Tennessee Computer Crime Legislation

    Tennessee Legislation

                           PUBLIC CHAPTER NO.  445
                                  By Jordan
                     Substituted for:  House Bill No. 370
                             By Halteman Harwell

    AN ACT To amend Tennessee Code Annotated, Title 39, Chapter 14,
        part 6, relative to computer offenses.

    BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
         SECTION 1. Tennessee Code Annotated, Sections 39-14-601 and
    39-14-602, are amended by deleting such sections in their entirety
    and substituting instead the following:
          SECTION 39-14-601.  The following definitions apply in
     this part, unless the context otherwise requires:
               (1) "Access" means to approach, instruct,
          communicate or connect with, store data in, retrieve or
          intercept data from, or otherwise make use of any
          resources of a computer, computer system or computer
          network, or information exchange from any communication
          between computers or authorized computer users and
          electronic, electromagnetic, electrochemical, acoustic,
          mechanical or other means;
               (2) "Computer" means a device or collection of
          devices, including its support devices or peripheral
          equipment or facilities, and the communication systems
          connected to it which can perform functions including.
          but not limited to, substantial computation, arithmetic
          or logical operations, information storage or retrieval
          operations, capable of being used with external files,
          one or more operations which contain computer programs,
          electronic instructions, allows for the input of data,
          and output data (such operations or communications can
          occur with or without intervention by a human operator
          during the processing of a job);
               (3) "Computer network" means a set of two (2) or
          more computer systems that transmit data over
          communication circuits connecting them, and input/output
          devices including, but not limited to, display terminals
          and printers, which may also be connected to
          telecommunication facilities;
               (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 whether imprinted or embodied
          in the computer in any manner or separate from it,
          including the supporting materials for the software and
          accompanying documentation;
               (6) "Computer system" means a set of connected
          devices including a computer and other devices including,
          but not limited to, one (1) 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" means the representation of information,
          knowledge, facts, concepts, or instructions which is
          being prepared or has 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 system or  computer
          network;
               (8) "Financial instrument" means a check, cashier's
          check, draft, warrant, money order, certificate of
          deposit, negotiable instrument, letter of credit, bill of
          exchange, credit card, debit card, marketable security,
          or any computer system representation thereof;
               (9) "Intellectual property" means 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" means to use a computer to put
          data through a systematic sequence of operations for the
          purpose of producing a specified result;
               (11) "Property" means, but is not limited to,
          intellectual property, financial instruments, data,
          computer systems and computer programs, all in machine-
          readable or human-readable form, and any tangible or
          intangible item of value;
               (12) "Services" means, but is not limited to,
          computer time, data processing, or data storage
          functions, the use of a computer, a computer system, a
          computer network, computer software, computer program or
          data to perform tasks;
               (13) "Input" means data, facts, concepts or
          instructions in a form appropriate for delivery to, or
          interpretation or processing by, a computer;
               (14) "Output" means data, facts, concepts or
          instructions produced or retrieved by computers from
          computers or computer memory storage devices;
               (15) "Computer contaminants" means any set of
          computer instructions that are designed to modify or in
          any way alter, damage, destroy, or disrupt the proper
          operation of a 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, which 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.  Such contaminants
          may include:
                    (A)  "Virus", meaning a migrating program
               which, at least, attaches itself to the operating
               system of any computer it enters and can infect any
               other computer that has access to an "infected"
               computer.
                    (B)  "Worm", meaning a computer program or
               virus that spreads and multiplies, eventually
               causing a computer to "crash" or cease functioning,
               but does not attach itself to the operating system
               of the computer it "infects"; and
               (16)  "System hacker" means any person who knowingly
          accesses and without permission alters, damages, deletes,
          destroys, or otherwise uses any data, computer, computer
          system, or computer network.
    Section 39-14-602. (a) Whoever knowingly, directly or indirectly,
    accesses, causes to be accessed, or attempts to access any
    telephone system, telecommunications facility, computer software,
    computer program, data, computer, computer system, computer
    network, or any part thereof, for the purpose of:
               (1) Obtaining money, property, or services for
          himself or another by means of false or fraudulent
          pretenses, representations, or promises violates this
          subsection and is subject to the penalties of section 39-
          14-105;
               (2) Causing computer output to purposely be false,
          for, but not limited to, the purpose of obtaining money,
          property, or services for himself or another by means of
          false or fraudulent pretenses, representations, or
          promises violates this subsection and is subject to the
          penalties of Section 39-14-105.
          (b)  Whoever intentionally and without authorization,
     directly or indirectly:
               (1)  Accesses any computer, computer system, or
          computer network, is guilty of a Class C misdemeanor;
               (2)  Alters, damages, destroys, or attempts to
          damage or destroy, or cause the disruption to the proper
          operation of any computer, or who performs an act which
          is responsible for the disruption of any computer,
          computer system, computer network, computer software,
          program or data which resides or exists internal or
          external to a computer, computer system, or computer
          network, is punishable as in Section 39-14-105;
               (3)  Introduces or is responsible for the input of
          any computer contaminant into any computer, computer
          system, or computer network, is guilty of a Class B
          misdemeanor; or
               (4)  Access, 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 gaining access to computer
          material or to tamper with computer security devices,
          including, but not limited to system hackers, is guilty
          of a Class A misdemeanor.
          (c) Whoever receives, conceals, uses, or aids another in
     receiving, concealing or using any proceeds resulting from a
     violation of either subsection (a) or subdivision (b)(2),
     knowing the same to be proceeds of such violation, or whoever
     receives, conceals, uses, or aids another in receiving,
     concealing or using any books, records, documents, property,
     financial instrument, computer software, program, or other
     material, property, or objects, knowing the same to have been
     used in violating either subsection (a) or subdivision (b)(2)
     is subject to the penalties of Section 39-14-105.
         SECTION 2.  This act shall take effect July 1, 1993, the
    public welfare requiring it.

    PASSED:           May 10, 1993

                                    John Wilder (signature)
                                                  John S. Wilder,
                                             Speaker of the Senate

                                   Jimmy Naifeh (signature)
                                             Jimmy Naifeh, Speaker
                                        House of Representatives
     APPROVED this 19th day of May 1993

                                      Ned McWherter (signature)
                                        Ned McWherter, Governor

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