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HAWJIC 18.05
COMPUTER DAMAGE IN THE FIRST DEGREE - ACCESS
Hawaiʻi Pattern Jury Instructions — Criminal · 10/27/03 · compendium p. 1014
Statutes:§708-892
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Computer Damage 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 intentionally accessed a computer, computer system, or computer network; and
2. That the Defendant intentionally did so without authorization; and
3. That by doing so, the Defendant knowingly caused damage; and
4. That the Defendant was aware that damage would [result in a loss to one or more individuals aggregating at least $5,000 in value, including the costs associated with diagnosis, repair, replacement, or remediation, during a one-year period] [result in the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of one or more individuals] [result in physical injury to any person] [threaten public health or safety] [impair the administration of justice].
COMPUTER DAMAGE IN THE FIRST DEGREE - ACCESS: H.R.S. 708-892(1)(b)
[In Count (count number) of the Indictment, the] [The] Defendant, (defendant’s name) is charged with the offense of Computer Damage in the First Degree. A person commits the offense of Computer Damage in the First Degree if he/she intentionally accesses a computer, computer system, or computer network without authorization and thereby knowingly causes damage, which would [result in a loss to one or more individuals aggregating at least $5,000 in value, including the costs associated with diagnosis, repair, replacement, or remediation, during a one-year period] [result in the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of one or more individuals] [result in physical injury to any person] [threaten public health or safety] [impair the administration of justice].
There are four material elements of the offense of Computer Damage 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 intentionally accessed a computer, computer system, or computer network; and
2. That the Defendant intentionally did so without authorization; and
3. That by doing so, the Defendant knowingly caused damage; and
4. That the Defendant was aware that damage would [result in a loss to one or more individuals aggregating at least $5,000 in value, including the costs associated with diagnosis, repair, replacement, or remediation, during a one-year period] [result in the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of one or more individuals] [result in physical injury to any person] [threaten public health or safety] [impair the administration of justice].
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.
Verify against the current official HAWJIC compendium.