(1) A person commits the offense of computer damage in the second degree if:

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B felonyup to 10 yearsup to $25,000
For details, see Haw. Rev. Stat. § 706-660
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Terms Used In Hawaii Revised Statutes 708-892.5

  • Computer: means any electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, and includes all computer equipment connected or related to such a device in a computer system or computer network, but shall not include an automated typewriter or typesetter, a portable hand-held calculator, or other similar device. See Hawaii Revised Statutes 708-890
  • Computer network: means two or more computers or computer systems, interconnected by communication lines, including microwave, electronic, or any other form of communication. See Hawaii Revised Statutes 708-890
  • Computer system: means a set of interconnected computer equipment intended to operate as a cohesive system. See Hawaii Revised Statutes 708-890
  • Damage: means any impairment to the integrity or availability of data, a program, a system, a network, or computer services. See Hawaii Revised Statutes 708-890
  • Without authorization: means without the permission of or in excess of the permission of an owner, lessor, or rightful user or someone licensed or privileged by an owner, lessor, or rightful user to grant the permission. See Hawaii Revised Statutes 708-890
(a) The person knowingly causes the transmission of a program, information, code, or command, and thereby knowingly causes unauthorized damage to a computer, computer system, or computer network; or
(b) The person intentionally accesses a computer, computer system, or computer network without authorization and thereby knowingly causes damage.
(2) As used in this section, “damage” means:

(a) A loss aggregating at least $5,000 in value, including the costs associated with diagnosis, repair, replacement, or remediation, during any one-year period to one or more individuals;
(b) The modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of one or more individuals; or
(c) Impairment or disruption of government operations.
(3) Computer damage in the second degree is a class B felony.

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