2025 Georgia Codes – Page 109

16-9-92

Computer crime - Definitions

16-9-93

Computer crime

Computer crimesHackingTheft - By computer

(a) Computer theft. Any person who uses a computer or computer network with knowledge that such use is
without authority and with the intention of:
(1) Taking or appropriating any property of another, whether or not with the intention of depriving the owner
of possession;
(2) Obtaining property by any deceitful means or artful practice; or
(3) Converting property to such person’s use in violation of an agreement or other known legal obligation to
make a specified application or disposition of such property shall be guilty of the crime of computer theft.
(b) Computer Trespass. Any person who uses a computer or computer network with knowledge that such use
is without authority and with the intention of:
(1) Deleting or in any way removing, either temporarily or permanently, any computer program or data from
a computer or computer network;
(2) Obstructing, interrupting, or in any way interfering with the use of a computer program or data; or
(3) Altering, damaging, or in any way causing the malfunction of a computer, computer network, or com-
puter program, regardless of how long the alteration, damage, or malfunction persists shall be guilty of the
crime of computer trespass.
(c) Computer Invasion of Privacy. Any person who uses a computer or computer network with the intention
of examining any employment, medical, salary, credit, or any other financial or personal data relating to any
other person with knowledge that such examination is without authority shall be guilty of the crime of com-
puter invasion of privacy.
(d) Computer Forgery. Any person who creates, alters, or deletes any data contained in any computer or com-
puter network, who, if such person had created, altered, or deleted a tangible document or instrument would
have committed forgery under Article 1 of this chapter, shall be guilty of the crime of computer forgery. The
absence of a tangible writing directly created or altered by the offender shall not be a defense to the crime of
computer forgery if a creation, alteration, or deletion of data was involved in lieu of a tangible document or
instrument.
(e) Computer Password Disclosure. Any person who discloses a number, code, password, or other means
of access to a computer or computer network knowing that such disclosure is without authority and which
results in damages (including the fair market value of any services used and victim expenditure) to the
owner of the computer or computer network in excess of $500.00 shall be guilty of the crime of computer
password disclosure.
(f) Article not Exclusive. The provisions of this article shall not be construed to preclude the applicability
of any other law which presently applies or may in the future apply to any transaction or course of conduct
which violates this article.
(g) Civil Relief; Damages.
(1) Any person whose property or person is injured by reason of a violation of any provision of this article
may sue therefor and recover for any damages sustained and the costs of suit. Without limiting the general-
ity of the term, “damages” shall include loss of profits and victim expenditure.
(2) At the request of any party to an action brought pursuant to this Code section, the court shall by reason-
able means conduct all legal proceedings in such a way as to protect the secrecy and security of any com-
puter, computer network, data, or computer program involved in order to prevent possible recurrence of the
same or a similar act by another person and to protect any trade secrets of any party.
(3) The provisions of this article shall not be construed to limit any person’s right to pursue any additional
civil remedy otherwise allowed by law.
(4) A civil action under this Code section must be brought within four years after the violation is discovered
or by exercise of reasonable diligence should have been discovered. For purposes of this article, a continu-
ing violation of any one subsection of this Code section by any person constitutes a single violation by such
person.
(h) Criminal Penalties.
(1) Any person convicted of the crime of computer theft, computer trespass, computer invasion of privacy, or
computer forgery shall be fined not more than $50,000.00 or imprisoned not more than 15 years, or both.
(2) Any person convicted of computer password disclosure shall be fined not more than $5,000.00 or incar-
cerated for a period not to exceed one year, or both.

16-9-109.1

Computer crime - Email to obtain ID information