GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999

HOUSE BILL 813
RATIFIED BILL

AN ACT TO MAKE CYBERSTALKING A CRIMINAL OFFENSE, CLARIFY THE CRIMINAL ACT OF INTRODUCING COMPUTER VIRUSES, AND TO PERMIT DOMESTIC VIOLENCE ABUSER TREATMENT AS A SPECIAL CONDITION OF PROBATION IN CERTAIN CRIMINAL CASES AND TO MAKE CONFORMING CHANGES.

The General Assembly of North Carolina enacts:

Section 1.  Article 35 of Chapter 14 is amended by adding a new section to read:
"§ 14-196.3.  Cyberstalking.
(a)	The following definitions apply in this section:
(1)	Electronic communication. – Any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature, transmitted in whole or in part by a wire, radio, computer, electromagnetic, photoelectric, or photo-optical system.
(2)	Electronic mail. – The transmission of information or communication by the use of the Internet, a computer, a facsimile machine, a pager, a cellular telephone, a video recorder, or other electronic means sent to a person identified by a unique address or address number and received by that person.
(b)	It is unlawful for a person to:
(1)	Use in electronic mail or electronic  communication any words or language threatening to inflict bodily harm to any person or to that person's child, sibling, spouse, or dependent, or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person.
(2)	Electronically mail or electronically communicate to another repeatedly, whether or not conversation ensues, for the purpose of abusing, annoying, threatening, terrifying, harassing, or embarrassing any person.
(3)	Electronically mail or electronically communicate to another and to knowingly make any false statement concerning death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the person's family or household with the intent to abuse, annoy, threaten, terrify, harass, or embarrass.
(4)	Knowingly permit an electronic communication device under the person's control to be used for any purpose prohibited by this section.
(c)	Any offense under this section committed by the use of electronic mail or electronic communication may be deemed to have been committed where the electronic mail or electronic communication was originally sent, originally received in this State, or first viewed by any person in this State.
(d)	Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.
(e)	This section does not apply to any peaceable, nonviolent, or nonthreatening activity intended to express political views or to provide lawful information to others.  This section shall not be construed to impair any constitutionally protected activity, including speech, protest, or assembly."
Section 2.  G.S. 14-196(a)(2) reads as rewritten:
"(2)	To use in telephonic communications any words or language threatening to inflict bodily harm to any person or to that person's child, sibling, spouse, or dependent or physical injury to the property of any person, or for the purpose of extorting money or other things of value from any person;".
Section 3. G.S. 14-453 reads as rewritten: 
"§ 14-453. Definitions.
As used in this Article, unless the context clearly requires otherwise, the following terms have the meanings specified:
(1)	'Access' means to instruct, communicate with, cause input, cause output, cause data processing, or otherwise make use of any resources of a computer, computer system, or computer network.
(1a)	'Authorization' means having the consent or permission of the owner, or of the person licensed or authorized by the owner to grant consent or permission to access a computer, computer system, or computer network in a manner not exceeding the consent or permission.
(1b)	'Commercial electronic mail' means messages sent and received electronically consisting of commercial advertising material, the principal purpose of which is to promote the for-profit sale or lease of goods or services to the recipient.
(2)	'Computer' means an internally programmed, automatic device that performs data processing or telephone switching.
(3)	'Computer network' means the interconnection of communication systems with a computer through remote terminals, or a complex consisting of two or more interconnected computers or telephone switching equipment.
(4)	'Computer program' means an ordered set of data that are coded instructions or statements that when executed by a computer cause the computer to process data.
(4a)	'Computer services' means computer time or services, including data processing services, Internet services, electronic mail services, electronic message services, or information or data stored in connection with any of these services.
(5)	'Computer software' means a set of computer programs, procedures and associated documentation concerned with the operation of a computer, computer system, or computer network.
(6)	'Computer system' means at least one computer together with a set of related, connected, or unconnected peripheral devices.
(6a)	'Data' means a representation of information, facts, knowledge, concepts, or instructions prepared in a formalized or other manner and intended for use in a computer, computer system, or computer network. Data may be embodied in any form including computer printouts, magnetic storage media, optical storage media, and punch cards, or may be stored internally in the memory of a computer.
(6b)	'Electronic mail' means the same as the term is defined in G.S. 14-196.3(a)(2).
	(6c)	'Electronic mail service provider' means any person who (i) is an intermediary in sending or receiving electronic mail and (ii) provides to end users of electronic mail services the ability to send or receive electronic mail.
(7)	'Financial instrument' includes any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card or marketable security, or any electronic data processing representation thereof.
(8)	'Property' includes financial instruments, information, including electronically processed or produced data, and computer software and computer programs in either machine or human readable form, and any other tangible or intangible item of value.
(8a)	'Resource' includes peripheral devices, computer software, computer programs, and data, and means to be a part of a computer, computer system, or computer network.
(9)	'Services' includes computer time, data processing and storage functions.
(10)	'Unsolicited' means not addressed to a recipient with whom the initiator has an existing business or personal relationship and not sent at the request of, or with the express consent of, the recipient."
Section 4.  G.S. 14-454 reads as rewritten:
"§ 14-454.  Accessing computers.
(a)	It is unlawful to willfully, directly or indirectly, access or cause to be accessed any computer, computer program, computer system, computer network, or any part thereof, for the purpose of:
(1)	Devising or executing any scheme or artifice to defraud, unless the object of the scheme or artifice is to obtain educational testing material, a false educational testing score, or a false academic or vocational grade, or
(2)	Obtaining property or services other than educational testing material, a false educational testing score, or a false academic or vocational grade for a person, by means of false or fraudulent pretenses, representations or promises.
A violation of this subsection is a Class G felony if the fraudulent scheme or artifice results in damage of more than one thousand dollars ($1,000), or if the property or services obtained are worth more than one thousand dollars ($1,000). Any other violation of this subsection is a Class 1 misdemeanor.
(b)	Any person who willfully and without authorization, directly or indirectly, accesses or causes to be accessed any computer, computer program, computer system, or computer network for any purpose other than those set forth in subsection (a) above, is guilty of a Class 1  misdemeanor.
(c)	For the purpose of this section, the phrase 'access or cause to be accessed' includes introducing, directly or indirectly, a computer program (including a self-replicating or a self-propagating computer program) into a computer, computer program, computer system, or computer network."
Section 5.  G.S. 14-455 reads as rewritten:
"§ 14-455. Damaging computers, computer programs, computer systems, computer networks, and resources.
(a)	It is unlawful to willfully and without authorization alter, damage, or destroy a computer, computer program, computer system, computer network, or any part thereof. A violation of this subsection is a Class G felony if the damage caused by the alteration, damage, or destruction is more than one thousand dollars ($1,000). Any other violation of this subsection is a Class 1 misdemeanor.
(b)	This section applies to alteration, damage, or destruction effectuated by introducing, directly or indirectly, a computer program (including a self-replicating or a self-propagating computer program) into a computer, computer program, computer system, or computer network."
Section 6.  G.S. 14-456 reads as rewritten:
"§ 14-456.  Denial of computer services to an authorized user.
(a)	Any person who willfully and without authorization denies or causes the denial of computer, computer program, computer system, or computer network services to an authorized user of the computer, computer program, computer system, or computer network services is guilty of a Class 1 misdemeanor.
(b)	This section also applies to denial of services effectuated by introducing, directly or indirectly, a computer program (including a self-replicating or a self-propagating computer program) into a computer, computer program, computer system, or computer network."
Section 7.  G.S. 14-458(a) reads as rewritten:
"(a)	Except as otherwise made unlawful by this Article, it shall be unlawful for any person to use a computer or computer network without authority and with the intent to do any of the following:
(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 or erase any computer data, computer programs, or computer software.
(4)	Cause physical injury to the property of another.
(5)	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.
(6)	Falsely identify with the intent to deceive or defraud the recipient or forge commercial electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk commercial electronic mail through or into the computer network of an electronic mail service provider or its subscribers.
For purposes of this subsection, a person is "without authority" when (i)	the person has no right or permission of the owner to use a computer, or the person uses a computer in a manner exceeding the right or permission, or (ii) the person uses a computer or computer network, or the computer services of an electronic mail service provider to transmit unsolicited bulk commercial electronic mail in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider."
Section 8.  G.S. 15A-1343(b1) reads as rewritten:
"(b1)	Special Conditions. – In addition to the regular conditions of probation specified in subsection (b), the court may, as a condition of probation, require that during the probation the defendant comply with one or more of the following special conditions:
(1)	Undergo available medical or psychiatric treatment and remain in a specified institution if required for that purpose.
(2)	Attend or reside in a facility providing rehabilitation, counseling, treatment, social skills, or employment training, instruction, recreation, or residence for persons on probation.
(2a)	Submit to a period of residential treatment in the Intensive Motivational Program of Alternative Correctional Treatment (IMPACT), pursuant to G.S. 15A-1343.1, for a minimum of 90 days or a maximum of 120 days and abide by all rules and regulations of that program. This condition may also include a period of supervision through the Post-Boot Camp Probation Program.
(2b)	Participate in and successfully complete a Drug Treatment Court Program pursuant to Article 62 of Chapter 7A of the General Statutes.
(3)	Submit to imprisonment required for special probation under G.S. 15A-1351(a) or G.S. 15A-1344(e).
(3a)	Repealed by Session Laws 1997-57, s. 3.
(3b)	Submit to supervision by officers assigned to the Intensive Supervision Program established pursuant to G.S. 143B-262(c), and abide by the rules adopted for that Program. Unless otherwise ordered by the court, intensive supervision also requires multiple contacts by a probation officer per week, a specific period each day during which the offender must be at his or her residence, and that the offender remain gainfully and suitably employed or faithfully pursue a course of study or of vocational training that will equip the offender for suitable employment.
(3c)	Remain at his or her residence unless the court or the probation officer authorizes the offender to leave for the purpose of employment, counseling, a course of study, or vocational training. The offender shall be required to wear a device which permits the supervising agency to monitor the offender's compliance with the condition electronically.
(4)	Surrender his or her driver's license to the clerk of superior court, and not operate a motor vehicle for a period specified by the court.
(5)	Compensate the Department of Environment and Natural Resources or the North Carolina Wildlife Resources Commission, as the case may be, for the replacement costs of any marine and estuarine resources or any wildlife resources which were taken, injured, removed, harmfully altered, damaged or destroyed as a result of a criminal offense of which the defendant was convicted. If any investigation is required by officers or agents of the Department of Environment and Natural Resources or the Wildlife Resources Commission in determining the extent of the destruction of resources involved, the court may include compensation of the agency for investigative costs as a condition of probation. This subdivision does not apply in any case governed by G.S. 143-215.3(a)(7).
(6)	Perform community or reparation service and pay any fee required by law or ordered by the court for participation in the community or reparation service program.
(7)	Submit at reasonable times to warrantless searches by a probation officer of his or her person and of his or her vehicle and premises while the probationer is present, for purposes specified by the court and reasonably related to his or her probation supervision, but the probationer may not be required to submit to any other search that would otherwise be unlawful. Whenever the warrantless search consists of testing for the presence of illegal drugs, the probationer may also be required to reimburse the Department of Correction for the actual cost of drug screening and drug testing, if the results are positive.
(8)	Not use, possess, or control any illegal drug or controlled substance unless it has been prescribed for him or her by a licensed physician and is in the original container with the prescription number affixed on it; not knowingly associate with any known or previously convicted users, possessors or sellers of any such illegal drugs or controlled substances; and not knowingly be present at or frequent any place where such illegal drugs or controlled substances are sold, kept, or used.
(8a)	Purchase the least expensive annual statewide license or combination of licenses to hunt, trap, or fish listed in G.S. 113-270.2, 113-270.3, 113-270.5, 113-271, 113-272, and 113-272.2 that would be required to engage lawfully in the specific activity or activities in which the defendant was engaged and which constitute the basis of the offense or offenses of which he was convicted.
(9)	If the offense is one in which there is evidence of physical, mental or sexual abuse of a minor, the court should encourage the minor and the minor's parents or custodians to participate in rehabilitative treatment and may order the defendant to pay the cost of such treatment.
(9a)	Attend and complete an abuser treatment program if (i) the court finds the defendant is responsible for acts of domestic violence and (ii) the program is approved by the Department of Administration.
(10)	Satisfy any other conditions determined by the court to be reasonably related to his rehabilitation."
Section 9.  G.S. 50B-3(a) reads as rewritten:
	"(a)  The court, including magistrates as authorized under G.S. 50B-2(c1), may grant any protective order or approve any consent agreement to bring about a cessation of acts of domestic violence. The orders or agreements may:
(1)	Direct a party to refrain from such acts;
(2)	Grant to a party possession of the residence or household of the parties and exclude the other party from the residence or household;
(3)	Require a party to provide a spouse and his or her children suitable alternate housing;
(4)	Award temporary custody of minor children and establish temporary visitation rights;
(5)	Order the eviction of a party from the residence or household and assistance to the victim in returning to it;
(6)	Order either party to make payments for the support of a minor child as required by law;
(7)	Order either party to make payments for the support of a spouse as required by law;
(8)	Provide for possession of personal property of the parties;
(9)	Order a party to refrain from doing any or all of the following:
a.	Threatening, abusing, or following the other party,
b.	Harassing the other party, including by telephone, visiting the home or workplace, or other means, or
c.	Otherwise interfering with the other party;
(10)	Award costs and attorney's fees to either party;
(11)	Prohibit a party from purchasing a firearm for a time fixed in the order;
(12)	Order any party the court finds is responsible for acts of domestic violence to attend and complete an abuser treatment program if the program is approved by the Department of Administration; and
(13)	Include any additional prohibitions or requirements the court deems necessary to protect any party or any minor child."
Section 10.  This act becomes effective December 1, 2000, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 6th day of July, 2000.

	─────────────────── 
	Marc Basnight
	President Pro Tempore of the Senate

	─────────────────── 
	James B. Black
	Speaker of the House of Representatives

	─────────────────── 
	James B. Hunt, Jr.
	Governor

Approved 	.m. this 	 day of 	, 2000