State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-453

Article 60.

Computer‑RelatedCrime.

§ 14‑453.  Definitions.

As used in this Article,unless the context clearly requires otherwise, the following terms have themeanings specified:

(1)        "Access"means to instruct, communicate with, cause input, cause output, cause dataprocessing, or otherwise make use of any resources of a computer, computersystem, or computer network.

(1a)      "Authorization"means having the consent or permission of the owner, or of the person licensedor authorized by the owner to grant consent or permission to access a computer,computer system, or computer network in a manner not exceeding the consent orpermission.

(1b)      "Commercialelectronic mail" means messages sent and received electronicallyconsisting of commercial advertising material, the principal purpose of whichis to promote the for‑profit sale or lease of goods or services to therecipient.

(2)        "Computer"means an internally programmed, automatic device that performs data processingor telephone switching.

(3)        "Computernetwork" means the interconnection of communication systems with acomputer through remote terminals, or a complex consisting of two or moreinterconnected computers or telephone switching equipment.

(4)        "Computerprogram" means an ordered set of data that are coded instructions orstatements that when executed by a computer cause the computer to process data.

(4a)      "Computerservices" means computer time or services, including data processingservices, Internet services, electronic mail services, electronic messageservices, or information or data stored in connection with any of theseservices.

(5)        "Computersoftware" means a set of computer programs, procedures and associateddocumentation concerned with the operation of a computer, computer system, orcomputer network.

(6)        "Computersystem" means at least one computer together with a set of related,connected, or unconnected peripheral devices.

(6a)      "Data"means a representation of information, facts, knowledge, concepts, orinstructions prepared in a formalized or other manner and intended for use in acomputer, computer system, or computer network. Data may be embodied in anyform including computer printouts, magnetic storage media, optical storagemedia, and punch cards, or may be stored internally in the memory of acomputer.

(6b)      "Electronicmail" means the same as the term is defined in G.S. 14‑196.3(a)(2).

(6c)      "Electronic mailservice provider" means any person who (i) is an intermediary in sendingor receiving electronic mail and (ii) provides to end users of electronic mailservices the ability to send or receive electronic mail.

(7)        "Financialinstrument" includes any check, draft, money order, certificate ofdeposit, letter of credit, bill of exchange, credit card or marketablesecurity, or any electronic data processing representation thereof.

(7a)      "Governmentcomputer" means any computer, computer program, computer system, computernetwork, or any part thereof, that is owned, operated, or used by any State orlocal governmental entity.

(7b)      "Internet chatroom" means a computer service allowing two or more users to communicatewith each other in real time.

(7c)      "Profile"means a configuration of user data required by a computer so that the user mayaccess programs or services and have the desired functionality on thatcomputer.

(8)        "Property"includes financial instruments, information, including electronically processedor produced data, and computer software and computer programs in either machineor human readable form, and any other tangible or intangible item of value.

(8a)      "Resource"includes peripheral devices, computer software, computer programs, and data,and means to be a part of a computer, computer system, or computer network.

(9)        "Services"includes computer time, data processing and storage functions.

(10)      "Unsolicited"means not addressed to a recipient with whom the initiator has an existingbusiness or personal relationship and not sent at the request of, or with theexpress consent of, the recipient.  (1979, c. 831, s. 1; 1993 (Reg. Sess., 1994), c. 764,s. 1; 1999‑212, s. 2; 2000‑125, s. 3; 2002‑157, s. 1; 2009‑551,s. 2.)

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-453

Article 60.

Computer‑RelatedCrime.

§ 14‑453.  Definitions.

As used in this Article,unless the context clearly requires otherwise, the following terms have themeanings specified:

(1)        "Access"means to instruct, communicate with, cause input, cause output, cause dataprocessing, or otherwise make use of any resources of a computer, computersystem, or computer network.

(1a)      "Authorization"means having the consent or permission of the owner, or of the person licensedor authorized by the owner to grant consent or permission to access a computer,computer system, or computer network in a manner not exceeding the consent orpermission.

(1b)      "Commercialelectronic mail" means messages sent and received electronicallyconsisting of commercial advertising material, the principal purpose of whichis to promote the for‑profit sale or lease of goods or services to therecipient.

(2)        "Computer"means an internally programmed, automatic device that performs data processingor telephone switching.

(3)        "Computernetwork" means the interconnection of communication systems with acomputer through remote terminals, or a complex consisting of two or moreinterconnected computers or telephone switching equipment.

(4)        "Computerprogram" means an ordered set of data that are coded instructions orstatements that when executed by a computer cause the computer to process data.

(4a)      "Computerservices" means computer time or services, including data processingservices, Internet services, electronic mail services, electronic messageservices, or information or data stored in connection with any of theseservices.

(5)        "Computersoftware" means a set of computer programs, procedures and associateddocumentation concerned with the operation of a computer, computer system, orcomputer network.

(6)        "Computersystem" means at least one computer together with a set of related,connected, or unconnected peripheral devices.

(6a)      "Data"means a representation of information, facts, knowledge, concepts, orinstructions prepared in a formalized or other manner and intended for use in acomputer, computer system, or computer network. Data may be embodied in anyform including computer printouts, magnetic storage media, optical storagemedia, and punch cards, or may be stored internally in the memory of acomputer.

(6b)      "Electronicmail" means the same as the term is defined in G.S. 14‑196.3(a)(2).

(6c)      "Electronic mailservice provider" means any person who (i) is an intermediary in sendingor receiving electronic mail and (ii) provides to end users of electronic mailservices the ability to send or receive electronic mail.

(7)        "Financialinstrument" includes any check, draft, money order, certificate ofdeposit, letter of credit, bill of exchange, credit card or marketablesecurity, or any electronic data processing representation thereof.

(7a)      "Governmentcomputer" means any computer, computer program, computer system, computernetwork, or any part thereof, that is owned, operated, or used by any State orlocal governmental entity.

(7b)      "Internet chatroom" means a computer service allowing two or more users to communicatewith each other in real time.

(7c)      "Profile"means a configuration of user data required by a computer so that the user mayaccess programs or services and have the desired functionality on thatcomputer.

(8)        "Property"includes financial instruments, information, including electronically processedor produced data, and computer software and computer programs in either machineor human readable form, and any other tangible or intangible item of value.

(8a)      "Resource"includes peripheral devices, computer software, computer programs, and data,and means to be a part of a computer, computer system, or computer network.

(9)        "Services"includes computer time, data processing and storage functions.

(10)      "Unsolicited"means not addressed to a recipient with whom the initiator has an existingbusiness or personal relationship and not sent at the request of, or with theexpress consent of, the recipient.  (1979, c. 831, s. 1; 1993 (Reg. Sess., 1994), c. 764,s. 1; 1999‑212, s. 2; 2000‑125, s. 3; 2002‑157, s. 1; 2009‑551,s. 2.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-453

Article 60.

Computer‑RelatedCrime.

§ 14‑453.  Definitions.

As used in this Article,unless the context clearly requires otherwise, the following terms have themeanings specified:

(1)        "Access"means to instruct, communicate with, cause input, cause output, cause dataprocessing, or otherwise make use of any resources of a computer, computersystem, or computer network.

(1a)      "Authorization"means having the consent or permission of the owner, or of the person licensedor authorized by the owner to grant consent or permission to access a computer,computer system, or computer network in a manner not exceeding the consent orpermission.

(1b)      "Commercialelectronic mail" means messages sent and received electronicallyconsisting of commercial advertising material, the principal purpose of whichis to promote the for‑profit sale or lease of goods or services to therecipient.

(2)        "Computer"means an internally programmed, automatic device that performs data processingor telephone switching.

(3)        "Computernetwork" means the interconnection of communication systems with acomputer through remote terminals, or a complex consisting of two or moreinterconnected computers or telephone switching equipment.

(4)        "Computerprogram" means an ordered set of data that are coded instructions orstatements that when executed by a computer cause the computer to process data.

(4a)      "Computerservices" means computer time or services, including data processingservices, Internet services, electronic mail services, electronic messageservices, or information or data stored in connection with any of theseservices.

(5)        "Computersoftware" means a set of computer programs, procedures and associateddocumentation concerned with the operation of a computer, computer system, orcomputer network.

(6)        "Computersystem" means at least one computer together with a set of related,connected, or unconnected peripheral devices.

(6a)      "Data"means a representation of information, facts, knowledge, concepts, orinstructions prepared in a formalized or other manner and intended for use in acomputer, computer system, or computer network. Data may be embodied in anyform including computer printouts, magnetic storage media, optical storagemedia, and punch cards, or may be stored internally in the memory of acomputer.

(6b)      "Electronicmail" means the same as the term is defined in G.S. 14‑196.3(a)(2).

(6c)      "Electronic mailservice provider" means any person who (i) is an intermediary in sendingor receiving electronic mail and (ii) provides to end users of electronic mailservices the ability to send or receive electronic mail.

(7)        "Financialinstrument" includes any check, draft, money order, certificate ofdeposit, letter of credit, bill of exchange, credit card or marketablesecurity, or any electronic data processing representation thereof.

(7a)      "Governmentcomputer" means any computer, computer program, computer system, computernetwork, or any part thereof, that is owned, operated, or used by any State orlocal governmental entity.

(7b)      "Internet chatroom" means a computer service allowing two or more users to communicatewith each other in real time.

(7c)      "Profile"means a configuration of user data required by a computer so that the user mayaccess programs or services and have the desired functionality on thatcomputer.

(8)        "Property"includes financial instruments, information, including electronically processedor produced data, and computer software and computer programs in either machineor human readable form, and any other tangible or intangible item of value.

(8a)      "Resource"includes peripheral devices, computer software, computer programs, and data,and means to be a part of a computer, computer system, or computer network.

(9)        "Services"includes computer time, data processing and storage functions.

(10)      "Unsolicited"means not addressed to a recipient with whom the initiator has an existingbusiness or personal relationship and not sent at the request of, or with theexpress consent of, the recipient.  (1979, c. 831, s. 1; 1993 (Reg. Sess., 1994), c. 764,s. 1; 1999‑212, s. 2; 2000‑125, s. 3; 2002‑157, s. 1; 2009‑551,s. 2.)