Computer Crime Laws in Georgia

Georgia’s Computer Systems Protection Act, codified at O.C.G.A. §§ 16-9-90 through 16-9-94, defines a set of five distinct computer-related offenses. The statute reaches conduct ranging from outright data theft to the mere unauthorized viewing of another person’s private information, and it pairs criminal penalties with a separate civil remedy available to victims.

Computer Theft

Under § 16-9-93(a)(1), computer theft involves using a computer or computer network to take or appropriate the property of another, whether that property is tangible or intangible, without authorization. The statute’s reach to intangible property means it covers more than the theft of physical hardware; data and other intangible assets accessed and taken through a computer system fall within its scope.

Computer Trespass

Section 16-9-93(a)(2) defines computer trespass as using a computer or computer network without authorization with the intent to delete or remove a program or data, to obstruct or interfere with a program or data, or to alter, damage, or cause the malfunction of a computer, network, or program. This offense focuses on unauthorized interference with a system’s operation or contents, regardless of whether anything is actually taken.

Computer Invasion of Privacy

One of the less expected provisions of the Act is computer invasion of privacy under § 16-9-93(a)(3). This offense criminalizes using a computer or computer network without authorization to examine another person’s personal, financial, or medical information, even if nothing is copied, downloaded, or removed. Merely viewing protected information without authorization is enough to trigger criminal liability under this provision, a point that distinguishes Georgia’s statute from computer-crime laws written more narrowly around data theft alone.

Computer Forgery

Section 16-9-93(a)(4) addresses computer forgery, which involves using a computer to create, alter, or delete data with the intent to create a forgery as that term is defined under Georgia’s general forgery statute, O.C.G.A. § 16-9-1. This provision extends Georgia’s forgery concept into the digital context without duplicating the elements of the physical-document forgery offense, which is addressed under a separate statute.

Computer Password Disclosure

The fifth offense, found at § 16-9-93(a)(5), involves disclosing a computer password or access code to a person not authorized to receive it, or using an access code without authority to do so. This provision targets the unauthorized sharing and use of credentials that protect computer systems and networks.

Penalties and the Parallel Civil Remedy

Each of the five offenses under the Computer Systems Protection Act carries a potential penalty of up to 15 years of imprisonment and a fine of up to $50,000. In addition to criminal liability, § 16-9-93(g) creates a private civil cause of action, allowing a victim to pursue damages directly against the person responsible, independent of any criminal prosecution. That civil claim can proceed on its own timeline, meaning a victim is not required to wait for a criminal case to conclude, or for charges to be brought at all, before filing suit. Conduct that violates Georgia’s statute may also implicate the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, particularly when the conduct crosses state lines or targets a federally protected computer system, meaning state and federal liability can potentially run in parallel.

How This Page Relates to Adjacent Offenses

Conduct prosecuted under the Computer Systems Protection Act sometimes overlaps factually with other offenses, including identity fraud committed using a computer or securities fraud carried out through electronic means. The elements specific to those offenses are addressed under their own separate statutes; this page is limited to the five offenses defined directly within §§ 16-9-90 through 16-9-94.

This article provides general information about Georgia law and is not legal advice. Consult a licensed Georgia attorney about a specific situation.