1989 OREGON REVISED STATUTES
        COPR. (c) 1989 by STATE OF OREGON Legislative Counsel Committee
                       TITLE 16. CRIMES AND PUNISHMENTS
                    CHAPTER 164. OFFENSES AGAINST PROPERTY
                    CRIMINAL MISCHIEF AND RELATED OFFENSES

164.377.  COMPUTER CRIME.

  (1) As used in this section:
  (a) To "access" means to instruct, communicate with, store data in, retrieve
data from or otherwise make use of any resources of a COMPUTER, COMPUTER system
or COMPUTER network.
  (b) "COMPUTER" means, but is not limited to, an electronic device which
performs logical, arithmetic or memory functions by the manipulations of
electronic, magnetic or optical signals or impulses, and includes all input,
output, processing, storage, software or communication facilities which are
connected or related to such a device in a system or network.
  (c) "COMPUTER network" means, but is not limited to, the interconnection of
communication lines, including microwave or other means of electronic
communication, with a COMPUTER through remote terminals or a complex consisting
of two or more interconnected COMPUTERS.
  (d) "COMPUTER program" means, but is not limited to, a series of instructions
or statements, in a form acceptable to a COMPUTER, which permits the
functioning of a COMPUTER system in a manner designed to provide appropriate
products from or usage of such COMPUTER system.
  (e) "COMPUTER software" means, but is not limited to, COMPUTER programs,
procedures and associated documentation concerned with the operation of a
COMPUTER system.
  (f) "COMPUTER system" means, but is not limited to, a set of related,
connected or unconnected, COMPUTER equipment, devices and software.
  (g) "Data" means a representation of information, knowledge, facts, concepts,
COMPUTER software, COMPUTER programs or instructions. "Data" may be in any
form, in storage media, or as stored in the memory of the COMPUTER, or in
transit, or presented on a display device. "Data" includes, but is not limited
to, COMPUTER or human readable forms of numbers, text, stored voice, graphics
and images.
  (h) "Property" includes, but is not limited to, financial instruments,
information, including electronically produced data, and COMPUTER software and
programs in either COMPUTER or human readable form, intellectual property and
any other tangible or intangible item of value.
  (i) "Proprietary information" includes any scientific, technical or
commercial information including any design, process, procedure, list of
customers, list of suppliers, customers' records or business code or
improvement thereof that is known only to limited individuals within an
organization and is used in a business that the organization conducts. The
information must have actual or potential commercial value and give the user of
the information an opportunity to obtain a business advantage over competitors
who do not know or use the information.
  (j) "Services" include, but are not limited to, COMPUTER time, data
processing and storage functions.
  (2) Any person commits COMPUTER CRIME who knowingly accesses, attempts to
access or uses, or attempts to use, any COMPUTER, COMPUTER system, COMPUTER
network or any part thereof for the purpose of:
  (a) Devising or executing any scheme or artifice to defraud;
  (b) Obtaining money, property or services by means of false or fraudulent
pretenses, representations or promises; or
  (c) Committing theft, including, but not limited to, theft of proprietary
information.
  (3) Any person who knowingly and without authorization alters, damages or
destroys any COMPUTER, COMPUTER system, COMPUTER network, or any COMPUTER
software, program, documentation or data contained in such COMPUTER, COMPUTER
system or COMPUTER network, commits COMPUTER CRIME.
  (4) Any person who knowingly and without authorization uses, accesses or
attempts to access any COMPUTER, COMPUTER system, COMPUTER network, or any
COMPUTER software, program, documentation or data contained in such COMPUTER,
COMPUTER system or COMPUTER network, commits COMPUTER CRIME.
  (5) A violation of the provisions of subsection (2) or (3) of this section
shall be a Class C felony. A violation of the provisions of subsection (4) of
this section shall be a Class A misdemeanor.

(1985 c.537 s 8; 1989 c.737 s 1)

  <For additional materials concerning this section, if any, see Historical
Note>

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