Bill Text: HI SB2887 | 2012 | Regular Session | Introduced
Bill Title: Computer Fraud
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-27 - (S) Referred to EDT, JDL. [SB2887 Detail]
Download: Hawaii-2012-SB2887-Introduced.html
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THE SENATE |
S.B. NO. |
2887 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to computer fraud.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§708- Computer fraud in the third degree. (1) A person commits the offense of computer fraud in the third degree if the person knowingly, and with the intent to defraud, accesses a computer, computer system, or computer network with the intent to commit the offense of theft in the third or fourth degree.
(2) Computer fraud in the third degree is a class C felony."
SECTION 2. Section 708-891, Hawaii Revised Statutes, is amended to read as follows:
"[[]§708-891[]] Computer
fraud in the first degree. (1) A person commits the offense of computer
fraud in the first degree if the person knowingly, and with intent to defraud,
accesses a computer [without authorization and, by means of such conduct,
obtains or exerts control over the property of another.], computer
system, or computer network with the intent to:
(a) Facilitate the commission of a murder in any degree, a class A felony, kidnapping, unlawful imprisonment in any degree, extortion in any degree, any offense under chapter 134, criminal property damage in the first or second degree, escape in any degree, any offense under part VI of chapter 710, any offense under section 711-1103, or any offense under chapter 842; or
(b) Commit the offense of theft in the first degree.
[(2) In a prosecution for computer fraud in
the first degree, it is a defense that the object of the fraud and the property
obtained consists only of the use of the computer and the value of such use is
not more than $300 in any one-year period.
(3)] (2) Computer fraud in the
first degree is a class [B] A felony."
SECTION 3. Section 708-891.5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§708-891.5[]] Computer
fraud in the second degree. (1) A person commits the offense of computer
fraud in the second degree if the person knowingly, and with the intent to
defraud[,]:
(a) Accesses a computer, computer system, or computer network with the intent to commit the offense of theft in the second degree; or
(b) [transfers,] Transfers or
otherwise disposes of, to another, or obtains control of, with the intent to
transfer or dispose of, any password or similar information through which a
computer, computer system, or computer network may be accessed.
(2) Computer fraud in the second degree is a
class [C] B felony."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Computer Fraud
Description:
Defines computer fraud in the third degree and designates it as a class C felony. Amends section 708-891 and 708-891.5, Hawaii Revised Statutes, to include computer fraud that occurs not only when accessing a computer, but also when accessing a computer system or computer network; makes computer fraud in the first degree a class A felony, and makes computer fraud in the second degree a class B felony.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
