TENNESSEE
TITLE:	COMPUTER OFFENSES
DEFINITIONS:	¤ 39-14-601.  DEFINITIONS FOR COMPUTER 
OFFENSES

The following definitions apply in this part unless 
the context otherwise requires:

(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:  	¤ 39-14-602.  [UNTITLED IN STATUTORY 
HEADINGS]
ELEMENTS:  	¤ 39-14-602.  [UNTITLED IN STATUTORY 
HEADINGS]

(a)  Whoever knowingly, 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 
obtaining money, property, or services for 
themselves or another by means of false or 
fraudulent pretenses, representations, or promises 
violates this subsection and is subject to the 
penalties of Section 39-14-105.

(b)  Whoever intentionally and without 
authorization, directly or indirectly 

(1)  Accesses, or

(2)  Alters, damages, destroys, or attempts to 
damage or destroy any computer, computer 
system, or computer network, computer software, 
program or data violates this subsection.

(e)  Whoever receives, conceals, or uses, or aids 
another in receiving, concealing or using any 
proceeds resulting from a violation of either 
subsection (a) or (b)(2) of this section, knowing 
same to be the proceeds of such violation, or 
whoever receives, conceals, or uses, or aids 
another in receiving, concealing or using, any 
books, records, documents, property, financial 
instrument, computer software, program, or other 
material, property, or objects, knowing same to 
have been used in violating either subsection (a) 
or (b)(2) of this section violates this subsection 
and shall be subject to the penalties of Section 39-
14-105.
PENALTIES:	¤ 39-14-602.  [UNTITLED IN STATUTORY 
HEADINGS]

(c)  Violation of subsection(b)(1) is a Class C 
misdemeanor.  

(d)  Violation of subsection(b)(2) shall be punished 
as in Section 39-14-105.
VENUE:	¤ 39-14-603.  VENUE

For the purposes of venue under the provisions of 
this part, any violation of this part shall be 
considered to have been committed:

(1)  In any county in which any act was performed 
in furtherance of any transaction violating this 
part;  

(2)  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  

(3)  In any county from which, to which or 
through which any access to a computer, computer 
system, or computer network was made whether 
by wire, electromagnetic waves, microwaves or 
any other means of communication.
CIVIL REMEDY:	No reference to civil remedy.
CITATION:	Tenn. Code Ann. ¤ 39-3-601 thru 39-3-603.
SOURCE:	Acts 1983, ch. 130; Acts 1989, ch. 591.