Virginia Code

Va. Code Ann. § 18.2-152.2 (2026)

Definitions; computer crimes

✓ current as of May 2026

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For purposes of this article:

"Commercial electronic mail" means electronic mail, the primary purpose of which is the advertisement or promotion of a commercial product or service.

"Computer" means a device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions. Such term does not include simple calculators, automated typewriters, facsimile machines, or any other specialized computing devices that are preprogrammed to perform a narrow range of functions with minimal end-user or operator intervention and are dedicated to a specific task.

"Computer data" means any representation of information, knowledge, facts, concepts, or instructions which is being prepared or has been prepared and is intended to be processed, is being processed, or has been processed in a computer or computer network. "Computer data" may be in any form, whether readable only by a computer or only by a human or by either, including, but not limited to, computer printouts, magnetic storage media, punched cards, or stored internally in the memory of the computer.

"Computer network" means two or more computers connected by a network.

"Computer operation" means arithmetic, logical, monitoring, storage or retrieval functions and any combination thereof, and includes, but is not limited to, communication with, storage of data to, or retrieval of data from any device or human hand manipulation of electronic or magnetic impulses. A "computer operation" for a particular computer may also be any function for which that computer was generally designed.

"Computer program" means an ordered set of data representing coded instructions or statements that, when executed by a computer, causes the computer to perform one or more computer operations.

"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 therewith.

"Computer software" means a set of computer programs, procedures and associated documentation concerned with computer data or with the operation of a computer, computer program, or computer network.

"Electronic mail service provider" (EMSP) 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.

"Financial instrument" includes, but is not limited to, any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security, or any computerized representation thereof.

"Network" means any combination of digital transmission facilities and packet switches, routers, and similar equipment interconnected to enable the exchange of computer data.

"Owner" means an owner or lessee of a computer or a computer network or an owner, lessee, or licensee of computer data, computer programs or computer software.

"Person" shall include any individual, partnership, association, corporation or joint venture.

"Property" shall include:

1. Real property;

2. Computers and computer networks;

3. Financial instruments, computer data, computer programs, computer software and all other personal property regardless of whether they are:

a. Tangible or intangible;

b. In a format readable by humans or by a computer;

c. In transit between computers or within a computer network or between any devices which comprise a computer; or

d. Located on any paper or in any device on which it is stored by a computer or by a human; and

4. Computer services.

"Spam" means unsolicited commercial electronic mail. Spam shall not include commercial electronic mail transmitted to a recipient with whom the sender has an existing business or personal relationship.

A person "uses" a computer or computer network when he attempts to cause or causes a computer or computer network to perform or to stop performing computer operations.

A person is "without authority" when he knows or reasonably should know that he has no right, agreement, or permission or acts in a manner knowingly exceeding such right, agreement, or permission.

1984, c. 751; 1999, cc. 886, 904, 905; 2000, c. 627; 2003, cc. 987, 1016; 2005, cc. 761, 812, 827; 2009, cc. 321, 376; 2010, c. 489.

Notes of Decisions

Cited in 24 cases (10 in the last 5 years), 1993–2025 · leading case: Verizon Online Servs., Inc. v. Ralsky, 203 F. Supp. 2d 601 (E.D. Va. 2002).

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Verizon Online Servs., Inc. v. Ralsky, 203 F. Supp. 2d 601 (E.D. Va. 2002). · cites it 12× “5 The Amended Complaint alleges three counts under the Virginia Computer Crimes Act, Va. Code § 18.2-152.2, et seq., three counts under the Federal Computer Fraud and Abuse Act, 18 U.”

Space Sys./Loral, LLC v. Orbital Atk, Inc., 306 F. Supp. 3d 845 (E.D. Va. 2018). · cites it 2× “" § 18.2-152.2. Taking all facts in the complaint as true and construing them in favor of Plaintiff, Plaintiff has pled a violation of the VCCA.”

Crystal Gail Ramsey v. Commonwealth of Virginia, 780 S.E.2d 624 (Va. Ct. App. 2015). · cites it 6× “” Code § 18.2-152.2. “Examination” is further defined as reviewing the identifying information of another “after the time at which the offender knows or should know that he is without authority to view the information displayed.”

Supinger v. Virginia, 167 F. Supp. 3d 795 (W.D. Va. 2016). · cites it 3× “” Va. Code § 18.2-152.2. In order to state a claim under the statute, Supinger must plead facts sufficient to show that the Defendants were “without authority” or that the copying of the information was “unauthorized.”

AvePoint, Inc. v. Power Tools, Inc., 981 F. Supp. 2d 496 (W.D. Va. 2013). · cites it 3× “See Va.Code § 18.2-152.2 (stating that “[a] person is ‘without authority if he knows or reasonably should know that he has no right, agreement, or permission or acts in a manner knowingly exceeding such right”).”

Aitken v. Commc'ns Workers of Am., 496 F. Supp. 2d 653 (E.D. Va. 2007). · cites it 3× “” Va.Code § 18.2-152.2(4). And “computer operations” are broadly defined to include “arithmetic, logical, monitoring, storage or retrieving functions and any combination thereof,” as well as “any function for which that computer was generally designed,” an expansive category…”

Taylor Amil Wallace v. Commonwealth of Virginia (Va. Ct. App. 2024). · cites it 104× “Under the plain text of Code §§ 18.2-152.2 and -152.3, a defendant commits computer fraud only if they “use[]” a computer without permission or “in a manner knowingly exceeding such right, agreement, or permission,” not every time they use a computer to commit an enumerated…”

Lester v. Allied Concrete Co., 80 Va. Cir. 454 (Charlottesville Cir. Ct. 2010). · cites it 3× “” Va. Code § 18.2-152.2. b. Under the Virginia Computer Crimes Act, Computer Fraud is defined as use of a computer or computer network without authority to either obtain property or services by false pretenses, embezzle or commit larceny, or convert the property of another.”

McGladrey & Pullen, L.L.P. v. Shrader, 62 Va. Cir. 401 (Rockingham Cir. Ct. 2003). · cites it 3× “” Va. Code § 18.2-152.2. It is undisputed in the pleadings that prior to January 15, 2001, Defendant had permission to use McGladrey’s computers for legitimate business purposes, but had no authority to use McGladrey’s computers for purposes not authorized by his employer and…”

Taylor Amil Wallace v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 28× “” Code § 18.2-152.2. Wallace argues that as a BB&T customer, she had the authority to use the ATM to deposit checks and withdraw cash.”

Cody W. Brewer v. Commonwealth of Virginia (Va. Ct. App. 2020). · cites it 19× “” Code § 18.2-152.2. It expressly excludes from the definition “simple calculators, automated typewriters, facsimile machines, or any other specialized computing devices that are preprogrammed to perform a narrow range of functions with minimal end-user or operator intervention…”

Show all 24 citing cases →

— Va. Code Ann. § 18.2-152.2(4) — 1 case

Aitken v. Commc'ns Workers of Am., 496 F. Supp. 2d 653 (E.D. Va. 2007). “” Va.Code § 18.2-152.2(4). And “computer operations” are broadly defined to include “arithmetic, logical, monitoring, storage or retrieving functions and any combination thereof,” as well as “any function for which that computer was generally designed,” an expansive category…”

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