CHAPTER 422

FORMERLY

HOUSE BILL NO. 730

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11, DELAWARE CODE, BY CREATING A NEW OFFENSE RELATING TO COMPUTER CRIMES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 5, Title 11, Delaware Code, by adding thereto a new Section 858 which shall read as follows:

"§858. Computer Fraud and Computer Misuse

(a) Whoever knowingly and willfully, directly or indirectly, without proper authorization, accesses, causes to be accessed, or attempts to access any computer, computer system, computer network, or any part of same for the purpose of

(1) devising or executing any scheme to defraud the owner thereof or any company, government, client or person who may be so defrauded, or

(2) obtaining money, property, or services for themselves or another by means of false or fraudulent pretenses, representations or promises shall be guilty of computer fraud. Computer fraud is a Class C felony.

(b) Whoever intentionally and without proper authorization, directly or indirectly accesses, alters, damages, modifies, destroys, or attempts to damage or destroy any computer system network, software, program, or data or any computer for an improper purpose shall be guilty of computer misuse. Computer misuse Is a Class E felony.

(c) For purposes of this section,

(1) 'computer' means an electronic device that performs logical, arithmetic, and memory functions by the manipulation of electronic or magnetic impulses;

(2) 'computer system' means a set of connected devices including a computer and all other devices such as data input, output, or storage devices; data communication circuits; and operating system computer programs procedures, and associated documentation that make the system capable of performing general-purpose data processing tasks;

(3) 'computer network' means a set of two or more computer systems that automatically transmit data over communication circuits connecting them;

(4) 'property' includes, but is not limited to, financial instruments, data, computer programs, and documentation associated with data and computer systems and programs and any other tangible or intangible item of value;

(5) 'services' includes, but is not limited to, providing a computer system to perform tasks;

(6) 'access' means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of, a computer or computer system or network;

(7) 'software' means a set of computer programs, procedures, and associated documentation concerned with the processing of data on a computer or computer system;

(8) 'data' is information, knowledge, facts, concepts, or instructions or a representation thereof which is intended to be processed, is being processed, or has been processed in a computer or computer system. Data may be in any form including, but not limited to, computer printouts, microfilm, microfiche, magnetic storage media, or punched cards, or it may be stored internally in the memory of a computer. Data is classified as intellectual property."

"§2738. Venue for Computer Related Crimes

A person charged with computer fraud or misuse may be prosecuted in the county where the act was committed, in the county where the violator had possession of any proceeds or materials used in such violation, or in the county where the principal place of business of the owner or lessee of the computer or computer system is located."

Approved July 21, 1982.