A. It is unlawful for any person, with malicious intent, or through intentionally deceptive means and without authority, to:
1. Temporarily or permanently remove, halt, or otherwise disable any computer data, computer programs or computer software from a computer or computer network;
2. Cause a computer to malfunction, regardless of how long the malfunction persists;
3. Alter, disable, or erase any computer data, computer programs or computer software;
4. Effect the creation or alteration of a financial instrument or of an electronic transfer of funds;
5. Use a computer or computer network to cause physical injury to the property of another;
6. Use a computer or computer network to 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;
7. [Repealed.]
8. Install or cause to be installed, or collect information through, computer software that records all or a majority of the keystrokes made on the computer of another; or
9. Install or cause to be installed on the computer of another, computer software for the purpose of (i) taking control of that computer so that it can cause damage to another computer or (ii) disabling or disrupting the ability of the computer to share or transmit instructions or data to other computers or to any related computer equipment or devices, including but not limited to printers, scanners, or fax machines.
B. Any person who violates this section is guilty of computer trespass, which is a Class 1 misdemeanor. Any person who violates this section for the purposes of affecting a computer that is exclusively for the use of, or exclusively used by or for, (i) the Commonwealth or any local government within the Commonwealth or any department or agency thereof or (ii) a provider of telephone, including wireless or voice over Internet protocol, oil, electric, gas, sewer, wastewater, or water service to the public is guilty of a Class 6 felony. If there is damage to the property of another valued at $1,000 or more caused by such person's act done with malicious intent in violation of this section, the offense is a Class 6 felony. If a person, with malicious intent, installs or causes to be installed computer software in violation of this section on more than five computers of another, the offense is a Class 6 felony. If a person violates subdivision A 8 with malicious intent, the offense is a Class 6 felony.
C. Nothing in this section shall be construed to interfere with or prohibit terms or conditions in a contract or license related to computers, computer data, computer networks, computer operations, computer programs, computer services, or computer software or to create any liability by reason of terms or conditions adopted by, or technical measures implemented by, a Virginia-based electronic mail service provider to prevent the transmission of unsolicited electronic mail in violation of this article. Nothing in this section shall be construed to prohibit the monitoring of the location of a minor or a person with a disability or mental impairment as those terms are defined in § 51.5-40.1 or to prohibit the monitoring of the computer usage of, the otherwise lawful copying of data of, or the denial of computer or Internet access to a minor by a parent or legal guardian of the minor. Nothing in this section shall be construed to require notice to a computer user of the activities of a computer hardware or software provider, an interactive computer service, or a telecommunications or cable operator that a reasonable computer user should expect may occur in the context of a computer user's transaction or relationship with that entity or that are required or specifically authorized by law.
1984, c. 751; 1985, c. 322; 1990, c. 663; 1998, c. 892; 1999, cc. 886, 904, 905; 2002, c. 195; 2003, cc. 987, 1016; 2005, cc. 761, 812, 827; 2007, c. 483; 2017, c. 562; 2020, c. 821.
Structure Code of Virginia
Title 18.2 - Crimes and Offenses Generally
Chapter 5 - Crimes Against Property
§ 18.2-77. Burning or destroying dwelling house, etc.
§ 18.2-78. What not deemed dwelling house
§ 18.2-79. Burning or destroying meeting house, etc.
§ 18.2-80. Burning or destroying any other building or structure
§ 18.2-81. Burning or destroying personal property, standing grain, etc.
§ 18.2-84. Causing, inciting, etc., commission of act proscribed by § 18.2-83
§ 18.2-86. Setting fire to woods, fences, grass, etc.
§ 18.2-87. Setting woods, etc., on fire intentionally whereby another is damaged or jeopardized
§ 18.2-87.1. Setting off chemical bombs capable of producing smoke in certain public buildings
§ 18.2-88. Carelessly damaging property by fire
§ 18.2-89. Burglary; how punished
§ 18.2-92. Breaking and entering dwelling house with intent to commit other misdemeanor
§ 18.2-93. Entering bank, armed, with intent to commit larceny
§ 18.2-94. Possession of burglarious tools, etc.
§ 18.2-95. Grand larceny defined; how punished
§ 18.2-96. Petit larceny defined; how punished
§ 18.2-96.1. Identification of certain personalty
§ 18.2-97. Larceny of certain animals and poultry
§ 18.2-97.1. Removal of a transmitting device; penalty
§ 18.2-98. Larceny of bank notes, checks, etc., or any book of accounts
§ 18.2-99. Larceny of things fixed to the freehold
§ 18.2-100. Removal of crop by tenant before rents and advances are satisfied
§ 18.2-101. Selling, etc., of goods distrained or levied on
§ 18.2-102.1. Removal of shopping cart from store premises
§ 18.2-102.2. Unauthorized use of dairy milk cases or milk crates; penalty
§ 18.2-104.1. Liability upon conviction under § 18.2-103
§ 18.2-105.1. Detention of suspected shoplifter
§ 18.2-106. "Agents of the merchant" defined
§ 18.2-107. Theft or destruction of public records by others than officers
§ 18.2-108. Receiving, etc., stolen goods
§ 18.2-108.01. Larceny with intent to sell or distribute; sale of stolen property; penalty
§ 18.2-108.1. Receipt of stolen firearm
§ 18.2-109. Receipt or transfer of possession of stolen vehicle, aircraft or boat
§ 18.2-111. Embezzlement deemed larceny; indictment
§ 18.2-111.2. Failure to pay withheld child support; embezzlement
§ 18.2-112.1. Misuse of public assets; penalty
§ 18.2-114.1. When collection of money by commissioner, etc., larceny
§ 18.2-115.1. Unlawful sublease of a motor vehicle; penalty
§ 18.2-116. Failure to pay for or return goods delivered for selection or approval
§ 18.2-117. Failure of bailee to return animal, aircraft, vehicle or boat
§ 18.2-118. Fraudulent conversion or removal of leased personal property
§ 18.2-119. Trespass after having been forbidden to do so; penalties
§ 18.2-119.1. Validity of signs forbidding trespass; penalty
§ 18.2-121. Entering property of another for purpose of damaging it, etc.
§ 18.2-121.1. Permitting certain animals to run at large
§ 18.2-121.2. Trespass by spotlight on agricultural land
§ 18.2-121.3. Trespass with an unmanned aircraft system; penalty
§ 18.2-124. Jurisdiction over offenses committed in Capitol Square
§ 18.2-125. Trespass at night upon any cemetery
§ 18.2-126. Violation of sepulture; defilement of a dead human body; penalties
§ 18.2-127. Injuries to churches, church property, cemeteries, burial grounds, etc.; penalty
§ 18.2-128. Trespass upon church or school property
§ 18.2-130. Peeping or spying into dwelling or enclosure
§ 18.2-130.1. Peeping or spying into dwelling or occupied building by electronic device; penalty
§ 18.2-131. Trespass upon licensed shooting preserve
§ 18.2-132. Trespass by hunters and fishers
§ 18.2-132.1. Trespass by hunters using dogs; penalty
§ 18.2-133. Refusal of person on land, etc., of another to identify himself
§ 18.2-134. Trespass on posted property
§ 18.2-134.1. Method of posting lands
§ 18.2-135. Destruction of posted signs; posting land of another
§ 18.2-136.1. Enforcement of §§ 18.2-131 through 18.2-135
§ 18.2-137. Injuring, etc., any property, monument, etc.
§ 18.2-138. Damaging public buildings, etc.; penalty
§ 18.2-139. Injuries to trees, fences or herbage on grounds of Capitol, or in any public square
§ 18.2-140. Destruction of trees, shrubs, etc.
§ 18.2-141. Cutting or destroying trees; carrying axe, saw, etc., while hunting
§ 18.2-143. Pulling down fences or leaving open gates
§ 18.2-144. Maiming, killing or poisoning animals, fowl, etc.
§ 18.2-144.1. Prohibition against killing or injuring police animals; penalty
§ 18.2-145. Protection of homing pigeons
§ 18.2-145.1. Damaging or destroying research farm product; penalty; restitution
§ 18.2-147.2. Devices for puncturing motor vehicle tires
§ 18.2-148. Bona fide repossession under lien
§ 18.2-149. Injury to hired animal, aircraft, vehicle or boat
§ 18.2-150. Willfully destroying vessel, etc.
§ 18.2-151. Opening or carrying away pumps, etc., used for dispensing gasoline, etc.
§ 18.2-151.1. Injuring, destroying, removing, or tampering with firefighting equipment; penalty
§ 18.2-152. Stealing from or tampering with parking meter, vending machine, pay telephone, etc.
§ 18.2-152.2. Definitions; computer crimes
§ 18.2-152.3. Computer fraud; penalty
§ 18.2-152.3:1. Transmission of unsolicited commercial electronic mail (spam); penalty
§ 18.2-152.4. Computer trespass; penalty
§ 18.2-152.5. Computer invasion of privacy; penalties
§ 18.2-152.5:1. Using a computer to gather identifying information; penalties
§ 18.2-152.6. Theft of computer services; penalties
§ 18.2-152.7. Personal trespass by computer; penalty
§ 18.2-152.7:1. Harassment by computer; penalty
§ 18.2-152.7:2. Using computer to commit a scheme involving false representations; penalty
§ 18.2-152.8. Property capable of embezzlement
§ 18.2-152.11. Article not exclusive
§ 18.2-152.12. Civil relief; damages
§ 18.2-152.14. Computer as instrument of forgery
§ 18.2-152.15. Encryption used in criminal activity
§ 18.2-152.17. Fraudulent procurement, sale, or receipt of telephone records
§ 18.2-153. Obstructing or injuring canal, railroad, power line, etc.
§ 18.2-154. Shooting at or throwing missiles, etc., at train, car, vessel, etc.; penalty
§ 18.2-155. Injuring, etc., signal used by railroad
§ 18.2-156. Taking or removing waste or packing from journal boxes
§ 18.2-157. Injury to fences or cattle stops along line of railroad
§ 18.2-158. Driving, etc., animal on track to recover damages
§ 18.2-159. Trespassing on railroad track
§ 18.2-160. Trespassing on railroad trains
§ 18.2-160.2. Trespassing on public transportation; penalty
§ 18.2-160.3. Fare enforcement inspectors; failure to produce proof of payment of fare; penalty
§ 18.2-162. Damage or trespass to public services or utilities
§ 18.2-162.1. Diverting wastewater line; diverting or wasting public water supply
§ 18.2-163. Tampering with metering device; diverting service; civil liability
§ 18.2-165. Unlawful use of, or injury to, television or radio signals and equipment
§ 18.2-165.1. Tampering with or unlawful use of cable television service
§ 18.2-165.2. Unlawful interference with emergency two-way radio communications; penalty
§ 18.2-167. Selling or transferring certain telephonic instruments
§ 18.2-167.1. Interception or monitoring of customer telephone calls; penalty