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HAWJIC 18.09
UNAUTHORIZED COMPUTER ACCESS IN THE SECOND DEGREE
Hawaiʻi Pattern Jury Instructions — Criminal · 10/27/03 · compendium p. 1024
Statutes:§708-895.6
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Unauthorized Computer Access in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt.
These three 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.
UNAUTHORIZED COMPUTER ACCESS IN THE SECOND DEGREE: H.R.S. 708-895.6
[In Count (count number) of the Indictment, the] [The] Defendant, (defendant’s name) is charged with the offense of Unauthorized Computer Access in the Second Degree. A person commits the offense of Unauthorized Computer Access in the Second Degree if he/she knowingly accesses a computer, computer system, or computer network without authorization and thereby obtains information.
There are three material elements of the offense of Unauthorized Computer Access in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt.
These three 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.
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.