HAWAII

DIVISION 5. CRIMES AND CRIMINAL PROCEEDINGS TITLE 37. HAWAII PENAL CODE
CHAPTER 708. OFFENSES AGAINST PROPERTY RIGHTS

COMPUTER CRIME

708-890 Definitions

              As used in this part, unless the context otherwise requires:"Access" means to gain

              entry to or communicate with a computer, computer system, or computer network.



             "Computer" means any device which performs logical, arithmetic, and memory functions

              by the manipulation of electronic or magnetic inpulses 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 equipment" or "hardware" means central processing units, microprocessors, data

              storage and other computer memory devices, and computer terminals or similar devices.



             "Computer network" means two or more computer systems connected so as to permit the

              exchange or sharing of data between or among them.



             "Computer program" or "software" means a set of computer-readable instructions or

              statements which, when executed by a computer system, causes the computer system or the computer

              network to which it is connected to perform computer services.



             "Computer services" means data input, data output, data processing, or data storage by

              or in a computer system or computer network.



             "Computer system" means computer equipment or hardware connected together and

              operating under the control of one or more computer programs.



             "Data" means information stored in a computer system or on electronic media or processed

              in a computer system.



             "Disruption" means any deviation from normal operations of any computer, computer

              system, or computer network.



             "Injury" includes addition, alteration, damage, deletion, destruction, denial of access with

              respect to data in, or functions of, a computer system or computer network.



             "Property" includes 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.



             "Without authorization" means without the permission of or in excess of the permission

              of an owner, lessor, or rightful user or someone licensed or privileged by an owner, lessor, or rightful user

              to grant such permission.

708-891 Computer fraud

      (1) A person commits the offense of computer fraud if:  (a)

          The person accesses or causes to be accessed any computer, computer system, computer network, or any

          of its parts with the intent of devising or executing any scheme or artifice to defraud; or



             (b) The person accesses or causes to be accessed any computer, computer system,

                 computer network, or any of its parts with the intent of obtaining money, property or services by means

                 of embezzlement or false or fraudulent representations; or



             (c) The person, without authorization, accesses or causes to be accessed any computer,

                 computer system, computer network, or any of its parts with the intent of obtaining credit information on

                 another person; or



             (d) The person accesses or causes to be accessed any computer, computer system,

                 computer network, or any of its parts with the intent of introducing or causing to be introduced false

                 information to damage or enhance the credit rating of any person.



      (2) Computer fraud is a class C felony.

708-892 Unauthorized computer use

      

      (1) A person commits the offense of unauthorized computer

          use if the person intentionally and without authorization accesses, alters, injures, disrupts, damages, or

          destroys any computer, computer system, computer network, computer program, computer software, or

          any data stored therein.



      (2) Unauthorized computer use is a class C felony.

708-893 Entry without disruption

      (1) The court may dismiss a prosecution if, having regard to the

          nature of the conduct alleged and nature of the attendant circumstances, it finds that the defendant's

          conduct did not actually cause harm or damage to any computer, computer system, computer network, or

          any of its data or software.



      (2) The court shall not dismiss a prosecution under section (1) without filing a written statement

          of its reasons.