156.00 - Offenses involving computers; definition of terms.

§ 156.00 Offenses involving computers; definition of terms.    The  following definitions are applicable to this chapter except where  different meanings are expressly specified:    1.  "Computer"  means  a  device  or  group  of  devices   which,   by  manipulation   of   electronic,  magnetic,  optical  or  electrochemical  impulses, pursuant to a  computer  program,  can  automatically  perform  arithmetic, logical, storage or retrieval operations with or on computer  data,  and  includes any connected or directly related device, equipment  or  facility  which  enables  such  computer  to  store,   retrieve   or  communicate  to or from a person, another computer or another device the  results of computer operations, computer programs or computer data.    2. "Computer program" is property and means an  ordered  set  of  data  representing  coded  instructions  or  statements that, when executed by  computer, cause the computer to process data or direct the  computer  to  perform  one or more computer operations or both and may be in any form,  including magnetic storage media, punched cards, or stored internally in  the memory of the computer.    3.  "Computer  data"  is  property  and  means  a  representation   of  information,  knowledge, facts, concepts or instructions which are being  processed, or have been processed in a computer and may be in any  form,  including magnetic storage media, punched cards, or stored internally in  the memory of the computer.    4.  "Computer  service"  means  any  and  all  services provided by or  through the facilities of any computer communication system allowing the  input, output, examination, or transfer, of computer  data  or  computer  programs from one computer to another.    5.  "Computer  material"  is  property  and means any computer data or  computer program which:    (a) contains records of the medical history or medical treatment of an  identified or readily identifiable individual or individuals. This  term  shall  not  apply  to the gaining access to or duplication solely of the  medical history or medical treatment records of a person by that  person  or  by  another  specifically authorized by the person whose records are  gained access to or duplicated; or    (b)  contains  records  maintained  by  the  state  or  any  political  subdivision thereof or any governmental instrumentality within the state  which  contains  any  information  concerning  a  person,  as defined in  subdivision seven of section 10.00 of this  chapter,  which  because  of  name,  number, symbol, mark or other identifier, can be used to identify  the  person  and  which  is  otherwise  prohibited  by  law  from  being  disclosed.  This  term  shall  not  apply  to  the  gaining access to or  duplication solely of records of a person by that person or  by  another  specifically authorized by the person whose records are gained access to  or duplicated; or    (c)  is  not  and is not intended to be available to anyone other than  the person or persons  rightfully  in  possession  thereof  or  selected  persons  having  access thereto with his, her or their consent and which  accords or  may  accord  such  rightful  possessors  an  advantage  over  competitors  or  other  persons who do not have knowledge or the benefit  thereof.    6.  "Computer  network"  means  the  interconnection  of  hardwire  or  wireless  communication  lines with a computer through remote terminals,  or a complex consisting of two or more interconnected computers.    7. "Access" means  to  instruct,  communicate  with,  store  data  in,  retrieve  from,  or  otherwise  make use of any resources of a computer,  physically, directly or by electronic means.    8. "Without authorization" means to  use  or  to  access  a  computer,  computer service or computer network without the permission of the owneror lessor or someone licensed or privileged by the owner or lessor where  such person knew that his or her use or access was without permission or  after  actual  notice to such person that such use or access was without  permission.  It  shall  also  mean the access of a computer service by a  person without permission where such person knew that  such  access  was  without  permission  or  after  actual  notice to such person, that such  access was without permission.    Proof that such person used or accessed a computer,  computer  service  or  computer  network  through the knowing use of a set of instructions,  code  or  computer  program  that  bypasses,   defrauds   or   otherwise  circumvents  a  security  measure  installed  or  used  with  the user's  authorization on the computer,  computer  service  or  computer  network  shall  be  presumptive  evidence  that such person used or accessed such  computer, computer service or computer network without authorization.    9. "Felony" as used in this article means any felony  defined  in  the  laws  of  this  state  or  any  offense defined in the laws of any other  jurisdiction for which a sentence to a term of imprisonment in excess of  one year is authorized in this state.