Night Owl 9/Night Owl CD-ROM (NOPV9) (Night Owl Publisher) (1993).ISO/006a/bbslaw10.zip/HI-LAW.STA

Text File | 1993-03-21 | 7KB | 148 lines

/* 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,
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
terminals.

    "Computer software" means a set of computer programs,
procedures, or associate documentation concerned with the
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
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 system 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 within a
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.