West Virginia Code 61-3C-18 – Venue
For the purpose of criminal and civil venue under this article, any violation of this article shall be considered to have been committed:
Terms Used In West Virginia Code 61-3C-18
- Access: means to instruct, communicate with, store data in, retrieve data from, intercept data from, or otherwise make use of any computer, computer network, computer program, computer software, computer data, or other computer resources. See West Virginia Code 61-3C-3
- computer: includes any connected or directly related device, equipment, or facility which enables the computer to store, retrieve, or communicate computer programs, computer data, or the results of computer operations to or from a person, another computer, or another device, file servers, mainframe systems, desktop personal computers, laptop personal computers, tablet personal computers, cellular telephones, game consoles, and any other electronic data storage device or equipment, but such term does not include an automated typewriter or typesetter, a portable hand-held calculator, or other similar device. See West Virginia Code 61-3C-3
- Computer data: means any representation of knowledge, facts, concepts, instruction, or other information computed, classified, processed, transmitted, received, retrieved, originated, stored, manifested, measured, detected, recorded, reproduced, handled, or utilized by a computer, computer network, computer program, or computer software, and may be in any medium, including, but not limited to, computer printouts, microfilm, microfiche, magnetic storage media, optical storage media, punch paper tape, or punch cards, or it may be stored internally in read-only memory or random access memory of a computer or any other peripheral device. See West Virginia Code 61-3C-3
- Computer network: means a set of connected devices and communication facilities, including more than one computer, with the capability to transmit computer data among them through such communication facilities. See West Virginia Code 61-3C-3
- Computer program: means an ordered set of computer data representing instructions or statements, in a form readable by a computer, which controls, directs, or otherwise influences the functioning of a computer or computer network. See West Virginia Code 61-3C-3
- Computer software: means a set of computer programs, procedures, and associated documentation concerned with computer data or with the operation of a computer, computer program, or computer network. See West Virginia Code 61-3C-3
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Financial instrument: includes , but is not limited to, a check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security, or any computerized representation thereof. See West Virginia Code 61-3C-3
- Owner: means any person who owns or leases or is a licensee of a computer, computer network, computer data, computer program, computer software, computer resources, or computer supplies. See West Virginia Code 61-3C-3
- Property: includes :
(A) Real property. See West Virginia Code 61-3C-3
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Venue: The geographical location in which a case is tried.
(1) In any county in which any act was performed in furtherance of any course of conduct which violates this article;
(2) In the county of the principal place of business in this state of the aggrieved owner of the computer, computer data, computer program, computer software or computer network, or any part thereof;
(3) In any county in which any violator had control or possession of any proceeds of the violation or any books, records, documentation, property, financial instrument, computer data, computer software, computer program, or other material or objects which were used in furtherance of or obtained as a result of the violation;
(4) In any county from which, to which, or through which any access to a computer or computer network was made, whether by wires, electromagnetic waves, microwaves or any other means of communication; and
(5) In the county in which the aggrieved owner or the defendant resides or either of them maintains a place of business.