Tuesday, February 20, 2024
Hawai'i Free Press

Current Articles | Archives

Thursday, July 12, 2012
Cyber-Crime Bills Signed into Law
By News Release @ 10:49 PM :: 8670 Views :: Kauai County, DHHL, Energy, Environment

Cyber Crime Bills Signed into Law by Gov Abercrombie

News Release from Office of Rep George Fontaine

Honolulu – Governor Neil Abercrombie has signed into law passed three groundbreaking bills to curb the growing cyber crime trend in Hawaii. The bills were the result of the cyber crime informational briefing co-chaired by Representatives Kym Pine and George Fontaine in July, 2011.

Law enforcement and prosecutors now have increased ability to charge cyber criminals with new or increased penalties.

“The cyber crime package gives new hope to victims that their perpetrators will be prosecuted,” said Rep. Pine. "My hope is that Hawaii will soon be one the toughest states in the nation to be a cyber criminal."

HB 1777 authorizes district and circuit court judges in Hawaii to order the production of records held by entities located outside of the state in all criminal cases. The intent is to help prosecutors to obtain electronic evidence that is often stored by mainland organizations. The Honolulu Prosecutor's Office advocated for the bill, testifying that it was the most important action Hawaii could take to aid in the prosecution of cybercriminals.

"Supporting law enforcement is key," said Rep. Fontaine. "Members of our caucus worked extensively with the Prosecutor's Office to introduce an identical bill this session. I'm proud of my colleagues for equipping law enforcement with this critical tool to protect residents from computer crimes."

HB 1788, a cybercrime omnibus bill, toughens computer crime laws by modeling language after existing identity theft laws defining computer fraud as an aggravated form of theft. It also imposes harsher penalties by raising each existing crime one grade higher. Most notably, the bill creates a new offense of Computer Fraud in the Third Degree, a class C felony. The crime would involve knowingly accessing a computer, computer system, or computer network, with intent to commit theft in the third or fourth degree.

HB 2295 expands the existing offense of Use of a Computer in the Commission of a Separate Crime to include situations where a perpetrator knowingly uses a computer to perform certain acts against a victim or intended victim of Harassment under HRS 711-1106  or Harassment by Stalking under HRS 711 1106.5.  The bill clarifies that the offense is also committed when the perpetrator knowingly uses a computer to pursue, surveil, contact, harass, annoy, or alarm a victim or intended victim.

Governor Abercrombie also signed into law a fourth cybercrime measure supported by Rep Fontaine: 

SB 2222 addresses "sexting." The bill would create two new offenses in HRS chapter 712 that would: Prohibit an adult from intentionally or knowingly soliciting a minor to electronically transmit a nude image (photo or video) of a minor to any person (misdemeanor ); prohibit a minor from knowingly electronically transmitting a nude image of him/herself or any other minor to any person, or intentionally or knowingly soliciting another minor to do so (petty misdemeanor); and prohibit a person of any age from knowingly possessing a nude image transmitted by a minor (but a person charged with this crime would have an affirmative defense that he/she made reasonable efforts to destroy the nude image (petty misdemeanor).

###

 

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT