West Virginia Code 61-3C-17 – Defenses to criminal prosecution
(a) In any criminal prosecution under this article, it shall be a defense that:
Terms Used In West Virginia Code 61-3C-17
- Access: means to instruct, communicate with, store data in, retrieve data from, intercept data from, or otherwise make use of any computer, computer network, computer program, computer software, computer data, or other computer resources. See West Virginia Code 61-3C-3
- computer: includes any connected or directly related device, equipment, or facility which enables the computer to store, retrieve, or communicate computer programs, computer data, or the results of computer operations to or from a person, another computer, or another device, file servers, mainframe systems, desktop personal computers, laptop personal computers, tablet personal computers, cellular telephones, game consoles, and any other electronic data storage device or equipment, but such term does not include an automated typewriter or typesetter, a portable hand-held calculator, or other similar device. See West Virginia Code 61-3C-3
- Computer data: means any representation of knowledge, facts, concepts, instruction, or other information computed, classified, processed, transmitted, received, retrieved, originated, stored, manifested, measured, detected, recorded, reproduced, handled, or utilized by a computer, computer network, computer program, or computer software, and may be in any medium, including, but not limited to, computer printouts, microfilm, microfiche, magnetic storage media, optical storage media, punch paper tape, or punch cards, or it may be stored internally in read-only memory or random access memory of a computer or any other peripheral device. See West Virginia Code 61-3C-3
- Computer network: means a set of connected devices and communication facilities, including more than one computer, with the capability to transmit computer data among them through such communication facilities. See West Virginia Code 61-3C-3
- Computer program: means an ordered set of computer data representing instructions or statements, in a form readable by a computer, which controls, directs, or otherwise influences the functioning of a computer or computer network. See West Virginia Code 61-3C-3
- Computer software: means a set of computer programs, procedures, and associated documentation concerned with computer data or with the operation of a computer, computer program, or computer network. See West Virginia Code 61-3C-3
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: means any natural person, general partnership, limited partnership, trust, association, corporation, joint venture, or any state, county, or municipal government and any subdivision, branch, department, or agency thereof. See West Virginia Code 61-3C-3
(1) The defendant had reasonable grounds to believe that he had authority to access or could not have reasonably known he did not have authority to access the computer, computer network, computer data, computer program or computer software in question; or,
(2) The defendant had reasonable grounds to believe that he had the right to alter or destroy the computer data, computer software or computer program in question; or,
(3) The defendant had reasonable grounds to believe that he had the right to copy, reproduce, duplicate or disclose the computer data, computer program, computer security system information or computer software in question.
(b) Nothing in this section shall be construed to limit any defense available to a person charged with a violation of this article.