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Section of the Hawaii penal adopted

Found at: 0x1bi.net:70/textfiles/file?law/hi_lawsta.law

/* R FRINGE COMMENTARY: Hawaii's computer crimes law follows. 
Section 708-890 of the Hawaii penal code, adopted 1984. */

SECTION 708-890 Definitions of terms in this part. In this part, 
unless a different meaning plainly is required:

    "Access" means to make use of any resource 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, 
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 
terminals.

    "Computer software" means a set of computer programs, 
operation and function of a computer system.

    "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 
n a computer system or computer network.

    "Financial Instrument" includes, but is not limited to, any 
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 
nstruments, data, computer software, 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 
computer system, or data contained within a computer network.

SECTION 708-891Computer 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 of 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 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 violated this section may be fined a sum of not 
    more than two times the amount of the fraud.

SECTION 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 of false or fraudulent representations where the 
    value of the money, property, or services exceeds $ 100 but 
    is not more than $ 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 the credit rating of any person where the value 
    of the damage or enhancement exceeds $ 100 but is not more 
    than $ 2,500.

SECTION 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 of false or fraudulent representations where the 
    value of the money, property, or services is not more than $ 
    100; 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 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. 

SECTION 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 
    network, computer program, or computer software, or any data 
    stored therein, with a value exceeding $ 10,000.

SECTION 708-895 Unauthorized computer use in the second 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 
    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.     

SECTION 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 
    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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