REPORT TITLE:



DESCRIPTION:


 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
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 XI 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-     Use of a computer in the commission of a separate
 
 7 crime.  (1)  A person commits the offense of use of a computer in
 
 8 the commission of a separate crime if the person intentionally or
 
 9 knowingly uses a computer to facilitate the commission of or
 
10 attempted commission of the following offenses: section 707-726
 
11 relating to custodial interference in the first degree; section
 
12 707-727 relating to custodial interference in the second degree;
 
13 section 707-731 relating to sexual assault in the second degree;
 
14 section 707-732 relating to sexual assault in the third degree;
 
15 section 707-733 relating to sexual assault in the fourth degree;
 
16 section 707-751 relating to promoting child abuse in the second
 
17 degree; section 712-1202 relating to promoting prostitution in
 
18 the first degree; section 712-1203 relating to promoting
 
19 prostitution in the second degree; and section 712-1215 relating
 
20 to promoting pornography for minors.
 
21      (2)  A person uses a computer to facilitate the commission
 
22 of an offense if that person uses a computer to identify, select,
 
23 solicit, persuade, coerce, entice, induce, or procure the victim
 

 
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 1 or intended victim of the crime, or that person uses the computer
 
 2 in any other way to facilitate the commission of the offense.
 
 3      (3)  Use of a computer in the commission of a separate crime
 
 4 is an offense one class or grade, as the case may be, greater
 
 5 than the offense facilitated.  Notwithstanding any other
 
 6 provision of law, a conviction under this section shall not merge
 
 7 with a conviction for the offense facilitated."
 
 8      SECTION 6.  Chapter 708, Hawaii Revised Statutes, is amended
 
 9 by adding to part IX a new section to be appropriately designated
 
10 and to read as follows:
 
11      "§708-     Forfeiture of property used in computer crimes.
 
12 Any property used or intended for use in the commission of,
 
13 attempt to commit, or conspiracy to commit an offense under this
 
14 section, or which facilitated or assisted such activity, shall be
 
15 forfeited subject to the requirements of chapter 712A."
 
16      SECTION 7.  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-     Jurisdiction.  For purposes of prosecution under
 
20 this part, a person who causes, by any means, the access of a
 
21 computer, computer system, or computer network in one
 
22 jurisdiction from another jurisdiction is deemed to have
 
23 personally accessed the computer, computer system, or computer
 

 
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 1 network in each jurisdiction."
 
 2      SECTION 8.  Section 701-108, Hawaii Revised Statutes, is
 
 3 amended by amending subsection (2) to read as follows:
 
 4      "(2)  Except as otherwise provided in this section,
 
 5 prosecutions for other offenses are subject to the following
 
 6 periods of limitation:
 
 7      (a)  A prosecution for manslaughter where the death was
 
 8           caused by the operation of a motor vehicle must be
 
 9           commenced within ten years after it is committed;
 
10      (b)  A prosecution for a class A felony must be commenced
 
11           within six years after it is committed;
 
12      (c)  A prosecution for any felony under part IX of chapter
 
13           708 must be commenced within five years after it is
 
14           committed;
 
15     [(c)] (d)  A prosecution for any other felony must be
 
16           commenced within three years after it is committed;
 
17     [(d)] (e)  A prosecution for a misdemeanor or parking
 
18           violation must be commenced within two years after it
 
19           is committed;
 
20     [(e)] (f)  A prosecution for a petty misdemeanor or a
 
21           violation other than a parking violation must be
 
22           commenced within one year after it is committed."
 
23      SECTION 9.  Section 707-764, Hawaii Revised Statutes, is
 

 
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 1 amended to read as follows:
 
 2      "[[]§707-764[]]  Extortion.  A person commits extortion if
 
 3 he does any of the following:
 
 4      (1)  Obtains, or exerts control over, the property or
 
 5           services of another with intent to deprive him of the
 
 6           property or services by threatening by word or conduct
 
 7           to:
 
 8           (a)  Cause bodily injury in the future to the person
 
 9                threatened or to any other person; or
 
10           (b)  Cause damage to property[;] or cause damage, as
 
11                defined in section 708-890, to a computer,
 
12                computer system, or computer network; or
 
13           (c)  Subject the person threatened or any other person
 
14                to physical confinement or restraint; or
 
15           (d)  Commit a penal offense; or
 
16           (e)  Accuse some person of any offense or cause a penal
 
17                charge to be instituted against some person; or
 
18           (f)  Expose a secret or publicize an asserted fact,
 
19                whether true or false, tending to subject some
 
20                person to hatred, contempt, or ridicule, or to
 
21                impair his credit or business repute; or
 
22           (g)  Reveal any information sought to be concealed by
 
23                the person threatened or any other person; or
 

 
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 1           (h)  Testify or provide information or withhold
 
 2                testimony or information with respect to another's
 
 3                legal claim or defense; or
 
 4           (i)  Take or withhold action as a public servant, or
 
 5                cause a public servant to take or withhold such
 
 6                action; or
 
 7           (j)  Bring about or continue a strike, boycott, or
 
 8                other similar collective action, to obtain
 
 9                property which is not demanded or received for the
 
10                benefit of the group which the defendant purports
 
11                to represent; or
 
12           (k)  Do any other act which would not in itself
 
13                substantially benefit the defendant but which is
 
14                calculated to harm substantially some person with
 
15                respect to his health, safety, business, calling,
 
16                career, financial condition, reputation, or
 
17                personal relationships; or
 
18      (2)  Intentionally compels or induces another person to
 
19           engage in conduct from which he has a legal right to
 
20           abstain or to abstain from conduct in which he has a
 
21           legal right to engage by threatening by word or conduct
 
22           to do any of the actions set forth in [paragraphs (a)]
 
23           paragraph (1)(a) through (k) of this section; or
 

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

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

 
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 1 connected together and operating under the control of one or more
 
 2 computer programs.] a set of interconnected computer equipment
 
 3 intended to operate as a cohesive system.
 
 4      "Damage" means any impairment to the integrity or
 
 5 availability of data, a program, a system, a network, or computer
 
 6 services.
 
 7      "Data" means information [stored in a computer system or on
 
 8 electronic media or processed in a computer system.], facts,
 
 9 concepts, software, or instructions prepared for use in a
 
10 computer, computer system, or computer network.
 
11      ["Disruption" means any deviation from normal operations of
 
12 any computer, computer system, or computer network.
 
13      "Injury" includes addition, alteration, damage, deletion,
 
14 destruction, denial of access with respect to data in, or
 
15 functions of, a computer system or computer network.]
 
16      "Obtain information" includes mere observation of the data.
 
17      "Property" includes financial instruments, data, computer
 
18 software, computer programs, documents associated with computer
 
19 systems [and computer programs, or copies, whether tangible or
 
20 intangible, and data while in transit.], money, computer
 
21 services, or anything else of value.
 
22      "Rule of court" means any rule adopted by the supreme court
 
23 of this State, the Federal Rules of Civil Procedure, or the
 

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

 
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 1           obtaining credit information on another person; or
 
 2      (d)  The person accesses or causes to be accessed any
 
 3           computer, computer system, computer network, or any of
 
 4           its parts with the intent of introducing or causing to
 
 5           be introduced false information to damage or enhance
 
 6           the credit rating of any person.
 
 7      (2)  Computer fraud is a class C felony.] Unauthorized
 
 8 computer access in the first degree.  (1)  A person commits the
 
 9 offense of unauthorized computer access in the first degree if
 
10 the person intentionally or knowingly accesses a computer,
 
11 computer system, or computer network without authorization and
 
12 thereby obtains information, and:
 
13      (a)  The offense was committed for the purpose of commercial
 
14           or private financial gain; or
 
15      (b)  The offense was committed in furtherance of any other
 
16           crime; or
 
17      (c)  The value of the information obtained exceeds $5,000;
 
18           or
 
19      (d)  The information has been determined by statute or rule
 
20           of court to require protection against unauthorized
 
21           disclosure.
 
22      (2)  Unauthorized computer access in the first degree is a
 
23 class B felony."
 

 
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 1      SECTION 12.  Section 708-892, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§708-892[]  Unauthorized computer use.(1)  A person
 
 4 commits the offense of unauthorized computer use if the person
 
 5 intentionally and without authorization accesses, alters,
 
 6 injures, disrupts, damages, or destroys any computer, computer
 
 7 system, computer network, computer program, computer software, or
 
 8 any data stored therein.
 
 9      (2)  Unauthorized computer use is a class C felony.]
 
10 Unauthorized computer access in the second degree.  (1)  A person
 
11 commits the offense of unauthorized computer access in the second
 
12 degree if the person intentionally or knowingly accesses a
 
13 computer, computer system, or computer network without
 
14 authorization and thereby obtains information.
 
15      (2)  Unauthorized computer access in the second degree is a
 
16 class C felony."
 
17      SECTION 13.  Section 708-893, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[[]§708-893[]  Entry without disruption.(1)  The court
 
20 may dismiss a prosecution if, having regard to the nature of the
 
21 conduct alleged and nature of the attendant circumstances, it
 
22 finds that the defendant's conduct did not actually cause harm or
 
23 damage to any computer, computer system, computer network, or any
 

 
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 1 of its data or software.
 
 2      (2)  The court shall not dismiss a prosecution under
 
 3 [subsection] (1) without filing a written statement of its
 
 4 reasons.]  Unauthorized computer access in the third degree.  (1)
 
 5 A person commits the offense of unauthorized computer access in
 
 6 the third degree if the person intentionally or knowingly
 
 7 accesses a computer, computer system, or computer network without
 
 8 authorization.
 
 9      (2)  Unauthorized computer access in the third degree is a
 
10 misdemeanor."
 
11      SECTION 14.  This Act does not affect rights and duties that
 
12 matured, penalties that were incurred, and proceedings that were
 
13 begun, before its effective date.
 
14      SECTION 15.  Statutory material to be repealed is bracketed.
 
15 New statutory material is underscored.
 
16      SECTION 16.  This Act shall take effect upon its approval. 
 
17 
 
18                       INTRODUCED BY:  ___________________________
 

 
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