§431. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 620 (NEW).]
1. "Access" means to gain logical entry into, instruct, communicate with, store data in or retrieve data from any computer resource.
[PL 1989, c. 620 (NEW).]
2. "Computer" means an electronic, magnetic, optical, electrochemical or other high-speed data processing device performing logical, arithmetic or storage functions and includes any data storage device or communications facility directly related to or operating in conjunction with the device.
[PL 2013, c. 297, §1 (AMD).]
3. "Computer information" means a representation of information, knowledge, facts, concepts or instructions that are confidential or proprietary, are being prepared or have been prepared from an organized set of data and are located in computer memory or on magnetic, optical or mechanical media transferable directly to or useable directly by a computer as a source of data or instructions.
[PL 1989, c. 620 (NEW).]
4. "Computer network" means a combination of one or more computers and communication facilities with the capability to transmit information among the devices or computers.
[PL 1989, c. 620 (NEW).]
5. "Computer program" means an ordered set of data representing coded instructions or statements that, when executed by a computer, cause the computer to process data.
[PL 1989, c. 620 (NEW).]
6. "Computer software" means a set of computer programs, procedures and associated documentation used in the operation of a computer system.
[PL 1989, c. 620 (NEW).]
7. "Computer system" means any combination of a computer or computers with the documentation, computer software or physical facilities supporting the computer.
[PL 1989, c. 620 (NEW).]
8. "Computer resource" means a computer program, computer software, computer system, computer network, computer information or any combination thereof.
[PL 1989, c. 620 (NEW).]
9. "Computer virus" means any computer instruction, information, data or program that degrades the performance of a computer resource; disables, damages or destroys a computer resource; or attaches itself to another computer resource and executes when the host computer program, data or instruction is executed or when some other event takes place in the host computer resource, data or instruction.
[PL 1989, c. 620 (NEW).]
9-A. "Criminal justice agency" means a governmental agency of the State or any subunit of a governmental agency of the State at any governmental level that performs the administration of criminal justice pursuant to statute. "Criminal justice agency" includes the Department of the Attorney General and district attorneys' offices. As used in this subsection, "administration of criminal justice" means activities relating to the investigation of all or specific crimes and the prosecution of offenders.
[PL 2013, c. 519, §7 (NEW).]
10. "Damage" means to destroy, alter, disrupt, delete, add, modify, or rearrange any computer resource by any means.
[PL 1989, c. 620 (NEW).]
10-A. "Data storage device" means any computer or accessory device, designed for or capable of storing digital media or data, including, but not limited to, installed or transportable hard drives, memory cards and servers.
[PL 2013, c. 297, §2 (NEW).]
11. "Not authorized" and "unauthorized" mean not having consent or permission of the owner, or person licensed or authorized by the owner to grant consent or permission, to access or use any computer resource, or accessing or using any computer resource in a manner exceeding the consent or permission.
[PL 1989, c. 620 (NEW).]
SECTION HISTORY
PL 1989, c. 620 (NEW). PL 2013, c. 297, §§1, 2 (AMD). PL 2013, c. 519, §7 (AMD).
Structure Maine Revised Statutes
TITLE 17-A: MAINE CRIMINAL CODE
17-A §432. Criminal invasion of computer privacy
17-A §433. Aggravated criminal invasion of computer privacy
17-A §434. Prosecution of invasion of computer privacy
17-A §435. Added jurisdiction to prosecute
17-A §436. Permanent destruction of computer data on a computer used in the commission of a crime