|
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.