California Court of Appeal

The crime of "knowingly" accessing and taking data from a computer system, Penal Code section 502(c)(2), contains a mens rea requirement and is punishable as a felony, and an exemption from prosecution under that statute is not unconstitutionally vague; evidence of defendant's prior computer-related misconduct and computer records were properly admitted.

Appellate Information

• Decided 06/05/2002
• Published 06/06/2002

Judges

• BAMATTRE-MANOUKIAN, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Andrew Parnes, Ketchum, ID, for Defendant and Appellant David Wesley Hawkins., Bill Lockyer, Attorney General, Robert R. Anderson, Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Ronald S. Matthias, Supervising Deputy Attorney General, Herbert F. Wilkinson, Deputy Attorney General, Michele J. Swanson, Deputy Attorney General, for Respondent the People.