West Virginia Code 61-3C-6 – Unauthorized possession of computer data or programs
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(a) Any person who knowingly, willfully and without authorization possesses any computer data or computer program belonging to another and having a value of $5,000 or more shall be guilty of a felony, and, upon conviction thereof, shall be fined not more than $10,000 or imprisoned in the penitentiary for not more than ten years, or both.
Terms Used In West Virginia Code 61-3C-6
- Authorization: means the express or implied consent given by a person to another to access or use said person's computer, computer network, computer program, computer software, computer system, password, identifying code, or personal identification number. 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 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
- Conviction: A judgement of guilt against a criminal defendant.
- Person: means any natural person, general partnership, limited partnership, trust, association, corporation, joint venture, or any state, county, or municipal government and any subdivision, branch, department, or agency thereof. See West Virginia Code 61-3C-3
- Value: means having any potential to provide any direct or indirect gain or advantage to any person. See West Virginia Code 61-3C-3
(b) Any person who knowingly, willfully and without authorization possesses any computer data or computer program belonging to another and having a value of less than $5,000 shall be guilty of a misdemeanor, and, upon conviction thereof shall be fined not more than $1,000 or confined in the county jail for not more than one year, or both.