West Virginia Code § 61-3C-17

Defenses to criminal prosecution
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(a) In any criminal prosecution under this article, it shall be a defense that:
(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. l

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