(a)

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A felony15 to 60 yearsup to $50,000
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 39-14-602

  • Access: means to approach, instruct, communicate, or connect with, store data in, retrieve or intercept data from, or otherwise make use of any resources of a computer, computer system, or computer network, or information exchanged from any communication between computers or authorized computer users and electronic, electromagnetic, electrochemical, acoustic, mechanical, or other means. See Tennessee Code 39-14-601
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Authorization: means any and all forms of consent, including both implicit and explicit consent. See Tennessee Code 39-14-601
  • Computer: means a device or collection of devices, including its support devices, peripheral equipment, or facilities, and the communication systems connected to it which can perform functions including, but not limited to, substantial computation, arithmetic or logical operations, information storage or retrieval operations, capable of being used with external files, one (1) or more operations which contain computer programs, electronic instructions, allows for the input of data, and output data (such operations or communications can occur with or without intervention by a human operator during the processing of a job). See Tennessee Code 39-14-601
  • Computer network: means a set of two (2) or more computer systems that transmit data over communication circuits connecting them, and input/output devices including, but not limited to, display terminals and printers, which may also be connected to telecommunication facilities. See Tennessee Code 39-14-601
  • Computer program: means an ordered set of data that are coded instructions or statements that, when executed by a computer, cause the computer to process data. See Tennessee Code 39-14-601
  • Computer software: means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer, computer system, or computer network whether imprinted or embodied in the computer in any manner or separate from it, including the supporting materials for the software and accompanying documentation. See Tennessee Code 39-14-601
  • Computer system: means a set of connected devices including a computer and other devices including, but not limited to, one (1) or more of the following: data input, output, or storage devices, data communication circuits, and operating system computer programs that make the system capable of performing data processing tasks. See Tennessee Code 39-14-601
  • Data: means a representation of information, knowledge, facts, concepts, or instructions which is being prepared or has been prepared in a formalized manner, and is intended to be stored or processed, or is being stored or processed, or has been stored or processed in a computer, computer system, or computer network. See Tennessee Code 39-14-601
  • Fiduciary: A trustee, executor, or administrator.
  • Financial instrument: includes , but is not limited to, any check, cashier's check, draft, warrant, money order, certificate of deposit, negotiable instrument, letter of credit, bill of exchange, credit card, debit card, marketable security, or any computer system representation thereof. See Tennessee Code 39-14-601
  • Input: means data, facts, concepts, or instructions in a form appropriate for delivery to, or interpretation or processing by, a computer. See Tennessee Code 39-14-601
  • Knowing: means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. See Tennessee Code 39-11-106
  • Output: means data, facts, concepts or instructions produced or retrieved by computers from computers or computer memory storage devices. See Tennessee Code 39-14-601
  • Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
  • Property: shall include :
    (A) Real property. See Tennessee Code 39-14-601
  • Services: includes , but is not limited to, the use of a computer, a computer system, a computer network, computer software, computer program, or data to perform tasks. See Tennessee Code 39-14-601
(1) It is an offense to:

(A) Knowingly, directly, or indirectly access, cause to be accessed, or attempt to access any telephone system, telecommunications facility, computer software, computer program, data, computer, computer system, computer network, or any part thereof, for the purpose of:

(i) Obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses, representations, or promises;
(ii) Causing computer output to purposely be false for, but not limited to, the purpose of obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses, representations, or promises; or
(iii) Affecting the creation or alteration of a financial instrument or of an electronic transfer of funds with the intent to disrupt, alter, misappropriate, or commit fraud;
(B) Intentionally and without authorization, directly or indirectly:

(i) Alter, damage, destroy, or attempt to damage or destroy, or cause the disruption to the proper operation of any computer, or perform an act which is responsible for the disruption of any computer, computer system, computer network, computer software, program, or data which resides or exists internal or external to a computer, computer system, or computer network; or
(ii) Make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network; or
(C) Receive, conceal, use, or aid another in receiving, concealing, or using any proceeds resulting from a violation of this subsection (a), knowing the proceeds to be the result of such violation, or receive, conceal, use, or aid another in receiving, concealing, or using any books, records, documents, property, financial instrument, computer software, program, or other material, property, or objects, knowing that the item has been used in violating this subsection (a).
(2) A violation of this subsection (a) is subject to the penalties of § 39-14-105.
(b)

(1) It is an offense to intentionally and without authorization, directly or indirectly:

(A) Access any computer, computer system, or computer network;
(B) Introduce or be responsible for the malicious input of any computer contaminant into any computer, computer system, or computer network;
(C) Access, cause to be accessed, or attempt to access any computer software, computer network, or any part thereof, for the purpose of maliciously gaining access to computer material or to tamper maliciously with computer security devices; or
(D) Possess a computer contaminant.
(2) A violation of this subsection (b) is a Class A misdemeanor.
(c) Operating a computer network in such a way as to allow anonymous access to that network constitutes implicit consent to access under this part.
(d) Any person who violates this section in connection with an act of terrorism commits a Class A felony.
(e) Any person who accesses, causes to be accessed, or attempts to access a digital asset pursuant to the Revised Uniform Fiduciary Access to Digital Assets Act, compiled in title 35, chapter 8, is not in violation of this part.
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