§ 14-458. Computer trespass; penalty. - North Carolina Statutes

§14‑458.  Computer trespass; penalty.

(a)        Except as otherwisemade unlawful by this Article, it shall be unlawful for any person to use acomputer or computer network without authority and with the intent to do any ofthe following:

(1)        Temporarily or permanentlyremove, halt, or otherwise disable any computer data, computer programs, orcomputer software from a computer or computer network.

(2)        Cause a computer tomalfunction, regardless of how long the malfunction persists.

(3)        Alter or erase anycomputer data, computer programs, or computer software.

(4)        Cause physicalinjury to the property of another.

(5)        Make or cause to bemade an unauthorized copy, in any form, including, but not limited to, anyprinted or electronic form of computer data, computer programs, or computersoftware residing in, communicated by, or produced by a computer or computernetwork.

(6)        Falsely identifywith the intent to deceive or defraud the recipient or forge commercialelectronic mail transmission information or other routing information in anymanner in connection with the transmission of unsolicited bulk commercialelectronic mail through or into the computer network of an electronic mailservice provider or its subscribers.

For purposes of thissubsection, a person is "without authority" when (i) the person hasno right or permission of the owner to use a computer, or the person uses acomputer in a manner exceeding the right or permission, or (ii) the person usesa computer or computer network, or the computer services of an electronic mailservice provider to transmit unsolicited bulk commercial electronic mail incontravention of the authority granted by or in violation of the policies setby the electronic mail service provider.

(b)        Any person whoviolates this section shall be guilty of computer trespass, which offense shallbe punishable as a Class 3 misdemeanor. If there is damage to the property ofanother and the damage is valued at less than two thousand five hundred dollars($2,500) caused by the person's act in violation of this section, the offenseshall be punished as a Class 1 misdemeanor. If there is damage to the propertyof another valued at two thousand five hundred dollars ($2,500) or more causedby the person's act in violation of this section, the offense shall be punishedas a Class I felony.

(c)        Any person whoseproperty or person is injured by reason of a violation of this section may suefor and recover any damages sustained and the costs of the suit pursuant toG.S. 1‑539.2A. (1999‑212, s. 3; 2000‑125, s. 7.)