Prohibits online sale of stolen property, online theft by deception, and electronic fencing. Makes the offenses a class C felony for amounts in excess of $300 and a misdemeanor for amounts less than $300.

A BILL FOR AN ACT

SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . ONLINE PROPERTY OFFENSES

§708- Definitions. As used in this part:

"Access" means to use, instruct, communicate with, store data in, retrieve or intercept data from, or otherwise utilize any services of a computer.

"Computer" means a device that accepts, processes, stores, retrieves, or outputs data and includes, but is not limited to auxiliary storage and telecommunications devices connected to computers.

"Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a world wide web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.

"Online" means the use of any electronic or wireless device to access the Internet.

§708- Online sale of stolen property. A person commits the offense of online sale of stolen property when the person uses or accesses the Internet with the intent of selling property gained through unlawful means.

§708- Online theft by deception. A person commits the offense of online theft by deception when the person uses the Internet to purchase or attempt to purchase property from a seller with a mode of payment that the person knows is fictitious, stolen, or lacking the consent of the valid account holder.

§708- Electronic fencing. A person commits the offense of electronic fencing when the person sells stolen property using the Internet, knowing that the property was stolen. A person who unknowingly purchases stolen property over the Internet does not violate this section.

§708- Penalty. A violation of this part is a class C felony if the value of the stolen property or property obtained by deception exceeds $300. A violation of this part is a misdemeanor if the value of the stolen property or property obtained by deception is $300 or less."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. This Act shall take effect upon its approval.