(a) Any person who knowingly, willfully, and without authorization, directly or indirectly, disrupts or degrades, or causes the disruption or degradation of computer services, or denies or causes the denial of computer services to an authorized recipient or user of such computer services, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $200 nor more than $1,000, or confined in the county jail not more than one year, or both.

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Terms Used In West Virginia Code 61-3C-8

  • 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 services: means computer access time, computer data processing, or computer data storage, and the computer data processed or stored in connection therewith. 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
  • 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
  • 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 and willfully:

1) Disrupts or degrades;

2) Causes the disruption or degradation; or

3) Threatens to disrupt or degrade the computer services of an authorized recipient, user or, provider of such services with the intent to obtain money or any other thing of value, is guilty of a felony and, upon conviction thereof, shall be fined not more than $1,000,000 or imprisoned in a state correctional facility not more than 20 years, or both fined and imprisoned.