COMPUTER FRAUD IN THE SECOND DEGREE

COMPUTER FRAUD IN THE SECOND DEGREE (Obtaining Control) 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, obtains control of, with the intent to transfer or dispose of, any password or similar information through which a computer, computer system, or computer network may be accessed. There are two material elements of the offense of Computer Fraud in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt. These 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, obtained control of a password or similar information through which a computer, computer system, or computer network may be accessed, and 2. That the Defendant, knowingly and with intent to defraud, obtained control of the password or similar information with the specific intent to transfer or dispose of the password or similar information. 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.