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HAWJIC 18.06
COMPUTER DAMAGE IN THE SECOND DEGREE
Hawaiʻi Pattern Jury Instructions — Criminal · 10/27/03 · compendium p. 1016
Statutes:§708-892.5
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Computer Damage in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt.
These three elements are:
1. hat, on or about (date) in the [City and ] County of (name of county), the Defendant knowingly accessed a computer, computer system, or computer network; and
2. That the Defendant knowingly did so without authorization; and
3. That by doing so, the Defendant recklessly caused damage.
COMPUTER DAMAGE IN THE SECOND DEGREE: H.R.S. § 708-892.5
[In Count (count number) of the Indictment, the] [The] Defendant, (defendant’s name) is charged with the offense of Computer Damage in the Second Degree. A person commits the offense of Computer Damage in the Second Degree if he/she knowingly accesses a computer, computer system, or computer network without authorization and thereby recklessly causes damage.
There are three material elements of the offense of Computer Damage in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt.
These three elements are:
1. hat, on or about (date) in the [City and ] County of (name of county), the Defendant knowingly accessed a computer, computer system, or computer network; and
2. That the Defendant knowingly did so without authorization; and
3. That by doing so, the Defendant recklessly caused damage.
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.