AL Electronic Crime Statutes

(http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm)

Section 13A-8-10 Theft of services - Definition.

(a): A person commits the crime of theft of services if:
(1): He intentionally obtains services known by him to be available only for compensation by deception, threat, false token or other means to avoid payment for the services; or
(2): Having control over the disposition of services of others to which he is not entitled, he knowingly diverts those services to his own benefit or to the benefit of another not entitled thereto.
(b): "Services" includes but is not necessarily limited to labor, professional services, transportation, telephone or other public services, accommodation in motels, hotels, restaurants or elsewhere, admission to exhibitions, computer services and the supplying of equipment for use.
(c): Where compensation for services is ordinarily paid immediately upon the rendering of them, as in the case of motels, hotels, restaurants and the like, absconding without payment or bona fide offer to pay is prima facie evidence under subsection (a) that the services were obtained by deception.
(d): If services are obtained under subdivision (a) (1) from a hotel, motel, inn, restaurant or cafe, no prosecution can be commenced after 120 days from the time of the offense.

(Acts 1977, No. 607, p. 812, §3210; Acts 1978, No. 770, p. 1110, §1; Acts 1979, No. 79-471, p. 862, §1.)

Section 13A-8-100 Short title.

This article may be cited as the Alabama Computer Crime Act.

(Acts 1985, No. 85-383, §1, p. 326.)

Section 13A-8-101 Definitions.

When used in this chapter, the following terms shall have the following meanings, respectively, unless a different meaning clearly appears from the context:

(1): DATA. A representation of information, knowledge, facts, concepts, or instructions which are being prepared or have been prepared in a formalized manner, and is intended to be processed, is being processed, or has been processed in a computer system or computer network, and should be classified as intellectual property, and may be in any form, including computer printouts, magnetic storage media, punched cards, or stored internally in the memory of the computer.
(2): INTELLECTUAL PROPERTY. Data, including computer program.
(3): COMPUTER PROGRAM. An ordered set of data representing coded instructions or statements that, when executed by a computer, cause the computer to process data.
(4): COMPUTER. An electronic magnetic, optical or other high speed data processing device or system which performs logical, arithmetic, and memory functions by manipulations of electronic magnetic or optical impulses, and includes all input, output, processing, storage, computer software, or communication facilities which are connected or related to the computer in a computer system or computer network.
(5): COMPUTER SOFTWARE. A set of computer programs, procedures, and associated documentation concerned with the operation of a computer, computer system or computer network.
(6): COMPUTER SYSTEM. A set of related, connected or unconnected, computer equipment, devices, or computer software.
(7): COMPUTER NETWORK. A set of related, remotely connected devices and communication facilities, including more than one computer system, with capability to transmit data among them through communication facilities.
(8): COMPUTER SYSTEM SERVICES. The utilization of a computer, computer system, or computer network to assist an individual or entity with the performance of a particular lawful function which that individual or entity has been given the right, duty, and power, together with the responsibility, to perform.
(9): PROPERTY. Anything of value as defined by law, and includes financial instruments, information, including electronically produced data and computer software and computer programs in either machine or human readable form, and any other tangible or intangible items of value.
(10): FINANCIAL INSTRUMENT. Includes 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 computer system representation thereof.
(11): ACCESS. To instruct, communicate with, store data in, or retrieve data from a computer, computer system or computer network.

(Acts 1985, No. 85-383, §2, p. 326.)

Section 13A-8-102

Offenses against intellectual property.

(a): Whoever willfully, knowingly, and without authorization or without reasonable grounds to believe that he or she has such authorization, attempts or achieves access, communication, examination, or modification of data, computer programs, or supporting documentation residing or existing internal or external to a computer, computer system, or computer network commits an offense against intellectual property.
(b): Whoever willfully, knowingly, and without authorization or without reasonable grounds to believe that he or she has such authorization, destroys data, computer programs, or supporting documentation residing or existing internal or external to a computer, computer system, or computer network commits an offense against intellectual property.
(2): If the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, then the offender is guilty of a Class C felony, punishable as provided by law.
(3): If the damage to such intellectual property is greater than two thousand five hundred dollars ($2,500), or if there is an interruption or impairment of governmental operation or public communication, transportation, or supply of water, gas, or other public or utility service, then the offender is guilty of a Class B felony, punishable as provided by law.
(4): Whoever willfully, knowingly, and without authorization alters or removes data causing physical injury to any person who is not involved in said act shall be guilty of a Class A felony, punishable as provided by law.

(Acts 1985, No. 85-383,§3, p. 326; Act 2003-355, §1.)

Section 13A-8-103

Acts constituting offense against computer equipment or supplies; punishment.

(a)(1) Whoever willfully, knowingly, and without authorization or without reasonable grounds to believe that he has such authorization, modifies equipment or supplies that are used or intended to be used in a computer, computer system, or computer network commits an offense against computer equipment or supplies.

(2)a. Except as provided in this subsection, an offense against computer equipment or supplies as provided in subdivision (a)(1) is a Class A misdemeanor, punishable as provided by law.

b. If the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, then the offender is guilty of a Class C felony, punishable as provided by law.

(b)(1) Whoever willfully, knowingly, and without authorization or without reasonable grounds to believe that he has such authorization, destroys, uses, takes, injures, or damages equipment or supplies used or intended to be used in a computer, computer system, or computer network, or whoever willfully, knowingly, and without authorization or without reasonable grounds to believe that he has such authorization, destroys, injures, takes, or damages any computer, computer system, or computer network commits an offense against computer equipment and supplies.

(2)a. Except as provided in this subsection, an offense against computer equipment or supplies as provided in subdivision (b)(1) is a Class A misdemeanor, punishable as provided by law.

b. If the damage to such computer equipment or supplies or to the computer, computer system, or computer network is $2,500.00 or greater, or if there is an interruption or impairment of governmental operation or public communication, transportation, or supply of water, gas, or other public utility service, then the offender is guilty of a Class B felony, punishable as provided by law.