Statute Text
Computer crime.
(1) As used in this section:
(a) To access
means to instruct, communicate with, store data in, retrieve data from or
otherwise make use of any resources of a computer, computer system or computer
network.
(b) Computer
means, but is not limited to, an electronic, magnetic, optical electrochemical
or other high-speed data processing device that performs logical, arithmetic or
memory functions by the manipulations of electronic, magnetic or optical
signals or impulses, and includes the components of a computer and all input,
output, processing, storage, software or communication facilities that are
connected or related to such a device in a system or network.
(c) Computer
network means, but is not limited to, the interconnection of communication
lines, including microwave or other means of electronic communication, with a
computer through remote terminals or a complex consisting of two or more
interconnected computers.
(d) Computer
program means, but is not limited to, a series of instructions or statements,
in a form acceptable to a computer, which permits the functioning of a computer
system in a manner designed to provide appropriate products from or usage of
such computer system.
(e) Computer
software means, but is not limited to, computer programs, procedures and
associated documentation concerned with the operation of a computer system.
(f) Computer
system means, but is not limited to, a set of related, connected or
unconnected, computer equipment, devices and software. Computer system also
includes any computer, device or software owned or operated by the Oregon State
Lottery or rented, owned or operated by another person or entity under contract
to or at the direction of the Oregon State Lottery.
(g) 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. Data includes, but is not limited to, computer or human
readable forms of numbers, text, stored voice, graphics and images.
(h) Intimate
image means a photograph, film, video, recording, digital picture or other
visual reproduction of a person whose intimate parts are visible or who is
engaged in sexual conduct.
(i) Intimate
parts means uncovered human genitals, pubic areas or female nipples.
(j) Property
includes, but is not limited to, financial instruments, information, including
electronically produced data, and computer software and programs in either
computer or human readable form, intellectual property and any other tangible
or intangible item of value.
(k) Proprietary
information includes any scientific, technical or commercial information
including any design, process, procedure, list of customers, list of suppliers,
customers records or business code or improvement thereof that is known only
to limited individuals within an organization and is used in a business that
the organization conducts. The information must have actual or potential
commercial value and give the user of the information an opportunity to obtain
a business advantage over competitors who do not know or use the information.
(L) Services
includes, but is not limited to, computer time, data processing and storage
functions.
(m) Sexual
conduct means sexual intercourse or oral or anal sexual intercourse, as those
terms are defined in ORS 163.305, or masturbation.
(2) Any person
commits computer crime who knowingly accesses, attempts to access or uses, or
attempts to use, any computer, computer system, computer network or any part
thereof for the purpose of:
(a) Devising or
executing any scheme or artifice to defraud;
(b) Obtaining
money, property or services by means of false or fraudulent pretenses,
representations or promises; or
(c) Committing
theft, including, but not limited to, theft of proprietary information or theft
of an intimate image.
(3) Any person
who knowingly and without authorization alters, damages or destroys any
computer, computer system, computer network, or any computer software, program,
documentation or data contained in such computer, computer system or computer
network, commits computer crime.
(4) Any person
who knowingly and without authorization uses, accesses or attempts to access
any computer, computer system, computer network, or any computer software,
program, documentation or data contained in such computer, computer system or
computer network, commits computer crime.
(5)(a) A
violation of the provisions of subsection (2) or (3) of this section shall be a
Class C felony. Except as provided in paragraph (b) of this subsection, a
violation of the provisions of subsection (4) of this section shall be a Class
A misdemeanor.
(b) Any violation
of this section relating to a computer, computer network, computer program,
computer sof