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TUCoPS :: Cyber Law :: maryland.txt

Maryland Computer Crime Law





                        ANNOTATED CODE OF MARYLAND, 1988
      Copyright (c) 1957-1990 by The Michie Company.  All rights reserved.
                       ARTICLE 27. CRIMES AND PUNISHMENTS.
                            I. CRIMES AND PUNISHMENTS
                              CREDIT CARD OFFENSES

 s 146. Unauthorized access to COMPUTERS prohibited.

   (a) Definitions. -- In this section the following words have the meanings
 indicated.
   (1) (i) "COMPUTER" means an electronic, magnetic, optical, organic, or other
 data processing device or system that performs logical, arithmetic, memory, or
 storage functions.
   (ii) "COMPUTER" includes any property, data storage facility, or
 communications facility that is directly related to or operated in conjunction
 with that device or system.
   (iii) "COMPUTER" does not include an automated typewriter or typesetter, or a
 portable calculator.
   (2) "COMPUTER control language" means any ordered statements that direct a
 COMPUTER to perform specific functions.
   (3) "COMPUTER data base" means a representation of information, knowledge,
 facts, concepts, or instructions that:
   (i) Are being prepared or have been prepared in a formalized manner or are or
 have been produced by a COMPUTER, COMPUTER system, or COMPUTER network; and
   (ii)  Are intended for use in a COMPUTER, COMPUTER system, or COMPUTER
 network.
   (4) "COMPUTER network" means the interconnection of 1 or more COMPUTERS
 through:
   (i) The use of satellite, microwave, line, or other communication media; and
   (ii) Terminals or a complex consisting of 2 or more interconnected COMPUTERS
 whether or not the interconnection is continuously maintained.
   (5) "COMPUTER program" means an ordered set of instructions or statements
 that may interact with related data that, when executed in a COMPUTER system,
 causes the COMPUTER to perform specified functions.
   (6) "COMPUTER services" includes, but is not limited to, COMPUTER time, data
 processing, and storage functions.
   (7) "COMPUTER software" means COMPUTER programs, instructions, procedures, or
 associated documentation that is concerned with the operation of a COMPUTER
 system.
   (8) "COMPUTER system" means 1 or more connected or unconnected COMPUTERS,
 peripheral devices, software, data, or programs.
   (9) "Access" means to instruct, communicate with, store data in, retrieve
 data from, or otherwise make use of equipment including, but not limited to,
 COMPUTERS and other data processing equipment or resources connected therewith.
   (b) Other applicable Code provisions. -- This section does not preclude the
 applicability of any other provision of their Code.
   (c) Illegal access. -- (1) A person may not intentionally, willfully, and
 without authorization access, attempt to access, or cause access to a COMPUTER,
 COMPUTER network, COMPUTER software, COMPUTER control language, COMPUTER
 system, COMPUTER services, COMPUTER data base, or any part of these systems or
 services.
   (2) A person may not intentionally, willfully, and without authorization
 access, attempt to access, or cause access to a COMPUTER, COMPUTER network,
 COMPUTER software, COMPUTER control language, COMPUTER system, COMPUTER
 services, COMPUTER data base, or any part of these systems or services to:
   (i) Cause the malfunction or interrupt the operation of a COMPUTER, COMPUTER
 network, COMPUTER software, COMPUTER control language, COMPUTER system,
 COMPUTER services, COMPUTER data base, or any part of these systems or
 services; or
   (ii) Alter, damage, or destroy data or a COMPUTER program stored, maintained,
 or produced by a COMPUTER, COMPUTER network, COMPUTER system, COMPUTER
 services, COMPUTER data base, or any part of these systems or services.
   (3) A person may not intentionally, willfully, and without authorization:
   (i) Identify or attempt to identify any valid access codes; or
   (ii) Distribute or publicize any valid access codes to any unauthorized
 person.
   (d) Penalty. -- (1) Any person who violates any provision of subsection
 (c) (1) of this section is guilty of a misdemeanor and on conviction is subject
 to a fine not exceeding $1,000 or imprisonment not exceeding 3 years or both.
   (2) Any person who violates any provision of subsection (c) (2) or (c) (3) of
 this section is guilty of a misdemeanor and on conviction is subject to a fine
 not exceeding $5,000 or imprisonment not exceeding 5 years or both.
   (e) Scope of offenses; jurisdiction. -- (1) When illegal access to a
 COMPUTER, COMPUTER network, COMPUTER control language, COMPUTER system,
 COMPUTER services, COMPUTER software, COMPUTER data base, or any part of these
 systems or services is committed in violation of this section pursuant to 1
 scheme or continuing course of conduct, the conduct may be considered as 1
 offense.
   (2) A court of competent jurisdiction in this State may try a person who
 allegedly violates any provision of subsection (c) of this section in any
 county in this State where:
   (i) The person performs the act; or
   (ii) The accessed COMPUTER is located.

   (1984, ch. 588; 1989, ch. 722.)



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