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First they have to prove a malicious intent on the part of the trespasser.
Then, they have to have done of the following:
§ 18.2-152.4. Computer trespass; penalty.
A. It shall be unlawful for any person, with malicious intent, to:
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, disable, or erase any computer data, computer programs or computer software;
4. Effect the creation or alteration of a financial instrument or of an electronic transfer of funds;
5. Use a computer or computer network to cause physical injury to the property of another;
6. Use a computer or computer network to 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;
8. Install or cause to be installed, or collect information through, computer software that records all or a majority of the keystrokes made on the computer of another without the computer owner's authorization; or
9. Install or cause to be installed on the computer of another, computer software for the purpose of (i) taking control of that computer so that it can cause damage to another computer or (ii) disabling or disrupting the ability of the computer to share or transmit instructions or data to other computers or to any related computer equipment or devices, including but not limited to printers, scanners, or fax machines.
The 1-9 parts.
If they do any of those then they have committed the crime.
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