(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 email transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk commercial email through or into the computer network of an email 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 email service provider to transmit unsolicited bulk commercial email in contravention of the authority granted by or in violation of the policies set by the email service provider.
(b) Any person who violates this section shall be guilty of computer trespass, which offense shall be punishable as a Class 3 misdemeanor. If there is damage to the property of another and the damage is valued at less than two thousand five hundred dollars ($2,500) caused by the person's act in violation of this section, the offense shall be punished as a Class 1 misdemeanor. If there is damage to the property of another valued at two thousand five hundred dollars ($2,500) or more caused by the person's act in violation of this section, the offense shall be punished as a Class I felony.
(c) Any person whose property or person is injured by reason of a violation of this section may sue for and recover any damages sustained and the costs of the suit pursuant to G.S. 1-539.2A.
(d) It is not a violation of this section for a person to act pursuant to Chapter 36F of the General Statutes. (1999-212, s. 3; 2000-125, s. 7; 2016-53, s. 2; 2025-25, s. 29(1).)
Notes of Decisions
Fayetteville Publ'g Co. v. Advanced Internet Tech., Inc., 665 S.E.2d 518 (N.C. Ct. App. 2008).
· cites it 2× “The motion alleged that defendant had been “totally uncooperative” with plaintiff in its efforts to prevent any use by defendant of the servers in violation of N.C. Gen. Stat. § 14-458 (5). The motion sought a temporary restraining order and injunction to prevent defendant from…”
State v. Bishop, 774 S.E.2d 337 (N.C. Ct. App. 2015).
· cites it 2× “" N.C. Gen.Stat. § 14-458(a)(1)(d). This argument overlooks precisely what the Cyber-bullying Statute punishes.”
Encompass Servs., Pllc v. Maser Consulting P.A., 2021 NCBC 40 (N.C. Bus. Ct. 2021).
· cites it 45× “Finally, Encompass contends that Hilsman and Maser committed computer trespass in violation of N.C.G.S. § 14-458 and § 1-539.2A, and tortiously interfered with Encompass’ prospective contractual relations.”
Encompass Servs., Pllc v. Maser Consulting P.A., 2019 NCBC 66 (N.C. Bus. Ct. 2019).
· cites it 21× “(“TSPA”); tortious interference with prospective economic advantage; computer trespass in violation of N.C.G.S. § 14-458; § 1-539.2A; unfair trade practices in violation of the North Carolina Unfair and Deceptive Trade Practices Act, N.”
Glover Constr. Co. v. Sequoia Servs., LLC, 2020 NCBC 49 (N.C. Bus. Ct. 2020).
· cites it 16× “Additionally, GCC alleges a claim against Mark for breach of fiduciary duty (Second Claim), and claims against John Michael, Colangelo, and Sequoia for misappropriation and threatened misappropriation of trade secrets (Seventh Claim), and computer trespass in violation of…”
Constr. Managers, Inc. v. Amory, 2019 NCBC 31 (N.C. Bus. Ct. 2019).
· cites it 13× “”) (fifth claim); violation of G.S. § 14-458 (sixth claim); and punitive damages (seventh claim).”
Kamel v. 5Church, Inc (W.D.N.C. 2019).
· cites it 9× “1 ; (4) computer trespass in violation of N.C. Gen. Stat. § 14-458 ; (5) violation of the Stored Communications Act (“SCA”); (6) conversion; (7) violation of the Computer Fraud and Abuse Act (“CFAA”); (8) breach of the duty of loyalty to 5Church Charleston; and (9) injunctive…”
Morgan v. Turn-Pro Maint. Servs., LLC, 2020 NCBC 5 (N.C. Bus. Ct. 2020).
· cites it 9× “This counterclaim is based on the contention that Morgan changed Singletary’s password in May 2016 to block him from using the Alpine e- mail account.”
— N.C. Gen. Stat. § 14-458(a) — 8 cases
Encompass Servs., Pllc v. Maser Consulting P.A., 2021 NCBC 40 (N.C. Bus. Ct. 2021).
“Finally, Encompass contends that Hilsman and Maser committed computer trespass in violation of N.C.G.S. § 14-458 and § 1-539.2A, and tortiously interfered with Encompass’ prospective contractual relations.”
Encompass Servs., Pllc v. Maser Consulting P.A., 2019 NCBC 66 (N.C. Bus. Ct. 2019).
“(“TSPA”); tortious interference with prospective economic advantage; computer trespass in violation of N.C.G.S. § 14-458; § 1-539.2A; unfair trade practices in violation of the North Carolina Unfair and Deceptive Trade Practices Act, N.”
Glover Constr. Co. v. Sequoia Servs., LLC, 2020 NCBC 49 (N.C. Bus. Ct. 2020).
“Additionally, GCC alleges a claim against Mark for breach of fiduciary duty (Second Claim), and claims against John Michael, Colangelo, and Sequoia for misappropriation and threatened misappropriation of trade secrets (Seventh Claim), and computer trespass in violation of…”
— N.C. Gen. Stat. § 14-458(a)(1) — 1 case
Encompass Servs., Pllc v. Maser Consulting P.A., 2019 NCBC 66 (N.C. Bus. Ct. 2019).
“(“TSPA”); tortious interference with prospective economic advantage; computer trespass in violation of N.C.G.S. § 14-458; § 1-539.2A; unfair trade practices in violation of the North Carolina Unfair and Deceptive Trade Practices Act, N.”
— N.C. Gen. Stat. § 14-458(a)(1)(d) — 1 case
State v. Bishop, 774 S.E.2d 337 (N.C. Ct. App. 2015).
“" N.C. Gen.Stat. § 14-458(a)(1)(d). This argument overlooks precisely what the Cyber-bullying Statute punishes.”
— N.C. Gen. Stat. § 14-458(a)(5) — 2 cases
Encompass Servs., Pllc v. Maser Consulting P.A., 2021 NCBC 40 (N.C. Bus. Ct. 2021).
“Finally, Encompass contends that Hilsman and Maser committed computer trespass in violation of N.C.G.S. § 14-458 and § 1-539.2A, and tortiously interfered with Encompass’ prospective contractual relations.”
Constr. Managers, Inc. v. Amory, 2019 NCBC 31 (N.C. Bus. Ct. 2019).
“”) (fifth claim); violation of G.S. § 14-458 (sixth claim); and punitive damages (seventh claim).”
— N.C. Gen. Stat. § 14-458(a)(6) — 1 case
Morgan v. Turn-Pro Maint. Servs., LLC, 2020 NCBC 5 (N.C. Bus. Ct. 2020).
“This counterclaim is based on the contention that Morgan changed Singletary’s password in May 2016 to block him from using the Alpine e- mail account.”
— N.C. Gen. Stat. § 14-458(b) — 1 case
— N.C. Gen. Stat. § 14-458(c) — 4 cases
Encompass Servs., Pllc v. Maser Consulting P.A., 2019 NCBC 66 (N.C. Bus. Ct. 2019).
“(“TSPA”); tortious interference with prospective economic advantage; computer trespass in violation of N.C.G.S. § 14-458; § 1-539.2A; unfair trade practices in violation of the North Carolina Unfair and Deceptive Trade Practices Act, N.”
Encompass Servs., Pllc v. Maser Consulting P.A., 2021 NCBC 40 (N.C. Bus. Ct. 2021).
“Finally, Encompass contends that Hilsman and Maser committed computer trespass in violation of N.C.G.S. § 14-458 and § 1-539.2A, and tortiously interfered with Encompass’ prospective contractual relations.”
Constr. Managers, Inc. v. Amory, 2019 NCBC 31 (N.C. Bus. Ct. 2019).
“”) (fifth claim); violation of G.S. § 14-458 (sixth claim); and punitive damages (seventh claim).”
Kamel v. 5Church, Inc (W.D.N.C. 2019).
“1 ; (4) computer trespass in violation of N.C. Gen. Stat. § 14-458 ; (5) violation of the Stored Communications Act (“SCA”); (6) conversion; (7) violation of the Computer Fraud and Abuse Act (“CFAA”); (8) breach of the duty of loyalty to 5Church Charleston; and (9) injunctive…”
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