INTRODUCTION
The "Georgia Computer Systems Protection Act" is an act enacted
by the 1991 Georgia General Assembly and signed into law by the
Governor effective July 1, 1991 which repealed and replaced an
act having the same name enacted by the 1981 Georgia General
Assembly and signed into law by the Governor effective
July 1, 1981. This act establishes certain acts involving
computer fraud or abuse as crimes punishable by defined fines
or imprisonment or both.
AN ACT
To amend Chapter 9 of Title 16 of the Official Code of Georgia
Annotated, relating to crimes involving forgery and fraudulent
practices, so as to repeal the existing "Georgia Computer
Systems Protection Act" and enact a new "Georgia Computer
Systems Protection Act" to provide for legislative intent to
provide for definitions to provide for criminal liability and
penalties for the crimes of computer theft, computer trespass,
computer invasion of privacy, computer forgery, and computer
password disclosure to provide for civil remedies and damages
to provide for venue to provide for other related matters to
provide an effective date to repeal conflicting laws and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 16 of the Official Code of
Georgia Annotated, relating to crimes involving
forgery and fraudulent practices, is amended by
repealing in its entirety Article 6, the
"Georgia Computer Systems Protection Act," and
inserting in its place a new Article 6 to read
as follows:
"ARTICLE 6
16-9-90. This article may be cited as the 'Georgia Computer
Systems Protection Act.'
16-9-91. The General Assembly finds that:
(1) Computer related crime is a growing problem in
the government and in the private sector
(2) Such crime occurs at great cost to the public,
since losses for each incident of computer crime
tend to be far greater than the losses
associated with each incident of other white
collar crime
(3) The opportunities for computer related crimes in
state programs, and in other entities which
operate within the state, through the
introduction of fraudulent records into a
computer system, unauthorized use of computer
facilities, alteration or destruction of
computerized information files, and stealing of
financial instruments, data, or other assets are
great
(4) Computer related crime operations have a direct
effect on state commerce
(5) Liability for computer crimes should be imposed
on all persons, as that term is defined in this
title and
(6) The prosecution of persons engaged in computer
related crime is difficult under previously
existing Georgia criminal statutes.
16-9-92. As used in this article, the term:
(1) 'Computer' means an electronic, magnetic,
optical, electrochemical, or other high-speed
data processing device or system performing
computer operations with or on data and includes
any data storage facility or communications
facility directly related to or operating in
conjunction with such device but such term does
not include an automated typewriter or
typesetter, portable hand-held calculator,
household appliance, or other similar device
that is not used to communicate with or to
manipulate any other computer.
(2) 'Computer network' means a set of related,
remotely connected computers and any
communications facilities with the function and
purpose of transmitting data among them through
the communications facilities.
(3) 'Computer operation' means computing,
classifying, transmitting, receiving,
retrieving, originating, switching, storing,
displaying, manifesting, measuring, detecting,
recording, reproducing, handling, or utilizing
any form of data for business, scientific,
control, or other purposes.
(4) 'Computer program' means one or more statements
or instructions composed and structured in a
form acceptable to a computer that, when
executed by a computer in actual or modified
form, cause the computer to perform one or more
computer operations. The term 'computer program'
shall include all associated procedures and
documentation, whether or not such procedures
and documentation are in human readable form.
(5) 'Data' includes any representation of
information, intelligence, or data in any fixed
medium, including documentation, computer
printouts, magnetic storage media, punched
cards, storage in a computer, or transmission by
a computer network.
(6) 'Financial instruments' includes any check,
draft, money order, note, certificate of
deposit, letter of credit, bill of exchange,
credit or debit card, transaction-authorizing
mechanism or marketable security, or any
computer representation thereof.
(7) 'Property' includes computers, computer
networks, computer programs, data, financial
instruments, and services.
(8) 'Services' includes computer time or services or
data processing services.
(9) 'Use' includes causing or attempting to cause:
(A) A computer or computer network to perform
or to stop performing computer operations
(B) The obstruction, interruption, malfunction,
or denial of the use of a computer,
computer network, computer program, or
data or
(C) A person to put false information into a
computer.
(10) 'Victim expenditure' means any expenditure
reasonably and necessarily incurred by the owner
to verify that a computer, computer network,
computer program, or data was or was not
altered, deleted, damaged, or destroyed by
unautho
struments, and services.
(8) 'Services' includes computer time or services or
data processing services.
(9) 'Use' includes causing or attempting to cause:
(A) A computer or computer network to perform
or to stop performing computer operations
(B) The obstruction, interruption, malfunction,
or denial of the use of a computer,
computer network, computer program, or
data or
(C) A person to put false information into a
computer.
(10) 'Victim expenditure' means any expenditure
reasonably and necessarily incurred by the owner
to verify that a computer, computer network,
computer program, or data was or was not
altered, deleted, damaged, or destroyed by
unautho
A)gain N)ext R)eply E)xit Command:Next
Message Forum: Our Free-NetMessage # 1 of 1
From: SYSOPPosted at 9:33 PM 11/12/95
To: Times read: 93
Topic: Obscene Materials to Minors
Subject:Obscene Materials to Minors
Tuesday, March 07, 1995 08:18:25 PM
Our Free-Net Item
From: Administrator
Subject: Obscene Materials to Minors.
To: Administration Building
A BILL TO BE ENTITLED AN ACT
To amend Part 2 of Article 3 of Chapter 12 of Title l6 of the Official
Code of Georgia Annotated, relating to offenses related to minors
generally, so as to define the crime of electronically furnishing obscene
material to minors to define certain terms to provide a penalty to
repeal conflicting laws and for other purposes.
Press Return to Continue, C for Continuous, Cntrl-C to abort...
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 3 of Chapter 12 of Title l6 of the Official
Code of Georgia Annotated, relating to offenses related to minors generally,
is amended by adding following Code Section l6-12-100 a new Code Section l6-
12-100.1 to read as follows:
"16-12-100.1. (a) As used in this Code section, the term:
(1) Bulletin board systems' means a computer data and file service that is
accessed by telephone line to store and transmit information.
(2) 'CD-ROM' means a compact disc with read only memory which has the capacity
to store audio, video, and written materials and is used by computers to
reveal the above-said material.
(3) 'Electronically furnishes' means:
(A) To make available by electronic storage device, including floppy disks
and other magnetic storage devices, or by CD-ROM
or
(B) To make available by allowing access to information stored in a
computer, including making material available by operating a
computer bulletin board.
(4) Harmful to minors' means that quality of description or representation, in
whatever form, of nudity, sexual conduct, sexual excitement, or
sadomasochistic abuse when it:
(A) Taken as a whole, predominantly appeals to the prurient, shameful, or
morbid interest of minors
(B) Is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable material for minors and
(C) Is, when taken as a whole, lacking in serious literary, artistic,
political, or scientific value for minors.
(5) 'Minor' means an unmarried person younger than 18 years of age.
(6) 'Sadomasochistic abuse' means flagellation or torture by or upon a person
who is nude or clad in undergarments or in revealing or bizarre costume
or the condition of being fettered, bound, or otherwise physically
restrained on the part of one so clothed.
(7) 'Sexual conduct' means human masturbation, sexual intercourse, or and
touching of the genitals, pubic areas, or buttocks of the human male or
female or the breasts of the female, whether alone or between members of
the same or opposite sex or between humans and animals in an act of
apparent sexual stimulation or gratification.
(8) 'Sexual excitement' means the condition of human male or female genitals
or the breasts of the female when in a state of sexual stimulation.
(b) A person commits the crime of electronically furnishing obscene
materials to minors if:
(1) Knowing or having good reason to know the character of the
material furnished, the person electronically furnishes to an
individual whom the person knows or should have known is a minor:
(A) Any picture, photograph, drawing, or similar visual
representation or image of a person or portion of a human body
which depicts sexually explicit nudity, sexual conduct, or
sadomasochistic abuse and which is harmful to minors or
(B) Any written or aural matter that contains material of the
nature described in subparagraph (A) of this paragraph or
contains explicit verbal descriptions or narrative accounts of
sexual conduct, sexual excitement, or sadomasochistic abuse
(2) The offensive portions of the material electronically furnished to
the minor are not merely an incidental part of an otherwise
nonoffending whole
(3) The material furnished to the minor, taken as a whole, lacks
serious literary, artistic, political or scientific value and
(4) The material furnished to the minor, taken as a whole, is harmful
to minors in that it appeals to and incites prurient interest.
(c) Any person who violates this Code section shall be guilty of a
misdemeanor of a high and aggravated nature."
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
.
of a
misdemeanor of a high and aggravated nature."
Section 2. All laws and parts of laws in conflict with this Act are
repealed.
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