COMPUTER FRAUD IN THE SECOND DEGREE

COMPUTER FRAUD IN THE SECOND DEGREE (Transfer or Disposal) H.R.S. 708-891.5 [In Count (count number) of the Indictment, the] [The] Defendant, (defendant’s name) is charged with the offense of Computer Fraud in the Second Degree. A person commits the offense of Computer Fraud in the Second Degree if he/she knowingly, and with the intent to defraud, transfers, or otherwise disposes of, to another, any password or similar information through which a computer, computer system, or computer network may be accessed. There is one material element of the offense of Computer Fraud in the Second Degree, which the prosecution must prove beyond a reasonable doubt. That element is: 1. That, on or about (date) in the [City and ] County of (name of county), the Defendant, knowingly and with intent to defraud, transferred or otherwise disposed of, to another, any password or similar information through which a computer, computer system, or computer network may be accessed. 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.