DEFENSE TO COMPUTER FRAUD IN THE FIRST DEGREE

DEFENSE TO COMPUTER FRAUD IN THE FIRST DEGREE: H.R.S. 708-891(2) It is a defense to the charge of Computer Fraud in the First Degree 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. The burden is on the prosecution to prove beyond a reasonable doubt that [the object of the fraud consisted of more than the use of the computer] [the object of the fraud consisted of the use of the computer and the value of such use was more than $300 in a one-year period]. Commentary When an exception, if proved, would negate a defendant’s penal liability, it constitutes a defense. State v. Nobriga, 10 Haw. App. 353, 873 P.2d 110 (1994). The State has the initial burden of negativing statutory exceptions to an offense only if the exceptions are incorporated into the definition of the offense, otherwise, the defendant has the initial burden of bringing himself clearly within the exception by presenting facts constituting the defense. Only if the defendant has fulfilled his burden would any obligation arise on the State’s part to disprove the defense beyond a reasonable doubt. Id.