types of crime
The world of technology is vast and always evolving. As technology evolves so does cybercrime.
Computer Fraud
Under Hawai‘i’s Computer Fraud statutes, a person commits the offense of Computer Fraud if he/she uses a computer with the intent to commit the offense of theft. A person who obtains property (or who attempts to obtain property) the value of which exceeds $20,000 faces an automatic prison term of up to 20 years. If the value of the property exceeds $300, the person may face a prison term of up to 10 years. And if the value of the property is less than $300, the person may face a prison term of up to 5 years.
Unauthorized Computer Access
Under Hawai‘i’s Unauthorized Computer Access statute, a person commits the offense of Unauthorized Computer Access in the First Degree if he/she accesses a computer, computer system, or computer network without authorization and thereby obtains information, and either (a) the offense was committed for the purpose of commercial or private gain, (b) the offense was committed in furtherance of any other crime, (c) the value of the information obtained exceeds $20,000, or (d) the information obtained has been determined by statute or rule of court to require protection against unauthorized disclosure. A person convicted of Unauthorized Computer Access in the First Degree faces an automatic prison term of up to 20 years. A person who merely obtains information may face a prison term of up to 10 years. And a person who simply accesses a computer without permission may face a prison term of up to 5 years.
Cyber Harassment & Stalking
A person commits cyber harassment if, with intent to harass, annoy, or alarm, he/she uses a computer to repeatedly send electronic communications, including e-mail, without any legitimate purpose. A person commits cyber stalking if, with intent to harass, annoy, or alarm, he/she uses a computer to engage in a course of conduct involving electronic pursuit or surveillance on more than one occasion.
In addition to updating Hawai‘i’s cybercrime statutes, the Prosecuting Attorney also wrote a new law that enables prosecutors to use search warrants, court orders, and subpoenas to obtain evidence located in other states. The law, which took effect in 2012, allows prosecutors to obtain critical evidence, such as e-mail, text messages, network logs, cell site data, financial records, and information posted on social networking websites, regardless of where that evidence is located.
Hawai‘i’s cybercrime laws may be found here:
- Computer Fraud in the 1st Degree, Section 708-891, Hawaii Revised Statutes (HRS)
- Computer Fraud in the 2nd Degree, Section 708-891.5, HRS
- Computer Fraud in the 3rd Degree, Section 708-891.6, HRS
- Computer Damage in the 1st Degree, Section 708-892, HRS
- Computer Damage in the 2nd Degree, Section 708-892.5, HRS
- Use of a Computer in the Commission of a Separate Crime, Section 708-893, HRS
- Unauthorized Computer Access in the 1st Degree, Section 708-895.5, HRS
- Unauthorized Computer Access in the 2nd Degree, Section 708-895.6, HRS
- Unauthorized Computer Access in the 3rd Degree, Section 708-895.7, HRS
