CODE OF ALABAMA 1975
Copyright (c) 1977-1989 by State of Alabama. All rights reserved.
TITLE 13A. CRIMINAL CODE.
CHAPTER 8. OFFENSES INVOLVING THEFT.
ARTICLE 1. THEFT AND RELATED OFFENSES.
s 13A-8-10. Theft of services -- Definition.
(a) A person commits the CRIME of theft of services if:
(1) He intentionally obtains services known by him to be available only for
compensation by deception, threat, false token or other means to avoid
payment for the services; or
(2) Having control over the disposition of services of others to which he is
not entitled, he knowingly diverts those services to his own benefit or to
the benefit of another not entitled thereto.
(b) "Services" includes but is not necessarily limited to labor, professional
services, transportation, telephone or other public services, accommodation in
motels, hotels, restaurants or elsewhere, admission to exhibitions, COMPUTER se
rvices and the supplying of equipment for use.
(c) Where compensation for services is ordinarily paid immediately upon the
rendering of them, as in the case of motels, hotels, restaurants and the like,
absconding without payment or bona fide offer to pay is prima facie evidence
under subsection (a) that the services were obtained by deception.
(d) If services are obtained under subdivision (a) (1) from a hotel, motel,
inn, restaurant or cafe, no prosecution can be commenced after 120 days from
the time of the offense.
(Acts 1977, No. 607, p. 812, s 3210; Acts 1978, No. 770, p. 1110, s 1; Acts
1979, No. 79-471, p. 862, s 1.)
CODE OF ALABAMA 1975
Copyright (c) 1977-1989 by State of Alabama. All rights reserved.
TITLE 13A. CRIMINAL CODE.
CHAPTER 8. OFFENSES INVOLVING THEFT.
ARTICLE 5. ALABAMA COMPUTER CRIME ACT.
s 13A-8-100. Short title.
This article may be cited as the Alabama COMPUTER CRIME Act.
(Acts 1985, No. 85-383, s 1, p. 326.)
s 13A-8-101. Definitions.
When used in this chapter, the following terms shall have the following
meanings, respectively, unless a different meaning clearly appears from the
context:
(1) Data. 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 processed, is being processed, or has been
processed in a COMPUTER system or COMPUTER network, and should be classified
as intellectual property, and may be in any form, including COMPUTER
printouts, magnetic storage media, punched cards, or stored internally in the
memory of the COMPUTER.
(2) Intellectual property. Data, including COMPUTER program.
(3) COMPUTER program. An ordered set of data representing coded instructions
or statements that, when executed by a COMPUTER, cause the COMPUTER to
process data.
(4) COMPUTER. An electronic magnetic, optical or other high speed data
processing device or system which performs logical, arithmetic, and memory
functions by manipulations of electronic magnetic or optical impulses, and
includes all input, output, processing, storage, COMPUTER software, or
communication facilities which are connected or related to the COMPUTER in a
COMPUTER system or COMPUTER network.
(5) COMPUTER software. A set of COMPUTER programs, procedures, and
associated documentation concerned with the operation of a COMPUTER, COMPUTER
system or COMPUTER network.
(6) COMPUTER system. A set of related, connected or unconnected, COMPUTER
equipment, devices, or COMPUTER software.
(7) COMPUTER network. A set of related, remotely connected devices and
communication facilities, including more than one COMPUTER system, with
capability to transmit data among them through communication facilities.
(8) COMPUTER system services. The utilization of a COMPUTER, COMPUTER
system, or COMPUTER network to assist an individual or entity with the
performance of a particular lawful function which that individual or entity
has been given the right, duty, and power, together with the responsibility,
to perform.
(9) Property. Anything of value as defined by law, and includes financial
instruments, information, including electronically produced data and COMPUTER
software and COMPUTER programs in either machine or human readable form, and
any other tangible or intangible items of value.
(10) Financial instrument. Includes 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
COMPUTER system representation thereof.
(11) Access. To instruct, communicate with, store data in, or retrieve data
from a COMPUTER, COMPUTER system or COMPUTER network.
(Acts 1985, No. 85-383, s 2, p. 326.)
s 13A-8-102. Acts constituting offenses against intellectual property;
punishment.
(a) Whoever willfully, knowingly, and without authorization or without
reasonable grounds to believe that he has such authorization, attempts or
achieves access, communication, examination, or modification of data, COMPUTER
programs, or supporting documentation residing or existing internal or external
to a COMPUTER, COMPUTER system, or COMPUTER network commits an offense against
intellectual property.
(b) Whoever willfully, knowingly, and without authorization or without
reasonable grounds to believe that he has such authorization, destroys data,
COMPUTER programs, or supporting documentation residing or existing internal or
external to a COMPUTER, COMPUTER system, or COMPUTER network commits an offense
against intellectual property.
(c) Whoever willfully, knowingly, and without authorization or without
reasonable grounds to believe that he has such authorization, discloses, uses,
or takes data, COMPUTER programs, or supporting documentation residing or
existing internal or external to a COMPUTER, COMPUTER system, or COMPUTER
network commits an offense against intellectual property.
(d)(1) Except as otherwise provided in this subsection, an offense against
intellectual property is a Class A misdemeanor, punishable as provided by
law.
(2) If the offense is committed for the purpose of devising or executing any
scheme or artifice to defraud or to obtain any property, then the offender is
guilty of a Class C felony, punishable as provided by law.
(3) If the damage to such intellectual property is $2,500.00 or greater, or
if there is an interruption or impairment of governmental operation or public
communication, transportation, or supply of water, gas, or other public or
utility service, then the offender is guilty of a Class B felony, punishable
as provided by law.
(4) Whoever willfully, knowingly, and without authorization alters or
removes data causing physical injury to any person who is not involved in
said act shall be guilty of a Class A felony, punishable as provided by law.
(Acts 1985, No. 85-383, s 3, p. 326.)
s 13A-8-103. Acts constituting offense against COMPUTER equipment or supplies;
punishment.
(a)(1) Whoever willfully, knowingly, and without authorization or without
reasonable grounds to believe that he has such authorization, modifies
equipment or supplies that are used or intended to be used in a COMPUTER,
COMPUTER system, or COMPUTER network commits an offense against COMPUTER
equipment or supplies.
(2)a. Except as provided in this subsection, an offense against COMPUTER
equipment or supplies as provided in subdivision (a)(1) is a Class A
misdemeanor, punishable as provided by law.
b. If the offense is committed for the purpose of devising or executing any
scheme or artifice to defraud or to obtain any property, then the offender i
s guilty of a Class C felony, punishable as provided by law.
(b)(1) Whoever willfully, knowingly, and without authorization or without
reasonable grounds to believe that he has such authorization, destroys, uses,
takes, injures, or damages equipment or supplies used or intended to be used
in a COMPUTER, COMPUTER system, or COMPUTER network, or whoever willfully,
knowingly, and without authorization or without reasonable grounds to believe
that he has such authorization, destroys, injures, takes, or damages any
COMPUTER, COMPUTER system, or COMPUTER network commits an offense against
COMPUTER equipment and supplies.
(2)a. Except as provided in this subsection, an offense against COMPUTER
equipment or supplies as provided in subdivision (b)(1) is a Class A
misdemeanor, punishable as provided by law.
b. If the damage to such COMPUTER equipment or supplies or to the COMPUTER,
COMPUTER system, or COMPUTER network is $2,500.00 or greater, or if there is
an interruption or impairment of governmental operation or public
communication, transportation, or supply of water, gas, or other public
utility service, then the offender is guilty of a Class B felony, punishable
as provided by law.
