Chapter 5.7. High Technology Theft Apprehension And Prosecution Program of California Penal Code >> Title 6. >> Part 4. >> Chapter 5.7.
(a) It is the intent of the Legislature in enacting this
chapter to provide local law enforcement and district attorneys with
the tools necessary to successfully interdict the promulgation of
high technology crime. According to the federal Law Enforcement
Training Center, it is expected that states will see a tremendous
growth in high technology crimes over the next few years as computers
become more available and computer users more skilled in utilizing
technology to commit these faceless crimes. High technology crimes
are those crimes in which technology is used as an instrument in
committing, or assisting in the commission of, a crime, or which is
the target of a criminal act.
(b) Funds provided under this program are intended to ensure that
law enforcement is equipped with the necessary personnel and
equipment to successfully combat high technology crime which
includes, but is not limited to, the following offenses:
(1) White-collar crime, such as check, automated teller machine,
and credit card fraud, committed by means of electronic or
computer-related media.
(2) Unlawful access, destruction of or unauthorized entry into and
use of private, corporate, or government computers and networks,
including wireless and wireline communications networks and law
enforcement dispatch systems, and the theft, interception,
manipulation, destruction, or unauthorized disclosure of data stored
within those computers and networks.
(3) Money laundering accomplished with the aid of computer
networks or electronic banking transfers.
(4) Theft and resale of telephone calling codes, theft of
telecommunications service, theft of wireless communication service,
and theft of cable television services by manipulation of the
equipment used to receive those services.
(5) Software piracy and other unlawful duplication of information.
(6) Theft and resale of computer components and other high
technology products produced by the high technology industry.
(7) Remarking and counterfeiting of computer hardware and
software.
(8) Theft of trade secrets.
(c) This program is also intended to provide support to law
enforcement agencies by providing technical assistance to those
agencies with respect to the seizure and analysis of computer systems
used to commit high technology crimes or store evidence relating to
those crimes.
There is hereby established a program of financial and
technical assistance for law enforcement and district attorneys'
offices, designated the High Technology Theft Apprehension and
Prosecution Program.
(a) Moneys allocated for the High Technology Theft
Apprehension and Prosecution Program pursuant to Section 13821 shall
be expended to fund programs to enhance the capacity of local law
enforcement and prosecutors to deter, investigate, and prosecute high
technology related crimes. Funds shall be expended to fund programs
to enhance the capacity of local law enforcement, state police, and
local prosecutors to deter, investigate, and prosecute high
technology related crimes. Any funds distributed under this chapter
shall be expended for the exclusive purpose of deterring,
investigating, and prosecuting high technology related crimes.
(b) The funds allocated to the Department of Justice pursuant to
paragraph (4) of subdivision (c) of Section 13821 shall be used for
developing and maintaining a statewide database on high technology
crime for use in developing and distributing intelligence information
to participating law enforcement agencies. The funds allocated to
the California District Attorneys Association pursuant to paragraph
(4) of subdivision (c) of Section 13821, shall be used for the
purposes of establishing statewide programs of education, training,
and research for public prosecutors, investigators, and law
enforcement officers relating to deterring, investigating, and
prosecuting high technology related crimes.
(c) Any regional task force receiving funds under this section may
elect to have the Department of Justice administer the regional task
force program. The department may be reimbursed for any expenditures
incurred for administering a regional task force from funds given to
local law enforcement pursuant to subdivision (b).