Terms Used In West Virginia Code > Chapter 61 > Article 3C - West Virginia Computer Crime and Abuse Act

• 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
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Authorization: means the express or implied consent given by a person to another to access or use said person's computer, computer network, computer program, computer software, computer system, password, identifying code, or personal identification number. 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 contaminant: means any set of computer instructions that are designed to damage or destroy information within a computer, computer system, or computer network without the consent or permission of the owner of the information. 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 operations: means arithmetic, logical, storage, display, monitoring, or retrieval functions or any combination thereof and includes, but is not limited to, communication with, storage of data in or to, or retrieval of data from any device, and the human manual manipulation of electronic magnetic impulses. 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 resources: includes , but is not limited to, information retrieval. See West Virginia Code 61-3C-3
• Computer services: means computer access time, computer data processing, or computer data storage, and the computer data processed or stored in connection therewith. 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
• Computer supplies: means punch cards, paper tape, magnetic tape, magnetic disks or diskettes, optical disks or diskettes, disk or diskette packs, paper, microfilm, and any other tangible input, output, or storage medium used in connection with a computer, computer network, computer data, computer software, or computer program. See West Virginia Code 61-3C-3
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Financial instrument: includes , but is not limited to, a check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security, or any computerized representation thereof. See West Virginia Code 61-3C-3
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
• Owner: means any person who owns or leases or is a licensee of a computer, computer network, computer data, computer program, computer software, computer resources, or computer supplies. See West Virginia Code 61-3C-3
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Property: includes :

  (A) Real property. See West Virginia Code 61-3C-3

• Ransomware: means a computer contaminant, or lock placed or introduced without authorization into a computer, computer system, or computer network that restricts access by an authorized user to the computer, computer system, computer network, or any data therein under circumstances in which the person responsible for the placement or introduction of the ransomware demands payment of money or other consideration to remove the computer contaminant, restore access to the computer, computer system, computer network, or data, or otherwise remediate the impact of the computer contaminant or lock. See West Virginia Code 61-3C-3
• State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
• Statute: A law passed by a legislature.
• Value: means having any potential to provide any direct or indirect gain or advantage to any person. See West Virginia Code 61-3C-3
• Venue: The geographical location in which a case is tried.