West Virginia § 61-3C-17 Defenses to criminal prosecution

West Virginia Statutes

§ 61-3C-17 — Defenses to criminal prosecution

West Virginia § 61-3C-17

Ch. 61CRIMES AND THEIR PUNISHMENT

Art. 3CWEST VIRGINIA COMPUTER CRIME AND ABUSE ACT

This text of West Virginia § 61-3C-17 (Defenses to criminal prosecution) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 61-3C-17 (2026).

Text

(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

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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.