The Kentucky Computer Crime law
follows. This statute was enacted in 1984. */
SECTION 434.840
Unlawful access to a Computer
434.840. Definitions.-- For the purposes of KRS 434.845 and
434.850, the following words (including any form of the word) and
terms shall have the following meanings:
(1) "Access" means to approach, instruct, communicate with, store
data in, retrieve or intercept data from, or otherwise make use
of any resources of, a computer, computer system or computer
network;
(2) "Computer" means a device that can perform substantial
computation, including numerous arithmetic or logic operations,
without intervention by a human operator during the processing of
a job;
(3) "Computer network" means a set off two or more computer
systems that transmit data over communication circuits connecting
them;
(4) "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;
(5) "Computer software" means a set of computer programs,
procedures and associated documentation concerned with the
operation of a computer, computer system or computer network;
(6) "Computer system" means a set of connected devices and other
devices including, but not limited to, one or more of the
following: data input, output, or storage devices, data
communication circuits, and operating system computer programs
that make the system capable of performing data processing tasks;
(7) "Data" is a representation of information, knowledge, facts,
concepts, or instructions which are being prepared or have been
prepared in a formalized manner, and is intended to be stored or
processed, or is being stored or processed, or has been stored or
processed, in a computer, computer systems or computer network;
(8) "Financial instruments" includes, but is not limited to, any
check, draft, warrant, money order, certificate of deposit,
negotiable instrument, letter of credit, bill of exchange, credit
card, debit card or marketable security, or any computer system
representation thereof;
(9) "Intellectual property" includes data, which may be in any
form including, but not limited to, computer printouts, magnetic
storage media, punched cards, or may be stored internally in the
memory of a computer;
(10) "To process" is to use a computer to put data through a
systematic sequence of operations for the purpose of producing a
specified result;
(11) "Property" includes, but is not limited to, intellectual
property, financial instruments, data, computer programs,
documentation associated with data, computers, computer systems
and computer programs, all in machine-readable or human-readable
form, and any other tangible or intangible item of value; and
(12) "Services" includes, but is not limited to, the use of a
computer, a computer system, a computer network, computer
software, computer program, or data to perform tasks.
434.845. Unlawful access to a computer in the first degree.- (1)
A person is guilty of unlawful access to a computer in the first
degree when he knowingly and willfully, directly or indirectly
accesses, causes to be accessed, or attempts to access any
computer software, computer program, data, computer, computer
system, computer network, or any part thereof, for the purpose
of:
(a) Devising or executing any scheme or artifice to defraud; or
(b) Obtaining money, property or services for themselves or
another by means of false or fraudulent pretenses,
representations or promises; or
(c) Altering, damaging, destroying, or attempting to alter,
damage, or destroy, any computer, computer system, or computer
network, or any computer software, program or data.
(2) Accessing, attempting to access, or causing to be accessed
any computer software, computer program, data, computer, computer
system, computer network, or any part thereof, even though fraud,
false or fraudulent pretenses, representations, or promises may
have been involved in the access or attempt to access shall not
constitute a violation of this section if the sole purpose of the
access was to obtain information and not to commit any other act
proscribed by this section.
(3) Unlawful access to a computer in the first degree is a Class
C felony.
434.850. Unlawful access to computer in the second degree. - (1) A
person is guilty of unlawful access to a computer in the second
degree when he without authorization knowingly and willfully,
directly or indirectly access, causes to be accessed, or attempts
to access any computer software, computer program, data,
computer, computer system, computer network, or any part thereof.
(2) Unlawful access to a computer in the second degree is a Class
A misdemeanor.
434.855. Misuses of computer information.- (1) A person is guilty
of misuse of computer information when he:
(a) Receives, conceals, or uses, or aid another in doing so, any
process of a violation of KRS 434.845; or
(b) Receives, conceals, or uses or aids another in doing so, any
books, records, documents, property, financial instrument,
computer software, computer program, or other material, property,
or objects, knowing the same to have been used in or obtained
from a violation of KRS 434.845.
(2) Misuses of computer information is a Class C felony.
434.860. Venue. - For the purpose of venue under the provisions
of KRS 434.845, 434.850 or 434.855, any violation of KRS 434.845,
434.850 or 434.855, shall be considered to have been committed:
in any county in which any act was performed in furtherance of
any transaction violating KRS 434.845, 434.850 or 434.855; in any
county in which any violator or of any books, records, documents,
property, financial instrument, computer software, computer
program or other material, objects or items which were used in
furtherance of said violation; and in any county from which, to
which or through which any access to a computer, computer system,
or computer network was made whether by wires, electromagnetic
waves, microwaves or any other means of communications.
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