UNAUTHORIZED COMPUTER ACCESS IN THE FIRST DEGREE

UNAUTHORIZED COMPUTER ACCESS IN THE FIRST DEGREE: H.R.S. 708-895.5 [In Count (count number) of the Indictment, the] [The] Defendant, (defendant’s name) is charged with the offense of Unauthorized Computer Access in the First Degree. A person commits the offense of Unauthorized Computer Access in the First Degree if he/she knowingly accesses a computer, computer system, or computer network without authorization and thereby obtains information, and [did so for the purpose of commercial or private financial gain] [did so in furtherance of any other crime*] [the value of the information obtained exceeds $5,000] [the information has been determined by statute or rule of court to require protection against unauthorized disclosure]. There are four material elements of the offense of Unauthorized Computer Access 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 knowingly accessed a computer, computer system, or computer network; and 2. That the Defendant knowingly did so without authorization; and 3. That the Defendant thereby knowingly obtained information; and 4. [That the Defendant did so knowingly for the purpose of commercial or private financial gain] [That the Defendant did so knowingly in furtherance of any other crime*] [That the Defendant was aware the value of the information obtained exceeded $5,000] [That the Defendant was aware that the information had been determined by statute or rule of court to require protection against unauthorized disclosure]. 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. *The court should instruct as to the elements of the included offense, unless such offense is otherwise charged.