§ 39-14-138 — Theft of trade secrets

(a) As used in this section, unless the context otherwise requires: (1) "Article" means any object, material, device, or substance or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, micro-organism, blueprint or map; (2) "Copy" means any facsimile, replica, photograph or other reproduction of an article, and any note, drawing or sketch made of or from an article; (3) "Representing" means describing, depicting, containing, constituting, reflecting or recording; and (4) "Trade secret" means the whole or any portion or phrase of any scientific or technical information, design, process, procedure, formula or improvement which is secret and of value. The trier of fact may infer a trade secret to be secret when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes. (b) A person is guilty of theft and shall be punished pursuant to § 39-14-105 who, with intent to deprive or withhold from its owner the control of the trade secret, or with intent to appropriate a trade secret to the person's own use or to the use of another: (1) Steals or embezzles an article representing a trade secret; or (2) Without authority makes or causes to be made a copy of an article representing a trade secret.

Legislative History

Acts 1989, ch. 591, § 1.