OKLAHOMA TITLE: COMPUTER CRIMES ACT DEFINITIONS: ¤ 1952. DEFINITIONS As used in the Oklahoma Computer Crimes Act: 1. "Access" means to approach, gain entry to, instruct, communicate with, store data in, retrieve data from or otherwise use the logical, arithmetical, memory, or other resources of a computer, computer system or computer network; 2. "Computer" means an electronic device which performs work using programmed instruction having one or more of the capabilities of storage, logic, arithmetic or communication. The term includes input, output, processing, storage, software and communication facilities which are connected or related to a device in a system or network; 3. "Computer network" means the interconnection of terminals by communication modes with a computer, or a complex consisting of two or more interconnected computers; 4. "Computer program" means a set or series of instructions or statements and related data which when executed in actual or modified form directs or is intended to direct the functioning of a computer system in a manner designed to perform certain operations; 5. "Computer software" means one or more computer programs, procedures and associated documentation used in the operation of a computer system; 6. "Computer system" means a set of related, connected or unconnected, computer equipment, devices including support devices, one or more of which contain computer programs, electronic instructions, input data, and output data, that performs functions including, but not limited to, logic, arithmetic, data storage and retrieval, communication, and control and software. "Computer system" does not include calculators which are not programmable and are not capable of being connected to or used to access other computers, computer systems or support devices. 7. "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 in a display device; 8. "Property" means any tangible or intangible item of value and includes, but is not limited to, financial instruments, geophysical data or the interpretation of that data, information, computer software, computer programs, electronically- produced and computer-produced or stored data, supporting documentation, computer software in either machine or human readable form, electronic impulses, confidential, copyrighted or proprietary information, private identification codes or numbers which permit access to a computer by authorized computer users or generate billings to consumers for purchase of goods and services, including but not limited to credit card transactions and telecommunications services or permit electronic fund transactions and any other tangible or intangible item of value; 9. "Services" includes, but is not limited to, computer time, data processing and storage functions and other uses of a computer, computer system or computer network to perform useful work; and 10. "Supporting documentation" includes, but is not limited to, all documentation used in the construction, design, classification, implementation, use or modification of computer software, computer programs or data, and 11. "Victim expenditure" means any expenditure reasonably and necessarily incurred by the owner or lessee to verify that a computer system, computer network, computer program or data was not altered, deleted, disrupted, damaged or destroyed by the access. OFFENSES: ¤ 1953. PROHIBITED ACTS [NOT SPECIFICALLY TITLED IN STATUTE] ¤ 1958. ACCESS TO COMPUTERS, COMPUTER SYSTEMS AND COMPUTER NETWORKS PROHIBITED FOR CERTAIN PURPOSES ELEMENTS: ¤ 1953. PROHIBITED ACTS [NOT SPECIFICALLY TITLED IN STATUTE] It shall be unlawful to: 1. Willfully, and without authorization, gain or attempt to gain access to and damage, modify, alter, destroy, copy, make use of, disclose or take possession of a computer, computer system, computer network or any other property. 2. Use a computer, computer system, computer network or any other property as hereinbefore defined for the purpose of devising or executing a scheme or artifice with the intent to defraud, deceive, extort or for the purpose of controlling or obtaining money, property, services or other thing of value by means of a false or fraudulent pretense or representation. 3. Willfully exceed the limits of authorization and damage, modify, alter, destroy, copy, delete, disclose or take possession of a computer, computer system, computer network or any other property. 4. Willfully and without authorization, gain or attempt to gain access to a computer, computer system, computer network or any other property. 5. Willfully and without authorization use or cause to be used computer services. 6. Willfully and without authorization disrupt or cause the disruption of computer services or cause the denial of access or other computer services to an authorized user of a computer, computer system or computer network. 7. Willfully and without authorization provide or assist in providing a means of accessing a computer, computer system or computer network in violation of this section. ¤ 1958. ACCESS TO COMPUTERS, COMPUTER SYSTEMS AND COMPUTER NETWORKS PROHIBITED FOR CERTAIN PURPOSES No person shall communicate with, store data in, or retrieve data from a computer system or computer network for the purpose of using such access to violate any of the provisions of the Oklahoma Statutes. PENALTIES: ¤ 1953. PROHIBITED ACTS. [NOT SPECIFICALLY TITLED IN STATUTE] B. Any person convicted of violating paragraphs 1, 2, 3, 6 or 7 of subsection A of this section shall be guilty of a felony. C. Any person convicted of violating paragraphs 4 or 5 of subsection A of this section shall be guilty of a misdemeanor. ¤ 1955. PENALTIESÑCIVIL ACTIONS A. Upon conviction of a felony under the provisions of the Oklahoma Computer Crimes Act, punishment shall be by a fine of not less than Five Thousand Dollars ($5,000.00) and not more than One Hundred Thousand Dollars ($100,000.00), or by confinement in the State Penitentiary for a term of not more than ten (10) years, or by both such fine and imprisonment. B. Upon conviction of a misdemeanor under the provisions of the Oklahoma Computer Crimes Act, punishment shall be by a fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail not to exceed thirty (30) days, or by both such fine and imprisonment. ¤ 1958. ACCESS TO COMPUTERS, COMPUTER SYSTEMS AND COMPUTER NETWORKS PROHIBITED FOR CERTAIN PURPOSES [Elements of offense set forth above.] Any person convicted of violating the provisions of this section shall be guilty of a felony punishable by imprisonment in the State Penitentiary for a term of not more than five (5) years, or by a fine of not more that Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine. VENUE: ¤ 1957. ACCESS OF COMPUTER, COMPUTER SYSTEM OR COMPUTER NETWORK IN ONE JURISDICTION FROM ANOTHER JURISDICTION¾BRINGING AN ACTION For purposes of bringing a civil or criminal action under the Oklahoma Computer Crimes Act, a person who causes, by any means, the access of a computer, computer system or computer network in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer, computer system or computer network in each jurisdiction. CIVIL REMEDY: ¤ 1955. PENALTIESÑCIVIL ACTIONS C. In addition to any other civil remedy available, the owner or lessee of the computer, computer system, computer network, computer program or data may bring a civil action against any person convicted of a violation of the Oklahoma Computer Crimes Act for compensatory damages, including any victim expenditure reasonably and necessarily incurred by the owner or lessee to verify that a computer system, computer network, computer program or data was or was not altered, damaged, deleted, disrupted or destroyed by the access. In any action brought pursuant to this subsection the court may award reasonable attorneys fees to the prevailing party. MISCELLANY: ¤ 1954. CERTAIN ACTS AS PRIMA FACIE EVIDENCE OF VIOLATION OF ACT Proof that any person has accessed, damaged, disrupted, deleted, modified, altered, destroyed, caused to be accessed, copied, disclosed or taken possession of a computer, computer system, computer network or any other property, or has attempted to perform any of these enumerated acts without authorization or exceeding the limits of authorization, shall be prima facie evidence of the willful violation of the Oklahoma Computer Crimes Act. CITATION: Okla. Stat. Ann. Tit. 21, ¤¤ 1951 thru 1958 SOURCE: Laws 1984, c. 70; amended by Laws 1989, c. 151.