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TUCoPS :: Cyber Law :: hawaii.txt

Hawaii Computer Crime Law





                  DIVISION 5.  CRIMES AND CRIMINAL PROCEEDINGS
                          TITLE 37.  HAWAII PENAL CODE

                 CHAPTER 708.  OFFENSES AGAINST PROPERTY RIGHTS
                           [PART IX.] COMPUTER CRIMES

                             HRS @ [708-890] (1990)

[@ 708-890]. Definition of terms in this part.

   In this part, unless a different meaning plainly is required:
   "Access" means to make use of any resources of a computer,
computer system, or computer network.
   "Computer" means an electronic device which performs logical,
arithmetic, and memory functions by the manipulation of electronic
or magnetic impulses and includes all input, output, processing,
storage, software, or communication facilities which are connected
or related to such a device in a computer system or computer
network.
   "Computer network" means the interconnection of communication
lines with a computer through remote terminals or a complex
consisting of two or more computers and includes interconnected
remote terminals.
   "Computer program" means a series of instructions or statements,
in a form acceptable to a computer, which permits the functioning
of a computer system in a manner designed to provide appropriate
products from a computer system.
      "Computer software" means a set of computer programs,
procedures, or associated documentation concerned with the
operation and function of a computer system.
   "Computer system" means a set of related or interconnected
computer equipment, devices, and software.
   "Data" means a representation of information, knowledge, facts,
concepts, or instructions, which are being prepared or have been
prepared, in a formalized manner, and are intended for use in a
computer system or computer network.
    "Financial instrument" includes, but is not limited to, any
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 other computer
system representation.
   "Property" includes, but is not limited to, financial
instruments, data, computer software, computer programs, documents
associated with computer systems and computer programs, or copies,
whether tangible or intangible, and data while in transit.
   "Service" includes, but is not limited to, the use of the
computer system, computer network, computer programs, computer
software, or data prepared for computer use, data contained within
a computer system, or data contained within a computer network.



                  DIVISION 5.  CRIMES AND CRIMINAL PROCEEDINGS
                          TITLE 37.  HAWAII PENAL CODE

                 CHAPTER 708.  OFFENSES AGAINST PROPERTY RIGHTS
                           [PART IX.] COMPUTER CRIMES

                             HRS @ [708-891] (1990)

[@ 708-891]. Computer fraud in the first degree.

   (1) A person commits the offense of computer fraud in the first
degree if:
     (a) He accesses or causes to be accessed any computer,
computer   system, computer network, or any of its parts with the
intent to devise   or execute any scheme or artifice to defraud;
    (b) He accesses or causes to be accessed any computer, computer
 system, computer network, or any of its parts with the intent to
obtain   money, property, or services by means of embezzlement or
false or   fraudulent representations where the value of the money,
property, or   services exceeds $ 2,500; or
    (c) He accesses or causes to be accessed any computer, computer
 system, computer network, or any of its parts with the intent to
obtain   unauthorized information concerning the credit information
of another   person or who introduces or causes to be introduced
false information   into that system or network with the intent to
wrongfully damage or   wrongfully enhance the credit rating of any
person where the value of   the damage or enhancement exceeds $
2,500.
   (2) Computer fraud in the first degree is a class C felony. In
lieu of the statutory fine which may be imposed, any person who
violates this section may be fined a sum of not more than two times
the amount of the fraud.


                  DIVISION 5.  CRIMES AND CRIMINAL PROCEEDINGS
                          TITLE 37.  HAWAII PENAL CODE

                 CHAPTER 708.  OFFENSES AGAINST PROPERTY RIGHTS
                           [PART IX.] COMPUTER CRIMES

                             HRS @ [708-892] (1990)

[@ 708-892]. Computer fraud in the second degree.

   (1) A person commits the offense of computer fraud in the second
degree if:
     (a) He accesses or causes to be accessed any computer,
computer   system, computer network, or any of its parts with the
intent to obtain   money, property, or services by means of
embezzlement or false or   fraudulent representations, money,
property, or services where the value   of the money, property, or
services exceeds $ 100 but is not more than $   2,500; or
    (b) He accesses or causes to be accessed any computer, computer
 system, computer network, or any of its parts with the intent to
obtain   unauthorized information concerning the credit information
of another   person or who introduces or causes to be introduced
false information   into that system or network with the intent to
wrongfully damage or   wrongfully enhance the credit rating of any
person where the value of   the damage or enhancement exceeds $ 100
but is not more than $ 2,500.      (2) Computer fraud in the second
degree is a misdemeanor.


                  DIVISION 5.  CRIMES AND CRIMINAL PROCEEDINGS
                          TITLE 37.  HAWAII PENAL CODE

                 CHAPTER 708.  OFFENSES AGAINST PROPERTY RIGHTS
                           [PART IX.] COMPUTER CRIMES

                             HRS @ [708-893] (1990)

[@ 708-893]. Computer fraud in the third degree.

   (1) A person commits the offense of computer fraud in the third
degree if:
     (a) He accesses or causes to be accessed any computer,
computer   system, computer network, or any of its parts with the
intent to obtain   money, property, or services by means of
embezzlement or false or   fraudulent representations where the
value of the money, property, or   services is not more than $ 100;
or
    (b) He accesses or causes to be accessed any computer, computer
 system, computer network, or any of its parts with the intent to
obtain   unauthorized information concerning the credit information
of another   person or who introduces or causes to be introduced
false information   into that system or network with the intent to
wrongfully damage or   wrongfully enhance the credit rating of any
person where the value of   the damage or enhancement is not more
than $ 100.
   (2) Computer fraud in the third degree is a petty misdemeanor.



                  DIVISION 5.  CRIMES AND CRIMINAL PROCEEDINGS
                          TITLE 37.  HAWAII PENAL CODE

                 CHAPTER 708.  OFFENSES AGAINST PROPERTY RIGHTS
                           [PART IX.] COMPUTER CRIMES

                             HRS @ [708-894] (1990)

[@ 708-894]. Unauthorized computer use in the first degree.
   (1) A person commits the offense of unauthorized computer use in
the first degree if he intentionally and without authorization
accesses, alters, damages, or destroys any computer, computer
system, computer network, computer program, or computer software,
or any data stored therein, with a value exceeding $ 10,000.
   (2) Unauthorized computer use in the first degree is a class C
felony.



                  DIVISION 5.  CRIMES AND CRIMINAL PROCEEDINGS
                          TITLE 37.  HAWAII PENAL CODE

                 CHAPTER 708.  OFFENSES AGAINST PROPERTY RIGHTS
                           [PART IX.] COMPUTER CRIMES

                             HRS @ [708-895] (1990)

[@ 708-895]. Unauthorized computer use in the second degree.
   (1) A person commits the offense of unauthorized computer use in
the second degree if he intentionally and without authorization
accesses, alters, damages, or destroys any computer, computer
system, computer network, computer program, or computer software,
or any data stored therein, with a value exceeding $ 2,500 but not
more than $ 10,000.
   (2) Unauthorized computer use in the second degree is a
misdemeanor.



                  DIVISION 5.  CRIMES AND CRIMINAL PROCEEDINGS
                          TITLE 37.  HAWAII PENAL CODE

                 CHAPTER 708.  OFFENSES AGAINST PROPERTY RIGHTS
                           [PART IX.] COMPUTER CRIMES

                             HRS @ [708-896] (1990)

[@ 708-896]. Unauthorized computer use in the third degree.
   (1) A person commits the offense of unauthorized computer use in
the third degree if he intentionally and without authorization
accesses, alters, damages, or destroys any computer, computer
system, computer network, computer program, or computer software,
or any data stored therein, with a value of not more than $ 2,500.

   (2) Unauthorized computer use in the third degree is a petty
misdemeanor.



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