REPORT TITLE:
Computer Crimes


DESCRIPTION:
Creates offenses of computer fraud in the first degree as a class
B felony, computer fraud in the second degree as a class C
felony, computer damage in the first degree as a class B felony
and computer damage in the second degree as a class C felony.
Allows for forfeiture of property used in commission of these
computer crimes.  Extends jurisdiction over defendants committing
computer crimes beyond Hawaii.  Extends the statute of limitation
for these crimes to five years.  Amends the definition of
extortion to include threats of damaging someone's computer.
Repeals the present computer fraud statute and the present entry
without disruption statute and replaces them with three grades of
offenses of unauthorized computer access. (HB2413 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2413
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT

RELATING TO COMPUTER CRIME.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 708, Hawaii Revised Statutes, is
 
 2 amended by adding to part IX a new section to be appropriately
 
 3 designated and to read as follows:
 
 4      "708-     Computer fraud in the first degree.  (1)  A
 
 5 person commits the offense of computer fraud in the first degree
 
 6 if the person knowingly, and with intent to defraud, accesses a
 
 7 computer without authorization and, by means of such conduct,
 
 8 obtains or exerts control over the property of another.
 
 9      (2)  In a prosecution for computer fraud in the first
 
10 degree, it is a defense that the object of the fraud and the
 
11 property obtained consists only of the use of the computer and
 
12 the value of such use is not more than $300 in any one-year
 
13 period.
 
14      (3)  Computer fraud in the first degree is a class B
 
15 felony."
 
16      SECTION 2.  Chapter 708, Hawaii Revised Statutes, is amended
 
17 by adding to part IX a new section to be appropriately designated
 
18 and to read as follows:
 
19      "708-     Computer fraud in the second degree.  (1)  A
 

 
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 1 person commits the offense of computer fraud in the second degree
 
 2 if the person knowingly, and with the intent to defraud,
 
 3 transfers, or otherwise disposes of, to another, or obtains
 
 4 control of, with the intent to transfer or dispose of, any
 
 5 password or similar information through which a computer,
 
 6 computer system, or computer network may be accessed.
 
 7 ,    (2)  Computer fraud in the second degree is a class C
 
 8 felony."
 
 9      SECTION 3.  Chapter 708, Hawaii Revised Statutes, is amended
 
10 by adding to part IX a new section to be appropriately designated
 
11 and to read as follows:
 
12      "708-     Computer damage in the first degree.  (1)  A
 
13 person commits the offense of computer damage in the first degree
 
14 if:
 
15      (a)  The person intentionally or knowingly causes the
 
16           transmission of a program, information, code, or
 
17           command, and thereby intentionally causes unauthorized
 
18           damage to a computer, computer system, or computer
 
19           network; or
 
20      (b)  The person intentionally or knowingly accesses a
 
21           computer, computer system, or computer network without
 
22           authorization and thereby intentionally or knowingly
 
23           causes damage.
 

 
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 1      (2)  As used in this section, the "damage" must:
 
 2      (a)  Result in a loss aggregating at least $5,000 in value,
 
 3           including the costs associated with diagnosis, repair,
 
 4           replacement, or remediation, during any one-year period
 
 5           to one or more individuals; or
 
 6      (b)  Result in the modification or impairment, or potential
 
 7           modification or impairment, of the medical examination,
 
 8           diagnosis, treatment, or care of one or more
 
 9           individuals; or
 
10      (c)  Result in physical injury to any person; or
 
11      (d)  Threaten public health or safety; or
 
12      (e)  Impair the administration of justice.
 
13      (3)  Computer damage in the first degree is a class B
 
14 felony."
 
15      SECTION 4.  Chapter 708, Hawaii Revised Statutes, is amended
 
16 by adding to part IX a new section to be appropriately designated
 
17 and to read as follows:
 
18      "708-     Computer damage in the second degree.  (1)  A
 
19 person commits the offense of computer damage in the second
 
20 degree if the person intentionally or knowingly accesses a
 
21 computer, computer system, or computer network without
 
22 authorization and thereby knowingly, recklessly, or negligently
 
23 causes damage.
 

 
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 1      (2)  Computer damage in the second degree is a class C
 
 2 felony."
 
 3      SECTION 5.  Chapter 708, Hawaii Revised Statutes, is amended
 
 4 by adding to part IX a new section to be appropriately designated
 
 5 and to read as follows:
 
 6      "708-     Forfeiture of property used in computer crimes.
 
 7 Any property used or intended for use in the commission of,
 
 8 attempt to commit, or conspiracy to commit an offense under this
 
 9 section, or which facilitated or assisted such activity, shall be
 
10 forfeited subject to the requirements of chapter 712A."
 
11      SECTION 6.  Chapter 708, Hawaii Revised Statutes, is amended
 
12 by adding to part IX a new section to be appropriately designated
 
13 and to read as follows:
 
14      "708-     Jurisdiction.  For purposes of prosecution under
 
15 this part, a person who causes, by any means, the access of a
 
16 computer, computer system, or computer network in one
 
17 jurisdiction from another jurisdiction is deemed to have
 
18 personally accessed the computer, computer system, or computer
 
19 network in each jurisdiction."
 
20      SECTION 7.  Section 701-108, Hawaii Revised Statutes, is
 
21 amended by amending subsection (2) to read as follows:
 
22      "(2)  Except as otherwise provided in this section,
 
23 prosecutions for other offenses are subject to the following
 

 
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 1 periods of limitation:
 
 2      (a)  A prosecution for manslaughter where the death was not
 
 3           caused by the operation of a motor vehicle must be
 
 4           commenced within ten years after it is committed;
 
 5      (b)  A prosecution for a class A felony must be commenced
 
 6           within six years after it is committed;
 
 7      (c)  A prosecution for any felony under part IX of chapter
 
 8           708 must be commenced within five years after it is
 
 9           committed;
 
10     [(c)] (d)  A prosecution for any other felony must be
 
11           commenced within three years after it is committed;
 
12     [(d)] (e)  A prosecution for a misdemeanor or parking
 
13           violation must be commenced within two years after it
 
14           is committed;
 
15     [(e)] (f)  A prosecution for a petty misdemeanor or a
 
16           violation other than a parking violation must be
 
17           commenced within one year after it is committed."
 
18      SECTION 8.  Section 707-764, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "[[]707-764[]]  Extortion.  A person commits extortion if
 
21 he does any of the following:
 
22      (1)  Obtains, or exerts control over, the property or
 
23           services of another with intent to deprive him of the
 

 
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 1           property or services by threatening by word or conduct
 
 2           to:
 
 3           (a)  Cause bodily injury in the future to the person
 
 4                threatened or to any other person; or
 
 5           (b)  Cause damage to property[;] or cause damage, as
 
 6                defined in section 708-890, to a computer,
 
 7                computer system, or computer network; or
 
 8           (c)  Subject the person threatened or any other person
 
 9                to physical confinement or restraint; or
 
10           (d)  Commit a penal offense; or
 
11           (e)  Accuse some person of any offense or cause a penal
 
12                charge to be instituted against some person; or
 
13           (f)  Expose a secret or publicize an asserted fact,
 
14                whether true or false, tending to subject some
 
15                person to hatred, contempt, or ridicule, or to
 
16                impair his credit or business repute; or
 
17           (g)  Reveal any information sought to be concealed by
 
18                the person threatened or any other person; or
 
19           (h)  Testify or provide information or withhold
 
20                testimony or information with respect to another's
 
21                legal claim or defense; or
 
22           (i)  Take or withhold action as a public servant, or
 
23                cause a public servant to take or withhold such
 

 
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 1                action; or
 
 2           (j)  Bring about or continue a strike, boycott, or
 
 3                other similar collective action, to obtain
 
 4                property which is not demanded or received for the
 
 5                benefit of the group which the defendant purports
 
 6                to represent; or
 
 7           (k)  Do any other act which would not in itself
 
 8                substantially benefit the defendant but which is
 
 9                calculated to harm substantially some person with
 
10                respect to his health, safety, business, calling,
 
11                career, financial condition, reputation, or
 
12                personal relationships; or
 
13      (2)  Intentionally compels or induces another person to
 
14           engage in conduct from which he has a legal right to
 
15           abstain or to abstain from conduct in which he has a
 
16           legal right to engage by threatening by word or conduct
 
17           to do any of the actions set forth in [paragraphs (a)]
 
18           paragraph (1)(a) through (k) of this section; or
 
19      (3)  Makes or finances any extortionate extension of
 
20           credit, or collects any extension of credit by
 
21           extortionate means."
 
22      SECTION 9.  Section 708-890, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
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 1      "[[]708-890[]]  Definitions.  As used in this part, unless
 
 2 the context otherwise requires:
 
 3      "Access" means to gain entry to [or], instruct, communicate
 
 4 with, store data in, retrieve data from, or otherwise make use of
 
 5 any resources of a computer, computer system, or computer
 
 6 network.
 
 7      "Computer" means any [device which performs logical,
 
 8 arithmetic, and memory functions by the manipulation of
 
 9 electronic or magnetic impulses and includes all input, output,
 
10 processing, storage, software, or communication facilities which
 
11 are connected or related to such a device in a computer system or
 
12 computer network.] electronic, magnetic, optical,
 
13 electrochemical, or other high-speed data processing device
 
14 performing logical, arithmetic, or storage functions, and
 
15 includes all computer equipment connected or related to such a
 
16 device in a computer system or computer network, but such term
 
17 does not include an automated typewriter or typesetter, a
 
18 portable hand-held calculator, or other similar device.
 
19      "Computer equipment" [or "hardware" means central processing
 
20 units, microprocessors, data storage and other computer memory
 
21 devices, and computer terminals or similar devices.] means any
 
22 equipment or devices, including all input, output, processing,
 
23 storage, software, or communications facilities, intended to
 

 
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 1 interface with the computer.
 
 2      "Computer network" means two or more [computer systems
 
 3 connected so as to permit the exchange or sharing of data between
 
 4 or among them.] computers or computer systems, interconnected by
 
 5 communication lines, including microwave, electronic, or any
 
 6 other form of communication.
 
 7      "Computer program" or "software" means a set of computer-
 
 8 readable instructions or statements [which,] and related data
 
 9 that, when executed by a computer system, causes the computer
 
10 system or the computer network to which it is connected to
 
11 perform computer services.
 
12      "Computer services" [means data input, data output, data
 
13 processing, or data storage by or in a computer system or
 
14 computer network.] includes, but is not limited to, the use of a
 
15 computer system, computer network, computer program, data
 
16 prepared for computer use, and data contained within a computer
 
17 system or computer network.
 
18      "Computer system" means [computer equipment or hardware
 
19 connected together and operating under the control of one or more
 
20 computer programs.] a set of interconnected computer equipment
 
21 intended to operate as a cohesive system.
 
22      "Damage" means any impairment to the integrity or
 
23 availability of data, a program, a system, a network, or computer
 

 
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 1 services.
 
 2      "Data" means information [stored in a computer system or on
 
 3 electronic media or processed in a computer system.], facts,
 
 4 concepts, software, or instructions prepared for use in a
 
 5 computer, computer system, or computer network.
 
 6      ["Disruption" means any deviation from normal operations of
 
 7 any computer, computer system, or computer network.
 
 8      "Injury" includes addition, alteration, damage, deletion,
 
 9 destruction, denial of access with respect to data in, or
 
10 functions of, a computer system or computer network.]
 
11      "Obtain information" includes mere observation of the data.
 
12      "Property" includes financial instruments, data, computer
 
13 software, computer programs, documents associated with computer
 
14 systems [and computer programs, or copies, whether tangible or
 
15 intangible, and data while in transit.], money, computer
 
16 services, or anything else of value.
 
17      "Rule of court" means any rule adopted by the supreme court
 
18 of this State, the Federal Rules of Civil Procedure, or the
 
19 Federal Rules of Criminal Procedure.
 
20      "Statute" means any statute of this State or the federal
 
21 government.
 
22      "Without authorization" means without the permission of or
 
23 in excess of the permission of an owner, lessor, or rightful user
 

 
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 1 or someone licensed or privileged by an owner, lessor, or
 
 2 rightful user to grant such permission."
 
 3      SECTION 10.  Section 708-891, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "[[]708-891[]  Computer fraud.(1)  A person commits the
 
 6 offense of computer fraud if:
 
 7      (a)  The person accesses or causes to be accessed any
 
 8           computer, computer system, computer network, or any of
 
 9           its parts with the intent of devising or executing any
 
10           scheme or artifice to defraud; or
 
11      (b)  The person accesses or causes to be accessed any
 
12           computer, computer system, computer network, or any of
 
13           its parts with the intent of obtaining money, property,
 
14           or services by means of embezzlement or false or
 
15           fraudulent representations; or
 
16      (c)  The person, without authorization, accesses or causes
 
17           to be accessed any computer, computer system, computer
 
18           network, or any of its parts with the intent of
 
19           obtaining credit information on another person; or
 
20      (d)  The person accesses or causes to be accessed any
 
21           computer, computer system, computer network, or any of
 
22           its parts with the intent of introducing or causing to
 
23           be introduced false information to damage or enhance
 

 
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 1           the credit rating of any person.
 
 2      (2)  Computer fraud is a class C felony.] Unauthorized
 
 3 computer access in the first degree.  (1)  A person commits the
 
 4 offense of unauthorized computer access in the first degree if
 
 5 the person intentionally or knowingly accesses a computer,
 
 6 computer system, or computer network without authorization and
 
 7 thereby obtains information, and:
 
 8      (a)  The offense was committed for the purpose of commercial
 
 9           or private financial gain; or
 
10      (b)  The offense was committed in furtherance of any other
 
11           crime; or
 
12      (c)  The value of the information obtained exceeds $5,000;
 
13           or
 
14      (d)  The information has been determined by statute or rule
 
15           of court to require protection against unauthorized
 
16           disclosure.
 
17      (2)  Unauthorized computer access in the first degree is a
 
18 class B felony."
 
19      SECTION 11.  Section 708-892, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "[[]708-892[]  Unauthorized computer use.(1)  A person
 
22 commits the offense of unauthorized computer use if the person
 
23 intentionally and without authorization accesses, alters,
 

 
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 1 injures, disrupts, damages, or destroys any computer, computer
 
 2 system, computer network, computer program, computer software, or
 
 3 any data stored therein.
 
 4      (2)  Unauthorized computer use is a class C felony.]
 
 5 Unauthorized computer access in the second degree.  (1)  A person
 
 6 commits the offense of unauthorized computer access in the second
 
 7 degree if the person intentionally or knowingly accesses a
 
 8 computer, computer system, or computer network without
 
 9 authorization and thereby obtains information.
 
10      (2)  Unauthorized computer access in the second degree is a
 
11 class C felony."
 
12      SECTION 12.  Section 708-893, Hawaii Revised Statutes, is
 
13 amended to read as follows:
 
14      "[[]708-893[]  Entry without disruption.(1)  The court
 
15 may dismiss a prosecution if, having regard to the nature of the
 
16 conduct alleged and nature of the attendant circumstances, it
 
17 finds that the defendant's conduct did not actually cause harm or
 
18 damage to any computer, computer system, computer network, or any
 
19 of its data or software.
 
20      (2)  The court shall not dismiss a prosecution under
 
21 [subsection] (1) without filing a written statement of its
 
22 reasons.]  Unauthorized computer access in the third degree.  (1)
 
23 A person commits the offense of unauthorized computer access in
 

 
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 1 the third degree if the person intentionally or knowingly
 
 2 accesses a computer, computer system, or computer network without
 
 3 authorization.
 
 4      (2)  Unauthorized computer access in the third degree is a
 
 5 misdemeanor."
 
 6      SECTION 13.  This Act does not affect rights and duties that
 
 7 matured, penalties that were incurred, and proceedings that were
 
 8 begun, before its effective date.
 
 9      SECTION 14.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 15.  This Act shall take effect upon its approval.