Haw. Pattern Jury Instr. (Criminal) 18.00

TABLE OF INSTRUCTIONS23

18. CHAPTER 708 PART IX -- COMPUTER CRIME

Instructions (10/27/03).

(10/27/03).

708-891.5 (10/27/03).

891.5 (10/27/03).

892(1)(a) (10/27/03).

(10/27/03).

Crime H.R.S. § 708-893 (10/27/03).

Crime H.R.S. § 708-893(a) (10/29/14).

Crime H.R.S. § 708-893(b) (10/29/14).

(10/27/03).

(10/27/03).

(10/27/03).

The original instructions approved and published in Volume I in

December 1991 are not dated. New or amended instructions in Volumes I and II

reflect the Supreme Court's approval date in parentheses.

23

COMPUTER CRIMES - STANDARD JURY INSTRUCTIONS

“Access” means to gain entry to, instruct, communicate with,

store data in, retrieve data from, or otherwise make use of any

resources of a computer, computer system, or computer network.

“Computer” means any electronic, magnetic, optical,

electrochemical, or other high-speed data processing device

performing logical, arithmetic, or storage functions, and

includes all computer equipment connected or related to such a

device in a computer system or computer network, but shall not

include an automated typewriter or typesetter, a portable

handheld calculator, or other similar device.

“Computer network” means two or more computers or computer

systems, interconnected by communication lines, including

microwave, electronic, or any other form of communication.

“Computer program” or “software” means set of computer-readable

instructions or statements and related data that, when executed

by a computer system, causes the computer system or the computer

network to which it is connected to perform computer services.

“Computer services” includes but is not limited to the use of a

computer system, computer network, computer program, data

prepared for computer use, and date contained within a computer

system or computer network.

“Computer system” means a set of interconnected computer

equipment intended to operate as a cohesive system.

“Damage” means any impairment to the integrity or availability

of data, a program, a system, a network, or computer services.

“Data” means information, facts, concept, software, or

instructions prepared for use in a computer, computer system, or

computer network.

“Intent to defraud” means (1) an intent to use deception to

injure another’s interest which has value; (2) knowledge by the

defendant that the defendant is facilitating an injury to

another’s interest which has value.

“Obtain information” includes but is not limited to mere

observation of the data.

“Property” includes financial instruments, data, computer

software, computer programs, documents associated with computer

systems, money, computer services, or anything else of value.

“Rule of court” means any rule adopted by the Supreme Court of

this State, the Federal Rules of Civil Procedure, or the Federal

Rules of Criminal Procedure.

“Statute” means any statute of this State or the federal

government.

“Without authorization” means without the permission of or in

excess of the permission of, an owner, lessor, or rightful user

or someone licenses or privileged by an owner, lessor, or

rightful user to grant the permission.