Haw. Pattern Jury Instr. (Criminal) 18.04

H.R.S. 708-892(1)(a)

[In Count (count number) of the Indictment, the] [The]

Defendant, (defendant’s name) is charged with the offense of

Computer Damage in the First Degree.

A person commits the offense of Computer Damage in the

First Degree if he/she knowingly causes the transmission of a

program, information, code, or command, and thereby knowingly

causes unauthorized damage to a computer, computer system, or

computer network, and was aware such damage would [result in a

loss to one or more individuals aggregating at least $5,000 in

value, including the costs associated with diagnosis, repair,

replacement, or remediation, during a one-year period] [result

in the modification or impairment, or potential modification or

impairment, of the medical examination, diagnosis, treatment, or

care of one or more individuals] [result in physical injury to

any person] [threaten public health or safety] [impair the

administration of justice].

There are three material elements of the offense of

Computer Damage in the First Degree, each of which the

prosecution must prove beyond a reasonable doubt.

These three elements are:

1. That, on or about (date) in the [City and] County of

(name of county), the Defendant knowingly caused the

transmission of a program, information, code, or command; and

2. That by doing so, the defendant knowingly caused

unauthorized damage to a computer, computer system, or computer

network; and

3. That the Defendant was aware the damage would [result

in a loss to one or more individuals aggregating at least $5,000

in value, including the costs associated with diagnosis, repair,

replacement, or remediation, during a one-year period] [result

in the modification or impairment, or potential modification or

impairment, of the medical examination, diagnosis, treatment, or

care of one or more individuals] [result in physical injury to

any person] [threaten public health or safety] [impair the

administration of justice].