61-3C-1 Short title
61-3C-2 Legislative findings
61-3C-3 Definitions
61-3C-4 Computer fraud; access to Legislature computer; criminal penalties
61-3C-5 Unauthorized access to computer services
61-3C-6 Unauthorized possession of computer data or programs
61-3C-7 Alteration, destruction, etc., of computer equipment
61-3C-8 Disruption of computer services
61-3C-9 Unauthorized possession of computer information, etc
61-3C-10 Disclosure of computer security information
61-3C-11 Obtaining confidential public information
61-3C-12 Computer invasion of privacy
61-3C-13 Fraud and related activity in connection with access devices
61-3C-14 Endangering public safety
61-3C-14a Obscene, anonymous, harassing and threatening communications by computer, cell phones and electronic communication devices; penalty
61-3C-14b Soliciting, etc. a minor via computer; soliciting a minor and traveling to engage the minor in prohibited sexual activity; penalties
61-3C-14c Cyberbullying or specific acts of electronic harassment of minors; definitions; penalties; exceptions
61-3C-15 Computer as instrument of forgery
61-3C-16 Civil relief; damages
61-3C-17 Defenses to criminal prosecution
61-3C-18 Venue
61-3C-19 Prosecution under other criminal statutes not prohibited
61-3C-20 Personal jurisdiction
61-3C-21 Severability

Terms Used In West Virginia Code > Chapter 61 > Article 3C

  • 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
  • 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.
  • 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 contaminant: means any set of computer instructions that are designed to damage or destroy information within a computer, computer system or computer network without the consent or permission of the owner of the information. 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 resources: includes , but is not limited to, information retrieval. 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
  • 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
  • Computer supplies: means punch cards, paper tape, magnetic tape, magnetic disks or diskettes, optical disks or diskettes, disk or diskette packs, paper, microfilm and any other tangible input, output or storage medium used in connection with a computer, computer network, computer data, computer software or computer program. See West Virginia Code 61-3C-3
  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Financial instrument: includes , but is not limited to, any 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
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • in writing: include any representation of words, letters or figures, whether by printing, engraving, writing or otherwise. See West Virginia Code 2-2-10
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • 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.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • offense: includes every act or omission for which a fine, forfeiture or punishment is imposed by law. See West Virginia Code 2-2-10
  • 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
  • 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: 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
  • personal property: include goods, chattels, real and personal, money, credits, investments and the evidences thereof. See West Virginia Code 2-2-10
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: includes :

    (1) Real property. See West Virginia Code 61-3C-3

  • real property: include lands, tenements and hereditaments, all rights thereto and interests therein except chattel interests. See West Virginia Code 2-2-10
  • 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
  • Statute: A law passed by a legislature.
  • Value: means having any potential to provide any direct or indirect gain or advantage to any person. See West Virginia Code 61-3C-3
  • Venue: The geographical location in which a case is tried.