Virgin Islands Computer Crimes and Technology Act of 2013
14 V.I.C. § 459, et seq.
Virgin Islands Code Annotated
TITLE FOURTEEN Crimes (Chs. 1 — 124)
Chapter 22. Computer Crimes (§§ 459 — 470)
§ 459. Short title
§ 460. Definitions
§ 461. Access to computer for fraudulent purposes
§ 462. Intentional access, alteration, damage or destruction
§ 463. Computer theft
§ 464. Computer trespass
§ 465. Cyber-stalking and cyber-harassment prohibited
§ 466. Violation of restraining order
§ 467. Penalties
§ 468. Civil action
§ 469. Use of false information
§ 470. Tampering with computer source documents
§ 459. Short title
This Chapter shall be known and may be cited as the “Computer Crimes and Technology Act of 2013”.
History
—Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 87.
§ 460. Definitions
(a) “Access” means to approach, instruct, communicate with, store data in, enter data in, retrieve data from, or otherwise make use of any resources of, a computer, computer system, computer network or cellular device.
(b) “Computer” means any cellular device, electromagnetic device, laptop, notebook, handheld electronic device, personal digital assistant, tablet computer, smart notebook, optical, hydraulic or organic device or group of devices which, pursuant to a computer program, human instruction, or permanent instructions contained in the device or group of devices, can automatically perform computer operations with or on computer data and can communicate the results to another computer or to a person. The term “computer” includes any connected or directly related device, equipment, or facility which enables the computer to store, retrieve or communicate computer programs, computer data or the results of computer operations to or from a person, another computer or another device.
(c) “Computer data” means any representation of information, knowledge, fact, concept, or instruction which is being prepared or has been prepared and is intended to be processed, is being processed, or has been processed in a computer or computer network. “Computer data” may be in any form, whether readable only by a computer or only by a human or by either, including, but not limited to, computer printouts, magnetic storage media, punched cards, or data stored internally in the memory of the computer.
(d) “Computer network” means a set of related, remotely connected devices and any communications facilities including more than one computer with the capability to transmit data among them through the communications facilities.
(e) “Computer operation” means arithmetic, logical, monitoring, storage or retrieval functions and any combination of them, and includes, but is not limited to, communication with, storage of data to, or retrieval of data from any device or human hand manipulation of electronic or magnetic impulses. A “computer operation” for a particular computer may also be any function for which that computer was generally designed.
(f) “Computer program” means a series of instructions or statements or related data that, in actual or modified form, is capable of causing a computer or a computer system to perform specified functions in a form acceptable to a computer, which permits the functioning of a computer system in a manner designed to provide appropriate products from the computer systems.
(g) “Computer services” includes computer time or services, data processing services, internet service providers” networks and facilities located in the Territory or information or data stored in connection with them.
(h) “Computer software” means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer, computer program or computer network.
(i) “Computer system” means a set of related, connected or unconnected, computer equipment, devices, and software.
(j) “Data” means any representation of information, knowledge, facts, concepts, or instructions which are being prepared or have been prepared and are intended to be entered, processed, or stored, are being entered, processed, or stored or have been entered, processed, or stored in a computer, computer system, or computer network.
(k) “Electronic mail service provider” means any business or organization qualified to do business in the Virgin Islands that provides registered users the ability to send or receive electronic mail through equipment located in this Territory and that is an intermediary in sending or receiving electronic mail.
(l) “Financial instrument” includes, but is not limited to, 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 computerized representation of any of these.
(m) “Owner” means an owner or lessee of a computer or a computer network or an owner, lessee, or licensee of computer data, computer programs, or computer software.
(n) “Person” shall include any individual, partnership, association, corporation, limited liability company or joint venture.
(o) “Property” includes, but is not limited to:
(1) Real property;
(2) Computers, cellular devices and computer networks;
(3) Financial instruments, computer data, computer programs, computer software and all other personal property regardless of whether they are:
(A) Tangible or intangible;
(B) In a format readable by humans or by a computer;
(C) In transit between computers or within a computer network or between any devices which comprise a computer; or
(D) Located on any paper or in any device on which it is stored by a computer or by a human; and
(E) Computer services.
(p) A person “uses” a computer or computer network when he or she:
(1) Attempts to cause or causes a computer or computer network to perform or to stop performing computer operations;
(2) Attempts to cause or causes the withholding or denial of the use of a computer, computer network, computer program, computer data or computer software to another user; or
(3) Attempts to cause or causes another person to put false information into a computer.
(q) A person is “without authority” when:
(1) he has no right, authority or permission of the owner to use a computer, or, he or she uses a computer in a manner exceeding his or her right or permission; or
(2) he or she uses an Internet service e-mail system offered by any U.S. Virgin Islands based Internet service provider in contravention of the authority granted by or in violation of the policies set by the Internet service provider.
(3) Transmission of electronic mail from an organization to its members shall not be deemed to be unsolicited bulk electronic mail.
(r) “Services” includes, but is not limited to, computer time, data processing, and storage functions.
(s) “Source document” means an original document or record which forms the basis of every electronic entry put into a computer, computer system, or computer network.
History
—Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 87-90.
§ 461. Access to computer for fraudulent purposes
(a) Whoever knowingly and intentionally directly or indirectly accesses or causes to be accessed any computer, computer system, or computer network for the purpose of:
(1) knowingly and intentionally devising or executing any scheme or artifice to defraud;
(2) obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises; or
(3) damaging, destroying, altering, deleting, or removing any program or data contained in it in connection with any scheme or artifice to defraud, shall be guilty of a felony and shall be subject to the penalties set forth in section 467 of this chapter.
History
—Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 91.
§ 462. Intentional access, alteration, damage or destruction
(a) Whoever intentionally, without authorization, and for fraudulent or other illegal purposes, directly or indirectly, accesses, alters, damages, or destroys any computer, computer system, computer network, computer software, computer program, or data contained in a computer, computer system, computer program, or computer network shall be guilty of a felony and shall be subject to the penalties set forth in section 467 of this chapter.
History
—Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 91.
§ 463. Computer theft
(a) Whoever, intentionally and without claim of right, takes, transfers, conceals or retains possession of any computer, computer system, computer network, computer software, computer program, or data contained in a computer, computer system, computer program, or computer network with a value in excess of five hundred dollars ($500) shall be guilty of a felony and shall be subject to the penalties set forth in section 467 of this chapter.
(b) If the value is five hundred dollars ($500) or less, the person shall be guilty of a misdemeanor punishable by imprisonment for a term not exceeding one year or by a fine of not more than one thousand dollars ($1,000), or both.
History
—Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 91.
§ 464. Computer trespass
(a) It shall be unlawful for any person to use or access a computer or computer network of another with or without authority with the intent to:
(1) Temporarily or permanently remove, halt, or otherwise disable any computer data, computer programs, or computer software from a computer or computer network;
(2) Cause a computer to malfunction regardless of how long the malfunction persists;
(3) Alter or erase any computer data, computer programs, or computer software;
(4) Effect the creation or alteration of a financial instrument or of an electronic transfer of funds;
(5) Cause physical injury to the property of another;
(6) Make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network;
(7) Forge e-mail header information or other internet routine information for the purpose of sending unsolicited bulk electronic mail through or into the facilities of an electronic mail service provider or its subscribers; or
(8) To sell, give or otherwise distribute or possess with the intent to sell, give or distribute software which is designed to facilitate or enable the forgery of electronic mail header information or other internet routing information for the purpose of sending unsolicited bulk electronic mail through or into the facilities of an electronic mail service provider or its subscribers.
(b) Nothing in this section shall be construed to interfere with or prohibit terms or conditions in a contract or license related to computers, computer data, computer networks, computer operations, computer programs, computer services, or computer software or to create any liability by reason of terms or conditions adopted by, or technical measures implemented by, a United States Virgin Islands-based electronic mail service provider to prevent the transmission of unsolicited bulk electronic mail in violation of this chapter.
History
—Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 92-93.
§ 465. Cyber-stalking and cyber-harassment prohibited
(a) Whoever transmits any communication by computer or other electronic device to any person or causes any person to be contacted for the sole purpose of harassing that person or his or her family is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment for not more than one year, or both.
(b) For the purpose of this section, “harassing” means any knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or bothers the person, and which serves no legitimate purpose.
(c) The course of conduct must be of a kind that would cause a reasonable person to suffer substantial emotional distress, or be in fear of bodily injury.
(d) As used in this section, “course of conduct” means a pattern of conduct comprised of a series of acts over a period of time, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.”
(e) A second or subsequent conviction under subsection (a) of this section shall be deemed a felony punishable by imprisonment for not more than two (2) years, by a fine of not more than six thousand dollars ($6,000), or both.
History
—Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 93.
§ 466. Violation of restraining order
(a) Whenever there is a restraining order or injunction issued by a court of competent jurisdiction enjoining one person from harassing another person, and the person so enjoined is convicted of the crime as set forth in section 465 for actions against the person protected by the court order or injunction, he or she shall be guilty of a felony which shall be punishable by imprisonment for not more than two (2) years, or by a fine of not more than six thousand dollars ($6,000), or both.
(b) A second or subsequent conviction under subsection (a) of this section shall be punishable by imprisonment for not more than five (5) years, by a fine of not more than ten thousand dollars ($10,000), or both.
History
—Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 93-94.
§ 467. Penalties
(a) Unless otherwise specified, any person who is convicted of an offense which is classified as a felony under this chapter shall be fined not more than five thousand dollars ($5,000), or imprisoned for not more than five (5) years, or both.
(b) Unless otherwise specified, any person who is convicted of an offense which is classified as a misdemeanor under this chapter shall be fined not more than one thousand dollars ($1,000), or imprisoned for not more than one year, or both.
History
—Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 94.
§ 468. Civil action
(a) Any person injured as a result of a violation of this chapter may bring a civil action against the violator for compensatory damages, punitive damages, court costs, and any other relief that the court deems appropriate, including reasonable attorneys’ fees.
(b) If the injury arises from the transmission of unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover attorney’s fees and costs and may elect, in lieu of actual damages, to recover the lesser of five hundred dollars ($500) for each and every unsolicited bulk electronic mail message transmitted in violation of this chapter up to a maximum of twenty-five thousand dollars ($25,000) per day. The injured person shall not have a cause of action against the electronic mail service provider which merely transmits the unsolicited bulk electronic mail over its computer network.
(c) If the injury arises from the transmission of unsolicited bulk electronic mail, an injured electronic mail service provider may also recover attorneys fees and costs, and may elect, in lieu of actual damages, to recover the greater of five hundred dollars ($500) for each and every unsolicited bulk electronic mail message transmitted in violation of this chapter up to a maximum of twenty-five thousand dollars ($25,000) per day.
(d) At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program and computer software involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party.
(e) The provisions of this section shall not be construed to limit any person’s right to pursue any additional civil remedy otherwise allowed by law.
History
—Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 94-95.
§ 469. Use of false information
(a) Whoever intentionally or knowingly makes a transmission of false data for the purpose of submitting a claim for payment, or makes, presents, or uses or causes to be made, presented, or used any data for the purpose of submitting a claim for payment with knowledge of its falsity and with knowledge that it will be used for any claim for payment, shall be guilty of a felony and shall be subject to the penalties set forth in section 467 of this chapter.
(b) Whoever intentionally or knowingly: (1) makes a transmission of false data; or (2) makes, presents or uses or causes to be made, presented or used any data for any other purpose with knowledge of its falsity, shall be guilty of a misdemeanor and shall be subject to the penalties set forth in section 467 of this chapter.
History
—Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 95.
§ 470. Tampering with computer source documents
(a) Whoever intentionally or knowingly conceals, destroys, or alters or intentionally or knowingly causes another to conceal, destroy, or alter any computer source document used for a computer, computer program, computer system, or computer network, when the computer source document is required to be kept by law, shall be guilty of a misdemeanor and shall be subject to the provisions of section 467 of this chapter.
(b) Whoever intentionally or knowingly conceals, destroys, or alters or intentionally, knowingly conceals, destroys, or alters or intentionally or knowingly causes another to conceal, destroy, or alter any computer source document used for a computer, computer program, computer system, or computer network, when the computer source document is required to be kept by law, with the intent to obstruct an official investigation by any state agency authorized by law to conduct any civil or criminal investigation, shall be guilty of a felony and shall be subject to the provisions of section 467 of this chapter.
History
—Added Oct. 15, 2013, No. 7512, § 1, Sess. L. 2013, p. 95.
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