Miranda Burr

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I. Defendant Miranda Burr is guilty of committing computer crime under H.R.S. § 25.377(4) because she was not authorized to access the lottery terminal and defraud Hip Hop 2 It.

The court should deny defendant Burr’s motion for judgment of acquittal because she violated H.R.S. § 25.377(4) and committed computer crime. HRS 25.377(4) states that, “Any person who knowingly and without authorization uses, accesses or attempts to access any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.” H.R.S. § 25.377(4) (2017). Miranda Burr violated this statute when she accessed the lottery terminal without authorization
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State v. Gaines, 346 Or. 160, at 171-72 (Or. 2009). In Gaines, the court held that amendments to O.R.S. § 174.020 provided a methodology in interpreting statutes for the court. Id at 171. Gaines held that when a court is to determine a statute’s meaning the court will first look to the statutes text and context to interpret its meaning. Id. Additionally, Gaines held that the legislative history of a statute can be utilized when proffered by one of the parties. Id at 171-72. The Gaines court held that it is up to the determination of the court as to how much weight would be given to the legislative history in its analysis. Id at 172. Finally, if the statute is still ambiguous after analyzing the text, context, and legislative history, then the court may utilize “general maxims of statutory construction to aid in resolving the remaining uncertainty.” Id at 165.
In the case of Miranda Burr, an examination of the text, context, and legislative history of H.R.S. § 25.377(4) illustrates that Burr is guilty of committing a computer crime and that the court should deny Burr’s motion for judgment of
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