Bill Text: HI SB2259 | 2012 | Regular Session | Introduced


Bill Title: Computer Fraud; Computer Scammers; Social Networking Sites

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2012-02-15 - (S) The committee on EDT deferred the measure. [SB2259 Detail]

Download: Hawaii-2012-SB2259-Introduced.html

THE SENATE

S.B. NO.

2259

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to computer fraud.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that law enforcement agencies initiate theft offenses based on the value of the property taken.  However, it is unclear how to put a value on things such as one's reputation or social security number.  Computers and social networking sites open a person's home to invasion by anyone with the technical skills to acquire such personal information.  The legislature finds that existing laws protect a person's home from a physical invasion but do not sufficiently protect against an electronic invasion through social networking sites.

     The purpose of this Act is to amend the offense of computer fraud in the first degree and to delete the dollar amount requirement as a defense of the crime.

     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.] attempts to obtain confidential personal information of another or information relating to the transfer of possession, control, or ownership of property of another, through communications conducted at least in part by computer.

     (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)  Computer fraud in the first degree is a class B felony."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Computer Fraud; Computer Scammers; Social Networking Sites

 

Description:

Amends the offense of computer fraud in the first degree to obtaining or attempting to obtain confidential personal information of another or information relating to the transfer of possession, control, or ownership of property of another, through communication conducted at least in part by computer.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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