Home / Jury instructions / HAWJIC 18.10
HAWJIC 18.10
UNAUTHORIZED COMPUTER ACCESS IN THE THIRD DEGREE
Hawaiʻi Pattern Jury Instructions — Criminal · 10/27/03 · compendium p. 1025
Statutes:§708-895.7
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Unauthorized Computer Access in the Third Degree, each of which the prosecution must prove beyond a reasonable doubt.
These two 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.
UNAUTHORIZED COMPUTER ACCESS IN THE THIRD DEGREE: H.R.S. 708-895.7
[In Count (count number) of the Indictment, the] [The] Defendant, (defendant’s name) is charged with the offense of Unauthorized Computer Access in the Third Degree. A person commits the offense of Unauthorized Computer Access in the Third Degree if he/she knowingly accesses a computer, computer system, or computer network without authorization.
There are two material elements of the offense of Unauthorized Computer Access in the Third Degree, each of which the prosecution must prove beyond a reasonable doubt.
These two 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.
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.