California Penal Code
§ 502. Computer crimes
(a) It is the intent of the Legislature in enacting this section
to expand the degree of protection afforded to individuals, businesses,
and governmental agencies from tampering, interference, damage, and
unauthorized access to lawfully created computer data and computer
systems. The Legislature finds and declares that the proliferation of
computer technology has resulted in a concomitant proliferation of
computer crime and other forms of unauthorized access to computers,
computer systems, and computer data.
The Legislature further finds and declares that protection of the
integrity of all types and forms of lawfully created computers, computer
systems, and computer data is vital to the protection of the privacy of
individuals as well as to the well-being of financial institutions,
business concerns, governmental agencies, and others within this state
that lawfully utilize those computers, computer systems, and data.
(b) For the purposes of this section, the following terms have
the following meanings:
(1) "Access" means to gain entry to, instruct, or communicate
with the logical, arithmetical, or memory function resources of a
computer, computer system, or computer network.
(2) "Computer network" means any system that provides
communications between one or more computer systems and input/output
devices including, but not limited to, display terminals and printers
connected by telecommunication facilities.
(3) "Computer program or software" means a set of instructions
or statements, and related data, that when executed in actual or
modified form, cause a computer, computer system, or computer network to
perform specified functions.
(4) "Computer services" includes, but is not limited to,
computer time, data processing, or storage functions, or other uses of a
computer, computer system, or computer network.
(5) "Computer system" means a device or collection of devices,
including support devices and excluding calculators that are not
programmable and capable of being used in conjunction with external
files, one or more of which contain computer programs, electronic
instructions, input data, and output data, that performs functions
including, but not limited to, logic, arithmetic, data storage and
retrieval, communication, and control.
(6) "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.
(7) "Supporting documentation" includes, but is not limited to,
all information, in any form, pertaining to the design, construction,
classification, implementation, use, or modification of a computer,
computer system, computer network, computer program, or computer
software, which information is not generally available to the public and
is necessary for the operation of a computer, computer system, computer
network, computer program, or computer software.
(8) "Injury" means any alteration, deletion, damage, or
destruction of a computer system, computer network, computer program, or
data caused by the access, or the denial of access to legitimate users
of a computer system, network, or program.
(9) "Victim expenditure" means any expenditure reasonably and
necessarily incurred by the owner or lessee to verify that a computer
system, computer network, computer program, or data was or was not
altered, deleted, damaged, or destroyed by the access.
(10) "Computer contaminant" means any set of computer
instructions that are designed to modify, damage, destroy, record, or
transmit information within a computer, computer system, or computer
network without the intent or permission of the owner of the
information. They include, but are not limited to, a group of computer
instructions commonly called viruses or worms, that are self-replicating
or self-propagating and are designed to contaminate other computer
programs or computer data, consume computer resources, modify, destroy,
record, or transmit data, or in some other fashion usurp the normal
operation of the computer, computer system, or computer network.
(11) "Internet domain name" means a globally unique,
hierarchical reference to an Internet host or service, assigned through
centralized Internet naming authorities, comprising a series of
character strings separated by periods, with the rightmost character
string specifying the top of the hierarchy.
(c) Except as provided in subdivision (h), any person who commits
any of the following acts is guilty of a public offense:
(1) Knowingly accesses and without permission alters, damages,
deletes, destroys, or otherwise uses any data, computer, computer
system, or computer network in order to either (A) devise or execute any
scheme or artifice to defraud, deceive, or extort, or (B) wrongfully
control or obtain money, property, or data.
(2) Knowingly accesses and without permission takes, copies, or
makes use of any data from a computer, computer system, or computer
network, or takes or copies any supporting documentation, whether
existing or residing internal or external to a computer, computer
system, or computer network.
(3) Knowingly and without permission uses or causes to be used
computer services.
(4) Knowingly accesses and without permission adds, alters,
damages, deletes, or destroys any data, computer software, or computer
programs which reside or exist internal or external to a computer,
computer system, or computer network.
(5) Knowingly and without permission disrupts or causes the
disruption of computer services or denies or causes the denial of
computer services to an authorized user of a computer, computer system,
or computer network.
(6) Knowingly and without permission provides or assists in
providing a means of accessing a computer, computer system, or computer
network in violation of this section.
(7) Knowingly and without permission accesses or causes to be
accessed any computer, computer system, or computer network.
(8) Knowingly introduces any computer contaminant into any
computer, computer system, or computer network.
(9) Knowingly and without permission uses the Internet domain
name of another individual, corporation, or entity in connection with
the sending of one or more electronic mail messages, and thereby damages
or causes damage to a computer, computer system, or computer network.
(d)
(1) Any person who violates any of the provisions of paragraph
(1), (2), (4), or (5) of subdivision (c) is punishable by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison for 16 months, or two or three years, or by both that fine
and imprisonment, or by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one year, or
by both that fine and imprisonment.
(2) Any person who violates paragraph (3) of subdivision (c) is
punishable as follows:
(A) For the first violation that does not result in injury,
and where the value of the computer services used does not exceed four
hundred dollars ($400), by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one year, or
by both that fine and imprisonment.
(B) For any violation that results in a victim expenditure in
an amount greater than five thousand dollars ($5,000) or in an injury,
or if the value of the computer services used exceeds four hundred
dollars ($400), or for any second or subsequent violation, by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison for 16 months, or two or three years, or by both that fine
and imprisonment, or by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one year, or
by both that fine and imprisonment.
(3) Any person who violates paragraph (6) or (7) of subdivision
(c) is punishable as follows:
(A) For a first violation that does not result in injury, an
infraction punishable by a fine not exceeding one thousand dollars
($1,000).
(B) For any violation that results in a victim expenditure in
an amount not greater than five thousand dollars ($5,000), or for a
second or subsequent violation, by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment in a county jail not exceeding one
year, or by both that fine and imprisonment.
(C) For any violation that results in a victim expenditure in
an amount greater than five thousand dollars ($5,000), by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison for 16 months, or two or three years, or by both that fine
and imprisonment, or by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one year, or
by both that fine and imprisonment.
(4) Any person who violates paragraph (8) of subdivision (c) is
punishable as follows:
(A) For a first violation that does not result in injury, a
misdemeanor punishable by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one year, or
by both that fine and imprisonment.
(B) For any violation that results in injury, or for a second
or subsequent violation, by a fine not exceeding ten thousand dollars
($10,000), or by imprisonment in a county jail not exceeding one year,
or in the state prison, or by both that fine and imprisonment.
(5) Any person who violates paragraph (9) of subdivision (c) is
punishable as follows:
(A) For a first violation that does not result in injury, an
infraction punishable by a fine not one thousand dollars.
(B) For any violation that results in injury, or for a second
or subsequent violation, by a fine not exceeding five thousand dollars
($5,000), or by imprisonment in a county jail not exceeding one year, or
by both that fine and imprisonment.
(e)
(1) In addition to any other civil remedy available, the owner
or lessee of the computer, computer system, computer network, computer
program, or data who suffers damage or loss by reason of a violation of
any of the provisions of subdivision (c) may bring a civil action
against the violator for compensatory damages and injunctive relief or
other equitable relief. Compensatory damages shall include any
expenditure reasonably and necessarily incurred by the owner or lessee
to verify that a computer system, computer network, computer program, or
data was or was not altered, damaged, or deleted by the access. For the
purposes of actions authorized by this subdivision, the conduct of an
unemancipated minor shall be imputed to the parent or legal guardian
having control or custody of the minor, pursuant to the provisions of
Section 1714.1 of the Civil Code.
(2) In any action brought pursuant to this subdivision the court
may award reasonable attorney's fees.
(3) A community college, state university, or academic
institution accredited in this state is required to include
computer-related crimes as a specific violation of college or university
student conduct policies and regulations that may subject a student to
disciplinary sanctions up to and including dismissal from the academic
institution. This paragraph shall not apply to the University of
California unless the Board of Regents adopts a resolution to that
effect.
(4) In any action brought pursuant to this subdivision for a
willful violation of the provisions of subdivision (c), where it is
proved by clear and convincing evidence that a defendant has been guilty
of oppression, fraud, or malice as defined in subdivision (c) of
, the court may additionally award
punitive or exemplary damages.
(5) No action may be brought pursuant to this subdivision unless
it is initiated within three years of the date of the act complained of,
or the date of the discovery of the damage, whichever is later.
(f) This section shall not be construed to preclude the
applicability of any other provision of the criminal law of this state
which applies or may apply to any transaction, nor shall it make illegal
any employee labor relations activities that are within the scope and
protection of state or federal labor laws.
(g) Any computer, computer system, computer network, or any
software or data, owned by the defendant, that is used during the
commission of any public offense described in subdivision (c) or any
computer, owned by the defendant, which is used as a repository for the
storage of software or data illegally obtained in violation of
subdivision (c) shall be subject to forfeiture, as specified in Section
502.01.
(h)
(1) Subdivision (c) does not apply to punish any acts which are
committed by a person within the scope of his or her lawful employment.
For purposes of this section, a person acts within the scope of his or
her employment when he or she performs acts which are reasonably
necessary to the performance of his or her work assignment.
(2) Paragraph (3) of subdivision (c) does not apply to penalize
any acts committed by a person acting outside of his or her lawful
employment, provided that the employee's activities do not cause an
injury, as defined in paragraph (8) of subdivision (b), to the employer
or another, or provided that the value of supplies or computer services,
as defined in paragraph (4) of subdivision (b), which are used does not
exceed an accumulated total of one hundred dollars ($100).
(i) No activity exempted from prosecution under paragraph (2) of
subdivision (h) which incidentally violates paragraph (2), (4), or (7)
of subdivision (c) shall be prosecuted under those paragraphs.
(j) For purposes of bringing a civil or a criminal action under
this section, a person who causes, by any means, the access of a
computer, computer system, or computer network in one jurisdiction from
another jurisdiction is deemed to have personally accessed the computer,
computer system, or computer network in each jurisdiction.
(k) In determining the terms and conditions applicable to a
person convicted of a violation of this section the court shall consider
the following:
(1) The court shall consider prohibitions on access to and use
of computers.
(2) Except as otherwise required by law, the court shall
consider alternate sentencing, including community service, if the
defendant shows remorse and recognition of the wrongdoing, and an
inclination not to repeat the offense.