Bill Text: HI SB3047 | 2012 | Regular Session | Amended
Bill Title: Computer Fraud; Penalties
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-17 - (S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. [SB3047 Detail]
Download: Hawaii-2012-SB3047-Amended.html
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THE SENATE |
S.B. NO. |
3047 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CRIME.
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 part IX 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 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.
(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 system, or computer
network with the intent to:
(a) Facilitate the commission of a murder in any degree, any 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) 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[, transfers, or]:
(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, 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. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2012.
Report Title:
Computer Fraud; Penalties
Description:
Amends computer fraud statutes to capture a broader range of crimes committed through the use of a computer, computer system, or computer network, and increases penalties for all degrees of computer fraud. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
