Tuesday, October 7, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB385: Computer invasion of privacy; personal information.
Be it enacted by the General Assembly of Virginia:
1. That § 18.2-152.5 of the Code of Virginia is amended and reenacted as follows:
§ 18.2-152.5. Computer invasion of privacy; penalties.
A. A person is guilty of the crime of computer invasion of
privacy when he uses a computer or computer network and intentionally examines
without authority any employment, salary, credit or any other financial or
identifying information, as defined in clauses (iii) (i)
through (xiii) of subsection C of § 18.2-186.3, or any other
personal information relating to any
other person. "Examination" under this section requires the offender
to review the information relating to any other person after the time at which
the offender knows or should know that he is without authority to view the
information displayed.
B. The crime of computer invasion of privacy shall be punishable as a Class 1 misdemeanor.
C. Any person who violates this section after having been previously convicted of a violation of this section or any substantially similar laws of any other state or of the United States is guilty of a Class 6 felony.
D. Any person who violates this section and sells or distributes such information to another is guilty of a Class 6 felony.
E. Any person who violates this section and uses such information in the commission of another crime is guilty of a Class 6 felony.
F. This section shall not apply to any person collecting information that is reasonably needed to (i) protect the security of a computer, computer service, or computer business, or to facilitate diagnostics or repair in connection with such computer, computer service, or computer business or (ii) determine whether the computer user is licensed or authorized to use specific computer software or a specific computer service.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.