2012 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
708. Offenses Against Property Rights
708-895.7 Unauthorized computer access in the third degree.

§708-895.7 Unauthorized computer access in the third degree. (1) A person commits the offense of unauthorized computer access in the third degree if the person knowingly accesses a computer, computer system, or computer network without authorization.

(2) Unauthorized computer access in the third degree is a class C felony. [L 2001, c 33, pt of §1; am L 2012, c 293, §6]

COMMENTARY ON §§708-890 TO 895.7

Act 33, Session Laws 2001, strengthened the State's computer crime laws, by, among other things, replacing statutes relating to computer crimes with several new offenses and provisions to deter computer fraud, damage, and other computer-related perpetrations, allowing the forfeiture of property used in computer crimes, and updating computer-related definitions to reflect modern technology and for clarity. The legislature found that society was adopting at a rapid pace, computer technology to conduct activities of daily living. Computer technology was being utilized not only for purposes of business and recreation, but also for criminal activity. Thus, computer-related criminal activity was on the rise as society's dependence on computers increased. Senate Standing Committee Report No. 1508.

Act 3, Session Laws 2003, made a technical amendment to §708-890, by deleting the brackets around the word "retrieve" in the definition of "access".

Act 141, Session Laws 2006, amended §708-893 to include the use of a computer to obtain control over the property of the victim [to commit theft in the first or second degree]. The legislature found that the use of a computer to commit theft is a growing problem in Hawaii and the number of crimes perpetrated via the Internet is increasing. Using a computer as an instrument of the crime offers the perpetrator relative anonymity, a quick and easy mechanism to commit fraud, and the potential for sizable financial gain. Hawaii's statutes relating to computer fraud are inadequate for purposes of prosecuting internet fraud. The amendment of §708-893 would enable law enforcement to respond more efficiently to the various forms of computer crime. Senate Standing Committee Report Nos. 3116 and 3306.

Act 192, Session Laws 2012, amended §708-893(1) by: (1) establishing that knowingly using a computer to perform certain acts against a victim or intended victim of harassment under §711-1106, Hawaii Revised Statutes, or harassment by stalking under §711-1106.5, Hawaii Revised Statutes, constitutes the offense of use of a computer in the commission of a separate crime; and (2) clarifying that the offense of use of a computer in the commission of a separate crime also includes knowingly using a computer to pursue, surveil, contact, harass, annoy, or alarm a victim or intended victim. The legislature found that Act 192 would assist in combating cyberbullying and preventing the emotional harm caused by the dissemination of personal information of an individual, whether true or false, via the Internet or wireless cellular communications. Senate Standing Committee Report No. 3232.

Act 293, Session Laws 2012, amended §708-891 to update Hawaii's computer crime statutes by adding language mirroring Hawaii's identity theft statutes to better address the realities of modern cybercrime by changing the offense of computer fraud in the first degree from a class B felony to a class A felony. Act 293 was intended to streamline and update computer crime statutes to better address and combat cybercrime. Senate Standing Committee Report No. 3230, Conference Committee Report No. 36-12.

Act 293, Session Laws 2012, amended §708-891.5 to update Hawaii's computer crime statutes by adding language mirroring Hawaii's identity theft statutes to better address the realities of modern cybercrime by changing the offense of computer fraud in the second degree from a class C felony to a class B felony. Act 293 was intended to streamline and update computer crime statutes to better address and combat cybercrime. Senate Standing Committee Report No. 3230, Conference Committee Report No. 36-12.

Act 293, Session Laws 2012, added §708-891.6 to establish a new offense of computer fraud in the third degree as a class C felony to update Hawaii's computer crime statutes, adding language mirroring Hawaii's identity theft statutes to better address the realities of modern cybercrime. Act 293 was intended to streamline and update computer crime statutes to better address and combat cybercrime. Senate Standing Committee Report No. 3230, Conference Committee Report No. 36-12.

Act 293, Session Laws 2012, amended §708-895.5 to update Hawaii's computer crime statutes by adding language mirroring Hawaii's identity theft statutes to better address the realities of modern cybercrime by: (1) changing the offense of unauthorized computer access in the first degree from a class B felony to a class A felony; and (2) increasing the minimum value of information obtained that constitutes unauthorized computer access in the first degree from $5,000 to $20,000. Act 293 was intended to streamline and update computer crime statutes to better address and combat cybercrime. Senate Standing Committee Report No. 3230, Conference Committee Report No. 36-12.

Act 293, Session Laws 2012, amended §708-895.6 to update Hawaii's computer crime statutes by adding language mirroring Hawaii's identity theft statutes to better address the realities of modern cybercrime by changing the offense of unauthorized computer access in the second degree from a class C to a class B felony. Act 293 was intended to streamline and update computer crime statutes to better address and combat cybercrime. Senate Standing Committee Report No. 3230, Conference Committee Report No. 36-12.

Act 293, Session Laws 2012, amended §708-895.7 to update Hawaii's computer crime statutes by adding language mirroring Hawaii's identity theft statutes to better address the realities of modern cybercrime by changing the offense of unauthorized computer access in the third degree from a misdemeanor to a class C felony. Act 293 was intended to streamline and update computer crime statutes to better address and combat cybercrime. Senate Standing Committee Report No. 3230, Conference Committee Report No. 36-12.