages' shall include loss
of profits and victim expenditure.
(2) At the request
of any party to an action brought pursuant to this Code section, the court shall
by reasonable means conduct all legal proceedings in such a way as to protect
the secrecy and security of any computer, computer network, data, or computer
program involved in order to prevent possible recurrence of the same or a
similar act by another person and to protect any trade secrets of any party.
(3) The provisions of this article shall not be
construed to limit any
person´s
right to pursue any additional civil remedy otherwise allowed by law.
(4) A civil action under this Code section must be
brought within four years after the violation is discovered or by exercise of
reasonable diligence should have been discovered. For purposes of this article,
a continuing violation of any one subsection of this Code section by any person
constitutes a single violation by such person.
(h)
Criminal Penalties.
(1) Any person convicted
of the crime of computer theft, computer trespass, computer invasion of privacy,
or computer forgery shall be fined not more than $50,000.00 or imprisoned not
more than 15 years, or both.
(2) Any person convicted
of computer password disclosure shall be fined not more than $5,000.00 or
incarcerated for a period not to exceed one year, or both.