§ 14-453 Definitions
§ 14-453.1 Exceptions
§ 14-453.2 Jurisdiction
§ 14-454 Accessing computers
§ 14-454.1 Accessing government computers
§ 14-455 Damaging computers, computer programs, computer systems, computer networks, and resources
§ 14-456 Denial of computer services to an authorized user
§ 14-456.1 Denial of government computer services to an authorized user
§ 14-457 Extortion
§ 14-458 Computer trespass; penalty
§ 14-458.1 Cyber-bullying; penalty
§ 14-458.2 Cyber-bullying of school employee by student; penalty

Terms Used In North Carolina General Statutes > Chapter 14 > Article 60

  • Access: means to instruct, communicate with, cause input, cause output, cause data processing, or otherwise make use of any resources of a computer, computer system, or computer network. See North Carolina General Statutes 14-453
  • active ingredient: means

    a. See North Carolina General Statutes 143-460

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Authorization: means having the consent or permission of the owner, or of the person licensed or authorized by the owner to grant consent or permission to access a computer, computer system, or computer network in a manner not exceeding the consent or permission. See North Carolina General Statutes 14-453
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the North Carolina Pesticide Board. See North Carolina General Statutes 143-460
  • Commercial electronic mail: means messages sent and received electronically consisting of commercial advertising material, the principal purpose of which is to promote the for-profit sale or lease of goods or services to the recipient. See North Carolina General Statutes 14-453
  • Commissioner: means the North Carolina Commissioner of Agriculture. See North Carolina General Statutes 143-460
  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Computer: means an internally programmed, automatic device that performs data processing or telephone switching. See North Carolina General Statutes 14-453
  • Computer network: means the interconnection of communication systems with a computer through remote terminals, or a complex consisting of two or more interconnected computers or telephone switching equipment. See North Carolina General Statutes 14-453
  • 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. See North Carolina General Statutes 14-453
  • Computer software: means a set of computer programs, procedures and associated documentation concerned with the operation of a computer, computer system, or computer network. See North Carolina General Statutes 14-453
  • Computer system: means at least one computer together with a set of related, connected, or unconnected peripheral devices. See North Carolina General Statutes 14-453
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Data: means a representation of information, facts, knowledge, concepts, or instructions prepared in a formalized or other manner and intended for use in a computer, computer system, or computer network. See North Carolina General Statutes 14-453
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • defoliant: means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. See North Carolina General Statutes 143-460
  • desiccant: means any substance or mixture of substances intended for artificially accelerating the drying of plant tissues. See North Carolina General Statutes 143-460
  • device: means any instrument or contrivance intended for trapping, destroying, repelling, or mitigating insects or rodents or destroying, repelling, or mitigating fungi, weeds, nematodes, or such other pests as may be designated by the Board, but not including equipment used for the application of pesticides when sold separately therefrom. See North Carolina General Statutes 143-460
  • Disabled: A person with a disability as defined in G. See North Carolina General Statutes 143-128.4
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Donor: The person who makes a gift.
  • Electronic mail: means the same as the term is defined in G. See North Carolina General Statutes 14-453
  • Electronic mail service provider: means any person who (i) is an intermediary in sending or receiving electronic mail and (ii) provides to end users of electronic mail services the ability to send or receive electronic mail. See North Carolina General Statutes 14-453
  • Equipment: means any type of ground, water or aerial equipment, device, or contrivance using motorized, mechanical or pressurized power and used to apply any pesticide on land and anything that may be growing, habitating or stored on or in such land, but shall not include any pressurized hand-sized household device used to apply any pesticide or any equipment, device or contrivance of which the person who is applying the pesticide is the source of power or energy in making such pesticide application. See North Carolina General Statutes 143-460
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Felony: A crime carrying a penalty of more than a year in prison.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Fraud: Intentional deception resulting in injury to another.
  • fungicide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungi. See North Carolina General Statutes 143-460
  • fungus: means any non-chlorophyll-bearing thallophyte (that is any non-chlorophyll-bearing plant of a lower order than mosses and liverworts), as for example, rust, smut, mildew, mold, yeast, and bacteria, except those on or in living man or other animals and those on or in processed food, beverages, or pharmaceuticals. See North Carolina General Statutes 143-460
  • Government computer: means any computer, computer program, computer system, computer network, or any part thereof, that is owned, operated, or used by any State or local governmental entity. See North Carolina General Statutes 14-453
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • herbicide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed. See North Carolina General Statutes 143-460
  • in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • ingredient statement: means

    a. See North Carolina General Statutes 143-460

  • insect: means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs, wasps, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as, for example, spiders, mites, ticks, centipedes, and wood lice. See North Carolina General Statutes 143-460
  • insecticide: means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects which may be present in any environment whatsoever. See North Carolina General Statutes 143-460
  • Internet chat room: means a computer service allowing two or more users to communicate with each other in real time. See North Carolina General Statutes 14-453
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • label: means the written, printed, or graphic matter on, or attached to, the pesticide (or device) or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the pesticide (or device). See North Carolina General Statutes 143-460
  • labeling: means all labels and other written, printed, or graphic matter:

    a. See North Carolina General Statutes 143-460

  • Land: means all land and water areas, including airspace, and all plants, animals, structures, buildings, devices and contrivances, appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation. See North Carolina General Statutes 143-460
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Manufacturer: includes any person engaged in the business of importing, producing, preparing, formulating, mixing, or processing pesticides. See North Carolina General Statutes 143-460
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • nematicide: means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating nematodes. See North Carolina General Statutes 143-460
  • nematode: means invertebrate animals of the phylum nemathelminthes and class Nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants or plant parts; may also be called nemas or eelworms. See North Carolina General Statutes 143-460
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: is a ny person, including (but not limited to) an individual, firm, partnership, association, company, joint-stock association, public or private institution, municipality or county or local government unit (as defined in G. See North Carolina General Statutes 143-460
  • personal property: shall include moneys, goods, chattels, choses in action and evidences of debt, including all things capable of ownership, not descendable to heirs at law. See North Carolina General Statutes 12-3
  • pest: means any insect, rodent, nematode, fungus, weed or any other noxious or undesirable microorganism or macroorganism, except viruses, bacteria, or other microorganisms on or in living persons or other living animals. See North Carolina General Statutes 143-460
  • pesticide: means :

    a. See North Carolina General Statutes 143-460

  • Pesticide applicator: means any person who owns or operates a pesticide application business or who provides, for compensation, a service that includes the application of pesticides upon the lands or properties of another; any public operator; any golf course operator; any seed treater; any person engaged in demonstration or research pest control; and any other person who applies pesticides for compensation and is not exempt from this definition. See North Carolina General Statutes 143-460
  • pesticide dealer: means any person who is engaged in the business of distributing, selling, offering for sale, or holding for sale restricted use pesticides for distribution directly to users. See North Carolina General Statutes 143-460
  • plant regulator: means any substance or mixture of substances, intended through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. See North Carolina General Statutes 143-460
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Profile: means (i) a configuration of user data required by a computer so that the user may access programs or services and have the desired functionality on that computer or (ii) a Web site user's personal page or section of a page made up of data, in text or graphical form, which displays significant, unique, or identifying information, including, but not limited to, listing acquaintances, interests, associations, activities, or personal statements. See North Carolina General Statutes 14-453
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3
  • Property: includes financial instruments, information, including electronically processed or produced data, and computer software and computer programs in either machine or human readable form, and any other tangible or intangible item of value. See North Carolina General Statutes 14-453
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public operator: means any person in charge of any equipment used by public utilities (as defined by General Statutes Chapter 62), State agencies, municipal corporations, or other governmental agencies applying pesticides. See North Carolina General Statutes 143-460
  • Quorum: The number of legislators that must be present to do business.
  • receiving: means acquiring possession or control or accepting a financial transaction card as security for a loan. See North Carolina General Statutes 14-113.8
  • registrant: means the person registering any pesticide pursuant to the provisions of this Article. See North Carolina General Statutes 143-460
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • seal: shall be construed to include an impression of such official seal, made upon the paper alone, as well as an impression made by means of a wafer or of wax affixed thereto. See North Carolina General Statutes 12-3
  • Services: includes computer time, data processing and storage functions. See North Carolina General Statutes 14-453
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • to use any pesticide in a manner inconsistent with its labeling: means to use any pesticide in a manner not permitted by the labeling; provided that the phrase shall not include:

    a. See North Carolina General Statutes 143-460

  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
  • Unsolicited: means not addressed to a recipient with whom the initiator has an existing business or personal relationship and not sent at the request of, or with the express consent of, the recipient. See North Carolina General Statutes 14-453
  • weed: means any plant or part thereof which grows where not wanted. See North Carolina General Statutes 143-460
  • Wildlife: means all living things that are neither human, domesticated, nor, as defined in this Article, pests; including but not limited to mammals, birds, and aquatic life. See North Carolina General Statutes 143-460