§ 156.10 Computer trespass.
- A person is guilty of computer trespass when he or she knowingly uses, causes to be used, or accesses a computer, computer service, or computer network without authorization and:
- 1. he or she does so with an intent to commit or attempt to commit or further the commission of any felony; or
- 2. he or she thereby knowingly gains access to computer material.
- Computer trespass is a class E felony.
In Virginia, computer trespass consists of, with malicious intent, copying, altering, or erasing data from a computer, causing a computer to malfunction, causing an electronic funds transfer, etc. The element of "malicious" intent was added by the Virginia General Assembly in 2005 by House Bill 2215. Civil liability can be imposed regardless of intent under the terms of § 18.2-152.12. The law bans unauthorized installation and use of software keyloggers but not specifically hardware keyloggers. There are felony provisions if damage is caused of $1,000 or more, or if software is installed in violation of this law on more than five computers of another.
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