Tennessee Legislation
PUBLIC CHAPTER NO. 445 By Jordan Substituted for: House Bill No. 370 By Halteman Harwell
AN ACT To amend Tennessee Code Annotated, Title 39, Chapter 14, part 6, relative to computer offenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Sections 39-14-601 and 39-14-602, are amended by deleting such sections in their entirety and substituting instead the following: SECTION 39-14-601. The following definitions apply in this part, unless the context otherwise requires:
(1) "Access" means to approach, instruct, communicate or connect with, store data in, retrieve or intercept data from, or otherwise make use of any resources of a computer, computer system or computer network, or information exchange from any communication between computers or authorized computer users and electronic, electromagnetic, electrochemical, acoustic, mechanical or other means;
(2) "Computer" means a device or collection of devices, including its support devices or peripheral equipment or facilities, and the communication systems connected to it which can perform functions including. but not limited to, substantial computation, arithmetic or logical operations, information storage or retrieval operations, capable of being used with external files, one or more operations which contain computer programs, electronic instructions, allows for the input of data, and output data (such operations or communications can occur with or without intervention by a human operator during the processing of a job);
(3) "Computer network" means a set of two (2) or more computer systems that transmit data over communication circuits connecting them, and input/output devices including, but not limited to, display terminals and printers, which may also be connected to telecommunication facilities;
(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, computer system or computer network whether imprinted or embodied in the computer in any manner or separate from it, including the supporting materials for the software and accompanying documentation;
(6) "Computer system" means a set of connected devices including a computer and other devices including, but not limited to, one (1) or more of the following: data input, output, or storage devices, data communication circuits, and operating system computer programs that make the system capable of performing data processing tasks;
(7) "Data" means the representation of information, knowledge, facts, concepts, or instructions which is being prepared or has been prepared in a formalized manner, and is intended to be stored or processed, or is being stored or processed, or has been stored or processed, in a computer, computer system or computer network;
(8) "Financial instrument" means a check, cashier's check, draft, warrant, money order, certificate of deposit, negotiable instrument, letter of credit, bill of exchange, credit card, debit card, marketable security, or any computer system representation thereof;
(9) "Intellectual property" means data, which may be in any form including, but not limited to, computer printouts, magnetic storage media, punched cards, or may be stored internally in the memory of a computer;
(10) "To process" means to use a computer to put data through a systematic sequence of operations for the purpose of producing a specified result;
(11) "Property" means, but is not limited to, intellectual property, financial instruments, data, computer systems and computer programs, all in machine- readable or human-readable form, and any tangible or intangible item of value;
(12) "Services" means, but is not limited to, computer time, data processing, or data storage functions, the use of a computer, a computer system, a computer network, computer software, computer program or data to perform tasks;
(13) "Input" means data, facts, concepts or instructions in a form appropriate for delivery to, or interpretation or processing by, a computer;
(14) "Output" means data, facts, concepts or instructions produced or retrieved by computers from computers or computer memory storage devices;
(15) "Computer contaminants" means any set of computer instructions that are designed to modify or
in any way alter, damage, destroy, or disrupt the proper operation of a computer system, or computer
network without the intent or permission of the owner of the information. They include, but are not
limited to, a group of computer instructions commonly called viruses or worms, which are
self-replicating or self-propagating and are designed to contaminate other computer programs or
computer data, consume computer resources, modify, destroy, record or transmit data, or in some other
fashion usurp the normal operation of the computer, computer system, or computer network. Such
contaminants may include:
(A) "Virus", meaning a migrating program which, at least, attaches itself to the operating system
of any computer it enters and can infect any other computer that has access to an "infected" computer.
(B) "Worm", meaning a computer program or virus that spreads and multiplies, eventually causing a computer \
to "crash" or cease functioning, but does not attach itself to the operating system of the computer
it "infects"; and
(16) "System hacker" means any person who knowingly accesses and without permission alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network.
Section 39-14-602.
(a) Whoever knowingly, directly or indirectly, accesses, causes to be accessed, or attempts to access any telephone system, telecommunications facility, computer software, computer program, data, computer, computer system, computer network, or any part thereof, for the purpose of:
(1) Obtaining money, property, or services for himself or another by means of false or fraudulent pretenses, representations, or promises violates this subsection and is subject to the penalties of section 39- 14-105;
(2) Causing computer output to purposely be false, for, but not limited to, the purpose of obtaining money, property, or services for himself or another by means of false or fraudulent pretenses, representations, or promises violates this subsection and is subject to the penalties of Section 39-14-105.
(b) Whoever intentionally and without authorization, directly or indirectly:
(1) Accesses any computer, computer system, or computer network, is guilty of a Class C misdemeanor;
(2) Alters, damages, destroys, or attempts to damage or destroy, or cause the disruption to the proper operation of any computer, or who performs an act which is responsible for the disruption of any computer, computer system, computer network, computer software, program or data which resides or exists internal or external to a computer, computer system, or computer network, is punishable as in Section 39-14-105;
(3) Introduces or is responsible for the input of any computer contaminant into any computer, computer system, or computer network, is guilty of a Class B misdemeanor; or
(4) Access, causes to be accessed, or attempts to access any computer software, computer program, data, computer, computer system, computer network, or any part thereof, for the purpose of gaining access to computer material or to tamper with computer security devices, including, but not limited to system hackers, is guilty of a Class A misdemeanor.
(c) Whoever receives, conceals, uses, or aids another in receiving, concealing or using any proceeds resulting from a violation of either subsection
(a) or subdivision
(b) (2), knowing the same to be proceeds of such violation, or whoever receives, conceals, uses, or aids another in receiving, concealing or using any books, records, documents, property, financial instrument, computer software, program, or other material, property, or objects, knowing the same to have been used in violating either subsection
(a) or subdivision
(b) (2) is subject to the penalties of Section 39-14-105.
SECTION 2. This act shall take effect July 1, 1993, the public welfare requiring it.
PASSED: May 10, 1993
John Wilder
(signature) John S. Wilder, Speaker of the Senate
Jimmy Naifeh
(signature) Jimmy Naifeh, Speaker House of Representatives APPROVED this 19th day of May 1993
Ned McWherter
(signature) Ned McWherter, Governor
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Last updated on May 3, 1999