150 lines
7.1 KiB
Plaintext
150 lines
7.1 KiB
Plaintext
/* R FRINGE COMMENTARY: Hawaii's computer crimes law follows.
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Section 708-890 of the Hawaii penal code, adopted 1984. */
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SECTION 708-890 Definitions of terms in this part. In this part,
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unless a different meaning plainly is required:
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"Access" means to make use of any resource of a computer,
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computer system or computer network.
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"Computer" means an electronic device which performs logical,
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arithmetic, and memory functions by the manipulation of
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electronic or magnetic impulses and includes all input, output,
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processing, storage, software, or communication facilities which
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are connected or related to such a device in a computer system or
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computer network.
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"Computer network" means the interconnection of communication
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lines with a computer through remote terminals or a complex
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consisting of two or more computers and includes interconnected
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terminals.
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"Computer software" means a set of computer programs,
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procedures, or associate documentation concerned with the
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operation and function of a computer system.
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"Data" means a representation of information, knowledge,
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facts, concepts or instructions, which are being prepared or have
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been prepared, in a formalized manner, and are intended for use
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in a computer system or computer network.
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"Financial Instrument" includes, but is not limited to, any
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draft, warrant, money order, note, certificate of deposit, letter
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of credit, bill of exchange, credit or debit card, transaction
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authorization mechanism, marketable security, or any other
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computer system representation.
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"Property" includes, but is not limited to, financial
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instruments, data, computer software, computer programs,
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documents associated with computer system and computer programs,
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or copies, whether tangible or intangible, and data while in
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transit.
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"Service" includes, but is not limited to, the use of the
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computer system, computer network, computer programs, computer
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software, or data prepared for computer use, data within a
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computer system, or data contained within a computer network.
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SECTION 708-891Computer fraud in the first degree (1) A person
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commits the offense of computer fraud in the first degree if:
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(a) He accesses or causes to be accessed any computer,
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computer system, computer network, or any of its parts with
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the intent to devise or execute any scheme or artifice to
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defraud;
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(b) He accesses or causes to be accessed any computer,
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computer system, computer network, or any of its parts with
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the intent to obtain money, property, or services by means of
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embezzlement of false or fraudulent representations where the
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value of the money, property, or services exceeds $ 2,500; or
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(c) He accesses or causes to be accessed any computer,
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computer system, computer network, or any of its parts with
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the intent to obtain unauthorized information concerning the
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credit information of another person or who introduces or
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causes to be introduced false information into that system or
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network with the intent to wrongfully damage or wrongfully
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enhance the the credit rating of any person where the value
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of the damage or enhancement exceeds $ 2,500.
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(2) Computer fraud in the first degree is a class C felony.
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In lieu of the statutory fine which may be imposed, any
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person who violated this section may be fined a sum of not
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more than two times the amount of the fraud.
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SECTION 708-892 Computer fraud in the second degree. (1) A person
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commits the offense of computer fraud in the second degree if:
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(a) He accesses or causes to be accessed any computer,
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computer system, computer network, or any of its parts with
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the intent to obtain money, property, or services by means of
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embezzlement of false or fraudulent representations where the
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value of the money, property, or services exceeds $ 100 but
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is not more than $ 2,500; or
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(c) He accesses or causes to be accessed any computer,
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computer system, computer network, or any of its parts with
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the intent to obtain unauthorized information concerning the
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credit information of another person or who introduces or
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causes to be introduced false information into that system or
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network with the intent to wrongfully damage or wrongfully
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enhance the the credit rating of any person where the value
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of the damage or enhancement exceeds $ 100 but is not more
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than $ 2,500.
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SECTION 708-893 Computer fraud in the third degree. (1) A person
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commits the offense of computer fraud in the third degree if:
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(a) He accesses or causes to be accessed any computer,
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computer system, computer network, or any of its parts with
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the intent to obtain money, property, or services by means of
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embezzlement of false or fraudulent representations where the
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value of the money, property, or services is not more than $
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100; or
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(c) He accesses or causes to be accessed any computer,
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computer system, computer network, or any of its parts with
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the intent to obtain unauthorized information concerning the
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credit information of another person or who introduces or
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causes to be introduced false information into that system or
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network with the intent to wrongfully damage or wrongfully
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enhance the the credit rating of any person where the value
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of the damage or enhancement is not more than $ 100.
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(2) Computer fraud in the third degree is a petty
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misdemeanor.
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SECTION 708-894 Unauthorized computer use in the first degree.
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(1) A person commits the offense of unauthorized computer use
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in the first degree if he intentionally and without
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authorization accesses, alters, damages, or destroys any
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computer, computer system, computer network, computer
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network, computer program, or computer software, or any data
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stored therein, with a value exceeding $ 10,000.
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SECTION 708-895 Unauthorized computer use in the second degree.
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(1) A person commits the offense of unauthorized computer use
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in the first degree if he intentionally and without
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authorization accesses, alters, damages, or destroys any
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computer, computer system, computer network, computer
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network, computer program, or computer software, or any data
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stored therein, with a value exceeding $ 2,500 but not more
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than $ 10,000.
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(2) Unauthorized computer use in the second degree is a
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misdemeanor.
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SECTION 708-896 Unauthorized computer use in the third degree.
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(1) A person commits the offense of unauthorized computer use
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in the third degree if he intentionally and without
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authorization accesses, alters, damages, or destroys any
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computer, computer system, computer network, computer
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network, computer program, or computer software, or any data
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stored therein, with a value of not more than $ 2,500.
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(2) Unauthorized computer use in the third degree is a petty
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misdemeanor.
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