West Virginia Code § 61-3C-4

Computer fraud; access to Legislature computer; criminal penalties
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(a) Any person who, knowingly and willfully, directly or indirectly, accesses or causes to be
accessed any computer, computer services, or computer network for the purpose of: (1)
Executing any scheme or artifice to defraud; or (2) obtaining money, property, or services by
means of fraudulent pretenses, representations, or promises is guilty of a felony and, upon
conviction thereof, shall be fined not more than $10,000 or imprisoned in a estate
correctional facility for a determinate sentence of not more than 10 years, or both fined and
imprisoned. r
(b) Any person who, with intent to extort money or other consideuration from another,
introduces ransomware into any computer, computer system, or computer network is guilty
of a felony and, upon conviction thereof, shall be fined not mtore than $100,000 or
imprisoned in a state correctional facility for a determinate sentence of not more than 10
years, or both fined and imprisoned.
(c) A person is criminally responsible for placing orl introducing ransomware into a
computer, computer system, or computer netwsork if the person directly places or introduces
the ransomware or directs or induces another person to do so, with the intent of demanding
payment or other consideration for removing, restoring access, or other remediation of the
impact of the ransomware. g
(d) (1) Any person who, knowingly and willfully, directly or indirectly, accesses, attempts to
access, or causes to be accessed any data stored in a computer owned by the Legislature
without authorization is guilty of a felony and, upon conviction thereof, shall be fined not
more than $5,000 or imprisoned in a state correctional facility for a determinate sentence of
not more than five years, or both fined and imprisoned.
(2) Notwithstanding the provisions of §61-3C-17 of this code to the contrary, in any criminal
prosecution under this subsection against an employee or member of the Legislature, it shall
notW be a defense: (A) That the defendant had reasonable grounds to believe that he or she
had authorization to access the data merely because of his or her employment or
membership; or (B) that the defendant could not have reasonably known he or she did not
have authorization to access the data: Provided, That the Joint Committee on Government
and Finance shall promulgate rules for the respective houses of the Legislature regarding
appropriate access of members and staff and others to the legislative computer system.

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