COMPUTER FRAUD IN THE FIRST DEGREE

COMPUTER FRAUD IN THE FIRST DEGREE: H.R.S. 708-891 [In Count (count number) of the Indictment, the] [The] Defendant, (defendant’s name) is charged with the offense of Computer Fraud in the First Degree. A person commits the offense of Computer Fraud in the First Degree if he/she 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. There are two material elements of the offense of Computer Fraud in the First Degree, each of which the prosecution must prove beyond a reasonable doubt. These two elements are: 1. That, on or about (date) in the [City and ] County of (name of county), the Defendant, knowingly and with intent to defraud, accessed a computer without authorization; and 2. That the Defendant by means of such conduct, knowingly and with intent to defraud, obtained or exerted control over the property of another. Notes For definition of states of mind, see instructions: For a definition of terms defined by H.R.S. Chapter 708 Part IX, see instruction 18.00. Note that the first element of this instruction follows the language of the statute.