KENTUCKY TITLE: UNLAWFUL ACCESS TO A COMPUTER DEFINITIONS: ¤ 434.840. Definitions For the purposes of KRS 434.845 and 434.850, the following words (including any form of the word) and terms shall have the following meanings: (1) "Access" means to approach, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise make use of any resources of, a computer, computer system, or computer network; (2) "Computer" means a device that can perform substantial computation, including numerous arithmetic or logic operations, without intervention by a human operator during the processing of a job; (3) "Computer network" means a set of two or more computer systems that transmit data over communication circuits connecting them; (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; (6) "Computer system" means a set of connected devices including a computer and other devices including, but not limited to, one 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" is 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 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 instruments" includes, but is not limited to, any check, cashier's check, draft, warrant, money order, certificate of deposit, negotiable instrument, letter of credit, bill of exchange, credit card, debit card, or marketable security, or any computer system representation thereof; (9) "Intellectual property" includes 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" is to use a computer to put data through a systematic sequence of operations for the purpose of producing a specified result; (11) "Property" includes, but is not limited to, intellectual property, financial instruments, data, computer programs, documentation associated with data, computers, computer systems and computer programs, all in machine- readable or human-readable form, and any tangible or intangible item of value; and (12) "Services" includes, but is not limited to, the use of a computer, a computer system, a computer network, computer software, computer program, or data to perform tasks. OFFENSES: ¤ 434.845. Unlawful access to a computer in the first degree ¤ 434.850. Unlawful access to computer in the second degree ¤ 434.855. Misuse of computer information ELEMENTS: ¤ 434.845. Unlawful access to a computer in the first degree (1) A person is guilty of unlawful access to a computer in the first degree when he knowingly and willfully, directly or indirectly accesses, 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: (a) Devising or executing any scheme or artifice to defraud; or (b) Obtaining money, property, or services for themselves or another by means of false or fraudulent pretenses, representations, or promises; or (c) Altering, damaging, destroying, or attempting to alter, damage, or destroy, any computer, computer system, or computer network, or any computer software, program, or data. ¤ 434.850. Unlawful access to computer in the second degree (1) A person is guilty of unlawful access to a computer in the second degree when he without authorization knowingly and willfully, directly or indirectly accesses, causes to be accessed, or attempts to access any computer software, computer program, data, computer, ccomputer system, computer network, or any part thereof. ¤ 434.855. Misuse of computer information (1) A person is guilty of misuse of computer information when he: (a) Receives, conceals, or uses, or aids another in doing so, any proceeds of a violation of KRS 434.845; or (b) Receives, conceals, or uses or aids another in doing so, any books, records, documents, property, financial instrument, computer software, computer program, or other material, property, or objects, knowing the same to have been used in or obtained from a violation of KRS 434.845. PENALTIES: ¤ 434.845. Unlawful access to a computer in the first degree (3) Unlawful access to a computer in the first degree is a Class C felony. ¤ 434.850. Unlawful access to computer in the second degree (2) Unlawful access to a computer in the second degree is a Class A misdemeanor. ¤ 434.855. Misuse of computer information (2) Misuse of computer information is a Class C felony. DEFENSE: ¤ 434.845. Unlawful access to a computer in the first degree (2) Accessing, attempting to access, or causing to be accessed any computer software, computer program, data, computer, computer system, computer network, or any part thereof, even though fraud, false or fraudulent pretenses, representations, or promises may have been involved in the access or attempt to access shall not constitute a violation of this section if the sole purpose of the access was to obtain information and not to commit any other act proscribed by this section. VENUE: ¤ 434.860. Venue For the purpose of venue under the provisions of KRS 434.845, 434.850 or 434.855, any violation of KRS 434.845, 434.850 or 434.855 shall be considered to have been committed: in any county in which any act was performed in furtherance of any transaction violating KRS 434.845, 434.850 or 434.855; in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents, property, financial instrument, computer software, computer program or other material, objects or items which were used in furtherance of said violation; and in any county from which, to which or through which any access to a computer, computer system, or computer network was made whether by wires, electromagnetic waves, microwaves or any other means of communication. CIVIL REMEDY: No reference to civil remedy. CITATION: Ky. Rev. Stat. Ann. ¤¤ 434.840 thru 434.860. SOURCE: Acts 1984, ch. 210, eff. July 13, 1984.