The Director of the FBI has gone on record saying that cybercrime is the most serious threat to Americans today. With this in mind, Hawaii has amped up its focus on cybercrime laws. Criminals are especially using a section of the Internet called the Dark Web.
According to HI Rev Stat § 708-893 (2013), someone can be charged with using a computer to commit a crime if they used a computer with the intent to commit theft, custodial interference, sexual assault, child abuse, harassment, stalking, or promoting pornography for minors.
The laws were updated to consider whether the offender acted maliciously with the intent to do harm. “Computer fraud” and “unauthorized computer use” are both Class C felony computer crimes in Hawaii, punishable by up to five years’ imprisonment and a fine of up to $10,000.
The legislature recognized that some people may gain unauthorized access to computer systems to test their hacking skills or as a prank and end up doing no damage. In cases like this, the offender may be able to use the affirmative defense of “entry without disruption” and the case could possibly be dismissed if the criminal defense attorney can prove that the defendant’s actions cause no damage to a computer system or network.
If you find yourself in being accused of computer crimes in Hawaii, contact the Law Office of David Sereno. With over 50 years of combined experience, we believe everyone deserves a first class criminal defense and take great pride in resolving our client’s legal concerns.