Haw. Pattern Jury Instr. (Criminal) 18.08

H.R.S. 708-895.5

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

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

Unauthorized Computer Access in the First Degree.

A person commits the offense of Unauthorized Computer

Access in the First Degree if he/she knowingly accesses a

computer, computer system, or computer network without

authorization and thereby obtains information, and [did so for

the purpose of commercial or private financial gain] [did so in

furtherance of any other crime*] [the value of the information

obtained exceeds $5,000] [the information has been determined by

statute or rule of court to require protection against

unauthorized disclosure].

There are four material elements of the offense of

Unauthorized Computer Access in the First Degree, each of which

the prosecution must prove beyond a reasonable doubt.

These four elements are:

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

(name of county), the Defendant knowingly accessed a computer,

computer system, or computer network; and

2. That the Defendant knowingly did so without

authorization; and

3. That the Defendant thereby knowingly obtained

information; and

4. [That the Defendant did so knowingly for the purpose

of commercial or private financial gain] [That the Defendant did

so knowingly in furtherance of any other crime*] [That the

Defendant was aware the value of the information obtained

exceeded $5,000] [That the Defendant was aware that the

information had been determined by statute or rule of court to

require protection against unauthorized disclosure].