HRS D. 5, T. 37, Ch. 701, Refs & Annos

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 701-100

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions (Refs & Annos)

§ 701-100. Title and effective date of amendments


Title 37 shall be known as the Hawaii Penal Code. Amendments made to this Code by Act 314, Session Laws of Hawaii 1986, shall become effective on January 1, 1987.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 701-101

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions (Refs & Annos)

§ 701-101. Applicability to offenses committed before the effective date of amendments


(1) Except as provided in subsection (2), amendments made by Act 314, Session Laws of Hawaii 1986, to this Code do not apply to offenses committed before the effective date of Act 314, Session Laws of Hawaii 1986. Prosecutions for offenses committed before the effective date of Act 314, Session Laws of Hawaii 1986, are governed by the prior law, which is continued in effect for that purpose, as if amendments made by Act 314, Session Laws of Hawaii 1986, to this Code were not in force. For purposes of this section, an offense is committed before the effective date of Act 314, Session Laws of Hawaii 1986, if any of the elements of the offense occurred before that date.


(2) In any case pending on or commenced after the effective date of amendments made by Act 314, Session Laws of Hawaii 1986, to this Code, involving an offense committed before that date upon the request of the defendant, and subject to the approval of the court, the provisions of chapter 706 amended by Act 314, Session Laws of Hawaii 1986, may be applied in particular cases.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 701-102

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions (Refs & Annos)

§ 701-102. All offenses defined by statute; applicability to offenses committed after the effective date


(1) No behavior constitutes an offense unless it is a crime or violation under this Code or another statute of this State.


(2) The provisions of this Code govern the construction of and punishment for any offense set forth herein committed after the effective date, as well as the construction and application of any defense to a prosecution for such an offense.


(3) The provisions of chapters 701 through 706 of the Code are applicable to offenses defined by other statutes, unless the Code otherwise provides.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 701-103

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions (Refs & Annos)

§ 701-103. Purposes of this Code


The purposes of this Code are to codify the general principles of the penal law and to define and codify certain specific offenses which constitute harms to basic social interests which the Code seeks to protect.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 701-104

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions (Refs & Annos)

§ 701-104. Principles of construction


The provisions of this Code cannot be extended by analogy so as to create crimes not provided for herein; however, in order to promote justice and effect the objects of the law, all of its provisions shall be given a genuine construction, according to the fair import of the words, taken in their usual sense, in connection with the context, and with reference to the purpose of the provision.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 701-105

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions (Refs & Annos)

§ 701-105. Effect of commentary


The commentary accompanying this Code shall be published and may be used as an aid in understanding the provisions of this Code, but not as evidence of legislative intent.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1975, ch. 163, § 8; Laws 1986, ch. 314, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 701-106

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions (Refs & Annos)

§ 701-106. Territorial applicability


(1) Except as otherwise provided in this section, a person may be convicted under the law of this State of an offense committed by the person's own conduct or the conduct of another for which the person is legally accountable if:


(a) Either the conduct or the result which is an element of the offense occurs within this State; or


(b) Conduct occurring outside the State is sufficient under the law of this State to constitute an attempt to commit an offense within the State; or


(c) Conduct occurring outside the State is sufficient under the law of this State to constitute a conspiracy to commit an offense within the State and an overt act in furtherance of such conspiracy occurs within the State; or


(d) Conduct occurring within the State establishes complicity in the commission of, or an attempt, solicitation, or conspiracy to commit, an offense in another jurisdiction which also is an offense under the law of this State; or


(e) The offense consists of the omission, while within or outside this State to perform a legal duty imposed by the law of this State with respect to domicile, residence, or a relationship to a person, thing, or transaction in the State; or


(f) The offense is based on a statute of this State which expressly prohibits conduct outside the State, when the conduct bears a reasonable relation to a legitimate interest of this State and the actor knows that the actor's conduct is likely to affect that interest.


(2) Subsection (1)(a) does not apply when a specified result, or conduct creating a risk of such a result, is an element of an offense and the result occurs, or is intended or is likely to occur, only in another jurisdiction where the conduct charged would not constitute an offense, unless a legislative purpose plainly appears to declare that the conduct constitutes an offense regardless of the place of the result.


(3) Subsection (1)(a) does not apply when a particular result is an element of an offense and the result is caused by conduct occurring outside the State which conduct would not constitute an offense if the result had occurred there, unless the actor intentionally or knowingly caused the result within the State.


(4) When the offense involves a homicide, either the death of the victim or the bodily impact causing death constitutes a “result”, within the meaning of subsection (1)(a). If the body of a homicide victim is found within the State, it is prima facie evidence that the result occurred within the State.


(5) This State includes the land and water and the air space about the land and water with respect to which the State has legislative jurisdiction.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 701-107

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions (Refs & Annos)

§ 701-107. Grades and classes of offenses


(1) An offense defined by this Code or by any other statute of this State for which a sentence of imprisonment is authorized constitutes a crime. Crimes are of three grades: felonies, misdemeanors, and petty misdemeanors. Felonies include murder in the first and second degrees, attempted murder in the first and second degrees, and the following three classes: class A, class B, and class C.


(2) A crime is a felony if it is so designated in this Code or if persons convicted thereof may be sentenced to imprisonment for a term which is in excess of one year.


(3) A crime is a misdemeanor if it is so designated in this Code or in a statute other than this Code enacted subsequent thereto, or if it is defined in a statute other than this Code which provides for a term of imprisonment the maximum of which is one year.


(4) A crime is a petty misdemeanor if it is so designated in this Code or in a statute other than this Code enacted subsequent thereto, or if it is defined by a statute other than this Code that provides that persons convicted thereof may be sentenced to imprisonment for a term not to exceed thirty days.


(5) An offense defined by this Code or by any other statute of this State constitutes a violation if it is so designated in this Code or in the law defining the offense or if no other sentence than a fine, or fine and forfeiture or other civil penalty, is authorized upon conviction or if it is defined by a statute other than this Code which provides that the offense shall not constitute a crime. A violation does not constitute a crime, and conviction of a violation shall not give rise to any civil disability based on conviction of a criminal offense.


(6) Any offense declared by law to constitute a crime, without specification of the grade thereof or of the sentence authorized upon conviction, is a misdemeanor.


(7) An offense defined by any statute of this State other than this Code shall be classified as provided in this section and the sentence that may be imposed upon conviction thereof shall hereafter be governed by this Code.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1987, ch. 181, § 1; Laws 2005, ch. 18, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 701-108

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions (Refs & Annos)

§ 701-108. Time limitations


(1) A prosecution for murder, murder in the first and second degrees, attempted murder, and attempted murder in the first and second degrees, criminal conspiracy to commit murder in any degree, and criminal solicitation to commit murder in any degree may be commenced at any time.


(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:


(a) A prosecution for manslaughter where the death was not caused by the operation of a motor vehicle must be commenced within ten years after it is committed;


(b) A prosecution for a class A felony must be commenced within six years after it is committed;


(c) A prosecution for any felony under part IX of chapter 708 must be commenced within five years after it is committed;


(d) A prosecution for any other felony must be commenced within three years after it is committed;


(e) A prosecution for a misdemeanor or parking violation must be commenced within two years after it is committed; and


(f) A prosecution for a petty misdemeanor or a violation other than a parking violation must be commenced within one year after it is committed.


(3) If the period prescribed in subsection (2) has expired, a prosecution may nevertheless be commenced for:


(a) Any offense an element of which is either fraud, deception, as defined in section 708-800, or a breach of fiduciary obligation within three years after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is oneself not a party to the offense, but in no case shall this provision extend the period of limitation by more than six years from the expiration of the period of limitation prescribed in subsection (2);


(b) Any offense based on misconduct in office by a public officer or employee at any time when the defendant is in public office or employment or within two years thereafter, but in no case shall this provision extend the period of limitation by more than three years from the expiration of the period of limitation prescribed in subsection (2); and


(c) Any felony offense involving evidence containing deoxyribonucleic acid from the offender, if a test confirming the presence of deoxyribonucleic acid is performed prior to expiration of the period of limitation prescribed in subsection (2), but in no case shall this provision extend the period of limitation by more than ten years from the expiration of the period of limitation prescribed in subsection (2).


(4) An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed.


(5) A prosecution is commenced either when an indictment is found or a complaint filed, or when an arrest warrant or other process is issued, provided that such warrant or process is executed without unreasonable delay.


(6) The period of limitation does not run:


(a) During any time when the accused is continuously absent from the State or has no reasonably ascertainable place of abode or work within the State, but in no case shall this provision extend the period of limitation by more than four years from the expiration of the period of limitation prescribed in subsection (2);


(b) During any time when a prosecution against the accused for the same conduct is pending in this State; or


(c) For any felony offense under chapter 707, part V or VI, during any time when the victim is alive and under eighteen years of age.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1974, ch. 93, § 1; Laws 1982, ch. 28, § 2; Laws 1983, ch. 63, § 1; Laws 1984, ch. 90, § 1; Laws 1986, ch. 296, § 1; Laws 1987, ch. 181, § 2; Laws 1993, ch. 186, § 1; Laws 1995, ch. 171, § 1; Laws 1996, ch. 148, § 1; Laws 1997, ch. 149, § 1; Laws 2001, ch. 33, § 2; Laws 2005, ch. 112, § 2; Laws 2006, ch. 99, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 701-109

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions (Refs & Annos)

§ 701-109. Method of prosecution when conduct establishes an element of more than one offense


(1) When the same conduct of a defendant may establish an element of more than one offense, the defendant may be prosecuted for each offense of which such conduct is an element. The defendant may not, however, be convicted of more than one offense if:


(a) One offense is included in the other, as defined in subsection (4) of this section; or


(b) One offense consists only of a conspiracy or solicitation to commit the other; or


(c) Inconsistent findings of fact are required to establish the commission of the offenses; or


(d) The offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct; or


(e) The offense is defined as a continuing course of conduct and the defendant's course of conduct was uninterrupted, unless the law provides that specific periods of conduct constitute separate offenses.


(2) Except as provided in subsection (3) of this section, a defendant shall not be subject to separate trials for multiple offenses based on the same conduct or arising from the same episode, if such offenses are known to the appropriate prosecuting officer at the time of the commencement of the first trial and are within the jurisdiction of a single court.


(3) When a defendant is charged with two or more offenses based on the same conduct or arising from the same episode, the court, on application of the prosecuting attorney or of the defendant, may order any such charge to be tried separately, if it is satisfied that justice so requires.


(4) A defendant may be convicted of an offense included in an offense charged in the indictment or the information. An offense is so included when:


(a) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or


(b) It consists of an attempt to commit the offense charged or to commit an offense otherwise included therein; or


(c) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest or a different state of mind indicating lesser degree of culpability suffices to establish its commission.


(5) The court is not obligated to charge the jury with respect to an included offense unless there is a rational basis in the evidence for a verdict acquitting the defendant of the offense charged and convicting the defendant of the included offense.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 701-110

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions (Refs & Annos)

§ 701-110. When prosecution is barred by former prosecution for the same offense


When a prosecution is for an offense under the same statutory provision and is based on the same facts as a former prosecution, it is barred by the former prosecution under any of the following circumstances:


(1) The former prosecution resulted in an acquittal which has not subsequently been set aside. There is an acquittal if the prosecution resulted in a finding of not guilty by the trier of fact or in a determination by the court that there was insufficient evidence to warrant a conviction. A finding of guilty of a lesser included offense is an acquittal of the greater inclusive offense, although the conviction is subsequently set aside on appeal by the defendant.


(2) The former prosecution was terminated, after the information had been filed or the indictment found, by a final order or judgment for the defendant, which has not been set aside, reversed, or vacated and which necessarily required a determination inconsistent with a fact or a legal proposition that must be established for conviction of the offense.


(3) The former prosecution resulted in a conviction. There is a conviction if the prosecution resulted in a judgment of conviction which has not been reversed or vacated, a verdict of guilty which has not been set aside and which is capable of supporting a judgment, or a plea of guilty or nolo contendere accepted by the court.


(4) The former prosecution was improperly terminated. Except as provided in this subsection, there is an improper termination of a prosecution if the termination is for reasons not amounting to an acquittal, and it takes place after the first witness is sworn but before verdict. Termination under any of the following circumstances is not improper:


(a) The defendant consents to the termination or waives, by motion to dismiss or otherwise, the defendant's right to object to the termination.


(b) The trial court finds the termination is necessary because:


(i) It is physically impossible to proceed with the trial in conformity with law; or


(ii) There is a legal defect in the proceedings which would make any judgment entered upon a verdict reversible as a matter of law; or


(iii) Prejudicial conduct, in or outside the courtroom, makes it impossible to proceed with the trial without injustice to either the defendant or the State; or


(iv) The jury is unable to agree on a verdict; or


(v) False statements of a juror on voir dire prevent a fair trial.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 701-111

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions (Refs & Annos)

§ 701-111. When prosecution is barred by former prosecution for a different offense


Although a prosecution is for a violation of a different statutory provision or is based on different facts, it is barred by a former prosecution under any of the following circumstances:


(1) The former prosecution resulted in an acquittal which has not subsequently been set aside or in a conviction as defined in section 701-110(3) and the subsequent prosecution is for:


(a) Any offense of which the defendant could have been convicted on the first prosecution; or


(b) Any offense for which the defendant should have been tried on the first prosecution under section 701-109 unless the court ordered a separate trial of the offense; or


(c) An offense based on the same conduct, unless:


(i) The offense for which the defendant is subsequently prosecuted requires proof of a fact not required by the former offense and the law defining each of the offenses is intended to prevent a substantially different harm or evil; or


(ii) The second offense was not consummated when the former trial began.


(2) The former prosecution was terminated by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed, or vacated and which acquittal, final order, or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the second offense.


(3) The former prosecution was improperly terminated, as improper termination is defined in section 701-110(4), and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 701-112

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions (Refs & Annos)

§ 701-112. Former prosecution in another jurisdiction: when a bar


When behavior constitutes an offense within the concurrent jurisdiction of this State and of the United States or another state, a prosecution in any such other jurisdiction is a bar to a subsequent prosecution in this State under any of the following circumstances:


(1) The first prosecution resulted in an acquittal which has not subsequently been set aside or in a conviction as defined in section 701-110(3), and the subsequent prosecution is based on the same conduct, unless:


(a) The offense for which the defendant is subsequently prosecuted requires proof of a fact not required by the former offense and the law defining each of the offenses is intended to prevent a substantially different harm or evil; or


(b) The second offense was not consummated when the former trial began.


(2) The former prosecution was terminated, after the information was filed or the indictment found, by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed, or vacated and which acquittal, final order, or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the offense for which the defendant is subsequently prosecuted.


(3) The former prosecution was improperly terminated, as improper termination is defined in section 701-110(4), and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 701-113

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions (Refs & Annos)

§ 701-113. Former prosecution before court lacking jurisdiction or when fraudulently procured by the defendant


A prosecution is not a bar within the meaning of sections 701-110, 701-111, and 701-112 under any of the following circumstances:


(1) The former prosecution was before a court which lacked jurisdiction over the defendant or the offense.


(2) The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting officer and with the purpose of avoiding the sentence which might otherwise be imposed.


(3) The former prosecution resulted in a judgment of conviction which was held invalid on appeal or in a subsequent proceeding on a writ of habeas corpus, coram nobis, or similar process.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 701-114

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions (Refs & Annos)

§ 701-114. Proof beyond a reasonable doubt


(1) Except as otherwise provided in section 701-115, no person may be convicted of an offense unless the following are proved beyond a reasonable doubt:


(a) Each element of the offense;


(b) The state of mind required to establish each element of the offense;


(c) Facts establishing jurisdiction;


(d) Facts establishing venue; and


(e) Facts establishing that the offense was committed within the time period specified in section 701-108.


(2) In the absence of the proof required by subsection (1), the innocence of the defendant is presumed.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 136, § 2(a).


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 701-115

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions (Refs & Annos)

§ 701-115. Defenses


(1) A defense is a fact or set of facts which negatives penal liability.


(2) No defense may be considered by the trier of fact unless evidence of the specified fact or facts has been presented. If such evidence is presented, then:


(a) If the defense is not an affirmative defense, the defendant is entitled to an acquittal if the trier of fact finds that the evidence, when considered in the light of any contrary prosecution evidence, raises a reasonable doubt as to the defendant's guilt; or


(b) If the defense is an affirmative defense, the defendant is entitled to an acquittal if the trier of fact finds that the evidence, when considered in light of any contrary prosecution evidence, proves by a preponderance of the evidence the specified fact or facts which negative penal liability.


(3) A defense is an affirmative defense if:


(a) It is specifically so designated by the Code or another statute; or


(b) If the Code or another statute plainly requires the defendant to prove the defense by a preponderance of the evidence.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 136, § 2(b).


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 701-116

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions (Refs & Annos)

§ 701-116. Proving applicability of the Code


When the application of the Code depends on the finding of a fact which is not required to be found beyond a reasonable doubt:


(1) The burden of proving the fact is on the prosecution or defendant, depending on whose interest or contention will be furthered if the finding should be made; and


(2) The fact must be proved by a preponderance of the evidence.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 701-117

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions (Refs & Annos)

§ 701-117. Prima facie evidence


Prima facie evidence of a fact is evidence which, if accepted in its entirety by the trier of fact, is sufficient to prove the fact. Prima facie evidence provisions in this Code are governed by section 626-1, rule 306.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 701-118

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions (Refs & Annos)

§ 701-118. General definitions


In this Code, unless a different meaning plainly is required:


(1) “Statute” includes the Constitution of the State and a local law or ordinance of a political subdivision of the State;


(2) “Act” or “action” means a bodily movement whether voluntary or involuntary;


(3) “Omission” means a failure to act;


(4) “Conduct” means an act or omission, or, where relevant, a series of acts or a series of omissions, or a series of acts and omissions;


(5) “Actor” includes, a person who acts, or, where relevant, a person guilty of omission;


(6) “Acted” includes, where relevant, “omitted to act”;


(7) “Person,” “he,” “him,” “actor,” and “defendant” include any natural person, including any natural person whose identity can be established by means of scientific analysis, including but not limited to scientific analysis of deoxyribonucleic acid and fingerprints, whether or not the natural person's name is known, and, where relevant, a corporation or an unincorporated association;


(8) “Another” means any other person and includes, where relevant, the United States, this State and any of its political subdivisions, and any other state and any of its political subdivisions;


(9) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; and


(10) “Law enforcement officer” means any public servant, whether employed by the State or county or by the United States, vested by law with a duty to maintain public order or, to make arrests for offenses or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 2001, ch. 91, § 2; Laws 2005, ch. 112, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 701-119

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 701. Preliminary Provisions (Refs & Annos)

§ 701-119. Repealed by Laws 1988, ch. 260, § 4, eff. June 9, 1988


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-200

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-200. Requirement of voluntary act or voluntary omission


(1) In any prosecution it is a defense that the conduct alleged does not include a voluntary act or the voluntary omission to perform an act of which the defendant is physically capable.


(2) Where the defense provided in subsection (1) is based on a physical or mental disease, disorder, or defect which precludes or impairs a voluntary act or a voluntary omission, the defense shall be treated exclusively according to chapter 704, except that a defense based on intoxication which is pathological or not self-induced which precludes or impairs a voluntary act or a voluntary omission shall be treated exclusively according to this chapter.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 325, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-201

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-201. “Voluntary act” defined


“Voluntary act” means a bodily movement performed consciously or habitually as the result of the effort or determination of the defendant.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-202

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-202. Voluntary act includes possession


Possession is a voluntary act if the defendant knowingly procured or received the thing possessed or if the defendant was aware of the defendant's control of it for a sufficient period to have been able to terminate the defendant's possession.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-203

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-203. Penal liability based on an omission


Penal liability may not be based on an omission unaccompanied by action unless:


(1) The omission is expressly made a sufficient basis for penal liability by the law defining the offense; or


(2) A duty to perform the omitted act is otherwise imposed by law.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-204

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-204. State of mind required


Except as provided in section 702-212, a person is not guilty of an offense unless the person acted intentionally, knowingly, recklessly, or negligently, as the law specifies, with respect to each element of the offense. When the state of mind required to establish an element of an offense is not specified by the law, that element is established if, with respect thereto, a person acts intentionally, knowingly, or recklessly.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-205

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-205. Elements of an offense


The elements of an offense are such (1) conduct, (2) attendant circumstances, and (3) results of conduct, as:


(a) Are specified by the definition of the offense, and


(b) Negative a defense (other than a defense based on the statute of limitations, lack of venue, or lack of jurisdiction).


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-206

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-206. Definitions of states of mind


(1) “Intentionally.”


(a) A person acts intentionally with respect to his conduct when it is his conscious object to engage in such conduct.


(b) A person acts intentionally with respect to attendant circumstances when he is aware of the existence of such circumstances or believes or hopes that they exist.


(c) A person acts intentionally with respect to a result of his conduct when it is his conscious object to cause such a result.


(2) “Knowingly.”


(a) A person acts knowingly with respect to his conduct when he is aware that his conduct is of that nature.


(b) A person acts knowingly with respect to attendant circumstances when he is aware that such circumstances exist.


(c) A person acts knowingly with respect to a result of his conduct when he is aware that it is practically certain that his conduct will cause such a result.


(3) “Recklessly.”


(a) A person acts recklessly with respect to his conduct when he consciously disregards a substantial and unjustifiable risk that the person's conduct is of the specified nature.


(b) A person acts recklessly with respect to attendant circumstances when he consciously disregards a substantial and unjustifiable risk that such circumstances exist.


(c) A person acts recklessly with respect to a result of his conduct when he consciously disregards a substantial and unjustifiable risk that his conduct will cause such a result.


(d) A risk is substantial and unjustifiable within the meaning of this section if, considering the nature and purpose of the person's conduct and the circumstances known to him, the disregard of the risk involves a gross deviation from the standard of conduct that a law-abiding person would observe in the same situation.


(4) “Negligently.”


(a) A person acts negligently with respect to his conduct when he should be aware of a substantial and unjustifiable risk taken that the person's conduct is of the specified nature.


(b) A person acts negligently with respect to attendant circumstances when he should be aware of a substantial and unjustifiable risk that such circumstances exist.


(c) A person acts negligently with respect to a result of his conduct when he should be aware of a substantial and unjustifiable risk that his conduct will cause such a result.


(d) A risk is substantial and unjustifiable within the meaning of this subsection if the person's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a law-abiding person would observe in the same situation.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1983, ch. 132, § 1; Laws 1986, ch. 314, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-207

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-207. Specified state of mind applies to all elements


When the definition of an offense specifies the state of mind sufficient for the commission of that offense, without distinguishing among the elements thereof, the specified state of mind shall apply to all elements of the offense, unless a contrary purpose plainly appears.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-208

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-208. Substitutes for negligence, recklessness, and knowledge


When the law provides that negligence is sufficient to establish an element of an offense, that element also is established if, with respect thereto, a person acts intentionally, knowingly, or recklessly. When the law provides that recklessness is sufficient to establish an element of an offense, that element also is established if, with respect thereto, a person acts intentionally or knowingly. When the law provides that acting knowingly is sufficient to establish an element of an offense, that element also is established if, with respect thereto, a person acts intentionally.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-209

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-209. Conditional intent


When a particular intent is necessary to establish an element of an offense, it is immaterial that such intent was conditional unless the condition negatives the harm or evil sought to be prevented by the law prohibiting the offense.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-210

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-210. Requirement of wilfulness satisfied by acting knowingly


A requirement that an offense be committed wilfully is satisfied if a person acts knowingly with respect to the elements of the offense, unless a purpose to impose further requirements appears.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-211

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-211. State of mind as determinant of grade or class of a particular offense


When the grade or class of a particular offense depends on whether it is committed intentionally, knowingly, recklessly, or negligently, its grade or class shall be the lowest for which the determinative state of mind is established with respect to any element of the offense.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-212

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-212. When state of mind requirements are inapplicable to violations and to crimes defined by statutes other than this Code


The state of mind requirements prescribed by sections 702-204 and 702-207 through 702-211 do not apply to:


(1) An offense which constitutes a violation, unless the state of mind requirement involved is included in the definition of the violation or a legislative purpose to impose such a requirement plainly appears; or


(2) A crime defined by statute other than this Code, insofar as a legislative purpose to impose absolute liability for such offense or with respect to any element thereof plainly appears.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-213

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-213. Effect of absolute liability in reducing grade of offense to violation


Notwithstanding any other provisions of existing law and unless a subsequent statute otherwise provides:


(1) When absolute liability is imposed with respect to any element of an offense defined by a statute other than this Code and a conviction is based upon such liability, the offense constitutes a violation except as provided in section 702-212(2); and


(2) Although absolute liability is imposed by law with respect to one or more of the elements of an offense defined by a statute other than this Code, the culpable commission of the offense may be charged and proved, in which event negligence with respect to such elements constitutes a sufficient state of mind and the classification of the offense and the sentence that may be imposed therefor upon conviction are determined by section 701-107 and chapter 706.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-214

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-214. Causal relationship between conduct and result


Conduct is the cause of a result when it is an antecedent but for which the result in question would not have occurred.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-215

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-215. Intentional or knowing causation; different result from that intended or contemplated


In the following instances intentionally or knowingly causing a particular result shall be deemed to be established even though the actual result caused by the defendant may not have been within the defendant's intention or contemplation:


(1) The actual result differs from that intended or contemplated, as the case may be, only in the respect that a different person or different property is injured or affected or that the injury or harm intended or contemplated would have been more serious or more extensive than that caused; or


(2) The actual result involves the same kind of injury or harm as the intended or contemplated result and is not too remote or accidental in its occurrence or too dependent on another's volitional conduct to have a bearing on the defendant's liability or on the gravity of the defendant's offense.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1975, ch. 163, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-216

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-216. Reckless or negligent causation; different result from that within the risk


In the following instances, recklessly or negligently causing a particular result shall be deemed to be established even though the actual result caused by the defendant may not have been within the risk of which the defendant was or, in the case of negligence, should have been aware:


(1) The actual result differs from the probable result only in the respect that a different person or different property is injured or affected or that the probable injury or harm would have been more serious or more extensive than that caused; or


(2) The actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence or too dependent on another's volitional conduct to have a bearing on the defendant's liability or on the gravity of the defendant's offense.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 136, § 3(a); Laws 1975, ch. 163, § 2; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-217

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-217. Causation in offenses of absolute liability


When causing a particular result is an element of an offense for which absolute liability is imposed by law, the element is not established unless the actual result is a probable consequence of the defendant's conduct.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-218

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-218. Ignorance or mistake as a defense


In any prosecution for an offense, it is a defense that the accused engaged in the prohibited conduct under ignorance or mistake of fact if:


(1) The ignorance or mistake negatives the state of mind required to establish an element of the offense; or


(2) The law defining the offense or a law related thereto provides that the state of mind established by such ignorance or mistake constitutes a defense.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-219

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-219. Ignorance or mistake; reduction in grade and class of the offense


Although ignorance or mistake would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as the defendant supposed. In such case, however, the ignorance or mistake of the defendant shall reduce the grade and class of the offense of which the defendant may be convicted to those of the offense of which the defendant would be guilty had the situation been as the defendant supposed.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-220

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-220. Ignorance or mistake of law; belief that conduct not legally prohibited


In any prosecution, it shall be an affirmative defense that the defendant engaged in the conduct or caused the result alleged under the belief that the conduct or result was not legally prohibited when the defendant acts in reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in:


(1) A statute or other enactment;


(2) A judicial decision, opinion, or judgment;


(3) An administrative order or administrative grant of permission; or


(4) An official interpretation of the public officer or body charged by law with responsibility for the interpretation, administration, or enforcement of the law defining the offense.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 136, § 3(b); Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-221

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-221. Liability for conduct of another


(1) A person is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he is legally accountable, or both.


(2) A person is legally accountable for the conduct of another person when:


(a) Acting with the state of mind that is sufficient for the commission of the offense, he causes an innocent or irresponsible person to engage in such conduct; or


(b) He is made accountable for the conduct of such other person by this Code or by the law defining the offense; or


(c) He is an accomplice of such other person in the commission of the offense.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-222

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-222. Liability for conduct of another; complicity


A person is an accomplice of another person in the commission of an offense if:


(1) With the intention of promoting or facilitating the commission of the offense, the person:


(a) Solicits the other person to commit it; or


(b) Aids or agrees or attempts to aid the other person in planning or committing it; or


(c) Having a legal duty to prevent the commission of the offense, fails to make reasonable effort so to do; or


(2) The person's conduct is expressly declared by law to establish the person's complicity.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-223

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-223. Liability for conduct of another; complicity with respect to the result


When causing a particular result is an element of an offense, an accomplice in the conduct causing the result is an accomplice in the commission of that offense, if the accomplice acts, with respect to that result, with the state of mind that is sufficient for the commission of the offense.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-224

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-224. Liability for conduct of another; exemption from complicity


Unless otherwise provided by this Code or by the law defining the offense, a person is not an accomplice in an offense committed by another person if:


(1) He is a victim of that offense; or


(2) The offense is so defined that his conduct is inevitably incident to its commission; or


(3) He terminates his complicity prior to the commission of the offense and:


(a) Wholly deprives his complicity of effectiveness in the commission of the offense; or


(b) Gives timely warning to the law enforcement authorities or otherwise makes reasonable effort to prevent the commission of the offense.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-225

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-225. Liability for conduct of another; incapacity of defendant; failure to prosecute or convict or immunity of other person


In any prosecution for an offense in which the liability of the defendant is based on conduct of another person, it is no defense that:


(1) The offense charged, as defined, can be committed only by a particular class of persons, and the defendant, not belonging to such class, is for that reason legally incapable of committing the offense in an individual capacity, unless imposing liability on the defendant is inconsistent with the purpose of the provision establishing the defendant's incapacity; or


(2) The other person has not been prosecuted for or convicted of any offense, or has been convicted of a different offense or degree of offense, based upon the conduct in question; or


(3) The other person has a legal immunity from prosecution based upon the conduct in question.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-226

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-226. Liability for conduct of another; multiple convictions; different degrees


When, pursuant to any section from section 702-221 through section 702-223, two or more persons are liable for an offense which is divided into degrees, each person is guilty of the degree of the offense which is consistent with the person's own state of mind and with the person's own accountability for an aggravating fact or circumstance.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-227

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-227. Penal liability of corporations and unincorporated associations


A corporation or unincorporated association is guilty of an offense when:


(1) It omits to discharge a specific duty of affirmative performance imposed on corporations or unincorporated associations by law and the omission is prohibited by penal law; or


(2) The conduct or result specified in the definition of the offense is engaged in, caused, authorized, solicited, requested, commanded, or recklessly tolerated by the board of directors of the corporation or by the executive board of the unincorporated association or by a high managerial agent acting within the scope of the agent's office or employment and in behalf of the corporation or the unincorporated association; or


(3) The conduct or result specified in the definition of the offense is engaged in or caused by an agent of the corporation or the unincorporated association while acting within the scope of the agent's office or employment and in behalf of the corporation or the unincorporated association and:


(a) The offense is a misdemeanor, petty misdemeanor, or violation; or


(b) The offense is one defined by a statute which clearly indicates a legislative purpose to impose such criminal liability on a corporation or unincorporated association.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-228

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-228. Liability of persons acting, or under a duty to act, in behalf of corporations or unincorporated associations


(1) A person is legally accountable for any conduct the person performs or causes to be performed in the name of a corporation or an unincorporated association or in its behalf to the same extent as if it were performed in the person's own name or behalf.


(2) Whenever a duty to act is imposed by law upon a corporation or an unincorporated association, any agent of the corporation or the unincorporated association having primary responsibility for the discharge of the duty is legally accountable for a reckless omission to perform the required act to the same extent as if the duty were imposed by law directly upon the agent.


(3) When a person is convicted of an offense by reason of the person's legal accountability for the conduct of a corporation or of an unincorporated association, the person is subject to the sentence authorized by law when a natural person is convicted of an offense of the grade and class involved.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-229

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-229. Definitions relating to corporations and unincorporated associations


As used in sections 702-227 and 702-228:


(1) “Corporation” does not include an entity organized as or by a governmental agency for the execution of a governmental program.


(2) “Agent” means any director, officer, servant, employee or other person authorized to act in behalf of the corporation or association and, in the case of an unincorporated association, a member of such association.


(3) “High managerial agent” means an officer of a corporation or an unincorporated association, or, in the case of a partnership, a partner, or any other agent of a corporation or unincorporated association having duties of such responsibility that his conduct may fairly be assumed to represent the policy of the corporation or the unincorporated association.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-230

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-230. Intoxication


(1) Self-induced intoxication is prohibited as a defense to any offense, except as specifically provided in this section.


(2) Evidence of the nonself-induced or pathological intoxication of the defendant shall be admissible to prove or negative the conduct alleged or the state of mind sufficient to establish an element of the offense. Evidence of self-induced intoxication of the defendant is admissible to prove or negative conduct or to prove state of mind sufficient to establish an element of an offense. Evidence of self-induced intoxication of the defendant is not admissible to negative the state of mind sufficient to establish an element of the offense.


(3) Intoxication does not, in itself, constitute a physical or mental disease, disorder, or defect within the meaning of section 704-400.


(4) Intoxication which (a) is not self-induced or (b) is pathological is a defense if by reason of such intoxication the defendant at the time of the defendant's conduct lacks substantial capacity either to appreciate its wrongfulness or to conform the defendant's conduct to the requirements of law.


(5) In this section:


(a) “Intoxication” means a disturbance of mental or physical capacities resulting from the introduction of substances into the body;


(b) “Self-induced intoxication” means intoxication caused by substances which the defendant knowingly introduces into the defendant's body, the tendency of which to cause intoxication the defendant knows or ought to know, unless the defendant introduces them pursuant to medical advice or under such circumstances as would afford a defense to a charge of a penal offense;


(c) “Pathological intoxication” means intoxication grossly excessive in degree, given the amount of the intoxicant, to which the defendant does not know the defendant is susceptible and which results from a physical abnormality of the defendant.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1986, ch. 325, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-231

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-231. Duress


(1) It is a defense to a penal charge that the defendant engaged in the conduct or caused the result alleged because he was coerced to do so by the use of, or a threat to use, unlawful force against his person or the person of another, which a person of reasonable firmness in his situation would have been unable to resist.


(2) The defense provided by this section is unavailable if the defendant recklessly placed himself in a situation in which it was probable that he would be subjected to duress. The defense is also unavailable if he was negligent in placing himself in such a situation, whenever negligence suffices to establish the requisite state of mind for the offense charged.


(3) It is not a defense that a person acted on the command of his or her spouse, unless he or she acted under such coercion as would establish a defense under this section.


(4) When the conduct of the defendant would otherwise be justifiable under section 703-302, this section does not preclude the defense of justification.


(5) In prosecutions for any offense described in this Code, the defense asserted under this section shall constitute an affirmative defense. The defendant shall have the burden of going forward with the evidence to prove the facts constituting such defense, unless such facts are supplied by the testimony of the prosecuting witness or circumstance in such testimony, and of proving such facts by a preponderance of the evidence pursuant to section 701-115.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1979, ch. 183, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-232

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-232. Military orders


It is an affirmative defense to a penal charge that the defendant, in engaging in the conduct or causing the result alleged, which the defendant did not know to be unlawful, did no more than execute an order of the defendant's superior in the armed services.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-233

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-233. Consent; general


In any prosecution, the victim's consent to the conduct alleged, or to the result thereof, is a defense if the consent negatives an element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the offense.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-234

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-234. Consent to bodily injury


In any prosecution involving conduct which causes or threatens bodily injury, consent to such conduct or to the infliction of such injury is a defense if:


(1) The conduct and the injury are reasonably foreseeable hazards of joint participation in a lawful athletic event or competitive sport; or


(2) The consent establishes a justification for the conduct under chapter 703.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-235

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-235. Ineffective consent


Unless otherwise provided by this Code or by the law defining the offense, consent does not constitute a defense if:


(1) It is given by a person who is legally incompetent to authorize the conduct alleged; or


(2) It is given by a person who by reason of youth, mental disease, disorder, or defect, or intoxication is manifestly unable or known by the defendant to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct alleged; or


(3) It is given by a person whose improvident consent is sought to be prevented by the law defining the offense; or


(4) It is induced by force, duress or deception.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-236

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-236. De minimis infractions


(1) The court may dismiss a prosecution if, having regard to the nature of the conduct alleged and the nature of the attendant circumstances, it finds that the defendant's conduct:


(a) Was within a customary license or tolerance, which was not expressly refused by the person whose interest was infringed and which is not inconsistent with the purpose of the law defining the offense; or


(b) Did not actually cause or threaten the harm or evil sought to be prevented by the law defining the offense or did so only to an extent too trivial to warrant the condemnation of conviction; or


(c) Presents such other extenuations that it cannot reasonably be regarded as envisaged by the legislature in forbidding the offense.


(2) The court shall not dismiss a prosecution under subsection (1)(c) of this section without filing a written statement of its reasons.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 702-237

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 702. General Principles of Penal Liability

§ 702-237. Entrapment


(1) In any prosecution, it is an affirmative defense that the defendant engaged in the prohibited conduct or caused the prohibited result because the defendant was induced or encouraged to do so by a law enforcement officer, or by a person acting in cooperation with a law enforcement officer, who, for the purpose of obtaining evidence of the commission of an offense, either:


(a) Knowingly made false representations designed to induce the belief that such conduct or result was not prohibited; or


(b) Employed methods of persuasion or inducement which created a substantial risk that the offense would be committed by persons other than those who are ready to commit it.


(2) The defense afforded by this section is unavailable when causing or threatening bodily injury is an element of the offense charged and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 703-300

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 703. General Principles of Justification

§ 703-300. Definitions relating to justification


In this chapter, unless a different meaning is plainly required:


“Believes” means reasonably believes.


“Deadly force” means force which the actor uses with the intent of causing or which the actor knows to create a substantial risk of causing death or serious bodily harm. Intentionally firing a firearm in the direction of another person or in the direction which another person is believed to be constitutes deadly force. A threat to cause death or serious bodily injury, by the production of a weapon or otherwise, so long as the actor's intent is limited to creating an apprehension that the actor will use deadly force if necessary, does not constitute deadly force.


“Dwelling” means any building or structure, though movable or temporary, or a portion thereof, which is for the time being a home or place of lodging.


“Force” means any bodily impact, restraint, or confinement, or the threat thereof.


“Unlawful force” means force which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or would constitute an offense except for a defense not amounting to a justification to use the force. Assent constitutes consent, within the meaning of this section, whether or not it otherwise is legally effective, except assent to the infliction of death or serious or substantial bodily injury.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1986, ch. 314, § 5.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 703-301

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 703. General Principles of Justification

§ 703-301. Justification a defense; civil remedies unaffected


(1) In any prosecution for an offense, justification, as defined in sections 703-302 through 703-309, is a defense.


(2) The fact that conduct is justifiable under this chapter does not abolish or impair any remedy for such conduct which is available in any civil action.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 703-302

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 703. General Principles of Justification

§ 703-302. Choice of evils


(1) Conduct which the actor believes to be necessary to avoid an imminent harm or evil to the actor or to another is justifiable provided that:


(a) The harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by the law defining the offense charged; and


(b) Neither the Code nor other law defining the offense provides exceptions or defenses dealing with the specific situation involved; and


(c) A legislative purpose to exclude the justification claimed does not otherwise plainly appear.


(2) When the actor was reckless or negligent in bringing about the situation requiring a choice of harms or evils or in appraising the necessity for the actor's conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish culpability.


(3) In a prosecution for escape under section 710-1020 or 710-1021, the defense available under this section is limited to an affirmative defense consisting of the following elements:


(a) The actor receives a threat, express or implied, of death, substantial bodily injury, or forcible sexual attack;


(b) Complaint to the proper prison authorities is either impossible under the circumstances or there exists a history of futile complaints;


(c) Under the circumstances there is no time or opportunity to resort to the courts;


(d) No force or violence is used against prison personnel or other innocent persons; and


(e) The actor promptly reports to the proper authorities when the actor has attained a position of safety from the immediate threat.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1986, ch. 314, § 6.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 703-303

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 703. General Principles of Justification

§ 703-303. Execution of public duty


(1) Except as provided in subsection (2), conduct is justifiable when it is required or authorized by:


(a) The law defining the duties or functions of a public officer or the assistance to be rendered to a public officer in the performance of the public officer's duties; or


(b) The law governing the execution of legal process; or


(c) The judgment or order of a competent court or tribunal;


(d) The law governing the armed services or the lawful conduct of war; or


(e) Any other provision of law imposing a public duty.


(2) The other sections of this chapter apply to:


(a) The use of force upon or toward the person of another for any of the purposes dealt with in those sections; and


(b) The use of deadly force for any purpose, unless the use of deadly force is otherwise expressly authorized by law or occurs in the lawful conduct of war.


(3) The justification afforded by subsection (1) applies:


(a) When the actor believes the actor's conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; and


(b) When the actor believes the actor's conduct to be required or authorized to assist a public officer in the performance of the officer's duties, notwithstanding that the officer exceeded the officer's legal authority.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 703-304

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 703. General Principles of Justification

§ 703-304. Use of force in self-protection


(1) Subject to the provisions of this section and of section 703-308, the use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by the other person on the present occasion.


(2) The use of deadly force is justifiable under this section if the actor believes that deadly force is necessary to protect himself against death, serious bodily injury, kidnapping, rape, or forcible sodomy.


(3) Except as otherwise provided in subsections (4) and (5) of this section, a person employing protective force may estimate the necessity thereof under the circumstances as he believes them to be when the force is used without retreating, surrendering possession, doing any other act which he has no legal duty to do, or abstaining from any lawful action.


(4) The use of force is not justifiable under this section:


(a) To resist an arrest which the actor knows is being made by a law enforcement officer, although the arrest is unlawful; or


(b) To resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:


(i) The actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest; or


(ii) The actor believes that such force is necessary to protect himself against death or serious bodily injury.


(5) The use of deadly force is not justifiable under this section if:


(a) The actor, with the intent of causing death or serious bodily injury, provoked the use of force against himself in the same encounter; or


(b) The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that:


(i) The actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be; and


(ii) A public officer justified in using force in the performance of his duties, or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape, is not obliged to desist from efforts to perform his duty, effect the arrest, or prevent the escape because of resistance or threatened resistance by or on behalf of the person against whom the action is directed.


(6) The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he safely can, unless the person confined has been arrested on a charge of crime.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1975, ch. 163, § 3; Laws 2001, ch. 91, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 703-305

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 703. General Principles of Justification

§ 703-305. Use of force for the protection of other persons


(1) Subject to the provisions of this section and of section 703-310, the use of force upon or toward the person of another is justifiable to protect a third person when:


(a) Under the circumstances as the actor believes them to be, the person whom the actor seeks to protect would be justified in using such protective force; and


(b) The actor believes that the actor's intervention is necessary for the protection of the other person.


(2) Notwithstanding subsection (1):


(a) When the actor would be obliged under section 703-304 to retreat, to surrender the possession of a thing, or to comply with a demand before using force in self-protection, the actor is not obliged to do so before using force for the protection of another person, unless the actor knows that the actor can thereby secure the complete safety of such other person; and


(b) When the person whom the actor seeks to protect would be obliged under section 703-304 to retreat, to surrender the possession of a thing or to comply with a demand if the person knew that the person could obtain complete safety by so doing, the actor is obliged to try to cause the person to do so before using force in the person's protection if the actor knows that the actor can obtain the other's complete safety in that way; and


(c) Neither the actor nor the person whom the actor seeks to protect is obliged to retreat when in the other's dwelling or place of work to any greater extent than in the actor's or the person's own.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 703-306

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 703. General Principles of Justification

§ 703-306. Use of force for the protection of property


(1) The use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary:


(a) To prevent the commission of criminal trespass or burglary in a building or upon real property in the actor's possession or in the possession of another person for whose protection the actor acts; or


(b) To prevent unlawful entry upon real property in the actor's possession or in the possession of another person for whose protection the actor acts; or


(c) To prevent theft, criminal mischief, or any trespassory taking of tangible, movable property in the actor's possession or in the possession of another person for whose protection the actor acts.


(2) The actor may in the circumstances specified in subsection (1) use such force as the actor believes is necessary to protect the threatened property, provided that the actor first requests the person against whom force is used to desist from the person's interference with the property, unless the actor believes that:


(a) Such a request would be useless; or


(b) It would be dangerous to the actor or another person to make the request; or


(c) Substantial harm would be done to the physical condition of the property which is sought to be protected before the request could effectively be made.


(3) The use of deadly force for the protection of property is justifiable only if:


(a) The person against whom the force is used is attempting to dispossess the actor of the actor's dwelling otherwise than under a claim of right to its possession; or


(b) The person against whom the deadly force is used is attempting to commit felonious property damage, burglary, robbery, or felonious theft and either:


(i) Has employed or threatened deadly force against or in the presence of the actor; or


(ii) The use of force other than deadly force to prevent the commission of the crime would expose the actor or another person in the actor's presence to substantial danger of serious bodily injury.


(4) The justification afforded by this section extends to the use of a device for the purpose of protecting property only if:


(a) The device is not designed to cause or known to create a substantial risk of causing death or serious bodily injury; and


(b) The use of the particular device to protect the property from entry or trespass is reasonable under the circumstances, as the defendant believes them to be; and


(c) The device is one customarily used for such a purpose or reasonable care is taken to make known to probable intruders the fact that it is used.


(5) The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as the actor knows that the actor can do so with safety to the property, unless the person confined has been arrested on a charge of crime.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 703-307

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 703. General Principles of Justification

§ 703-307. Use of force in law enforcement


(1) Subject to the provisions of this section and of section 703-310, the use of force upon or toward the person of another is justifiable when the actor is making or assisting in making an arrest and the actor believes that such force is immediately necessary to effect a lawful arrest.


(2) The use of force is not justifiable under this section unless:


(a) The actor makes known the purpose of the arrest or believes that it is otherwise known by or cannot reasonably be made known to the person to be arrested; and


(b) When the arrest is made under a warrant, the warrant is valid or believed by the actor to be valid.


(3) The use of deadly force is not justifiable under this section unless:


(a) The arrest is for a felony; and


(b) The person effecting the arrest is authorized to act as a law enforcement officer or is assisting a person whom he believes to be authorized to act as a law enforcement officer; and


(c) The actor believes that the force employed creates no substantial risk of injury to innocent persons; and


(d) The actor believes that:


(i) The crimes for which the arrest is made involved conduct including the use or threatened use of deadly force; or


(ii) There is a substantial risk that the person to be arrested will cause death or serious bodily injury if his apprehension is delayed.


(4) The use of force to prevent the escape of an arrested person from custody is justifiable when the force could justifiably have been employed to effect the arrest under which the person is in custody, except that a guard or other person authorized to act as a law enforcement officer is justified in using force which he believes to be immediately necessary to prevent the escape from a detention facility.


(5) A private person who is summoned by a law enforcement officer to assist in effecting an unlawful arrest is justified in using any force which he would be justified in using if the arrest were lawful, provided that he does not believe the arrest is unlawful. A private person who assists another private person in effecting an unlawful arrest, or who, not being summoned, assists a law enforcement officer in effecting an unlawful arrest, is justified in using any force which he would be justified in using if the arrest were lawful, provided that he believes the arrest is lawful, and the arrest would be lawful if the facts were as he believes them to be.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 2001, ch. 91, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 703-308

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 703. General Principles of Justification

§ 703-308. Use of force to prevent suicide or the commission of a crime


(1) The use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary to prevent the other person from committing suicide, inflicting serious bodily harm upon oneself, committing or consummating the commission of a crime involving or threatening bodily injury, damage to or loss of property, or breach of the peace, except that:


(a) Any limitations imposed by the other provisions of this chapter on the justifiable use of force in self-protection, for the protection of others, the protection of property, the effectuation of an arrest, or the prevention of an escape from custody shall apply notwithstanding the criminality of the conduct against which such force is used; and


(b) The use of deadly force is not in any event justifiable under this section unless:


(i) The actor believes that there is a substantial risk that the person whom the actor seeks to prevent from committing a crime will cause death or serious bodily injury to another unless the commission or the consummation of the crime is prevented and that the use of such force presents no substantial risk of injury to innocent persons; or


(ii) The actor believes that the use of such force is necessary to suppress a riot after the rioters have been ordered to disperse and warned, in any particular manner that the law may require, that deadly force will be used if they do not obey.


(2) The justification afforded by this section extends to the use of confinement as preventive force only if the actor takes all reasonable measures to terminate the confinement as soon as the actor knows that the actor safely can, unless the person confined has been arrested on a charge of crime.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 703-309

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 703. General Principles of Justification

§ 703-309. Use of force by persons with special responsibility for care, discipline, or safety of others


The use of force upon or toward the person of another is justifiable under the following circumstances:


(1) The actor is the parent or guardian or other person similarly responsible for the general care and supervision of a minor, or a person acting at the request of the parent, guardian, or other responsible person, and:


(a) The force is employed with due regard for the age and size of the minor and is reasonably related to the purpose of safeguarding or promoting the welfare of the minor, including the prevention or punishment of the minor's misconduct; and


(b) The force used is not designed to cause or known to create a risk of causing substantial bodily injury, disfigurement, extreme pain or mental distress, or neurological damage.


(2) The actor is a principal, the principal's agent, a teacher, or a person otherwise entrusted with the care or supervision for a special purpose of a minor, and:


(a) The actor believes that the force used is necessary to further that special purpose, including maintenance of reasonable discipline in a school, class, other group, or at activities supervised by the department of education held on or off school property and that the use of force is consistent with the welfare of the minor; and


(b) The degree of force, if it had been used by the parent or guardian of the minor, would not be unjustifiable under paragraph (1)(b).


(3) The actor is the guardian or other person similarly responsible for the general care and supervision of an incompetent person, and:


(a) The force is employed with due regard for the age and size of the incompetent person and is reasonably related to the purpose of safeguarding or promoting the welfare of the incompetent person, including the prevention of the incompetent person's misconduct, or, when such incompetent person is in a hospital or other institution for the incompetent person's care and custody, for the maintenance of reasonable discipline in the institution; and


(b) The force used is not designed to cause or known to create a risk of causing substantial bodily injury, disfigurement, extreme pain or mental distress, or neurological damage.


(4) The actor is a doctor or other therapist or a person assisting the doctor or therapist at the doctor's or therapist's direction, and:


(a) The force is used for the purpose of administering a recognized form of treatment which the actor believes to be adapted to promoting the physical or mental health of the patient; and


(b) The treatment is administered with the consent of the patient, or, if the patient is a minor or an incompetent person, with the consent of the minor's or incompetent person's parent or guardian or other person legally competent to consent in the minor's or incompetent person's behalf, or the treatment is administered in an emergency when the actor believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.


(5) The actor is a warden or other authorized official of a correctional institution, and:


(a) The actor believes that the force used is necessary for the purpose of enforcing the lawful rules or procedures of the institution; and


(b) The nature or degree of force used is not forbidden by other provisions of the law governing the conduct of correctional institutions; and


(c) If deadly force is used, its use is otherwise justifiable under this chapter.


(6) The actor is a person responsible for the safety of a vessel or an aircraft or a person acting at the direction of the person responsible for the safety of a vessel or an aircraft, and:


(a) The actor believes that the force used is necessary to prevent interference with the operation of the vessel or aircraft or obstruction of the execution of a lawful order, unless the actor's belief in the lawfulness of the order is erroneous and the actor's error is due to ignorance or mistake as to the law defining authority; and


(b) If deadly force is used, its use is otherwise justifiable under this chapter.


(7) The actor is a person who is authorized or required by law to maintain order or decorum in a vehicle, train, or other carrier, or in a place where others are assembled, and:


(a) The actor believes that the force used is necessary for that purpose; and


(b) The force used is not designed to cause or known to create a substantial risk of causing death, bodily injury or extreme mental distress.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1992, ch. 210, § 1; Laws 2001, ch. 94, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 703-310

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 703. General Principles of Justification

§ 703-310. Provisions generally applicable to justification


(1) When the actor believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such belief would establish a justification under sections 703-303 to 703-309 but the actor is reckless or negligent in having such belief or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of the actor's use of force, the justification afforded by those sections is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability.


(2) When the actor is justified under sections 703-303 to 703-309 in using force upon or toward the person of another but the actor recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for such recklessness or negligence toward innocent persons.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-400

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-400. Physical or mental disease, disorder, or defect excluding penal responsibility


(1) A person is not responsible, under this Code, for conduct if at the time of the conduct as a result of physical or mental disease, disorder, or defect the person lacks substantial capacity either to appreciate the wrongfulness of the person's conduct or to conform the person's conduct to the requirements of law.


(2) As used in this chapter, the terms “physical or mental disease, disorder, or defect” do not include an abnormality manifested only by repeated penal or otherwise anti-social conduct.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-401

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-401. Evidence of physical or mental disease, disorder, or defect admissible when relevant to state of mind


Evidence that the defendant was affected by a physical or mental disease, disorder, or defect is admissible whenever it is relevant to prove that the defendant did or did not have a state of mind that is required to establish an element of the offense.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 2006, ch. 230, § 5.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-402

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-402. Physical or mental disease, disorder, or defect excluding responsibility is an affirmative defense; form of verdict and judgment when finding of irresponsibility is made


(1) Physical or mental disease, disorder, or defect excluding responsibility is an affirmative defense.


(2) When the defense provided for by subsection (1) is submitted to a jury, the court shall, if requested by the defendant, instruct the jury as to the consequences to the defendant of an acquittal on the ground of physical or mental disease, disorder, or defect excluding responsibility.


(3) When the defendant is acquitted on the ground of physical or mental disease, disorder, or defect excluding responsibility, the verdict and the judgment shall so state.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 136, § 4(a); Laws 1980, ch. 222, § 1(1); Laws 1982, ch. 229, § 1; Laws 1983, ch. 124, § 14.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-403

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-403. Physical or mental disease, disorder, or defect excluding fitness to proceed


No person who as a result of a physical or mental disease, disorder, or defect lacks capacity to understand the proceedings against the person or to assist in the person's own defense shall be tried, convicted, or sentenced for the commission of an offense so long as such incapacity endures.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-404

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-404. Examination of defendant with respect to physical or mental disease, disorder, or defect


(1) Whenever the defendant has filed a notice of intention to rely on the defense of physical or mental disease, disorder, or defect excluding responsibility, or there is reason to doubt the defendant's fitness to proceed, or reason to believe that the physical or mental disease, disorder, or defect of the defendant will or has become an issue in the case, the court may immediately suspend all further proceedings in the prosecution. If a trial jury has been empanelled, it shall be discharged or retained at the discretion of the court. The discharge of the trial jury shall not be a bar to further prosecution.


(2) Upon suspension of further proceedings in the prosecution, the court shall appoint three qualified examiners in felony cases and one qualified examiner in nonfelony cases to examine and report upon the physical and mental condition of the defendant. In felony cases the court shall appoint at least one psychiatrist and at least one licensed psychologist. The third member may be a psychiatrist, licensed psychologist, or qualified physician. One of the three shall be a psychiatrist or licensed psychologist designated by the director of health from within the department of health. In nonfelony cases the court may appoint either a psychiatrist or a licensed psychologist. All examiners shall be appointed from a list of certified examiners as determined by the department of health. The court, in appropriate circumstances, may appoint an additional examiner or examiners. The examination may be conducted on an out-patient basis or, in the court's discretion, when necessary the court may order the defendant to be committed to a hospital or other suitable facility for the purpose of the examination for a period not exceeding thirty days, or such longer period as the court determines to be necessary for the purpose. The court may direct that one or more qualified physicians or psychologists retained by the defendant be permitted to witness the examination. As used in this section, the term “licensed psychologist” includes psychologists exempted from licensure by section 465-3(a)(3).


(3) An examination performed under this section may employ any method that is accepted by the professions of medicine or psychology for the examination of those alleged to be affected by a physical or mental disease, disorder, or defect; provided that each examiner shall form and render diagnoses and opinions upon the physical and mental condition of the defendant independently from the other examiners, and the examiners, upon approval of the court, may secure the services of clinical psychologists and other medical or paramedical specialists to assist in the examination and diagnosis.


(4) The report of the examination shall include the following:


(a) A description of the nature of the examination;


(b) A diagnosis of the physical or mental condition of the defendant;


(c) An opinion as to the defendant's capacity to understand the proceedings against the defendant and to assist in the defendant's own defense;


(d) An opinion as to the extent, if any, to which the capacity of the defendant to appreciate the wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of law was impaired at the time of the conduct alleged;


(e) When directed by the court, an opinion as to the capacity of the defendant to have a particular state of mind that is required to establish an element of the offense charged; and


(f) Where more than one examiner is appointed, a statement that the diagnosis and opinion rendered were arrived at independently of any other examiner, unless there is a showing to the court of a clear need for communication between or among the examiners for clarification. A description of the communication shall be included in the report. After all reports are submitted to the court, examiners may confer without restriction.


(5) If the examination cannot be conducted by reason of the unwillingness of the defendant to participate therein, the report shall so state and shall include, if possible, an opinion as to whether such unwillingness of the defendant was the result of physical or mental disease, disorder, or defect.


(6) Three copies of the report of the examination, including any supporting documents, shall be filed with the clerk of the court, who shall cause copies to be delivered to the prosecuting attorney and to counsel for the defendant.


(7) Any examiner shall be permitted to make a separate explanation reasonably serving to clarify the examiner's diagnosis or opinion.


(8) The court shall obtain all existing medical, mental health, social, police, and juvenile records, including those expunged, and other pertinent records in the custody of public agencies, notwithstanding any other statutes, and make such records available for inspection by the examiners. If, pursuant to this section, the court orders the defendant committed to a hospital or other suitable facility under the control of the director of health, then the county police departments shall provide to the director of health and the defendant copies of all police reports from cases filed against the defendant which have been adjudicated by the acceptance of a plea of guilty or no contest, a finding of guilt, acquittal, acquittal pursuant to section 704-400, or by the entry of plea of guilty or no contest made pursuant to chapter 853, so long as the disclosure to the director of health and the defendant does not frustrate a legitimate function of the county police departments, with the exception of expunged records, records of or pertaining to any adjudication or disposition rendered in the case of a juvenile, or records containing data from the United States National Crime Information Center. The county police departments shall segregate or sanitize from the police reports information that would result in the likelihood or actual identification of individuals who furnished information in connection with its investigation, or who were of investigatory interest. Records shall not be re-disclosed except to the extent permitted by law.


(9) The compensation of persons making or assisting in the examination, other than those retained by the nonindigent defendant, who are not undertaking the examination upon designation by the director of health as part of their normal duties as employees of the State or a county, shall be paid by the State.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 136, § 4(b); Laws 1974, ch. 54, § 1; Laws 1979, ch. 3, § 1; Laws 1979, ch. 105, § 64; Laws 1983, ch. 172, § 1; Laws 1984, ch. 90, § 1; Laws 1987, ch. 145, § 1; Laws 1988, ch. 305, § 5; Laws 1992, ch. 88, § 1; Laws 1997, ch. 306, § 1; Laws 2006, ch. 230, § 6; Laws 2008, ch. 99, § 1, eff. May 23, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-405

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-405. Determination of fitness to proceed


When the defendant's fitness to proceed is drawn in question, the issue shall be determined by the court. If neither the prosecuting attorney nor counsel for the defendant contests the finding of the report filed pursuant to section 704-404, the court may make the determination on the basis of such report. If the finding is contested, the court shall hold a hearing on the issue. When the report is received in evidence upon such hearing, the party who contests the finding thereof shall have the right to summon and to cross-examine the persons who joined in the report or assisted in the examination and to offer evidence upon the issue.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-406

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-406. Effect of finding of unfitness to proceed


(1) If the court determines that the defendant lacks fitness to proceed, the proceeding against the defendant shall be suspended, except as provided in section 704-407, and the court shall commit the defendant to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment; provided that the commitment shall be limited in certain cases as follows:


(a) When the defendant is charged with a petty misdemeanor not involving violence or attempted violence, the commitment shall be limited to no longer than sixty days from the date the court determines the defendant lacks fitness to proceed; and


(b) When the defendant is charged with a misdemeanor not involving violence or attempted violence, the commitment shall be limited to no longer than one hundred twenty days from the date the court determines the defendant lacks fitness to proceed.


If the court is satisfied that the defendant may be released on conditions without danger to the defendant or to the person or property of others, the court shall order the defendant's release, which shall continue at the discretion of the court, on conditions the court determines necessary; provided that the release on conditions of a defendant charged with a petty misdemeanor not involving violence or attempted violence shall continue for no longer than sixty days, and the release on conditions of a defendant charged with a misdemeanor not involving violence or attempted violence shall continue for no longer than one hundred twenty days. A copy of the report filed pursuant to section 704-404 shall be attached to the order of commitment or order of release on conditions. When the defendant is committed to the custody of the director of health for detention, care, and treatment, the county police departments shall provide to the director of health and the defendant copies of all police reports from cases filed against the defendant that have been adjudicated by the acceptance of a plea of guilty or nolo contendere, a finding of guilt, acquittal, acquittal pursuant to section 704-400, or by the entry of a plea of guilty or nolo contendere made pursuant to chapter 853, so long as the disclosure to the director of health and the defendant does not frustrate a legitimate function of the county police departments; provided that expunged records, records of or pertaining to any adjudication or disposition rendered in the case of a juvenile, or records containing data from the United States National Crime Information Center shall not be provided. The county police departments shall segregate or sanitize from the police reports information that would result in the [likely] or actual identification of individuals who furnished information in connection with the investigation or who were of investigatory interest. Records shall not be re-disclosed except to the extent permitted by law.


(2) When the defendant is released on conditions after a finding of unfitness to proceed, the department of health shall establish and monitor a fitness restoration program consistent with conditions set by the court order of release, and shall inform the prosecuting attorney of the county that charged the defendant of the program and report the defendant's compliance therewith.


[(3)] When the court, on its own motion or upon the application of the director of health, the prosecuting attorney, or the defendant, determines, after a hearing if a hearing is requested, that the defendant has regained fitness to proceed, the penal proceeding shall be resumed. If, however, the court is of the view that so much time has elapsed since the commitment or release on conditions of the defendant that it would be unjust to resume the proceeding, the court may dismiss the charge and:


(a) Order the defendant to be discharged;


(b) Subject to the law governing the involuntary civil commitment of persons affected by physical or mental disease, disorder, or defect, order the defendant to be committed to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment; or


(c) Subject to the law governing involuntary outpatient treatment, order the defendant to be released on conditions the court determines necessary.


[(4)] If a defendant committed to the custody of the director of health for a limited period pursuant to subsection (1) is not found fit to proceed prior to the expiration of the commitment, the charge for which the defendant was committed for a limited period shall be dismissed. Upon dismissal of the charge, the defendant shall be released from custody unless the defendant is subject to prosecution for other charges, in which case, unless the defendant is subject to the law governing involuntary civil commitment, the court shall order the defendant's commitment to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment. Within a reasonable time following any other commitment under subsection (1), the director of health shall report to the court on whether the defendant presents a substantial likelihood of becoming fit to proceed in the future. The court, in addition, may appoint a panel of three qualified examiners in felony cases or one qualified examiner in nonfelony cases to make a report. If, following a report, the court determines that the defendant probably will remain unfit to proceed, the court may dismiss the charge and:


(a) Release the defendant; or


(b) Subject to the law governing involuntary civil commitment, order the defendant to be committed to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment.


[(5)] If a defendant released on conditions for a limited period pursuant to subsection (1) is not found fit to proceed prior to the expiration of the release on conditions order, the charge for which the defendant was released on conditions for a limited period shall be dismissed. Upon dismissal of the charge, the defendant shall be discharged from the release on conditions unless the defendant is subject to prosecution for other charges or subject to the law governing involuntary civil commitment, in which case the court shall order the defendant's commitment to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment. Within a reasonable time following any other release on conditions under subsection (1), the court shall appoint a panel of three qualified examiners in felony cases or one qualified examiner in nonfelony cases to report to the court on whether the defendant presents a substantial likelihood of becoming fit to proceed in the future. If, following the report, the court determines that the defendant probably will remain unfit to proceed, the court may dismiss the charge and:


(a) Release the defendant; or


(b) Subject to the law governing involuntary civil commitment, order the defendant to be committed to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 7; Laws 1993, ch. 87, § 1; Laws 1997, ch. 306, § 2; Laws 2006, ch. 230, § 7; Laws 2008, ch. 99, § 2, eff. May 23, 2008; Laws 2011, ch. 53, § 2, eff. July 1, 2011; Laws 2011, ch. 112, § 2, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-407

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-407. Special hearing following commitment or release on conditions


(1) At any time after commitment as provided in section 704-406, the defendant or the defendant's counsel or the director of health may apply for a special post-commitment or post-release hearing. If the application is made by or on behalf of a defendant not represented by counsel, the defendant shall be afforded a reasonable opportunity to obtain counsel, and if the defendant lacks funds to do so, counsel shall be assigned by the court. The application shall be granted only if the counsel for the defendant satisfies the court by affidavit or otherwise that, as an attorney, the counsel has reasonable grounds for a good faith belief that the counsel's client has an objection based upon legal grounds to the charge.


(2) If the motion for a special post-commitment or post-release hearing is granted, the hearing shall be by the court without a jury. No evidence shall be offered at the hearing by either party on the issue of physical or mental disease, disorder, or defect as a defense to, or in mitigation of, the offense charged.


(3) After the hearing, the court shall rule on any legal objection raised by the application and, in an appropriate case, may quash the indictment or other charge, find it to be defective or insufficient, or otherwise terminate the proceedings on the law. In any such case, unless all defects in the proceedings are promptly cured, the court shall terminate the commitment or release ordered under section 704-406 and:


(a) Order the defendant to be discharged;


(b) Subject to the law governing involuntary civil commitment of persons affected by a physical or mental disease, disorder, or defect, order the defendant to be committed to the custody of the director of health to be placed in an appropriate institution for detention, care, and treatment; or


(c) Subject to the law governing involuntary outpatient treatment, order the defendant to be released on such conditions as the court deems necessary.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1980, ch. 222, § 1(2); Laws 1984, ch. 90, § 1; Laws 2006, ch. 230, § 8.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-408

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-408. Determination of irresponsibility


If the report of the examiners filed pursuant to section 704-404, or the report of examiners of the defendant's choice under section 704-409, states that the defendant at the time of the conduct alleged was affected by a physical or mental disease, disorder, or defect that substantially impaired the defendant's capacity to appreciate the wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of law, the court shall submit the defense of physical or mental disease, disorder, or defect to the jury or the trier of fact at the trial of the charge against the defendant.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1980, ch. 222, § 1(3); Laws 1984, ch. 90, § 1; Laws 2006, ch. 230, § 9.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-409

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-409. Access to defendant by examiners of defendant's choice


When, notwithstanding the report filed pursuant to section 704-404, the defendant wishes to be examined by one or more qualified physicians or other experts of the defendant's own choice, such examiner or examiners shall be permitted to have reasonable access to the defendant for the purposes of such examination.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-410

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-410. Form of expert testimony regarding physical or mental disease, disorder, or defect


(1) At the hearing pursuant to section 704-405 or upon the trial, the examiners who reported pursuant to section 704-404 may be called as witnesses by the prosecution, the defendant, or the court. If the issue is being tried before a jury, the jury may be informed that the examiners or any of them were designated by the court or by the director of health at the request of the court, as the case may be. If called by the court, the witness shall be subject to cross-examination by the prosecution and the defendant. Both the prosecution and the defendant may summon any other qualified physician or licensed psychologist or other expert to testify, but no one who has not examined the defendant shall be competent to testify to an expert opinion with respect to the physical or mental condition of the defendant, as distinguished from the validity of the procedure followed by, or the general scientific propositions stated by, another witness.


(2) When an examiner testifies on the issue of the defendant's fitness to proceed, the examiner shall be permitted to make a statement as to the nature of the examiner's examination, the examiner's diagnosis of the physical or mental condition of the defendant, and the examiner's opinion of the extent, if any, to which the capacity of the defendant to understand the proceedings against the defendant or to assist in the defendant's own defense is impaired as a result of physical or mental disease, disorder, or defect.


(3) When an examiner testifies on the issue of the defendant's responsibility for conduct alleged or the issue of the defendant's capacity to have a particular state of mind which is necessary to establish an element of the offense charged, the examiner shall be permitted to make a statement as to the nature of the examiner's examination, the examiner's diagnosis of the physical or mental condition of the defendant at the time of the conduct alleged, and the examiner's opinion of the extent, if any, to which the capacity of the defendant to appreciate the wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of law or to have a particular state of mind which is necessary to establish an element of the offense charged was impaired as a result of physical or mental disease, disorder, or defect at that time.


(4) When an examiner testifies, the examiner shall be permitted to make any explanation reasonably serving to clarify the examiner's diagnosis and opinion and may be cross-examined as to any matter bearing on the examiner's competency or credibility or the validity of the examiner's diagnosis or opinion.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1980, ch. 222, § 1(4); Laws 1984, ch. 90, § 1; Laws 1988, ch. 305, § 6.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-411

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-411. Legal effect of acquittal on the ground of physical or mental disease, disorder, or defect excluding responsibility; commitment; conditional release; discharge; procedure for separate post-acquittal hearing


(1) When a defendant is acquitted on the ground of physical or mental disease, disorder, or defect excluding responsibility, the court, on the basis of the report made pursuant to section 704-404, if uncontested, or the medical or psychological evidence given at the trial or at a separate hearing, shall order that:


(a) The defendant shall be committed to the custody of the director of health to be placed in an appropriate institution for custody, care, and treatment if the court finds that the defendant:


(i) Is affected by a physical or mental disease, disorder, or defect;


(ii) Presents a risk of danger to self or others; and


(iii) Is not a proper subject for conditional release;


provided that the director of health shall place defendants charged with misdemeanors or felonies not involving violence or attempted violence in the least restrictive environment appropriate in light of the defendant's treatment needs and the need to prevent harm to the person confined and others. The county police departments shall provide to the director of health and the defendant copies of all police reports from cases filed against the defendant that have been adjudicated by the acceptance of a plea of guilty or nolo contendere, a finding of guilt, acquittal, acquittal pursuant to section 704-400, or by the entry of a plea of guilty or nolo contendere made pursuant to chapter 853, so long as the disclosure to the director of health and the defendant does not frustrate a legitimate function of the county police departments; provided that expunged records, records of or pertaining to any adjudication or disposition rendered in the case of a juvenile, or records containing data from the United States National Crime Information Center shall not be provided. The county police departments shall segregate or sanitize from the police reports information that would result in the likelihood or actual identification of individuals who furnished information in connection with the investigation or who were of investigatory interest. Records shall not be re-disclosed except to the extent permitted by law;


(b) The defendant shall be granted conditional release with conditions as the court deems necessary if the court finds that the defendant is affected by physical or mental disease, disorder, or defect and that the defendant presents a danger to self or others, but that the defendant can be controlled adequately and given proper care, supervision, and treatment if the defendant is released on condition. For any defendant granted conditional release pursuant to this paragraph, and who was charged with a petty misdemeanor, misdemeanor, or violation, the period of conditional release shall be no longer than one year; or


(c) The defendant shall be discharged if the court finds that the defendant is no longer affected by physical or mental disease, disorder, or defect or, if so affected, that the defendant no longer presents a danger to self or others and is not in need of care, supervision, or treatment.


(2) The court, upon its own motion or on the motion of the prosecuting attorney or the defendant, shall order a separate post-acquittal hearing for the purpose of taking evidence on the issue of physical or mental disease, disorder, or defect and the risk of danger that the defendant presents to self or others.


(3) When ordering a hearing pursuant to subsection (2):


(a) In nonfelony cases, the court shall appoint a qualified examiner to examine and report upon the physical and mental condition of the defendant. The court may appoint either a psychiatrist or a licensed psychologist. The examiner may be designated by the director of health from within the department of health. The examiner shall be appointed from a list of certified examiners as determined by the department of health. The court, in appropriate circumstances, may appoint an additional examiner or examiners; and


(b) In felony cases, the court shall appoint three qualified examiners to examine and report upon the physical and mental condition of the defendant. In each case, the court shall appoint at least one psychiatrist and at least one licensed psychologist. The third member may be a psychiatrist, a licensed psychologist, or a qualified physician. One of the three shall be a psychiatrist or licensed psychologist designated by the director of health from within the department of health. The three examiners shall be appointed from a list of certified examiners as determined by the department of health.


To facilitate the examination and the proceedings thereon, the court may cause the defendant, if not then confined, to be committed to a hospital or other suitable facility for the purpose of examination for a period not exceeding thirty days or such longer period as the court determines to be necessary for the purpose upon written findings for good cause shown. The court may direct that qualified physicians or psychologists retained by the defendant be permitted to witness the examination. The examination and report and the compensation of persons making or assisting in the examination shall be in accord with section 704-404(3), (4)(a) and (b), (6), (7), (8), and (9). As used in this section, the term “licensed psychologist” includes psychologists exempted from licensure by section 465-3(a)(3).


(4) Whether the court's order under subsection (1) is made on the basis of the medical or psychological evidence given at the trial, or on the basis of the report made pursuant to section 704-404, or the medical or psychological evidence given at a separate hearing, the burden shall be upon the State to prove, by a preponderance of the evidence, that the defendant is affected by a physical or mental disease, disorder, or defect and may not safely be discharged and that the defendant should be either committed or conditionally released as provided in subsection (1).


(5) In any proceeding governed by this section, the defendant's fitness shall not be an issue.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1974, ch. 54, § 2; Laws 1979, ch. 3, § 2; Laws 1983, ch. 281, § 1; Laws 1984, ch. 90, § 1; Laws 1986, ch. 314, § 8; Laws 1987, ch. 145, § 2; Laws 1988, ch. 305, § 7; Laws 1992, ch. 88, § 2; Laws 1997, ch. 306, § 3; Laws 2006, ch. 230, § 10; Laws 2008, ch. 99, § 3, eff. May 23, 2008; Laws 2008, ch. 100, § 3, eff. July 1, 2008; Laws 2009, ch. 127, § 2, eff. June 16, 2009; Laws 2011, ch. 99, § 2, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-412

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-412. Committed person; application for conditional release or discharge; by the director of health; by the person


(1) After the expiration of at least ninety days following an original order of commitment pursuant to section 704-411(1)(a), or after the expiration of at least sixty days following the revocation of conditional release pursuant to section 704-413, if the director of health is of the opinion that the person committed is still affected by a physical or mental disease, disorder, or defect and may be granted conditional release or discharged without danger to self or to the person or property of others or that the person is no longer affected by a physical or mental disease, disorder, or defect, the director shall make an application for either the conditional release or discharge of the person, as appropriate. In such a case, the director shall submit a report to the court by which the person was ordered committed and shall transmit copies of the application and report to the prosecuting attorney of the county from which the person was committed and to the person committed.


(2) After the expiration of ninety days from the date of the order of commitment pursuant to section 704-411, or after the expiration of sixty days following the revocation of conditional release pursuant to section 704-413, the person committed may apply to the court from which the person was committed for an order of discharge upon the ground that the person is no longer affected by a physical or mental disease, disorder, or defect. The person committed may apply for conditional release or discharge upon the ground that, though still affected by a physical or mental disease, disorder, or defect, the person may be released without danger to self or to the person or property of others. A copy of the application shall be transmitted to the prosecuting attorney of the county from which the person was committed. If the court denies the application, the person shall not be permitted to file another application for either conditional release or discharge until one year after the date of the hearing held on the immediate prior application.


(3) Upon application to the court by either the director of health or the person committed, the court shall complete the hearing process and render a decision within sixty days of the application; provided that for good cause the court may extend the sixty-day time frame upon the request of the director of health or the person committed.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 2006, ch. 230, § 11; Laws 2008, ch. 100, § 4, eff. July 1, 2008; Laws 2009, ch. 127, § 3, eff. June 16, 2009.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-413

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-413. Conditional release; application for modification or discharge; termination of conditional release and commitment


(1) Any person granted conditional release pursuant to this chapter shall continue to receive mental health or other treatment and care deemed appropriate by the director of health until discharged from conditional release. The person shall follow all prescribed treatments and take all prescribed medications according to the instructions of the person's treating mental health professional. If a mental health professional who is treating a person granted conditional release believes that either the person is not complying with the requirements of this section or there is other evidence that hospitalization is appropriate, the mental health professional shall report the matter to the probation officer of the person granted conditional release. The probation officer may order the person granted conditional release to be hospitalized for a period not to exceed seventy-two hours if the probation officer has probable cause to believe the person has violated the requirements of this subsection. No person shall be hospitalized beyond the seventy-two-hour period, as computed pursuant to section 1-29, unless a hearing has been held pursuant to subsection (4); provided that on or before the expiration of the seventy-two-hour period, a court may conduct a hearing to determine whether the person would benefit from further hospitalization, which may render a revocation of conditional release unnecessary. If satisfied, the court may order further temporary hospitalization for a period not to exceed ninety days, subject to extension as appropriate, but in no event for a period longer than one year. At any time within that period, the court may determine that a hearing pursuant to subsection (4) should be conducted.


(2) The director of health may apply to the court ordering any person released pursuant to this chapter, for the person's discharge from, or modification of, the order granting conditional release; provided that the person receives community-based mental health services from or contracted by the department of health, and the director is of the opinion that the person on conditional release is no longer affected by a physical or mental disease, disorder, or defect and may be discharged, or the order may be modified, without danger to the person or to others. The director shall make an application for the discharge from, or modification of, the order of conditional release in a report to the circuit from which the order was issued. The director shall transmit a copy of the application and report to the prosecuting attorney of the county from which the conditional release order was issued, to the person's treating mental health professionals, and to the probation officer supervising the conditional release. The person on conditional release shall be given notice of the application.


(3) Any person granted conditional release pursuant to this chapter may apply to the court ordering the conditional release for discharge from, or modification of, the order granting conditional release on the ground that the person is no longer affected by a physical or mental disease, disorder, or defect and may be discharged, or the order may be modified, without danger to the person or to others. The application shall be accompanied by a letter from or supporting affidavit of a qualified physician or licensed psychologist. A copy of the application and letter or affidavit shall be transmitted to the prosecuting attorney of the circuit from which the order issued and to any persons supervising the release, and the hearing on the application shall be held following notice to such persons. If the court denies the application, the person shall not be permitted to file another application for either discharge or modification of conditional release until one year after the date of the denial.


(4) If, at any time after the order pursuant to this chapter granting conditional release, the court determines, after hearing evidence, that:


(a) The person is still affected by a physical or mental disease, disorder, or defect, and the conditions of release have not been fulfilled; or


(b) For the safety of the person or others, the person's conditional release should be revoked,


the court may forthwith modify the conditions of release or order the person to be committed to the custody of the director of health, subject to discharge or release in accordance with the procedure prescribed in section 704-412.


(5) Upon application for discharge from, or modification of, the order of conditional release by either the director of health or the person, the court shall complete the hearing process and render a decision within sixty days of the application, provided that for good cause the court may extend the sixty day time frame upon the request of the director of health or the person.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1983, ch. 189, § 1; Laws 1988, ch. 305, § 8; Laws 1997, ch. 306, § 4; Laws 2006, ch. 230, § 12; Laws 2008, ch. 100, § 5, eff. July 1, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-414

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-414. Procedure upon application for discharge, conditional release, or modification of conditions of release


Upon filing of an application pursuant to section 704-412 for discharge or conditional release, or upon the filing of an application pursuant to section 704-413 for discharge or for modification of conditions of release, the court shall appoint three qualified examiners in felony cases and one qualified examiner in nonfelony cases to examine and report upon the physical and mental condition of the defendant. In felony cases the court shall appoint at least one psychiatrist and at least one licensed psychologist. The third member may be a psychiatrist, a licensed psychologist, or a qualified physician. One of the three shall be a psychiatrist or licensed psychologist designated by the director of health from within the department of health. The examiners shall be appointed from a list of certified examiners as determined by the department of health. To facilitate the examination and the proceedings thereon, the court may cause the defendant, if not then confined, to be committed to a hospital or other suitable facility for the purpose of the examination and may direct that qualified physicians or psychologists retained by the defendant be permitted to witness the examination. The examination and report and the compensation of persons making or assisting in the examination shall be in accord with section 704-404(3), (4)(a) and (b), (6), (7), (8), and (9). As used in this section, the term “licensed psychologist” includes psychologists exempted from licensure by section 465-3(a)(3).


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1974, ch. 54, § 3; Laws 1979, ch. 3, § 3; Laws 1986, ch. 314, § 9; Laws 1987, ch. 145, § 3; Laws 1988, ch. 305, § 9; Laws 1992, ch. 88, § 3; Laws 1997, ch. 306, § 5; Laws 2006, ch. 230, § 13.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-415

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-415. Disposition of application for discharge, conditional release, or modification of conditions of release


(1) If the court is satisfied from the report filed pursuant to section 704-414, and such testimony of the reporting examiners as the court deems necessary, that:


(a) The person is affected by a physical or mental disease, disorder, or defect and the discharge, conditional release, or modification of conditions of release applied for may be granted without danger to the committed or conditionally released person or to the person or property of others; or


(b) The person is no longer affected by a physical or mental disease, disorder, or defect,


the court shall grant the application and order the relief. If the court is not so satisfied, it shall promptly order a hearing.


(2) Any such hearing shall be deemed a civil proceeding and the burden shall be upon the applicant to prove that the person is no longer affected by a physical or mental disease, disorder, or defect or may safely be either released on the conditions applied for or discharged. According to the determination of the court upon the hearing, the person shall be:


(a) Discharged;


(b) Released on such conditions as the court determines to be necessary; or


(c) Recommitted to the custody of the director of health, subject to discharge or release only in accordance with the procedure prescribed in section 704-412.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1982, ch. 232, § 1; Laws 2006, ch. 230, § 14.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-416

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-416. Statements for purposes of examination or treatment inadmissible except on issue of physical or mental condition


A statement made by a person subjected to examination or treatment pursuant to this chapter for the purposes of such examination or treatment shall not be admissible in evidence against the person in any penal proceeding on any issue other than that of the person's physical or mental condition, but it shall be admissible upon that issue, whether or not it would otherwise be deemed a privileged communication, unless such statement constitutes an admission of guilt of the offense charged.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-416.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-416.5. Supervision of person on conditional release


(1) Any person hospitalized under this chapter who is subsequently placed on conditional release shall be subject to the supervision of a probation officer until such time as that supervision is terminated by order of the court.


(2) The probation officer shall report, as the court may order, whether the conditionally released person is complying with the conditions of the release.


CREDIT(S)


Laws 1983, ch. 69, § 1; Laws 2006, ch. 230, § 15.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-417

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-417. Use of out-of-state institutions


The term “appropriate institution” includes any institution within or without this State to which the defendant may be eligible for admission and treatment for physical or mental disease, disorder, or defect.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-418

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-418. Immaturity excluding penal conviction; transfer of proceedings to family court


(1) A person shall not be tried for or convicted of an offense if the person is subject to the exclusive original jurisdiction of the family court, unless the family court has waived jurisdiction over the person.


(2) No court shall have jurisdiction to try or convict a person of an offense if penal proceedings against the person are barred by subsection (1). When it appears that a person charged with the commission of an offense may be of such an age that penal proceedings may be barred under subsection (1), the court shall hold a hearing thereon, and the burden shall be on the prosecution to establish to the satisfaction of the court that the penal proceeding is not barred upon such grounds. If the court determines the penal proceeding is barred, custody of the person charged shall be surrendered to the family court, and the case, including all papers and processes relating thereto, shall be transferred.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1981, ch. 206, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 704-419

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 704. Penal Responsibility and Fitness to Proceed

§ 704-419. Repealed by Laws 1980, ch. 306, § 2


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 705-500

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 705. Inchoate Crimes

Part I. Criminal Attempt

§ 705-500. Criminal attempt


(1) A person is guilty of an attempt to commit a crime if the person:


(a) Intentionally engages in conduct which would constitute the crime if the attendant circumstances were as the person believes them to be; or


(b) Intentionally engages in conduct which, under the circumstances as the person believes them to be, constitutes a substantial step in a course of conduct intended to culminate in the person's commission of the crime.


(2) When causing a particular result is an element of the crime, a person is guilty of an attempt to commit the crime if, acting with the state of mind required to establish liability with respect to the attendant circumstances specified in the definition of the crime, the person intentionally engages in conduct which is a substantial step in a course of conduct intended or known to cause such a result.


(3) Conduct shall not be considered a substantial step under this section unless it is strongly corroborative of the defendant's criminal intent.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 705-501

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 705. Inchoate Crimes

Part I. Criminal Attempt

§ 705-501. Criminal attempt; attempting to aid another


(1) A person who engages in conduct intended to aid another to commit a crime is guilty of an attempt to commit the crime, although the crime is not committed or attempted by the other person, provided his conduct would establish his complicity under sections 702-222 through 702-226 if the crime were committed or attempted by the other person.


(2) It is not a defense to a prosecution under this section that under the circumstances it was impossible for the defendant to aid the other person in the commission of the offense, provided he could have done so had the circumstances been as he believed them to be.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 705-502

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 705. Inchoate Crimes

Part I. Criminal Attempt

§ 705-502. Grading of criminal attempt


An attempt to commit a crime is an offense of the same class and grade as the most serious offense which is attempted.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 705-510

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 705. Inchoate Crimes

Part II. Criminal Solicitation

§ 705-510. Criminal solicitation


(1) A person is guilty of criminal solicitation if, with the intent to promote or facilitate the commission of a crime, the person commands, encourages, or requests another person to engage in conduct or cause the result specified by the definition of an offense or to engage in conduct which would be sufficient to establish complicity in the specified conduct or result.


(2) It is immaterial under subsection (1) that the defendant fails to communicate with the person the defendant solicits if the defendant's conduct was designed to effect such communication.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 705-511

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 705. Inchoate Crimes

Part II. Criminal Solicitation

§ 705-511. Immunity, irresponsibility, or incapacity of a party to criminal solicitation


(1) A person shall not be liable under section 705-510 for criminal solicitation of another if under sections 702-224(1) and (2) and 702-225(1) he would not be legally accountable for the conduct of the other person.


(2) It is not a defense to a prosecution under section 705-510 that the person solicited could not be guilty of committing the crime because:


(a) He is, by definition of the offense, legally incapable in an individual capacity of committing the offense solicited;


(b) He is penally irresponsible or has an immunity to prosecution or conviction for the commission of the crime;


(c) He is unaware of the criminal nature of the conduct in question or of the defendant's criminal intent; or


(d) He does not have the state of mind sufficient for the commission of the offense in question.


(3) It is not a defense to a prosecution under section 705-510 that the defendant is, by definition of the offense, legally incapable in an individual capacity of committing the offense solicited.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 705-512

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 705. Inchoate Crimes

Part II. Criminal Solicitation

§ 705-512. Grading of criminal solicitation


Criminal solicitation is an offense one class or grade, as the case may be, less than the offense solicited; provided that criminal solicitation to commit murder in any degree is a class A felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1997, ch. 149, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 705-520

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 705. Inchoate Crimes

Part III. Criminal Conspiracy

§ 705-520. Criminal conspiracy


A person is guilty of criminal conspiracy if, with intent to promote or facilitate the commission of a crime:


(1) He agrees with one or more persons that they or one or more of them will engage in or solicit the conduct or will cause or solicit the result specified by the definition of the offense; and


(2) He or another person with whom he conspired commits an overt act in pursuance of the conspiracy.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 705-521

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 705. Inchoate Crimes

Part III. Criminal Conspiracy

§ 705-521. Scope of conspiratorial relationship


If a person guilty of criminal conspiracy, as defined in section 705-520, knows that a person with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring to commit the crime with such other person or persons, whether or not he knows their identity.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 705-522

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 705. Inchoate Crimes

Part III. Criminal Conspiracy

§ 705-522. Conspiracy with multiple criminal objectives


If a person conspires to commit a number of crimes, the person is guilty of only one conspiracy if the multiple crimes are the object of the same agreement or continuous conspiratorial relationship.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 705-523

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 705. Inchoate Crimes

Part III. Criminal Conspiracy

§ 705-523. Immunity, irresponsibility, or incapacity of a party to criminal conspiracy


(1) A person shall not be liable under section 705-520 for criminal conspiracy if under sections 702-224(1) and (2) and 702-225(1) he would not be legally accountable for the conduct of the other person.


(2) It is not a defense to a prosecution under section 705-520 that a person with whom the defendant conspires could not be guilty of committing the crime because:


(a) He is, by definition of the offense, legally incapable in an individual capacity of committing the offense;


(b) He is penally irresponsible or has an immunity to prosecution or conviction for the commission of the crime;


(c) He is unaware of the criminal nature of the conduct in question or of the defendant's criminal intent; or


(d) He does not have the state of mind sufficient for the commission of the offense in question.


(3) It is not a defense to a prosecution under section 705-520 that the defendant is, by definition of the offense, legally incapable in an individual capacity of committing the offense that is the object of the conspiracy.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 705-524

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 705. Inchoate Crimes

Part III. Criminal Conspiracy

§ 705-524. Venue in criminal conspiracy prosecutions


For purposes of determining venue in a prosecution for criminal conspiracy, a criminal conspiracy is committed in any circuit in which the defendant enters into the conspiracy and in any circuit in which the defendant or person with whom the defendant conspires does an overt act.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 705-525

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 705. Inchoate Crimes

Part III. Criminal Conspiracy

§ 705-525. Duration of conspiracy


For purposes of section 701-108, the following apply:


(1) Conspiracy is a continuing course of conduct which terminates when the crime or crimes which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom the defendant conspired.


(2) It is prima facie evidence that the agreement has been abandoned if neither the defendant nor anyone with whom the defendant conspired did any overt act in pursuance of the conspiracy during the applicable period of limitation.


(3) If an individual abandons the agreement, the conspiracy is terminated as to the individual only if and when the individual advises those with whom the individual conspired of the individual's abandonment or the individual informs the law-enforcement authorities of the existence of the conspiracy and of the individual's participation therein.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 705-526

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 705. Inchoate Crimes

Part III. Criminal Conspiracy

§ 705-526. Grading of criminal conspiracy


(1) A conspiracy to commit murder in any degree is a class A felony.


(2) Except as provided in subsection (1), a conspiracy to commit a class A felony is a class B felony.


(3) Except as provided in subsections (1) and (2), conspiracy to commit a crime is an offense of the same class and grade as the most serious offense which is an object of the conspiracy.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1997, ch. 149, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 705-530

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 705. Inchoate Crimes

Part IV. General Provisions Relating to Inchoate Offenses

§ 705-530. Renunciation of attempt, solicitation, or conspiracy; affirmative defense


(1) In a prosecution for criminal attempt, it is an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent, gave timely warning to law-enforcement authorities or otherwise made a reasonable effort to prevent the conduct or result which is the object of the attempt.


(2) In a prosecution for criminal solicitation, it is an affirmative defense that the defendant, under circumstances manifesting a complete and voluntary renunciation of the defendant's criminal intent:


(a) First notified the person solicited of the defendant's renunciation,


(b) Gave timely warning to law-enforcement authorities or otherwise made a reasonable effort to prevent the conduct or result solicited.


(3) In a prosecution for criminal conspiracy, it is an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent, gave timely warning to law-enforcement authorities or otherwise made a reasonable effort to prevent the conduct or result which is the object of the conspiracy.


(4) A renunciation is not “voluntary and complete” within the meaning of this section if it is motivated in whole or in part by:


(a) A belief that circumstances exist which increase the probability of detection or apprehension of the accused or another participant in the criminal enterprise, or which render more difficult the accomplishment of the criminal purpose; or


(b) A decision to postpone the criminal conduct until another time or to transfer the criminal effort to another victim or another but similar objective.


(5) A warning to law-enforcement authorities is not “timely” within the meaning of this section unless the authorities, reasonably acting upon the warning, would have the opportunity to prevent the conduct or result. An effort is not “reasonable” within the meaning of this section unless the defendant, under reasonably foreseeable circumstances, would have prevented the conduct or result.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 705-531

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 705. Inchoate Crimes

Part IV. General Provisions Relating to Inchoate Offenses

§ 705-531. Multiple convictions


A person may not be convicted of more than one offense defined by this chapter for conduct designed to commit or culminate in the commission of the same substantive crime.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS D. 5, T. 37, Ch. 706, Refs & Annos

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-600

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

§ 706-600. Sentence in accordance with this chapter


No sentence shall be imposed otherwise than in accordance with this chapter.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 10.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-600.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

§ 706-600.5. Definitions of terms in this chapter


In this chapter, unless a different meaning plainly is required:


“Day” means a twenty-four-hour period of time.


“Month” means a thirty-day period of time.


“Secure drug treatment facility” means a facility employing security protocols modeled after a minimum-security detention center, including continuous direct supervision.


“Year” means a three hundred sixty-five-day period of time.


CREDIT(S)


Laws 1987, ch. 202, § 1; Laws 2009, Sp. Sess., ch. 4, § 1, eff. July 15, 2009.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-600.6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

[§ 706-600.6]. Time of release


A person imprisoned whose term of imprisonment ends between the hours of 9:00 p.m. to 12:00 midnight, may be released at 9:00 p.m. A person imprisoned whose term of imprisonment ends between the hours of 12:00 midnight to 7:00 a.m. may be released at 9:00 p.m. the day before the person's scheduled release.


CREDIT(S)


Laws 1984, ch. 90, § 1; Laws 1987, ch. 202, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-601

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

§ 706-601. Pre-sentence diagnosis and report


(1) Except as provided in subsections (3) and (4), the court shall order a pre-sentence correctional diagnosis of the defendant and accord due consideration to a written report of the diagnosis before imposing sentence where:


(a) The defendant has been convicted of a felony; or


(b) The defendant is less than twenty-two years of age and has been convicted of a crime.


(2) The court may order a pre-sentence diagnosis in any other case.


(3) With the consent of the court, the requirement of a pre-sentence diagnosis may be waived by agreement of both the defendant and the prosecuting attorney.


(4) The court on its own motion may waive a pre-sentence correctional diagnosis where:


(a) A prior pre-sentence diagnosis was completed within one year preceding the sentencing in the instant case;


(b) The defendant is being sentenced for murder or attempted murder in any degree; or


(c) The sentence was agreed to by the parties and approved by the court under rule 11 of the Hawaii rules of penal procedure.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 11; Laws 1997, ch. 275, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-602

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

§ 706-602. Pre-sentence diagnosis, notice to victims, and report


(1) The pre-sentence diagnosis and report shall be made by personnel assigned to the court or other agency designated by the court and shall include:


(a) An analysis of the circumstances attending the commission of the crime;


(b) The defendant's history of delinquency or criminality, physical and mental condition, family situation and background, economic status and capacity to make restitution or to make reparation to the victim or victims of the defendant's crimes for loss or damage caused thereby, education, occupation, and personal habits;


(c) Information made available by the victim or other source concerning the effect that the crime committed by the defendant has had upon said victim, including but not limited to, any physical or psychological harm or financial loss suffered;


(d) Information concerning defendant's compliance or non-compliance with any order issued under section 806-11; and


(e) Any other matters that the reporting person or agency deems relevant or the court directs to be included.


(2) The court personnel or agency shall give notice of the Crime Victim Compensation Act, the application for compensation procedure, and the possibility of restitution by the defendant to all victims of the convicted defendant's criminal acts.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 179, § 23; Laws 1975, ch. 89, § 1; Laws 1984, ch. 90, § 1; Laws 1990, ch. 256, § 1; Laws 1993, ch. 215, § 5; Laws 1998, ch. 240, § 8; Laws 2012, ch. 51, § 1, eff. July 1, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-603

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

§ 706-603. DNA analysis monetary assessment; DNA registry special fund


(1) In addition to any disposition authorized by chapter 706 or 853, every defendant convicted of a felony offense shall be ordered to pay a monetary assessment of $500 or the actual cost of the DNA analysis, whichever is less. The court may reduce the monetary assessment if the court finds, based on evidence presented by the defendant and not rebutted by the State, that the defendant is not and will not be able to pay the full monetary assessment and, based on the finding, shall instead order the defendant to pay an assessment that the defendant will be able to pay within five years.


(2) Notwithstanding any other law to the contrary, the assessment and penalty provided by this section shall be in addition to, and not in lieu of, and shall not be used to offset or reduce, any fine or restitution authorized or required by law. All assessments and penalties shall be paid into the DNA registry special fund established in subsection (3).


(3) There is established a special fund to be known as the DNA registry special fund which shall be administered by the attorney general. The fund shall consist of:


(a) All assessments and penalties ordered pursuant to subsection (1);


(b) All other moneys received by the fund from any other source; and


(c) Interest earned on any moneys in the fund.


Moneys in the DNA registry special fund shall be used for DNA collection, DNA testing, and related costs of recording, preserving, and disseminating DNA information pursuant to chapter 844D.


(4) Restitution to the victim of a sexual or violent crime shall be made before payment of the monetary assessment.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 179, § 24; Laws 1974, ch. 54, § 4; Laws 1979, ch. 3, § 4; Laws 1979, ch. 105, § 65; Laws 1980, ch. 232, § 37; Laws 1986, ch. 314, § 12; Laws 1987, ch. 145, § 4; Laws 1991, ch. 231, § 2; Laws 1998, ch. 271, § 1; Laws 2001, ch. 157, § 35; Laws 2005, ch. 112, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-604

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

§ 706-604. Opportunity to be heard with respect to sentence; notice of pre-sentence report; opportunity to controvert or supplement; transmission of report to department


(1) Before imposing sentence, the court shall afford a fair opportunity to the defendant to be heard on the issue of the defendant's disposition.


(2) The court shall furnish to the defendant or the defendant's counsel and to the prosecuting attorney a copy of the report of any pre-sentence diagnosis or psychological, psychiatric, or other medical examination and afford fair opportunity, if the defendant or the prosecuting attorney so requests, to controvert or supplement them. The court shall amend or order the amendment of the report upon finding that any correction, modification, or addition is needed and, where appropriate, shall require the prompt preparation of an amended report in which material required to be deleted is completely removed or other amendments, including additions, are made.


(3) In all circuit court cases, the court shall afford a fair opportunity to the victim to be heard on the issue of the defendant's disposition, before imposing sentence. The court, service center, or agency personnel who prepare the pre-sentence diagnosis and report shall inform the victim of the sentencing date and of the victim's opportunity to be heard. In the case of a homicide or where the victim is otherwise unable to appear at the sentencing hearing, the victim's family shall be afforded the fair opportunity to be heard.


(4) If the defendant is sentenced to imprisonment, a copy of the report of any pre-sentence diagnosis or psychological, psychiatric, or other medical examination, which shall incorporate any amendments ordered by the court, shall be transmitted immediately to the department of public safety.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1986, ch. 314, § 13; Laws 1987, ch. 338, § 10; Laws 1988, ch. 305, § 10; Laws 1989, ch. 211, § 8; Laws 1993, ch. 216, § 1; Laws 2006, ch. 230, § 16.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-605

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

§ 706-605. Authorized disposition of convicted defendants


(1) Except as provided in parts II and IV or in section 706-647 and subsections (2), (6), and (7), and subject to the applicable provisions of this Code, the court may sentence a convicted defendant to one or more of the following dispositions:


(a) To be placed on probation as authorized by part II;


(b) To pay a fine as authorized by part III and section 706-624;


(c) To be imprisoned for a term as authorized by part IV; or


(d) To perform services for the community under the supervision of a governmental agency or benevolent or charitable organization or other community service group or appropriate supervisor; provided that the convicted person who performs such services shall not be deemed to be an employee of the governmental agency or assigned work site for any purpose. All persons sentenced to perform community service shall be screened and assessed for appropriate placement by a governmental agency coordinating public service work placement as a condition of sentence.


(2) The court shall not sentence a defendant to probation and imprisonment except as authorized by part II.


(3) In addition to any disposition authorized in subsection (1), the court may sentence a person convicted of a misdemeanor or petty misdemeanor to a suspended sentence.


(4) The court may sentence a person who has been convicted of a violation to any disposition authorized in subsection (1) except imprisonment.


(5) The court shall sentence a corporation or unincorporated association that has been convicted of an offense in accordance with section 706-608.


(6) The court shall impose a compensation fee upon every person convicted of a criminal offense pursuant to section 351-62.6; provided that the court shall waive the imposition of a compensation fee if it finds that the defendant is unable to pay the compensation fee. When a defendant is ordered to make payments in addition to the compensation fee, payments by the defendant shall be made in the following order of priority:


(a) Restitution;


(b) Crime victim compensation fee;


(c) Probation services fee;


(d) Other fees; and


(e) Fines.


(7) The court shall order the defendant to make restitution for losses as provided in section 706-646. In ordering restitution, the court shall not consider the defendant's financial ability to make restitution in determining the amount of restitution to order. The court, however, shall consider the defendant's financial ability to make restitution for the purpose of establishing the time and manner of payment.


(8) This chapter does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. Such a judgment or order may be included in the sentence.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1975, ch. 89, § 2; Laws 1978, ch. 96, § 1; Laws 1980, ch. 93, § 1; Laws 1986, ch. 226, § 1; Laws 1986, ch. 314, § 14; Laws 1990, ch. 100, § 1; Laws 1995, ch. 215, § 1; Laws 1998, ch. 206, § 4; Laws 1998, ch. 240, § 6; Laws 1998, ch. 269, § 4; Laws 2005, ch. 144, § 2; Laws 2006, ch. 230, § 17.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-605.1

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

§ 706-605.1. Intermediate sanctions; eligibility; criteria and conditions


(1) The judiciary shall implement alternative programs that place, control, supervise, and treat selected defendants in lieu of a sentence of incarceration.


(2) Defendants may be considered for sentencing to alternative programs if they:


(a) Have not been convicted of a non-probationable class A felony; and


(b) Have not, within the previous five years, been convicted of a crime involving serious bodily injury or substantial bodily injury as defined by chapter 707.


(3) A defendant may be sentenced by a district, family, or circuit court judge to alternative programs.


(4) As used in this section, “alternative programs” means programs that, from time to time, are created and funded by legislative appropriation or federal grant naming the judiciary or one of its operating agencies as the expending agency and that are intended to provide an alternative to incarceration. Alternative programs may include:


(a) House arrest, or curfew using electronic monitoring and surveillance, or both;


(b) Drug court programs for defendants with assessed alcohol or drug abuse problems, or both;


(c) Therapeutic residential and nonresidential programs, including secure drug treatment facilities;


(d) A program of regimental discipline pursuant to section 706-605.5; and


(e) Similar programs created and designated as alternative programs by the legislature or the administrative director of the courts for qualified defendants who do not pose significant risks to the community.


CREDIT(S)


Laws 1995, Sp. Sess., ch. 25, § 4; Laws 2009, Sp. Sess., ch. 4, § 2, eff. July 15, 2009.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-605.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

[§ 706-605.5]. Program of regimental discipline


(1) The department of public safety is authorized to implement a rigorous offender program based on regimental discipline. Participants shall undergo a regimen of hard work, physical training, intensive counseling, and educational and treatment programs within a highly structured and motivational environment. The program shall be available to defendants and committed persons who:


(a) Have not been convicted of a class A felony;


(b) Are not considered violent;


(c) Are chosen by the director of public safety;


(d) Are in good physical condition;


(e) Have not been previously sentenced to an indeterminate term of imprisonment; and


(f) Are willing to participate in the program.


(2) The court, with the approval of the director of public safety, may order a defendant to satisfactorily complete a program of regimental discipline of not less than ninety days before the court sentences a defendant or as a condition of probation or a deferred acceptance of guilty plea.


(3) If a defendant is ordered to complete a program, the director of public safety shall certify to the court whether the defendant completed the program satisfactorily. If the defendant fails to complete the program satisfactorily as a condition of a deferred acceptance of guilty plea, such a failure shall be considered in accordance with section 853-3. If a defendant fails to complete the program satisfactorily as a condition of probation, such a failure shall be considered in accordance with section 706-625.


CREDIT(S)


Laws 1993, ch. 338, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-606

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

§ 706-606. Factors to be considered in imposing a sentence


The court, in determining the particular sentence to be imposed, shall consider:


(1) The nature and circumstances of the offense and the history and characteristics of the defendant;


(2) The need for the sentence imposed:


(a) To reflect the seriousness of the offense, to promote respect for law, and to provide just punishment for the offense;


(b) To afford adequate deterrence to criminal conduct;


(c) To protect the public from further crimes of the defendant; and


(d) To provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner;


(3) The kinds of sentences available; and


(4) The need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1976, ch. 92, § 8; Laws 1981, ch. 27, § 1; Laws 1986, ch. 314, § 15.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-606.1

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

§ 706-606.1. Repealed by Laws 1986, ch. 314, § 16


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-606.2

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

§ 706-606.2. Special sentencing considerations for arson; other actions not prohibited


(1) In addition to any other penalty imposed, a person convicted of arson involving fire set to brush, grass, vegetation on the land resulting in damage to ten thousand square feet or more of property, may be required to:


(a) Pay any costs associated with extinguishing the fire, which shall include, but are not limited to:


(i) Personnel salary, benefits, and overtime;


(ii) The operation, maintenance, and repair of apparatus, aircraft, and equipment;


(iii) Supplies expended, damaged, or lost; and


(iv) Rehabilitation supplies during fire fighting operations; and


(b) Perform community service work in the region in which the property damage occurred.


With regard to any fine or monetary penalty that may be imposed on a minor convicted or adjudicated for an offense of arson, the parents or legal guardians of the minor shall be liable for the percentage of costs associated with extinguishing the fire based upon the apportionment of fire damage to real or personal property caused by the minor as a result of committing the offense of arson, regardless of whether the property is publicly or privately owned.


(2) Nothing in this section shall prohibit a separate criminal action being brought by the State or a civil action being brought by the State or a third party for conduct that constitutes an offense of arson.


CREDIT(S)


Laws 2006, ch. 182, § 1; Laws 2007, ch. 9, § 18, eff. April 9, 2007; Laws 2007, ch. 11, § 1, eff. April 9, 2007; Laws 2008, ch. 17, § 1, eff. April 16, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-606.3

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

§ 706-606.3. Expedited sentencing program


(1) A person who has committed intra-family sexual assault may be considered for the expedited sentencing program in accordance with this section. As used in this section, “intra-family” sexual assault means any criminal offense of felony sexual assault under section 707-730, 707-731, or 707-732, or incest, as defined in section 707-741, in which the victim of the offense is related to the defendant by consanguinity or marriage, or resides in the same dwelling unit as the defendant, and the victim was, at the time of the sexual assault, under the age of eighteen.


(2) The police department of the county in which the sexual assault took place or any other appropriate investigative law enforcement agency shall confer with the appropriate prosecuting authority. If the prosecuting authority determines that it is appropriate to provide notice of the expedited sentencing program to the defendant, the police department or other appropriate investigative law enforcement agency shall give the defendant written notice of the existence of the expedited sentencing program provided in this section. The notice provision shall not be a prerequisite to questioning the defendant. The notice provision shall not obligate the prosecuting authority to issue a statement of “no objection” when considering the defendant for the expedited sentencing program.


(3) The written notice shall state:


“YOU ARE ADVISED TO SEEK LEGAL COUNSEL IMMEDIATELY. IF YOU CANNOT AFFORD PRIVATE COUNSEL, CONTACT THE OFFICE OF THE PUBLIC DEFENDER. FAILURE TO CONTACT AN ATTORNEY MAY DISQUALIFY YOU FROM THIS PROGRAM. A copy of section 706-606.3, Hawaii Revised Statutes, is attached to this notice. You are under investigation for a felony sexual assault against a minor. Upon completion of this investigation, if there is sufficient basis to believe that you have committed a sexual assault, the case will be referred to the appropriate prosecuting authority for review and possible institution of criminal charges. Hawaii law provides for a range of ordinary prison sentences for felony sexual assault ranging from five years up to twenty years, or life imprisonment, depending upon the offense. However, section 706-606.3, Hawaii Revised Statutes, provides that a person who commits a sexual assault upon a minor but who admits guilt, cooperates with the prosecuting authority, and participates in appropriate assessment and treatment may be considered for the expedited sentencing program. A person who is sentenced in accordance with the expedited sentencing program may be sentenced to a term of probation. Probation may be revoked, however, for failure to comply with the terms of the probation pursuant to section 706-625. To qualify for consideration for the expedited sentencing program, your legal counsel first must request from the office of the prosecuting authority named in this notice a written statement as to whether that office has any objection to your being considered for the expedited sentencing program. THE COURT WILL NOT CONSIDER YOU FOR THE EXPEDITED SENTENCING PROGRAM UNDER SECTION 706-606.3, HAWAII REVISED STATUTES, UNLESS YOUR LEGAL COUNSEL HAS RECEIVED A WRITTEN STATEMENT THAT THE APPROPRIATE PROSECUTING AUTHORITY HAS NO OBJECTION TO YOUR BEING CONSIDERED FOR THE EXPEDITED SENTENCING PROGRAM AND THE REQUEST FOR THAT WRITTEN STATEMENT WAS MADE WITHIN FOURTEEN DAYS OF YOUR RECEIPT OF THIS NOTICE. FURTHER, THE COURT WILL NOT CONSIDER YOU FOR THE EXPEDITED SENTENCING PROGRAM UNDER SECTION 706-606.3, HAWAII REVISED STATUTES, UNLESS, ONCE YOUR LEGAL COUNSEL HAS RECEIVED THIS NOTICE, YOU HAVE MADE A GOOD FAITH EFFORT TO AVOID THE NECESSITY OF THE CHILD BEING REMOVED FROM THE FAMILY HOME, INCLUDING BUT NOT LIMITED TO MOVING AND REMAINING OUT OF THE FAMILY HOME UNTIL OTHERWISE ORDERED BY THE COURT.”


The written notice also shall provide:


(a) Instructions on how to contact the appropriate prosecuting authority, including any necessary addresses and telephone numbers; and


(b) The name of the person delivering the notice and the date it was given to the alleged offender.


(4) A defendant shall not be considered by the court for the expedited sentencing program under this section unless the defendant's legal counsel requests within fourteen days of the defendant's receipt of the written notice, that the defendant be considered for the expedited sentencing program, and defendant's counsel subsequently receives a written statement from the appropriate prosecuting authority stating that it has no objection to the defendant being considered for the expedited sentencing program in accordance with this section. Additionally, each of the following criteria shall be met:


(a) After receiving the required written notice, the defendant made a good faith effort to avoid the necessity of the child being removed from the family home, including but not limited to moving and remaining out of the family home until otherwise ordered by the court;


(b) The victim of the sexual assault was under the age of eighteen when the sexual assault was committed;


(c) The defendant was never previously sentenced under this section and has never been convicted of felony sexual assault under section 707-730, 707-731, or 707-732, or incest under section 707-741;


(d) A guardian ad litem appointed in a family court proceeding, or a person assigned by the Children's Advocacy Center to serve as guardian ad litem, agreed that it would be in the best interest of the child for the defendant to be considered for the expedited sentencing program. No prosecuting authority shall issue a statement of no objection without this prior agreement; and


(e) The defendant has complied with the requirements for consideration for the expedited sentencing program as established in subsection (6); provided that at sentencing the prosecuting authority may oppose the defendant's participation in the expedited sentencing program if the prosecuting authority determines that the defendant has failed to satisfy the criteria under subsection (6).


(5) The prosecuting authority and the child's guardian ad litem may consult with any other appropriate agency or individual to assist in a decision whether to provide a written statement of “no objection” prior to the defendant being considered for sentencing under the expedited sentencing program.


(6) Within seven business days of receipt of the written notice stating that the appropriate prosecuting authority has no objection to the defendant being considered for the expedited sentencing program in accordance with this section, unless the prosecuting authority waives compliance with the time limit, the defendant shall:


(a) Continue to make a good faith effort to avoid the necessity of the child being removed from the family home, including but not limited to moving and remaining out of the family home until otherwise ordered by the court;


(b) Admit to commission of the sexual assault to the police department of the county in which the assault took place or other appropriate investigative law enforcement agency;


(c) Provide to the appropriate prosecuting authority a written waiver of indictment and preliminary hearing for any criminal charges arising from the sexual assault; and


(d) Enter a voluntary plea of guilty to the charge or charges alleged upon or following arraignment.


(7) Notwithstanding sections 706-606.5, 706-620, 706-659, 706-660, and 706-660.2, a defendant considered for the expedited sentencing program under this section when sentence is imposed may be sentenced to a term of probation pursuant to section 706-624; provided that if the defendant is sentenced to a term of imprisonment as a condition of probation, the term of imprisonment may allow for the defendant's retention of employment.


(8) The term of probation under this section shall be as follows:


(a) For an offense under section 707-730 or 707-731, twenty years; and


(b) For an offense under section 707-732 or 707-741, ten years.


(9) In addition to the conditions of probation provided under section 706-624, a sentence under this section shall include that the defendant shall:


(a) Participate in court approved, appropriate sex offender assessment and treatment that shall conform to the guidelines developed by the adult probation division of the appropriate circuit court, until clinically discharged; provided that:


(i) The prosecuting authority shall be provided notice and the opportunity for a hearing prior to any authorization for treatment discontinuance by the court or the adult probation division;


(ii) The defendant shall pay for the cost of the assessment and treatment to the extent that the defendant has the ability to do so; and


(iii) A lack of assessment and treatment resources shall result in the defendant not being considered for the expedited sentencing program;


(b) Provide a written waiver of confidentiality for any assessment, treatment, counseling, therapy, or other program ordered as a condition of probation;


(c) Comply with all orders entered in a proceeding pursuant to chapter 587A; and


(d) Comply with other condition deemed by the court to be reasonably necessary for the protection of the victim of the sexual assault or the rehabilitation of the defendant.


(10) There shall be a rebuttable presumption in favor of the court imposing a sentence in accordance with this section when a defendant qualifies for the expedited sentencing program, and written notice of “no objection” is issued by the prosecuting authority. The court shall provide written findings of fact setting forth specific reasons justifying imposition of a sentence that is not in accordance with this section.


CREDIT(S)


Laws 1993, ch. 316, § 1; Laws 2001, ch. 127, § 2; Laws 2010, ch. 135, § 7, eff. Sept. 1, 2010.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-606.4

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

§ 706-606.4. Sentencing in offenses involving abuse of a family or household member committed in the presence of a minor


(1) In addition to the factors considered under section 706-606, the court shall consider the following aggravating factors in determining the particular sentence to be imposed:


(a) The defendant has been convicted of committing or attempting to commit an offense involving abuse of a family or household member;


(b) The defendant is or has been a family or household member of either a minor referred to in paragraph (c) or the victim of the offense; and


(c) The offense contemporaneously occurred in the presence of a minor.


(2) As used in this section:


“Family or household member” has the same meaning as defined in section 709-906.


“In the presence of a minor” means in the actual physical presence of a child or knowing that a child is present and may hear or see the offense.


“Offense” means a violation of section 707-710 (assault in the first degree), 707-711 (assault in the second degree), 707-730 (sexual assault in the first degree), 707-731 (sexual assault in the second degree), 707-732 (sexual assault in the third degree), or 709-906 (abuse of family or household members).


CREDIT(S)


Laws 1999, ch. 268, § 2; Laws 2003, ch. 3, § 16.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-606.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

§ 706-606.5. Sentencing of repeat offenders


(1) Notwithstanding section 706-669 and any other law to the contrary, any person convicted of murder in the second degree, any class A felony, any class B felony, or any of the following class C felonies: section 188-23 relating to possession or use of explosives, electrofishing devices, and poisonous substances in state waters; section 386-98(d)(1) relating to fraud violations and penalties; section 431:2-403(b)(2) relating to insurance fraud; section 707-703 relating to negligent homicide in the second degree; section 707-711 relating to assault in the second degree; section 707-713 relating to reckless endangering in the first degree; section 707-716 relating to terroristic threatening in the first degree; section 707-721 relating to unlawful imprisonment in the first degree; section 707-732 relating to sexual assault or rape in the third degree; section 707-752 relating to promoting child abuse in the third degree; section 707-757 relating to electronic enticement of a child in the second degree; section 707-766 relating to extortion in the second degree; section 708-811 relating to burglary in the second degree; section 708-821 relating to criminal property damage in the second degree; section 708-831 relating to theft in the first degree as amended by Act 68, Session Laws of Hawaii 1981; section 708-831 relating to theft in the second degree; section 708-835.5 relating to theft of livestock; section 708-836 relating to unauthorized control of propelled vehicle; section 708-839.8 relating to identity theft in the third degree; section 708-839.55 relating to unauthorized possession of confidential personal information; section 708-852 relating to forgery in the second degree; section 708-854 relating to criminal possession of a forgery device; section 708-875 relating to trademark counterfeiting; section 710-1071 relating to intimidating a witness; section 711-1103 relating to riot; section 712-1203 relating to promoting prostitution in the second degree; section 712-1221 relating to gambling in the first degree; section 712-1224 relating to possession of gambling records in the first degree; section 712-1243 relating to promoting a dangerous drug in the third degree; section 712-1247 relating to promoting a detrimental drug in the first degree; section 846E-9 relating to failure to comply with covered offender registration requirements; section 134-7 relating to ownership or possession of firearms or ammunition by persons convicted of certain crimes; section 134-8 relating to ownership, etc., of prohibited weapons; section 134-9 relating to permits to carry, or who is convicted of attempting to commit murder in the second degree, any class A felony, any class B felony, or any of the class C felony offenses enumerated above and who has a prior conviction or prior convictions for the following felonies, including an attempt to commit the same: murder, murder in the first or second degree, a class A felony, a class B felony, any of the class C felony offenses enumerated above, or any felony conviction of another jurisdiction, shall be sentenced to a mandatory minimum period of imprisonment without possibility of parole during such period as follows:


(a) One prior felony conviction:


(i) Where the instant conviction is for murder in the second degree or attempted murder in the second degree--ten years;


(ii) Where the instant conviction is for a class A felony--six years, eight months;


(iii) Where the instant conviction is for a class B felony--three years, four months; and


(iv) Where the instant conviction is for a class C felony offense enumerated above--one year, eight months;


(b) Two prior felony convictions:


(i) Where the instant conviction is for murder in the second degree or attempted murder in the second degree--twenty years;


(ii) Where the instant conviction is for a class A felony--thirteen years, four months;


(iii) Where the instant conviction is for a class B felony--six years, eight months; and


(iv) Where the instant conviction is for a class C felony offense enumerated above--three years, four months;


(c) Three or more prior felony convictions:


(i) Where the instant conviction is for murder in the second degree or attempted murder in the second degree--thirty years;


(ii) Where the instant conviction is for a class A felony--twenty years;


(iii) Where the instant conviction is for a class B felony--ten years; and


(iv) Where the instant conviction is for a class C felony offense enumerated above--five years.


(2) Except as in subsection (3), a person shall not be sentenced to a mandatory minimum period of imprisonment under this section unless the instant felony offense was committed during such period as follows:


(a) Within twenty years after a prior felony conviction where the prior felony conviction was for murder in the first degree or attempted murder in the first degree;


(b) Within twenty years after a prior felony conviction where the prior felony conviction was for murder in the second degree or attempted murder in the second degree;


(c) Within twenty years after a prior felony conviction where the prior felony conviction was for a class A felony;


(d) Within ten years after a prior felony conviction where the prior felony conviction was for a class B felony;


(e) Within five years after a prior felony conviction where the prior felony conviction was for a class C felony offense enumerated above;


(f) Within the maximum term of imprisonment possible after a prior felony conviction of another jurisdiction.


(3) If a person was sentenced for a prior felony conviction to a special term under section 706-667, then the person shall not be sentenced to a mandatory minimum period of imprisonment under this section unless the instant felony offense was committed during such period as follows:


(a) Within eight years after a prior felony conviction where the prior felony conviction was for a class A felony;


(b) Within five years after the prior felony conviction where the prior felony conviction was for a class B felony;


(c) Within four years after the prior felony conviction where the prior felony conviction was for a class C felony offense enumerated above.


(4) Notwithstanding any other law to the contrary, any person convicted of any of the following misdemeanor offenses:


(a) Section 707-712 relating to assault in the third degree;


(b) Section 707-717 relating to terroristic threatening in the second degree;


(c) Section 707-733 relating to sexual assault in the fourth degree;


(d) Section 708-822 relating to criminal property damage in the third degree;


(e) Section 708-832 relating to theft in the third degree; and


(f) Section 708-833.5(2) relating to misdemeanor shoplifting,


and who has been convicted of any of the offenses enumerated above on at least three prior and separate occasions within three years of the date of the commission of the present offense, shall be sentenced to no less than nine months of imprisonment. Whenever a court sentences a defendant under this subsection for an offense under section 707-733, the court shall order the defendant to participate in a sex offender assessment and, if recommended based on the assessment, participate in the sex offender treatment program established by chapter 353E.


(5) The sentencing court may impose the above sentences consecutive to any sentence imposed on the defendant for a prior conviction, but such sentence shall be imposed concurrent to the sentence imposed for the instant conviction. The court may impose a lesser mandatory minimum period of imprisonment without possibility of parole than that mandated by this section where the court finds that strong mitigating circumstances warrant such action. Strong mitigating circumstances shall include, but shall not be limited to the provisions of section 706-621. The court shall provide a written opinion stating its reasons for imposing the lesser sentence.


(6) A person who is imprisoned in a correctional institution pursuant to subsection (1) shall not be paroled prior to the expiration of the mandatory minimum term of imprisonment imposed pursuant to subsection (1).


(7) For purposes of this section:


(a) Convictions under two or more counts of an indictment or complaint shall be considered a single conviction without regard to when the convictions occur;


(b) A prior conviction in this or another jurisdiction shall be deemed a felony conviction if it was punishable by a sentence of death or of imprisonment in excess of one year; and


(c) A conviction occurs on the date judgment is entered.


CREDIT(S)


Laws 1976, ch. 181, § 1; Laws 1979, ch. 98, § 1; Laws 1980, ch. 284, § 1; Laws 1981, ch. 69, § 1; Laws 1986, ch. 314, § 17; Laws 1987, ch. 181, § 3; Laws 1990, ch. 28, § 2; Laws 1996, ch. 87, § 1; Laws 1997, ch. 277, § 2; Laws 1999, ch. 195, § 10; Laws 1999, ch. 244, § 1; Laws 2006, ch. 80, § 1; Laws 2006, ch. 139, § 4; Laws 2007, ch. 49, § 2, eff. July 1, 2007; Laws 2008, ch. 80, § 2, eff. May 16, 2008; Laws 2009, ch. 149, § 6, eff. July 1, 2009.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-606.6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

§ 706-606.6. Repeat violent and sexual offender; enhanced sentence


(1) Notwithstanding any other provision of law to the contrary, any person who is convicted of an offense under section 707-701.5, 707-702, 707-730, 707-731, 707-732, 707-733.6, 707-750, or 708-840, after having been convicted on at least three prior and separate occasions of an offense under section 707-701.5, 707-702, 707-710, 707-711, 707-730, 707-731, 707-732, 707-733.6, 707-750, or 708-840, or of an offense under federal law or the laws of another state that is comparable to an offense under section 707-701.5, 707-702, 707-710, 707-711, 707-730, 707-731, 707-732, 707-733.6, 707-750, or 708-840, shall be sentenced to an extended term of imprisonment as provided in section 706-661.


(2) A conviction shall not be considered a prior offense unless the conviction occurred within the following time periods:


(a) For an offense under section 707-701.5, 707-702, 707-730, 707-733.6, 707-750, or 708-840, within the past twenty years from the date of the instant offense;


(b) For an offense under section 707-710 or 707-731, within the past ten years from the date of the instant offense;


(c) For an offense under section 707-711 or 707-732, within the past five years from the date of the instant offense; or


(d) For an offense under federal law or the laws of another state that is comparable to an offense under section 707-701.5, 707-702, 707-710, 707-711, 707-730, 707-731, 707-732, 707-733.6, 707-750, or 708-840, within the maximum term of imprisonment possible under the appropriate jurisdiction.


CREDIT(S)


Laws 1999, ch. 286, § 1; Laws 2006, ch. 60, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-607

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

§ 706-607. Civil commitment in lieu of prosecution or of sentence


(1) When a person prosecuted for a class C felony, misdemeanor, or petty misdemeanor is a chronic alcoholic, narcotic addict, or person suffering from mental abnormality and the person is subject by law to involuntary hospitalization for medical, psychiatric, or other rehabilitative treatment, the court may order such hospitalization and dismiss the prosecution. The order of involuntary hospitalization may be made after conviction, in which event the court may set aside the verdict or judgment of conviction and dismiss the prosecution.


(2) The court shall not make an order under subsection (1) unless it is of the view that it will substantially further the rehabilitation of the defendant and will not jeopardize the protection of the public.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-608

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

§ 706-608. Penalties against corporations and unincorporated associations; forfeiture of corporate charter or revocation of certificate authorizing foreign corporation to do business in the State


(1) The court may sentence a corporation or an unincorporated association which has been convicted of an offense to be placed on probation as authorized by part II of this chapter or to be fined as authorized by part III of this chapter.


(2) When a corporation is convicted of a crime or a high managerial agent of a corporation, as defined in section 702-229(3), is convicted of a crime committed in the conduct of the affairs of the corporation, the court, in sentencing the corporation or the agent, may order the charter of a corporation organized under the laws of this State forfeited or the certificate of a foreign corporation authorizing it to do business in this State revoked upon finding:


(a) That the board of directors or a high managerial agent acting in behalf of the corporation has, in conducting the corporation's affairs, intentionally engaged in a persistent course of criminal conduct, and


(b) That for the prevention of future criminal conduct of the same character, the public interest requires the charter of the corporation to be forfeited and the corporation to be dissolved or the certificate to be revoked.


(3) The proceedings authorized by subsection (2) shall be conducted in accordance with the procedures authorized by law for the involuntary dissolution of a corporation or the revocation of the certificate authorizing a foreign corporation to conduct business in this State. Such proceedings shall be deemed additional to any other proceedings authorized by law for the purpose of forfeiting the charter of a corporation or revoking the certificate of a foreign corporation.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 18.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-609

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

§ 706-609. Resentence for the same offense or for offense based on the same conduct not to be more severe than prior sentence


When a conviction or sentence is set aside on direct or collateral attack, the court shall not impose a new sentence for the same offense, or for a different offense based on the same conduct, which is more severe than the prior sentence.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-610

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part I. Pre-Sentence Investigation and Report, Authorized Disposition, and Classes of Felonies

§ 706-610. Classes of felonies


(1) Apart from first and second degree murder and attempted first and second degree murder, felonies defined by this Code are classified, for the purpose of sentence, into three classes, as follows:


(a) Class A felonies;


(b) Class B felonies; and


(c) Class C felonies.


A felony is a class A, class B, or class C felony when it is so designated by this Code. Except for first and second degree murder and attempted first and second degree murder, a crime declared to be a felony, without specification of class, is a class C felony.


(2) A felony defined by any statute of this State other than this Code shall constitute for the purpose of sentence a class C felony, except if another provision of law specifically defines a felony to be of a specified class as defined by this Code, such felony shall be treated for the purpose of sentence as provided by this chapter for that class of felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 19; Laws 1987, ch. 181, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-620

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part II. Probation

§ 706-620. Authority to withhold sentence of imprisonment


A defendant who has been convicted of a crime may be sentenced to a term of probation unless:


(1) The crime is first or second degree murder or attempted first or second degree murder;


(2) The crime is a class A felony, except class A felonies defined in chapter 712, part IV, and by section 707-702;


(3) The defendant is a repeat offender under section 706-606.5;


(4) The defendant is a felony firearm offender as defined in section 706-660.1(2); or


(5) The crime involved the death of or the infliction of serious or substantial bodily injury upon a child, an elder person, or a handicapped person under section 706-660.2.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 21; Laws 1988, ch. 89, § 2; Laws 1990, ch. 67, § 8; Laws 1994, ch. 229, § 1; Laws 1996, ch. 197, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-621

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part II. Probation

§ 706-621. Factors to be considered in imposing a term of probation


The court, in determining whether to impose a term of probation, shall consider:


(1) The factors set forth in section 706-606 to the extent that they are applicable;


(2) The following factors, to be accorded weight in favor of withholding a sentence of imprisonment:


(a) The defendant's criminal conduct neither caused nor threatened serious harm;


(b) The defendant acted under a strong provocation;


(c) There were substantial grounds tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense;


(d) The victim of the defendant's criminal conduct induced or facilitated its commission;


(e) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime;


(f) The defendant's criminal conduct was the result of circumstances unlikely to recur;


(g) The character and attitudes of the defendant indicate that the defendant is unlikely to commit another crime;


(h) The defendant is particularly likely to respond affirmatively to a program of restitution or a probationary program or both;


(i) The imprisonment of the defendant would entail excessive hardship to the defendant or the defendant's dependents; and


(j) The expedited sentencing program set forth in section 706-606.3, if the defendant has qualified for that sentencing program.


CREDIT(S)


Laws 1972, ch 9, § 1; Laws 1980, ch 165, § 1; Laws 1986, ch. 90, § 1; Laws 1986, ch. 314, § 22; Laws 1993, ch. 316, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-622

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part II. Probation

§ 706-622. Requirement of probation; exception


When a person who has been convicted of a felony is not sentenced to imprisonment, the court shall place the person on probation. Nothing in this part shall prohibit the court from suspending any sentence imposed upon persons convicted of a crime other than a felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1986, ch. 314, § 23.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-622.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part II. Probation

§ 706-622.5. Sentencing for drug offenders; expungement


(1) Notwithstanding section 706-620(3), a person convicted for the first or second time for any offense under section 329-43.5 involving the possession or use of drug paraphernalia or any felony offense under part IV of chapter 712 involving the possession or use of any dangerous drug, detrimental drug, harmful drug, intoxicating compound, marijuana, or marijuana concentrate, as defined in section 712-1240, but not including any offense under part IV of chapter 712 involving the distribution or manufacture of any such drugs or substances and not including any methamphetamine trafficking offenses under sections 712-1240.7 and 712-1240.8, is eligible to be sentenced to probation under subsection (2) if the person meets the following criteria:


(a) The court has determined that the person is nonviolent after reviewing the person's criminal history, the factual circumstances of the offense for which the person is being sentenced, and any other relevant information;


(b) The person has been assessed by a certified substance abuse counselor to be in need of substance abuse treatment due to dependency or abuse under the applicable Diagnostic and Statistical Manual and Addiction Severity Index; and


(c) Except for those persons directed to substance abuse treatment under the supervision of the drug court, the person presents a proposal to receive substance abuse treatment in accordance with the treatment plan prepared by a certified substance abuse counselor through a substance abuse treatment program that includes an identified source of payment for the treatment program.


(2) A person eligible under subsection (1) may be sentenced to probation to undergo and complete a substance abuse treatment program if the court determines that the person can benefit from substance abuse treatment and, notwithstanding that the person would be subject to sentencing as a repeat offender under section 706-606.5, the person should not be incarcerated to protect the public. If the person fails to complete the substance abuse treatment program and the court determines that the person cannot benefit from any other suitable substance abuse treatment program, the person shall be subject to sentencing under the applicable section under this part. As a condition of probation under this subsection, the court may direct the person to undergo and complete substance abuse treatment under the supervision of the drug court if the person has a history of relapse in treatment programs. The court may require other terms and conditions of probation, including requiring that the person contribute to the cost of the substance abuse treatment program, comply with deadlines for entering into the substance abuse treatment program, and reside in a secure drug treatment facility.


(3) For the purposes of this section, “substance abuse treatment program” means drug or substance abuse treatment services provided outside a correctional facility by a public, private, or nonprofit entity that specializes in treating persons who are diagnosed with having substance abuse or dependency and preferably employs licensed professionals or certified substance abuse counselors.


(4) The court, upon written application from a person sentenced under this part, shall issue a court order to expunge the record of conviction for that particular offense; provided that a person has successfully completed the substance abuse treatment program and complied with other terms and conditions of probation. A person sentenced to probation under this section who has not previously been sentenced under this section shall be eligible for one time only for expungement under this subsection.


(5) Nothing in this section shall be construed to give rise to a cause of action against the State, a state employee, or a treatment provider.


CREDIT(S)


Laws 2002, ch. 161, § 3; Laws 2004, ch. 44, § 11; Laws 2006, ch. 230, § 18; Laws 2009, Sp. Sess., ch. 4, § 3, eff. July 15, 2009; Laws 2012, ch. 140, § 2, eff. June 21, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-622.8

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part II. Probation

[§ 706-622.8]. First-time drug offender prior to 2004; probation; expungement


A person sentenced prior to July 1, 2004, for a first-time drug offense, pursuant to section 706-622.5, and who otherwise meets all the requirements of section 706-622.5, may apply to the court for expungement of the record of conviction for the drug offense. The court shall issue a court order to expunge the record of conviction for the drug offense; provided the person has successfully completed a substance abuse treatment program and has complied with the other terms and conditions set by the court. A person granted an expungement of conviction under this section or section 706-622.5(4) shall not be eligible for another expungement of conviction under this section or section 706-622.5.


CREDIT(S)


Laws 2006, ch. 58, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-622.9

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part II. Probation

§ 706-622.9. Sentencing for first-time property offenders; expungement


(1) Notwithstanding section 706-620(3), a person convicted for the first time of any class C felony property offense under chapter 708 who has not previously been sentenced under section 706-606.5, section 706-622.5, or this section is eligible to be sentenced to probation under subsection (2) if the person meets the following criteria:


(a) The court has determined that the person is nonviolent after reviewing the person's criminal history, the factual circumstances of the offense for which the person is being sentenced, and any other relevant information;


(b) The person has been assessed by a certified substance abuse counselor to be in need of substance abuse treatment due to dependency or abuse under the applicable Diagnostic and Statistical Manual and Addiction Severity Index;


(c) The court has determined that the offense for which the person is being sentenced is related to the person's substance abuse dependency or addiction;


(d) The court has determined that the person is genuinely motivated to obtain and maintain substance abuse treatment, based upon consideration of the person's history, including whether substance abuse treatment has previously been afforded to the person, and an appraisal of the person's current circumstances and attitude; and


(e) Except for those persons directed to substance abuse treatment under the supervision of the drug court, the person presents a proposal to receive substance abuse treatment in accordance with the treatment plan prepared by a certified substance abuse counselor through a substance abuse treatment program that includes an identified source of payment for the treatment program.


(2) A person eligible under subsection (1) may be sentenced to probation to undergo and complete a substance abuse treatment program if the court determines that the person can benefit from substance abuse treatment and, notwithstanding that the person would be subject to sentencing as a repeat offender under section 706-606.5, the person should not be incarcerated to protect the public. If the person fails to complete the substance abuse treatment program and the court determines that the person cannot benefit from any other suitable substance abuse treatment program, the person shall be sentenced as provided in this part. As a condition of probation under this subsection, the court may direct the person to undergo and complete substance abuse treatment under the supervision of the drug court if the person has a history or relapse in treatment programs. The court may require other terms and conditions of probation, including requiring that the person contribute to the cost of the substance abuse treatment program, comply with deadlines for entering into the substance abuse treatment program, and reside in a secure drug treatment facility.


(3) The court, upon written application from a person sentenced under this part, shall issue a court order to expunge the record of conviction for that particular offense; provided that a person has successfully completed the substance abuse treatment program and complied with other terms and conditions of probation. A person sentenced to probation under this section shall be eligible for expungement under this subsection only if the person has not been previously convicted of a felony offense in this or another jurisdiction.


(4) Nothing in this section shall be construed to give rise to a cause of action against the State, a state employee, or a treatment provider.


(5) For the purposes of this section, “substance abuse treatment program” means drug or substance abuse treatment services provided outside a correctional facility by a public, private, or nonprofit entity that specializes in treating persons who are diagnosed with having substance abuse or dependency and preferably employs licensed professionals or certified substance abuse counselors.


CREDIT(S)


Laws 2006, ch. 230, § 1; Laws 2009, Sp. Sess., ch. 4, § 4, eff. July 15, 2009.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-623

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part II. Probation

§ 706-623. Terms of probation


(1) When the court has sentenced a defendant to be placed on probation, the period of probation shall be as follows, unless the court enters the reason therefor on the record and sentences the defendant to a shorter period of probation:


(a) Ten years upon conviction of a class A felony;


(b) Five years upon conviction of a class B or class C felony under part II, V, or VI of chapter 707, chapter 709, and part I of chapter 712 and four years upon conviction of any other class B or C felony;


(c) One year upon conviction of a misdemeanor; except that upon a conviction under section 586-4, 586-11, or 709-906, the court may sentence the defendant to a period of probation not exceeding two years; or


(d) Six months upon conviction of a petty misdemeanor; provided that up to one year may be imposed upon a finding of good cause.


The court, on application of a probation officer, on application of the defendant, or on its own motion, may discharge the defendant at any time. Prior to the court granting early discharge, the defendant's probation officer shall be required to report to the court concerning the defendant's compliance or non-compliance with the conditions of the defendant's probation and the court shall afford the prosecuting attorney an opportunity to be heard. The terms of probation provided in this part, other than in this section, shall not apply to sentences of probation imposed under section 706-606.3.


(2) When a defendant who is sentenced to probation has previously been detained in any state or county correctional or other institution following arrest for the crime for which sentence is imposed, the period of detention following arrest shall be deducted from the term of imprisonment if the term is given as a condition of probation. The pre-sentence report shall contain a certificate showing the length of such detention of the defendant prior to sentence in any state or county correctional or other institution, and the certificate shall be annexed to the official records of the defendant's sentence.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 24; Laws 1989, ch. 124, § 1; Laws 1993, ch. 316, § 3; Laws 1994, ch. 229, § 2; Laws 1998, ch. 172, § 7; Laws 2006, ch. 230, § 19; Laws 2009, ch. 88, § 8, eff. Jan. 1, 2011; Laws 2010, ch. 166, § 21, eff. Jan. 1, 2011; Laws 2012, ch. 140, § 3, eff. Jan. 1, 2013; Laws 2012, ch. 143, § 1, eff. July 1, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-624

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part II. Probation

§ 706-624. Conditions of probation


(1) Mandatory conditions. The court shall provide, as an explicit condition of a sentence of probation:


(a) That the defendant not commit another federal or state crime or engage in criminal conduct in any foreign jurisdiction or under military jurisdiction that would constitute a crime under Hawaii law during the term of probation;


(b) That the defendant report to a probation officer as directed by the court or the probation officer;


(c) That the defendant remain within the jurisdiction of the court, unless granted permission to leave by the court or a probation officer;


(d) That the defendant notify a probation officer prior to any change in address or employment;


(e) That the defendant notify a probation officer promptly if arrested or questioned by a law enforcement officer;


(f) That the defendant permit a probation officer to visit the defendant at the defendant's home or elsewhere as specified by the court; and


(g) That the defendant make restitution for losses suffered by the victim or victims if the court has ordered restitution pursuant to section 706-646.


(2) Discretionary conditions. The court may provide, as further conditions of a sentence of probation, to the extent that the conditions are reasonably related to the factors set forth in section 706-606 and to the extent that the conditions involve only deprivations of liberty or property as are reasonably necessary for the purposes indicated in section 706-606(2), that the defendant:


(a) Serve a term of imprisonment to be determined by the court at sentencing in class A felony cases under section 707-702, not exceeding two years in class A felony cases under part IV of chapter 712, not exceeding eighteen months in class B felony cases, not exceeding one year in class C felony cases, not exceeding six months in misdemeanor cases, and not exceeding five days in petty misdemeanor cases; provided that notwithstanding any other provision of law, any order of imprisonment under this subsection that provides for prison work release shall require the defendant to pay thirty per cent of the defendant's gross pay earned during the prison work release period to satisfy any restitution order. The payment shall be handled by the adult probation division and shall be paid to the victim on a monthly basis;


(b) Perform a specified number of hours of services to the community as described in section 706-605(1)(d);


(c) Support the defendant's dependents and meet other family responsibilities;


(d) Pay a fine imposed pursuant to section 706-605(1)(b);


(e) Work conscientiously at suitable employment or pursue conscientiously a course of study or vocational training that will equip the defendant for suitable employment;


(f) Refrain from engaging in a specified occupation, business, or profession bearing a reasonably direct relationship to the conduct constituting the crime or engage in the specified occupation, business, or profession only to a stated degree or under stated circumstances;


(g) Refrain from frequenting specified kinds of places or from associating unnecessarily with specified persons, including the victim of the crime, any witnesses, regardless of whether they actually testified in the prosecution, law enforcement officers, co-defendants, or other individuals with whom contact may adversely affect the rehabilitation or reformation of the person convicted;


(h) Refrain from use of alcohol or any use of narcotic drugs or controlled substances without a prescription;


(i) Refrain from possessing a firearm, ammunition, destructive device, or other dangerous weapon;


(j) Undergo available medical or mental health treatment, including treatment for substance abuse dependency, and remain in a specified facility if required for that purpose;


(k) Reside in a specified place or area or refrain from residing in a specified place or area;


(l) Submit to periodic urinalysis or other similar testing procedure;


(m) Refrain from entering specified geographical areas without the court's permission;


(n) Refrain from leaving the person's dwelling place except to go to and from the person's place of employment, the office of the person's physician or dentist, the probation office, or any other location as may be approved by the person's probation officer pursuant to court order. As used in this paragraph, “dwelling place” includes the person's yard or, in the case of condominiums, the common elements;


(o) Comply with a specified curfew;


(p) Submit to monitoring by an electronic monitoring device; or


(q) Satisfy other reasonable conditions as the court may impose.


(3) Written statement of conditions. The court shall order the defendant at the time of sentencing to sign a written acknowledgment of receipt of conditions of probation. The defendant shall be given a written copy of any requirements imposed pursuant to this section, stated with sufficient specificity to enable the defendant to comply with the conditions accordingly.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 136, § 5; Laws 1978, ch. 224, § 1; Laws 1984, ch. 257, § 2; Laws 1986, ch. 314, § 25; Laws 1987, ch. 262, § 1; Laws 1989, ch. 48, § 1; Laws 2006, ch. 230, § 20; Laws 2012, ch. 292, § 3, eff. July 9, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-624.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part II. Probation

§ 706-624.5. Notice of probation


(1) Whenever the court places a defendant convicted of an offense against the person as described in chapter 707, or of an attempt to commit such an offense on probation without requiring the serving of a term of imprisonment, the court shall provide written notice to each victim of such offense of the probation, whenever the victim has made a written request for such notice. Notice shall be given to the victim at the address given on the request for notice or such other address as may be provided to the court by the victim from time to time.


(2) Neither the failure of any state officer or employee to carry out the requirements of this section nor compliance with it shall subject the State or the officer or employee to liability in any civil action. However, such failure may provide a basis for such disciplinary action as may be deemed appropriate by competent authority.


CREDIT(S)


Laws 1983, ch. 184, § 2(1); Laws 1986, ch. 314, § 26.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-625

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part II. Probation

§ 706-625. Revocation, modification of probation conditions


(1) The court, on application of a probation officer, the prosecuting attorney, the defendant, or on its own motion, after a hearing, may revoke probation except as provided in subsection (7), reduce or enlarge the conditions of a sentence of probation, pursuant to the provisions applicable to the initial setting of the conditions and the provisions of section 706-627.


(2) The prosecuting attorney, the defendant's probation officer, and the defendant shall be notified by the movant in writing of the time, place, and date of any such hearing, and of the grounds upon which action under this section is proposed. The prosecuting attorney, the defendant's probation officer, and the defendant may appear in the hearing to oppose or support the application, and may submit evidence for the court's consideration. The defendant shall have the right to be represented by counsel. For purposes of this section the court shall not be bound by the Hawaii rules of evidence, except for the rules pertaining to privileges.


(3) The court shall revoke probation if the defendant has inexcusably failed to comply with a substantial requirement imposed as a condition of the order or has been convicted of a felony. The court may revoke the suspension of sentence or probation if the defendant has been convicted of another crime other than a felony.


(4) The court may modify the requirements imposed on the defendant or impose further requirements, if it finds that such action will assist the defendant in leading a law-abiding life.


(5) When the court revokes probation, it may impose on the defendant any sentence that might have been imposed originally for the crime of which the defendant was convicted.


(6) As used in this section, “conviction” means that a judgment has been pronounced upon the verdict.


(7) The court may require a defendant to undergo and complete a substance abuse treatment program when the defendant has committed a violation of the terms and conditions of probation involving possession or use, not including to distribute or manufacture as defined in section 712-1240, of any dangerous drug, detrimental drug, harmful drug, intoxicating compound, marijuana, or marijuana concentrate, as defined in section 712-1240, unlawful methamphetamine trafficking as provided in section 712-1240.6, or involving possession or use of drug paraphernalia under section 329-43.5. If the defendant fails to complete the substance abuse treatment program or the court determines that the defendant cannot benefit from any other suitable substance abuse treatment program, the defendant shall be subject to revocation of probation and incarceration. The court may require the defendant to:


(a) Be assessed by a certified substance abuse counselor for substance abuse dependency or abuse under the applicable Diagnostic and Statistical Manual and Addiction Severity Index;


(b) Present a proposal to receive substance abuse treatment in accordance with the treatment plan prepared by a certified substance abuse counselor through a substance abuse treatment program that includes an identified source of payment for the treatment program;


(c) Contribute to the cost of the substance abuse treatment program; and


(d) Comply with any other terms and conditions of probation.


As used in this subsection, “substance abuse treatment program” means drug or substance abuse treatment services provided outside a correctional facility by a public, private, or nonprofit entity that specializes in treating persons who are diagnosed with substance abuse or dependency and preferably employs licensed professionals or certified substance abuse counselors.


Nothing in this subsection shall be construed to give rise to a cause of action against the State, a state employee, or a treatment provider.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1985, ch. 192, § 1; Laws 1986, ch. 314, § 27; Laws 1989, ch. 45, § 1; Laws 1994, ch. 5, § 6; Laws 2002, ch. 161, § 5; Laws 2004, ch. 44, § 12.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-626

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part II. Probation

§ 706-626. Summons or arrest of defendant on probation; commitment without bail


At any time before the discharge of the defendant or the termination of the period of probation:


(1) The court may, in connection with the probation, summon the defendant to appear before it or may issue a warrant for the defendant's arrest;


(2) A probation or law enforcement officer, having probable cause to believe that the defendant has failed to comply with a requirement imposed as a condition of the order, may arrest the defendant without a warrant and the defendant shall be held in custody pending the posting of bail pursuant to a bail schedule established by the court, or until a hearing date is set; provided that when the punishment for the original offense does not exceed one year, the probation or law enforcement officer may admit the probationer to bail; or


(3) The court, if there is probable cause to believe that the defendant has committed another crime or has been held to answer therefor, may commit the defendant without bail, pending a determination of the charge by the court having jurisdiction thereof.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 28; Laws 1989, ch. 125, § 1; Laws 2001, ch. 24, § 1; Laws 2001, ch. 91, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-627

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part II. Probation

§ 706-627. Tolling of probation


(1) Upon the filing of a motion to revoke a probation or a motion to enlarge the conditions imposed thereby, the period of probation shall be tolled pending the hearing upon the motion and the decision of the court. The period of tolling shall be computed from the filing date of the motion through and including the filing date of the written decision of the court concerning the motion for purposes of computation of the remaining period of probation, if any. In the event the court fails to file a written decision upon the motion, the period shall be computed by reference to the date the court makes a decision upon the motion in open court. During the period of tolling of the probation, the defendant shall remain subject to all terms and conditions of the probation except as otherwise provided by this chapter.


(2) In the event the court, following hearing, refuses to revoke the probation or grant the requested enlargement of conditions thereof because the defendant's failure to comply therewith was excusable, the defendant may be granted the period of tolling of the probation for purposes of computation of the remaining probation, if any.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1977, ch. 106, § 1; Laws 1980, ch. 156, § 1; Laws 1985, ch. 192, § 2; Laws 1986, ch. 314, § 29.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-628

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part II. Probation

§ 706-628. Repealed by Laws 1985, ch. 192, § 3


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-629

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part II. Probation

§ 706-629. Calculation of multiple dispositions involving probation and imprisonment, or multiple terms of probation


(1) When the disposition of a defendant involves more than one crime:


(a) The court shall not impose a sentence of probation and a sentence of imprisonment except as authorized by section 706-624(2)(a); and


(b) Multiple periods of probation shall run concurrently from the date of the first such disposition.


(2) When a defendant, already under sentence, is convicted for another crime committed prior to the former disposition:


(a) The court shall not sentence to probation a defendant who is under sentence of imprisonment with more than six months to run;


(b) Multiple periods of probation shall run concurrently from the date of the first such disposition; and


(c) When a defendant, already under sentence of probation, is sentenced to imprisonment, the service of imprisonment shall not toll the prior sentence of probation.


(3) When a defendant is convicted of a crime committed while on probation and such probation is not revoked:


(a) If the defendant is sentenced to imprisonment, the service of such sentence shall not toll the prior sentence of probation; and


(b) If the defendant is sentenced to probation, the period of such probation shall run concurrently with or consecutively to the remainder of the prior period, as the court determines at the time of disposition.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 30.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-630

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part II. Probation

§ 706-630. Discharge of defendant


Upon the termination of the period of the probation or the earlier discharge of the defendant, the defendant shall be relieved of any obligations imposed by the order of the court and shall have satisfied the disposition of the court, except as to any action under this chapter to collect unpaid fines, restitution, attorney's fees, costs, or interest.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 31; Laws 1998, ch. 269, § 5.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-631

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part II. Probation

§ 706-631. Probation is a final judgment for other purposes


A judgment sentencing a defendant to be placed on probation shall be deemed tentative, to the extent provided in this chapter, but for all other purposes shall constitute a final judgment.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 32.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-640

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part III. Fees, Fines, and Restitution

§ 706-640. Authorized fines


(1) A person who has been convicted of an offense may be sentenced to pay a fine not exceeding:


(a) $50,000, when the conviction is of a class A felony, murder in the first or second degree, or attempted murder in the first or second degree;


(b) $25,000, when the conviction is of a class B felony;


(c) $10,000, when the conviction is of a class C felony;


(d) $2,000, when the conviction is of a misdemeanor;


(e) $1,000, when the conviction is of a petty misdemeanor or a violation;


(f) Any higher amount equal to double the pecuniary gain derived from the offense by the defendant;


(g) Any higher or lower amount specifically authorized by statute.


(2) Notwithstanding section 706-641, the court shall impose a mandatory fine upon any defendant convicted of theft in the first or second degree committed by receiving stolen property as set forth in section 708-830(7). The fine imposed shall be the greater of double the value of the stolen property received or $25,000 in the case of a conviction for theft in the first degree; or the greater of double the value of the stolen property received or $10,000 in the case of a conviction for theft in the second degree. The mandatory fines imposed by this subsection shall not be reduced except and only to the extent that payment of the fine prevents the defendant from making restitution to the victim of the offense, or that the defendant's property, real or otherwise, has been forfeited under chapter 712A as a result of the same conviction for which the defendant is being fined under this subsection. Consequences for nonpayment shall be governed by section 706-644; provided that the court shall not reduce the fine under section 706-644(4) or 706-645.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 33; Laws 1987, ch. 181, § 5; Laws 1997, ch. 149, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-641

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part III. Fees, Fines, and Restitution

§ 706-641. Criteria for imposing fines


(1) The court shall not sentence a defendant only to pay a fine, when any other disposition is authorized by law, except in misdemeanor and petty misdemeanor cases.


(2) The court shall not sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation unless:


(a) The defendant has derived a pecuniary gain from the crime; or


(b) The court is of the opinion that a fine is specially adapted to the deterrence of the crime involved or to the correction of the defendant.


(3) The court shall not sentence a defendant to pay a fine unless:


(a) The defendant is or will be able to pay the fine; and


(b) The fine will not prevent the defendant from making restitution to the victim of the offense.


(4) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 34.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-642

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part III. Fees, Fines, and Restitution

§ 706-642. Time and method of payment


(1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified period of time or in specified installments. If no such permission is embodied in the sentence, the fine shall be payable forthwith by cash, check, or by a credit card approved by the court.


(2) When a defendant sentenced to pay a fine is also sentenced to probation, the court may make the payment of the fine a condition of probation.


(3) When a defendant sentenced to pay a fine is also ordered to make restitution or reparation to the victim or victims, or to the person or party who has incurred loss or damage because of the defendant's crime, the payment of restitution or reparation shall have priority over the payment of the fine. No fine shall be collected until the restitution or reparation order has been satisfied.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1980, ch. 50, § 3; Laws 1986, ch. 226, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-643

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part III. Fees, Fines, and Restitution

§ 706-643. Disposition of funds


(1) The defendant shall pay a fine or any installment thereof to the cashier or clerk of the district or circuit court. In the event of default in payment, the clerk shall notify the prosecuting attorney and, if the defendant is on probation, the probation officer.


(2) All fines and other final payments received by a clerk or other officer of a court shall be accounted for, with the names of persons making payment, and the amount and date thereof, being recorded. All such funds shall be deposited with the director of finance to the credit of the general fund of the State. With respect to fines and bail forfeitures that are proceeds of the wildlife revolving fund under section 183D-10.5, and fines that are proceeds of the compliance resolution fund under sections 26-9(o) and 431:2-410, the director of finance shall transmit the fines and forfeitures to the respective funds.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 35; Laws 1990, ch. 83, § 2; Laws 2006, ch. 230, § 21; Laws 2009, ch. 149, § 7, eff. July 1, 2009.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-644

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part III. Fees, Fines, and Restitution

§ 706-644. Consequences of nonpayment; imprisonment for contumacious nonpayment; summary collection


(1) When a defendant is sentenced pursuant to section 706-605, granted a conditional discharge pursuant to section 712-1255, or granted a deferred plea pursuant to chapter 853, and the defendant is ordered to pay a fee, fine, or restitution, whether as an independent order, as part of a judgment and sentence, or as a condition of probation or deferred plea, and the defendant defaults in the payment thereof or of any installment, the court, upon the motion of the prosecuting attorney or upon its own motion, may require the defendant to show cause why the defendant's default should not be treated as contumacious and may issue a summons or a warrant of arrest for the defendant's appearance. Unless the defendant shows that the defendant's default was not attributable to an intentional refusal to obey the order of the court, or to a failure on the defendant's part to make a good faith effort to obtain the funds required for the payment, the court shall find that the defendant's default was contumacious and may order the defendant committed until the fee, fine, restitution, or a specified part thereof is paid.


(2) When a fee, fine, or restitution is imposed on a corporation or unincorporated association, it is the duty of the person or persons authorized to make disbursement from the assets of the corporation or association to pay it from those assets, and their failure to do so may be held contumacious unless they make the showing required in subsection (1).


(3) The term of imprisonment for nonpayment of fee, fine, or restitution shall be specified in the order of commitment, and shall not exceed one day for each $25 of the fee or fine, thirty days if the fee or fine was imposed upon conviction of a violation or a petty misdemeanor, or one year in any other case, whichever is the shorter period. A person committed for nonpayment of a fee or fine shall be given credit toward payment of the fee or fine for each day of imprisonment, at the rate of $25 per day.


(4) If it appears that the defendant's default in the payment of a fee, fine, or restitution is not contumacious, the court may make an order allowing the defendant additional time for payment, reducing the amount of each installment, or revoking the fee, fine, or the unpaid portion thereof in whole or in part, or converting the unpaid portion of the fee or fine to community service. A defendant shall not be discharged from an order to pay restitution until the full amount of the restitution has actually been collected or accounted for.


(5) Unless discharged by payment or, in the case of a fee or fine, service of imprisonment pursuant to subsection (3), an order to pay a fee, fine, or restitution, whether as an independent order, as a part of a judgment and sentence, or as a condition of probation or deferred plea pursuant to chapter 853, may be collected in the same manner as a judgment in a civil action. The State or the victim named in the order may collect the restitution, including costs, interest, and attorney's fees, pursuant to section 706-646. The State may collect the fee or fine, including costs, interest, and attorney's fees pursuant to section 706-647.


(6) Attorney's fees, costs, and interest shall not be deemed part of the penalty, and no person shall be imprisoned under this section in default of payment of attorney's fees, costs, and interest.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1986, ch. 314, § 36; Laws 1996, ch. 137, § 2; Laws 1998, ch. 269, § 6; Laws 2000, ch. 205, § 6.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-645

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part III. Fees, Fines, and Restitution

§ 706-645. Revocation of fine or restitution


(1) A defendant who has been sentenced to pay a fine or restitution and who is not in contumacious default in the payment thereof may at any time petition the court which sentenced the defendant for a revocation of the fine or restitution or of any unpaid portion thereof.


(2) If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine or restitution have changed, or that it would otherwise be unjust to require payment, the court may revoke the fine or restitution or the unpaid portion thereof in whole or in part. Prior to revocation, the court shall afford the prosecuting attorney an opportunity to be heard.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1986, ch. 314, § 37.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-646

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part III. Fees, Fines, and Restitution

§ 706-646. Victim restitution


(1) As used in this section, “victim” includes any of the following:


(a) The direct victim of a crime including a business entity, trust, or governmental entity;


(b) If the victim dies as a result of the crime, a surviving relative of the victim as defined in chapter 351; or


(c) A governmental entity that has reimbursed the victim for losses arising as a result of the crime or paid for medical care provided to the victim as a result of the crime.


(2) The court shall order the defendant to make restitution for reasonable and verified losses suffered by the victim or victims as a result of the defendant's offense when requested by the victim. The court shall order restitution to be paid to the crime victim compensation commission in the event that the victim has been given an award for compensation under chapter 351. If the court orders payment of a fine in addition to restitution or a compensation fee, or both, the payment of restitution and compensation fee shall have priority over the payment of the fine, and payment of restitution shall have priority over payment of a compensation fee.


(3) In ordering restitution, the court shall not consider the defendant's financial ability to make restitution in determining the amount of restitution to order. The court, however, shall consider the defendant's financial ability to make restitution for the purpose of establishing the time and manner of payment. The court shall specify the time and manner in which restitution is to be paid. Restitution shall be a dollar amount that is sufficient to reimburse any victim fully for losses, including but not limited to:


(a) Full value of stolen or damaged property, as determined by replacement costs of like property, or the actual or estimated cost of repair, if repair is possible;


(b) Medical expenses; and


(c) Funeral and burial expenses incurred as a result of the crime.


(4) The restitution ordered shall not affect the right of a victim to recover under section 351-33 or in any manner provided by law; provided that any amount of restitution actually recovered by the victim under this section shall be deducted from any award under section 351-33.


CREDIT(S)


Laws 1998, ch. 269, § 1; Laws 1999, ch. 18, § 17; Laws 2006, ch. 230, § 22; Laws 2012, ch. 211, § 5, eff. July 3, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-647

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part III. Fees, Fines, and Restitution

§ 706-647. Civil enforcement


(1) A certified or exemplified copy of an order of any court of this State for payment of a fine or restitution pursuant to section 706-605 may be filed in the office of the clerk of an appropriate court of this State as a special proceeding without the assessment of a filing fee or surcharge. The order, whether as an independent order, as part of a judgment and sentence, or as a condition of probation or deferred plea, shall be enforceable in the same manner as a civil judgment.


(2) In the event the victim has received or applied for reimbursement from any governmental entity, the victim named in the order or the victim's attorney shall also mail notice of the filing to the governmental entity providing reimbursement and shall file proof of mailing with the clerk.


(3) Fees for docketing, transcription, or other enforcement proceedings shall be as provided by law for judgments of a court of this State.


CREDIT(S)


Laws 1998, ch. 269, § 1; Laws 2000, ch. 113, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-648

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part III. Fees, Fines, and Restitution

§ 706-648. Probation services fee


(1) The court, when sentencing a defendant to probation or granting deferral of a plea under section 853-1, shall order the defendant to pay a probation services fee. The amount of the fee shall be as follows:


(a) $150, when the term of probation or period of deferral is for more than one year; or


(b) $75, when the term of probation or period of deferral is for one year or less;


provided that no fee shall be ordered when the court determines that the defendant is unable to pay the fee.


(2) The entire fee ordered or assessed shall be payable forthwith by cash, check, or by a credit card approved by the court. When a defendant is also ordered to pay a fine, make restitution, pay a crime victim compensation fee, or pay other fees in addition to the probation services fee under subsection (1), payments by the defendant shall be made in the following order of priority:


(a) Restitution;


(b) Crime victim compensation fee;


(c) Probation services fee;


(d) Other fees; and


(e) Fines.


(3) Any defendant received for supervision pursuant to chapter 353B shall be assessed a probation services fee pursuant to this section.


(4) The defendant shall pay the fee to the clerk of the court. The fee shall be deposited with the director of finance who shall transmit the fee to the probation services special fund pursuant to section 706-649.


CREDIT(S)


Laws 2000, ch. 205, § 2; Laws 2001, ch. 55, § 29; Laws 2004, ch. 78, § 2; Laws 2012, ch. 295, § 1, eff. July 9, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-649

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part III. Fees, Fines, and Restitution

§ 706-649. Probation services special fund


(1) There is established in the state treasury a special fund to be known as the probation services special fund. All probation services fees collected under section 706-648 shall be deposited into this fund.


(2) Moneys in the probation services special fund shall be used by the judiciary to:


(a) Monitor and enforce compliance with the terms and conditions of probation and other supervision programs for defendants; and


(b) Support other duties and activities related to the supervision of defendants.


CREDIT(S)


Laws 2000, ch. 205, § 2; Laws 2004, ch. 10, § 11; Laws 2012, ch. 303, § 2, eff. July 9, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-650

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part III. Fees, Fines, and Restitution

[§ 706-650]. Drug demand reduction assessments; special fund


(1) In addition to any disposition authorized by chapter 706 or 853, any person who is:


(a) Convicted of an offense under part IV of chapter 712, except sections 712-1250.5 and 712-1257;


(b) Convicted under section 707-702.5;


(c) Convicted of a felony or misdemeanor offense under part IV of chapter 329;


(d) Convicted under section 291-3.1, 291-3.2, 291-3.3, 291E-61, or 291E-61.5;


(e) Found in violation of part III of chapter 291E; or


(f) Charged with any offense under paragraphs (a) to (d) who has been granted a deferred acceptance of guilty or no contest plea;


shall be ordered to pay a monetary assessment under subsection (2), except as provided under subsection (6).


(2) Monetary assessments for individuals subject to subsection (1) shall not exceed the following:


(a) $3,000 when the offense is a class A felony;


(b) $2,000 when the offense is a class B felony;


(c) $1,000 when the offense is a class C felony;


(d) $500 when the offense is a misdemeanor; or


(e) $250 when the person has been found guilty of an offense under section 712-1249, 291-3.1, 291-3.2, 291-3.3, 291E-61, or has been found in violation of part III of chapter 291E.


Notwithstanding sections 706-640 and 706-641 and any other law to the contrary, the assessments provided by this section shall be in addition to and not in lieu of, and shall not be used to offset or reduce, any fine authorized or required by law.


(3) There is established a special fund to be known as the “drug demand reduction assessments special fund” to be administered by the department of health. The disbursement of money from the drug demand reduction assessments special fund shall be used to supplement substance abuse treatment and other substance abuse demand reduction programs.


(4) All monetary assessments paid and interest accrued on funds collected pursuant to this section shall be deposited into the drug demand reduction assessments special fund.


(5) Restitution to the victim of a crime enumerated in subsection (1) shall be made, and probation fees and crime victim compensation fees imposed under part III of chapter 706 shall be paid, before payment of the monetary assessment.


(6) If the court determines that the person has the ability to pay the monetary assessment and is eligible for probation or will not be sentenced to incarceration, unless otherwise required by law, the court may order the person to undergo a substance abuse treatment program at the person's expense. If the person undergoes a substance abuse treatment program at the person's expense, the court may waive or reduce the amount of the monetary assessment. Upon a showing by the person that the person lacks the financial ability to pay all or part of the monetary assessment, the court may waive or reduce the amount of the monetary assessment.


CREDIT(S)


Laws 1995, ch. 205, §§ 1, 4; Laws 1996, ch. 7, § 1; Laws 1998, ch. 152, § 3; Laws 2001, ch. 116, § 1; Laws 2004, ch. 152, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-656

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-656. Terms of imprisonment for first and second degree murder and attempted first and second degree murder


(1) Persons convicted of first degree murder or first degree attempted murder shall be sentenced to life imprisonment without possibility of parole.


As part of such sentence the court shall order the director of public safety and the Hawaii paroling authority to prepare an application for the governor to commute the sentence to life imprisonment with parole at the end of twenty years of imprisonment; provided that persons who are repeat offenders under section 706-606.5 shall serve at least the applicable mandatory minimum term of imprisonment.


(2) Except as provided in section 706-657, pertaining to enhanced sentence for second degree murder, persons convicted of second degree murder and attempted second degree murder shall be sentenced to life imprisonment with possibility of parole. The minimum length of imprisonment shall be determined by the Hawaii paroling authority; provided that persons who are repeat offenders under section 706-606.5 shall serve at least the applicable mandatory minimum term of imprisonment.


If the court imposes a sentence of life imprisonment without possibility of parole pursuant to section 706-657, as part of that sentence, the court shall order the director of public safety and the Hawaii paroling authority to prepare an application for the governor to commute the sentence to life imprisonment with parole at the end of twenty years of imprisonment; provided that persons who are repeat offenders under section 706-606.5 shall serve at least the applicable mandatory minimum term of imprisonment.


CREDIT(S)


Laws 1986, ch. 314, § 39; Laws 1987, ch. 181, § 6; Laws 1987, ch. 338, § 10; Laws 1989, ch. 211, § 8; Laws 1993, ch. 271, § 2; Laws 1996, ch. 15, § 1.


VALIDITY


For validity of section, see Miller v. Alabama, 2012, 132 S.Ct. 2455, 183 L.Ed.2d 407.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-657

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-657. Enhanced sentence for second degree murder


The court may sentence a person who has been convicted of murder in the second degree to life imprisonment without possibility of parole under section 706-656 if the court finds that the murder was especially heinous, atrocious, or cruel, manifesting exceptional depravity or that the person was previously convicted of the offense of murder in the first degree or murder in the second degree in this State or was previously convicted in another jurisdiction of an offense that would constitute murder in the first degree or murder in the second degree in this State. As used in this section, the phrase “especially heinous, atrocious, or cruel, manifesting exceptional depravity” means a conscienceless or pitiless crime which is unnecessarily torturous to a victim and “previously convicted” means a sentence imposed at the same time or a sentence previously imposed which has not been set aside, reversed, or vacated.


Hearings to determine the grounds for imposing an enhanced sentence for second degree murder may be initiated by the prosecutor or by the court on its own motion. The court shall not impose an enhanced term unless the ground therefor has been established at a hearing after the conviction of the defendant and on written notice to the defendant of the ground proposed. Subject to the provision of section 706-604, the defendant shall have the right to hear and controvert the evidence against the defendant and to offer evidence upon the issue.


The provisions pertaining to commutation in section 706-656(2), shall apply to persons sentenced pursuant to this section.


CREDIT(S)


Laws 1993, ch. 271, § 1; Laws 1996, ch. 15, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-659

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-659. Sentence of imprisonment for class A felony


Notwithstanding part II; sections 706-605, 706-606, 706-606.5, 706-660.1, 706-661, and 706-662; and any other law to the contrary, a person who has been convicted of a class A felony, except class A felonies defined in chapter 712, part IV, or section 707-702, shall be sentenced to an indeterminate term of imprisonment of twenty years without the possibility of suspension of sentence or probation. The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669. A person who has been convicted of a class A felony defined in chapter 712, part IV, or section 707-702, may be sentenced to an indeterminate term of imprisonment, except as provided for in section 706-660.1 relating to the use of firearms in certain felony offenses and section 706-606.5 relating to repeat offenders. When ordering such a sentence, the court shall impose the maximum length of imprisonment which shall be twenty years. The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669.


CREDIT(S)


Laws 1980, ch. 294, § 1; Laws 1994, ch. 229, § 3; Laws 2012, ch. 292, § 4, eff. July 9, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-660

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-660. Sentence of imprisonment for class B and C felonies; ordinary terms


A person who has been convicted of a class B or class C felony may be sentenced to an indeterminate term of imprisonment except as provided for in section 706-660.1 relating to the use of firearms in certain felony offenses and section 706-606.5 relating to repeat offenders. When ordering such a sentence, the court shall impose the maximum length of imprisonment which shall be as follows:


(1) For a class B felony--10 years; and


(2) For a class C felony--5 years.


The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1976, ch. 92, § 8; Laws 1976, ch. 204, § 2; Laws 1980, ch. 294, § 2; Laws 1986, ch. 314, § 38.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-660.1

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-660.1. Sentence of imprisonment for use of a firearm, semiautomatic firearm, or automatic firearm in a felony


(1) A person convicted of a felony, where the person had a firearm in the person's possession or threatened its use or used the firearm while engaged in the commission of the felony, whether the firearm was loaded or not, and whether operable or not, may in addition to the indeterminate term of imprisonment provided for the grade of offense be sentenced to a mandatory minimum term of imprisonment without possibility of parole or probation the length of which shall be as follows:


(a) For murder in the second degree and attempted murder in the second degree--up to fifteen years;


(b) For a class A felony--up to ten years;


(c) For a class B felony--up to five years; and


(d) For a class C felony--up to three years.


The sentence of imprisonment for a felony involving the use of a firearm as provided in this subsection shall not be subject to the procedure for determining minimum term of imprisonment prescribed under section 706-669; provided further that a person who is imprisoned in a correctional institution as provided in this subsection shall become subject to the parole procedure as prescribed in section 706-670 only upon the expiration of the term of mandatory imprisonment fixed under paragraph (a), (b), (c), or (d).


(2) A person convicted of a second firearm felony offense as provided in subsection (1) where the person had a firearm in the person's possession or threatened its use or used the firearm while engaged in the commission of the felony, whether the firearm was loaded or not, and whether operable or not, shall in addition to the indeterminate term of imprisonment provided for the grade of offense be sentenced to a mandatory minimum term of imprisonment without possibility of parole or probation the length of which shall be as follows:


(a) For murder in the second degree and attempted murder in the second degree--twenty years;


(b) For a class A felony--thirteen years, four months;


(c) For a class B felony--six years, eight months; and


(d) For a class C felony--three years, four months.


The sentence of imprisonment for a second felony offense involving the use of a firearm as provided in this subsection shall not be subject to the procedure for determining a minimum term of imprisonment prescribed under section 706-669; provided further that a person who is imprisoned in a correctional institution as provided in this subsection shall become subject to the parole procedure as prescribed in section 706-670 only upon expiration of the term of mandatory imprisonment fixed under paragraph (a), (b), (c), or (d).


(3) A person convicted of a felony, where the person had a semiautomatic firearm or automatic firearm in the person's possession or used or threatened its use while engaged in the commission of the felony, whether the semiautomatic firearm or automatic firearm was loaded or not, and whether operable or not, shall in addition to the indeterminate term of imprisonment provided for the grade of offense be sentenced to a mandatory minimum term of imprisonment without possibility of parole or probation the length of which shall be as follows:


(a) For murder in the second degree and attempted murder in the second degree--twenty years;


(b) For a class A felony--fifteen years;


(c) For a class B felony--ten years; and


(d) For a class C felony--five years.


The sentence of imprisonment for a felony involving the use of a semiautomatic firearm or automatic firearm as provided in this subsection shall not be subject to the procedure for determining a minimum term of imprisonment prescribed under section 706-669; provided further that a person who is imprisoned in a correctional institution as provided in this subsection shall become subject to the parole procedure as prescribed in section 706-670 only upon expiration of the term of mandatory imprisonment fixed under paragraph (a), (b), (c), or (d).


(4) In this section:


(a) “Firearm” has the same meaning defined in section 134-1 except that it does not include “semiautomatic firearm” or “automatic firearm.”


(b) “Automatic firearm” has the same meaning defined in section 134-1.


(c) “Semiautomatic firearm” means any firearm that uses the energy of the explosive in a fixed cartridge to extract a fired cartridge and chamber a fresh cartridge with each single pull of the trigger.


CREDIT(S)


Laws 1976, ch. 204, § 3; Laws 1984, ch. 90, § 1; Laws 1987, ch. 260, § 1; Laws 1990, ch. 195, § 5; Laws 1992, ch. 57, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-660.2

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-660.2. Sentence of imprisonment for offenses against children, elder persons, or handicapped persons


Notwithstanding section 706-669, a person who, in the course of committing or attempting to commit a felony, causes the death or inflicts serious or substantial bodily injury upon a person who is:


(1) Sixty years of age or older;


(2) Blind, a paraplegic, or a quadriplegic; or


(3) Eight years of age or younger;


and such disability is known or reasonably should be known to the defendant, shall, if not subjected to an extended term of imprisonment pursuant to section 706-662, be sentenced to a mandatory minimum term of imprisonment without possibility of parole as follows:


(1) For murder in the second degree--fifteen years;


(2) For a class A felony--six years, eight months;


(3) For a class B felony--three years, four months;


(4) For a class C felony--one year, eight months.


CREDIT(S)


Laws 1988, ch. 89, § 1; Laws 1990, ch. 67, § 8.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-661

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-661. Extended terms of imprisonment


The court may sentence a person who satisfies the criteria for any of the categories set forth in section 706-662 to an extended term of imprisonment, which shall have a maximum length as follows:


(1) For murder in the second degree--life without the possibility of parole;


(2) For a class A felony--indeterminate life term of imprisonment;


(3) For a class B felony--indeterminate twenty-year term of imprisonment; and


(4) For a class C felony--indeterminate ten-year term of imprisonment.


When ordering an extended term sentence, the court shall impose the maximum length of imprisonment. The minimum length of imprisonment for an extended term sentence under paragraphs (2), (3), and (4) shall be determined by the Hawaii paroling authority in accordance with section 706-669.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1976, ch. 92, § 8; Laws 1999, ch. 286, § 2; Laws 2006, ch. 230, §§ 23, 54; Laws 2007, 2nd Sp. Sess., ch. 1, § 2, eff. Oct. 31, 2007.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-662

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-662. Criteria for extended terms of imprisonment


A defendant who has been convicted of a felony may be subject to an extended term of imprisonment under section 706-661 if it is proven beyond a reasonable doubt that an extended term of imprisonment is necessary for the protection of the public and that the convicted defendant satisfies one or more of the following criteria:


(1) The defendant is a persistent offender in that the defendant has previously been convicted of two or more felonies committed at different times when the defendant was eighteen years of age or older;


(2) The defendant is a professional criminal in that:


(a) The circumstances of the crime show that the defendant has knowingly engaged in criminal activity as a major source of livelihood; or


(b) The defendant has substantial income or resources not explained to be derived from a source other than criminal activity;


(3) The defendant is a dangerous person in that the defendant has been subjected to a psychiatric or psychological evaluation that documents a significant history of dangerousness to others resulting in criminally violent conduct, and this history makes the defendant a serious danger to others. Nothing in this section precludes the introduction of victim-related data to establish dangerousness in accord with the Hawaii rules of evidence;


(4) The defendant is a multiple offender in that:


(a) The defendant is being sentenced for two or more felonies or is already under sentence of imprisonment for any felony; or


(b) The maximum terms of imprisonment authorized for each of the defendant's crimes, if made to run consecutively, would equal or exceed in length the maximum of the extended term imposed or would equal or exceed forty years if the extended term imposed is for a class A felony;


(5) The defendant is an offender against the elderly, handicapped, or a minor eight years of age or younger in that:


(a) The defendant attempts or commits any of the following crimes: murder, manslaughter, a sexual offense that constitutes a felony under chapter 707, robbery, felonious assault, burglary, or kidnapping; and


(b) The defendant, in the course of committing or attempting to commit the crime, inflicts serious or substantial bodily injury upon a person who has the status of being:


(i) Sixty years of age or older;


(ii) Blind, a paraplegic, or a quadriplegic; or


(iii) Eight years of age or younger; and


the person's status is known or reasonably should be known to the defendant; or


(6) The defendant is a hate crime offender in that:


(a) The defendant is convicted of a crime under chapter 707, 708, or 711; and


(b) The defendant intentionally selected a victim or, in the case of a property crime, the property that was the object of a crime, because of hostility toward the actual or perceived race, religion, disability, ethnicity, national origin, gender identity or expression, or sexual orientation of any person. For purposes of this subsection, “gender identity or expression” includes a person's actual or perceived gender, as well as a person's gender identity, gender-related self-image, gender-related appearance, or gender-related expression, regardless of whether that gender identity, gender-related self-image, gender-related appearance, or gender-related expression is different from that traditionally associated with the person's sex at birth.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1978, ch. 210, § 1; Laws 1981, ch. 166, § 1; Laws 1984, ch. 90, § 1; Laws 1985, ch. 280, § 1; Laws 1986, ch. 314, § 40; Laws 1988, ch. 305, § 11; Laws 1990, ch. 67, § 8; Laws 1996, ch. 3, § 1; Laws 2001, ch. 240, § 3; Laws 2003, ch. 33, § 2; Laws 2006, ch. 230, §§ 24, 54; Laws 2007, 2nd Sp. Sess., ch. 1, § 3, eff. Oct. 31, 2007.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-663

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-663. Sentence of imprisonment for misdemeanor and petty misdemeanor


After consideration of the factors set forth in sections 706-606 and 706-621, the court may sentence a person who has been convicted of a misdemeanor or a petty misdemeanor to imprisonment for a definite term to be fixed by the court and not to exceed one year in the case of a misdemeanor or thirty days in the case of a petty misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 41.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-664

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-664. Procedure for imposing extended terms of imprisonment


(1) Hearings to determine the grounds for imposing extended terms of imprisonment may be initiated by the prosecutor or by the court on its own motion. The court shall not impose an extended term unless the ground therefor has been established at a hearing after the conviction of the defendant and written notice of the ground proposed was given to the defendant pursuant to subsection (2). Subject to the provisions of section 706-604, the defendant shall have the right to hear and controvert the evidence against the defendant and to offer evidence upon the issue before a jury; provided that the defendant may waive the right to a jury determination under this subsection, in which case the determination shall be made by the court.


(2) Notice of intention to seek an extended term of imprisonment under section 706-662 shall be given to the defendant within thirty days of the defendant's arraignment. However, the thirty-day period may be waived by the defendant, modified by stipulation of the parties, or extended upon a showing of good cause by the prosecutor. A defendant previously sentenced to an extended term under a prior version of this chapter shall be deemed to have received notice of an intention to seek an extended term of imprisonment.


(3) If the jury, or the court if the defendant has waived the right to a jury determination, finds that the facts necessary for the imposition of an extended term of imprisonment under section 706-662 have been proven beyond a reasonable doubt, the court may impose an indeterminate term of imprisonment as provided in section 706-661.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1986, ch. 314, § 42; Laws 2007, 2nd Sp. Sess., ch. 1, § 4, eff. Oct. 31, 2007.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-665

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-665. Former conviction in another jurisdiction


For purposes of sections 706-606.5, 706-620, and 706-662(1), a conviction of the commission of a crime in another jurisdiction shall constitute a previous conviction. Such conviction shall be deemed to have been of a felony if sentence of death or of imprisonment in excess of one year was authorized under the law of such other jurisdiction. Such a conviction shall be graded, for purposes of section 706-620 by comparing the maximum imprisonment authorized under the law of such other jurisdiction with the maximum imprisonment authorized for the relevant grade of felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 43.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-666

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-666. Definition of proof of conviction


(1) An adjudication by a court of competent jurisdiction that the defendant committed a crime constitutes a conviction for purposes of sections 706-606.5, 706-662, and 706-665, although sentence or the execution thereof was suspended, provided that the defendant was not pardoned on the ground of innocence.


(2) Prior conviction may be proved by any evidence, including fingerprint records made in connection with arrest, conviction, or imprisonment, that reasonably satisfies the court that the defendant was convicted.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1982, ch. 246, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-667

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-667. Young adult defendants


(1) Defined. A young adult defendant is a person convicted of a crime who, at the time of the offense, is less than twenty-two years of age and who has not been previously convicted of a felony as an adult or adjudicated as a juvenile for an offense that would have constituted a felony had the young adult defendant been an adult.


(2) Specialized correctional treatment. A young adult defendant who is sentenced to a term of imprisonment exceeding thirty days may be committed by the court to the custody of the department of public safety and shall receive, as far as practicable, such special and individualized correctional and rehabilitative treatment as may be appropriate to the young adult defendant's needs.


(3) Special term. A young adult defendant convicted of a felony, in lieu of any other sentence of imprisonment authorized by this chapter, may be sentenced to a special indeterminate term of imprisonment if the court is of the opinion that such special term is adequate for the young adult defendant's correction and rehabilitation and will not jeopardize the protection of the public. When ordering a special indeterminate term of imprisonment, the court shall impose the maximum length of imprisonment, which shall be eight years for a class A felony, five years for a class B felony, and four years for a class C felony. The minimum length of imprisonment shall be set by the Hawaii paroling authority in accordance with section 706-669. During this special indeterminate term, the young adult shall be incarcerated separately from career criminals, when practicable.


This section shall not apply to the offenses of murder or attempted murder.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1976, ch. 92, § 8; Laws 1980, ch. 295, §§ 2, 3; Laws 1984, ch. 90, § 1; Laws 1986, ch. 314, § 44; Laws 1987, ch. 338, § 10; Laws 1989, ch. 211, § 8; Laws 1997, ch. 318, § 4; Laws 2006, ch. 230, § 25.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-668

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-668. Repealed by Laws 1986, ch. 314, § 46


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-668.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-668.5. Multiple sentence of imprisonment


(1) If multiple terms of imprisonment are imposed on a defendant, whether at the same time or at different times, or if a term of imprisonment is imposed on a defendant who is already subject to an unexpired term of imprisonment, the terms may run concurrently or consecutively. Multiple terms of imprisonment run concurrently unless the court orders or the statute mandates that the terms run consecutively.


(2) The court, in determining whether the terms imposed are to be ordered to run concurrently or consecutively, shall consider the factors set forth in section 706-606.


CREDIT(S)


Laws 1986, ch. 314, § 45; Laws 2008, ch. 193, § 1, eff. June 18, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-669

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-669. Procedure for determining minimum term of imprisonment


(1) When a person has been sentenced to an indeterminate or an extended term of imprisonment, the Hawaii paroling authority shall, as soon as practicable but no later than six months after commitment to the custody of the director of the department of [public safety] hold a hearing, and on the basis of the hearing make an order fixing the minimum term of imprisonment to be served before the prisoner shall become eligible for parole.


(2) Before holding the hearing, the authority shall obtain a complete report regarding the prisoner's life before entering the institution and a full report of the prisoner's progress in the institution. The report shall be a complete personality evaluation for the purpose of determining the prisoner's degree of propensity toward criminal activity.


(3) The prisoner shall be given reasonable notice of the hearing under subsection (1) and shall be permitted to be heard by the authority on the issue of the minimum term to be served before the prisoner becomes eligible for parole. In addition, the prisoner shall:


(a) Be permitted to consult with any persons the prisoner reasonably desires, including the prisoner's own legal counsel, in preparing for the hearing;


(b) Be permitted to be represented and assisted by counsel at the hearing;


(c) Have counsel appointed to represent and assist the prisoner if the prisoner so requests and cannot afford to retain counsel; and


(d) Be informed of the prisoner's rights under (a), (b), and (c).


(4) The authority in its discretion may, in any particular case and at any time, impose a special condition that the prisoner will not be considered for parole unless and until the prisoner has a record of continuous exemplary behavior.


(5) After sixty days notice to the prosecuting attorney, the authority in its discretion may reduce the minimum term fixed by its order pursuant to subsection (1).


(6) A verbatim stenographic or mechanical record of the hearing shall be made and preserved in transcribed or untranscribed form.


(7) The State shall have the right to be represented at the hearing by the prosecuting attorney who may present written testimony and make oral comments and the authority shall consider such testimony and comments in reaching its decision. The authority shall notify the prosecuting attorney of the hearing at the time the prisoner is given notice of the hearing. The hearing shall be opened to victims or their designees or surviving immediate family members who may present a written statement or make oral comments.


(8) The authority shall establish guidelines for the uniform determination of minimum sentences which shall take into account both the nature and degree of the offense of the prisoner and the prisoner's criminal history and character. The guidelines shall be public records and shall be made available to the prisoner and to the prosecuting attorney and other interested government agencies.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1976, ch. 92, § 8; Laws 1984, ch. 90, § 1; Laws 1988, ch. 282, § 1; Laws 1996, ch. 4, § 1; Laws 1996, ch. 193, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-670

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-670. Parole procedure; release on parole; terms of parole, recommitment, and reparole; final unconditional release


<Repeal and reenactment of subsec. (1) on July 1, 2018, by Laws 2012, ch. 139, § 14(4).>


(1) Parole hearing. A person sentenced to an indeterminate term of imprisonment shall receive an initial parole hearing at least one month before the expiration of the minimum term of imprisonment determined by the Hawaii paroling authority pursuant to section 706-669. If the person has been sentenced to multiple terms of imprisonment, the parole hearing shall not be required until at least one month before the expiration of the minimum term that expires last in time. A validated risk assessment shall be used to determine the person's risk of re-offense and suitability for community supervision. For purposes of this subsection, “validated risk assessment” means an actuarial tool to determine a person's likelihood of engaging in future criminal behavior. The department of public safety shall select a research-based risk assessment tool and shall validate the accuracy of the risk assessment tool at least every five years in consultation with the paroling authority. Assessments shall be performed by department of public safety staff who are trained in the use of the risk assessment tool. Except for good cause shown to the paroling authority, a person who is assessed as low risk for re-offending shall be granted parole upon completing the minimum sentence, unless the person:


(a) Is found to have an extensive criminal history record that is indicative of a likelihood of future criminal behavior in spite of the finding by the risk assessment by the paroling authority;


(b) Is found to have committed misconduct while in prison that is equivalent to a misdemeanor or felony crime within thirty-six months of the expiration of the minimum term of imprisonment;


(c) Has any pending felony charges in the State;


(d) Is incarcerated for a sexual offense under part V of chapter 707 or child abuse under part VI of chapter 707; or


(e) Does not have a parole plan as set forth under section 706-670(3) and (4), as approved by, and at the discretion of, the paroling authority.


If parole is not granted at the initial parole hearing, additional hearings shall be held at twelve-month intervals or less until parole is granted or the maximum period of imprisonment expires. The State shall have the right to be represented at the initial parole hearing and all subsequent parole hearings by the prosecuting attorney, who may present written testimony and make oral comments. The authority shall consider the testimony and comments in reaching its decision. The authority shall notify the appropriate prosecuting attorney of the hearing at the time the prisoner is given notice of the hearing.


(2) Parole conditions. The authority, as a condition of parole, may impose reasonable conditions on the prisoner as provided under section 706-624.


(3) Prisoner's plan and participation. Each prisoner shall be given reasonable notice of the prisoner's parole hearing and shall prepare a parole plan, setting forth the manner of life the prisoner intends to lead if released on parole, including specific information as to where and with whom the prisoner will reside, a phone contact where the prisoner can be reached, and what occupation or employment the prisoner will follow, if any. The prisoner shall be paroled in the county where the prisoner had a permanent residence or occupation or employment prior to the prisoner's incarceration, unless the prisoner will: reside in a county in which the population exceeds eight-hundred thousand persons; reside in a county in the State in which the committed person has the greatest family or community support, opportunities for employment, job training, education, treatment, and other social services, as determined by the Hawaii paroling authority; or be released for immediate departure from the State. The institutional parole staff shall render reasonable aid to the prisoner in the preparation of the prisoner's plan and in securing information for submission to the authority. In addition, the prisoner shall:


(a) Be permitted to consult with any persons whose assistance the prisoner reasonably desires, including the prisoner's own legal counsel, in preparing for a hearing before the authority;


(b) Be permitted to be represented and assisted by counsel at the hearing;


(c) Have counsel appointed to represent and assist the prisoner if the prisoner so requests and cannot afford to retain counsel; and


(d) Be informed of the prisoner's rights as set forth in this subsection.


(4) Authority's decision; initial minimum term of parole. The authority shall render its decision regarding a prisoner's release on parole within a reasonable time after the parole hearing. A grant of parole shall not be subject to acceptance by the prisoner. If the authority denies parole after the hearing, it shall state its reasons in writing. A verbatim stenographic or mechanical record of the parole hearing shall be made and preserved in transcribed or untranscribed form. The authority, in its discretion, may order a reconsideration or rehearing of the case at any time and shall provide reasonable notice of the reconsideration or rehearing to the prosecuting attorney. If parole is granted by the authority, the authority shall set the initial minimum length of the parole term.


(5) Release upon expiration of maximum term. If the authority fixes no earlier release date, a prisoner's release shall become mandatory at the expiration of the prisoner's maximum term of imprisonment.


(6) Sentence of imprisonment includes separate parole term. A sentence to an indeterminate term of imprisonment under this chapter includes as a separate portion of the sentence a term of parole or of recommitment for violation of the conditions of parole.


(7) Revocation hearing. When a parolee has been recommitted, the authority shall hold a hearing within sixty days after the parolee's return to determine whether parole should be revoked. The parolee shall have reasonable notice of the grounds alleged for revocation of the parolee's parole. The institutional parole staff shall render reasonable aid to the parolee in preparation for the hearing. In addition, the parolee shall have, with respect to the revocation hearing, those rights set forth in subsection (3)(a), (3)(b), (3)(c), and (3)(d). A record of the hearing shall be made and preserved as provided in subsection (4).


(8) Length of recommitment and reparole after revocation of parole. If a parolee's parole is revoked, the term of further imprisonment upon such recommitment and of any subsequent reparole or recommitment under the same sentence shall be fixed by the authority but shall not exceed in aggregate length the unserved balance of the maximum term of imprisonment.


(9) Final unconditional release. When the prisoner's maximum parole term has expired or the prisoner has been sooner discharged from parole, a prisoner shall be deemed to have served the prisoner's sentence and shall be released unconditionally.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1976, ch. 92, § 8; Laws 1983, ch. 30, § 1; Laws 1984, ch. 90, § 1; Laws 1984, ch. 257, § 3; Laws 1986, ch. 314, § 47; Laws 1988, ch. 282, § 2; Laws 1993, ch. 101, § 2; Laws 1993, ch. 201, § 2; Laws 1996, ch. 193, § 2; Laws 2007, 1st Sp. Sess., ch. 8, § 15, eff. July 1, 2007; Laws 2012, ch. 139, §§ 8, 12, eff. July 1, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-670.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-670.5. Notice of parole or final unconditional release


(1) As used in this section, the following terms have the following meanings:


“Offense against the person” means any of the offenses described in chapter 707 and includes any attempt to commit any of those offenses.


“Prisoner” or “parolee” means a person who has been convicted of an offense against the person.


“Surviving immediate family member” means a person who is a surviving grandparent, parent, sibling, spouse or reciprocal beneficiary, child, or legal guardian of a deceased victim.


“Victim” means the person who was the victim of the offense against the person for which the prisoner or parolee was convicted.


(2) The Hawaii paroling authority shall give written notice of the parole or release from parole of a prisoner or parolee to each victim who has submitted a written request for notice or to a surviving immediate family member who has submitted a written request for notice.


(3) The department of public safety shall give written notice of the final unconditional release of a prisoner or parolee, who has not been previously paroled or discharged, to each victim who has submitted a written request for notice or to a surviving immediate family member who has submitted a written request for notice.


(4) The authority or department, as the case may be, shall provide written notice to the victim or surviving immediate family member at the address given on the written request for notice or such other address as may be provided by the victim or surviving immediate family member, not less than ten days prior to parole or final unconditional release. The authority or department, in its discretion, may instead give written notice to the witness or victim counselor programs in the prosecuting attorney's office in the county where the victim or the surviving immediate family member resides.


(5) Neither the failure of any state officer or employee to carry out the requirements of this section nor compliance with it shall subject the State, the officer, or employee to liability in any civil action. However, such failure may provide a basis for such disciplinary action as may be deemed appropriate by a competent authority.


CREDIT(S)


Laws 1983, ch. 184, § 2(2); Laws 1985, ch. 227, § 1; Laws 1987, ch. 338, § 10; Laws 1989, ch. 211, § 8; Laws 1997, ch. 383, § 66.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-671

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-671. Credit for time of detention prior to sentence; credit for imprisonment under earlier sentence for same crime


(1) When a defendant who is sentenced to imprisonment has previously been detained in any State or local correctional or other institution following the defendant's arrest for the crime for which sentence is imposed, such period of detention following the defendant's arrest shall be deducted from the minimum and maximum terms of such sentence. The officer having custody of the defendant shall furnish a certificate to the court at the time of sentence, showing the length of such detention of the defendant prior to sentence in any State or local correctional or other institution, and the certificate shall be annexed to the official records of the defendant's commitment.


(2) When a judgment of conviction or a sentence is vacated and a new sentence is thereafter imposed upon the defendant for the same crime, the period of detention and imprisonment theretofore served shall be deducted from the minimum and maximum terms of the new sentence. The officer having custody of the defendant shall furnish a certificate to the court at the time of sentence, showing the period of imprisonment served under the original sentence, and the certificate shall be annexed to the official records of the defendant's new commitment.


(3) Notwithstanding any other law to the contrary, when a defendant is convicted for a crime committed while serving a sentence of imprisonment on a separate unrelated felony conviction, credit for time being served for the term of imprisonment imposed on the defendant for the separate unrelated felony conviction shall not be deducted from the term of imprisonment imposed on the defendant for the subsequent conviction.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 2012, ch. 50, § 1, eff. July 1, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-672

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-672. Place of imprisonment


When a person is sentenced to imprisonment, the court shall commit the person to the custody of the department of public safety for the term of the person's sentence and until released in accordance with law. The director of public safety shall determine the proper program of redirection and any place of confinement of the committed person.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1983, ch. 182, § 1; Laws 1984, ch. 90, § 1; Laws 1987, ch. 338, § 10; Laws 1989, ch. 211, § 8.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 706-673

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 706. Disposition of Convicted Defendants (Refs & Annos)

Part IV. Imprisonment

§ 706-673. Notice of escape


(1) As used in this section, the following terms have the following meanings:


“Offense against the person” means any of the offenses described in chapter 707 and includes any attempt to commit any of those offenses.


“Prisoner” means a person who has been convicted of an offense against the person.


“Surviving immediate family member” means a person who is a surviving grandparent, parent, sibling, spouse or reciprocal beneficiary, child, or legal guardian of a deceased victim.


“Victim” means the person who was the victim of the offense against the person for which the prisoner was convicted.


(2) Upon written request, the department of public safety shall give notice of the escape of a prisoner, immediately following the escape, by the most reasonable and expedient means available, to each victim or a surviving immediate family member of the victim, through the victim witness assistance program in the county where the crime was committed.


(3) Neither the failure of any state officer or employee to carry out the requirements of this section nor compliance with it shall subject the State, the officer, or employee to liability in any civil action. However, such failure may provide a basis for such disciplinary action as may be deemed appropriate by a competent authority.


CREDIT(S)


Laws 1990, ch. 193, § 1; Laws 1997, ch. 383, § 67.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS D. 5, T. 37, Ch. 707, Refs & Annos

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-700

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part I. General Provisions Relating to Offenses Against the Person

§ 707-700. Definitions of terms in this chapter


In this chapter, unless a different meaning plainly is required:


“Bodily injury” means physical pain, illness, or any impairment of physical condition.


“Compulsion” means absence of consent, or a threat, express or implied, that places a person in fear of public humiliation, property damage, or financial loss.


“Dangerous instrument” means any firearm, whether loaded or not, and whether operable or not, or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury.


“Deviate sexual intercourse” means any act of sexual gratification between a person and an animal or a corpse, involving the sex organs of one and the mouth, anus, or sex organs of the other.


“Emergency worker” means any:


(1) Law enforcement officer, including but not limited to any police officer, public safety officer, parole or probation officer, or any other officer of any county, state, federal, or military agency authorized to exercise law enforcement or police powers;


(2) Firefighter, emergency medical services personnel, emergency medical technician, ambulance crewmember, or any other emergency response personnel;


(3) Member of the Hawaii national guard on any duty or service done under or in pursuance of an order or call of the governor or the President of the United States or any proper authority;


(4) Member of the United States Army, Air Force, Navy, Marines, or Coast Guard on any duty or service done under or in pursuance of an order or call of the President of the United States or any proper authority;


(5) Member of the national guard from any other state ordered into service by any proper authority;


(6) Person engaged in civil defense functions as authorized by the director of civil defense or as otherwise authorized under chapter 128; or


(7) Person engaged in disaster relief by authorization of the director of disaster relief or as otherwise authorized under chapter 127.


“Labor” means work of economic or financial value.


“Married” includes persons legally married, and a male and female living together as husband and wife regardless of their legal status, but does not include spouses living apart.


“Mentally defective” means a person suffering from a disease, disorder, or defect which renders the person incapable of appraising the nature of the person's conduct.


“Mentally incapacitated” means a person rendered temporarily incapable of appraising or controlling the person's conduct as a result of the influence of a substance administered to the person without the person's consent.


“Person” means a human being who has been born and is alive.


“Physically helpless” means a person who is unconscious or for any other reason physically unable to communicate unwillingness to an act.


“Public highway” shall have the same meaning as in section 264-1.


“Relative” means parent, ancestor, brother, sister, uncle, aunt, or legal guardian.


“Restrain” means to restrict a person's movement in such a manner as to interfere substantially with the person's liberty:


(1) By means of force, threat, or deception; or


(2) If the person is under the age of eighteen or incompetent, without the consent of the relative, person, or institution having lawful custody of the person.


“Serious bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.


“Services” means a relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor. Prostitution-related and obscenity-related activities as set forth in chapter 712 are forms of “services” under this section. Nothing in this chapter shall be construed to legitimize or legalize prostitution.


“Sexual contact” means any touching, other than acts of “sexual penetration”, of the sexual or other intimate parts of a person not married to the actor, or of the sexual or other intimate parts of the actor by the person, whether directly or through the clothing or other material intended to cover the sexual or other intimate parts.


“Sexual penetration” means:


(1) Vaginal intercourse, anal intercourse, fellatio, deviate sexual intercourse, or any intrusion of any part of a person's body or of any object into the genital or anal opening of another person's body; it occurs upon any penetration, however slight, but emission is not required. As used in this definition, “genital opening” includes the anterior surface of the vulva or labia majora; or


(2) Cunnilingus or anilingus, whether or not actual penetration has occurred.


For purposes of this chapter, each act of sexual penetration shall constitute a separate offense.


“Street” shall have the same meaning as in section 291C-1.


“Strong compulsion” means the use of or attempt to use one or more of the following to overcome a person:


(1) A threat, express or implied, that places a person in fear of bodily injury to the individual or another person, or in fear that the person or another person will be kidnapped;


(2) A dangerous instrument; or


(3) Physical force.


“Substantial bodily injury” means bodily injury which causes:


(1) A major avulsion, laceration, or penetration of the skin;


(2) A burn of at least second degree severity;


(3) A bone fracture;


(4) A serious concussion; or


(5) A tearing, rupture, or corrosive damage to the esophagus, viscera, or other internal organs.


“Vehicle” has the same meaning as in section 291E-1.


“Vulnerable user” means:


(1) A pedestrian legally within a street or public highway;


(2) A roadway worker actually engaged in work upon a street or public highway or in work upon utility facilities along a street or public highway, or engaged in the provision of emergency services within a street or public highway, including but not limited to:


(A) Construction and maintenance workers; and


(B) Police, fire, and other emergency responders; or


(3) A person legally operating any of the following within the street or public highway:


(A) A bicycle;


(B) A moped;


(C) An electric personal assistive mobility device; or


(D) A wheelchair conveyance or other personal mobility device.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 136, § 6; Laws 1980, ch. 223, § 1; Laws 1981, ch. 213, § 1; Laws 1984, ch. 90, § 1; Laws 1986, ch. 314, § 48; Laws 1987, ch. 181, § 7; Laws 2001, ch. 30, § 1; Laws 2004, ch. 61, § 3; Laws 2006, ch. 116, § 4; Laws 2006, ch. 230, § 26; Laws 2008, ch. 147, § 1, eff. June 6, 2008; Laws 2012, ch. 21, § 1, eff. April 17, 2012; Laws 2012, ch. 316, § 1, eff. July 10, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS D. 5, T. 37, Ch. 707, Pt. II, Refs & Annos

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person

Part II. Criminal Homicide


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-701

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part II. Criminal Homicide (Refs & Annos)

§ 707-701. Murder in the first degree


(1) A person commits the offense of murder in the first degree if the person intentionally or knowingly causes the death of:


(a) More than one person in the same or separate incident;


(b) A law enforcement officer, judge, or prosecutor arising out of the performance of official duties;


(c) A person known by the defendant to be a witness in a criminal prosecution and the killing is related to the person's status as a witness;


(d) A person by a hired killer, in which event both the person hired and the person responsible for hiring the killer shall be punished under this section;


(e) A person while the defendant was imprisoned;


(f) A person from whom the defendant has been restrained, by order of any court, including an ex parte order, from contacting, threatening, or physically abusing pursuant to chapter 586;


(g) A person who is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order; or


(h) A person known by the defendant to be a witness in a family court proceeding and the killing is related to the person's status as a witness.


(2) Murder in the first degree is a felony for which the defendant shall be sentenced to imprisonment as provided in section 706-656.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 49; Laws 2001, ch. 91, § 4; Laws 2006, ch. 230, § 27; Laws 2011, ch. 63, § 2, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-701.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part II. Criminal Homicide (Refs & Annos)

[§ 707-701.5]. Murder in the second degree


(1) Except as provided in section 707-701, a person commits the offense of murder in the second degree if the person intentionally or knowingly causes the death of another person.


(2) Murder in the second degree is a felony for which the defendant shall be sentenced to imprisonment as provided in section 706-656.


CREDIT(S)


Laws 1986, ch. 314, § 50.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-702

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part II. Criminal Homicide (Refs & Annos)

§ 707-702. Manslaughter


(1) A person commits the offense of manslaughter if:


(a) The person recklessly causes the death of another person; or


(b) The person intentionally causes another person to commit suicide.


(2) In a prosecution for murder or attempted murder in the first and second degrees it is an affirmative defense, which reduces the offense to manslaughter or attempted manslaughter, that the defendant was, at the time the defendant caused the death of the other person, under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation. The reasonableness of the explanation shall be determined from the viewpoint of a reasonable person in the circumstances as the defendant believed them to be.


(3) Manslaughter is a class A felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1987, ch. 181, § 8; Laws 1996, ch. 197, § 2; Laws 2003, ch. 64, § 1; Laws 2006, ch. 230, § 28.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-702.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part II. Criminal Homicide (Refs & Annos)

§ 707-702.5. Negligent homicide in the first degree


(1) A person commits the offense of negligent homicide in the first degree if that person causes the death of:


(a) Another person by the operation of a vehicle in a negligent manner while under the influence of drugs or alcohol; or


(b) A vulnerable user by the operation of a vehicle in a negligent manner.


(2) Negligent homicide in the first degree is a class B felony.


CREDIT(S)


Laws 1988, ch. 292, § 1; Laws 2012, ch. 316, § 2, eff. July 10, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-703

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part II. Criminal Homicide (Refs & Annos)

§ 707-703. Negligent homicide in the second degree


(1) A person commits the offense of negligent homicide in the second degree if that person causes the death of:


(a) Another person by the operation of a vehicle in a negligent manner; or


(b) A vulnerable user by the operation of a vehicle in a manner that constitutes simple negligence as defined in section 707-704(2).


(2) Negligent homicide in the second degree is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1988, ch. 292, § 2; Laws 2012, ch. 316, § 3, eff. July 10, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-704

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part II. Criminal Homicide (Refs & Annos)

§ 707-704. Negligent homicide in the third degree


(1) A person is guilty of the offense of negligent homicide in the third degree if that person causes the death of another person by the operation of a vehicle in a manner which is simple negligence.


(2) “Simple negligence” as used in this section:


(a) A person acts with simple negligence with respect to the person's conduct when the person should be aware of a risk that the person engages in that conduct.


(b) A person acts with simple negligence with respect to attendant circumstances when the person should be aware of a risk that those circumstances exist.


(c) A person acts with simple negligence with respect to a result of the person's conduct when the person should be aware of a risk that the person's conduct will cause that result.


(d) A risk is within the meaning of this subsection if the person's failure to perceive it, considering the nature and purpose of the person's conduct and the circumstances known to the person, involves a deviation from the standard of care that a law-abiding person would observe in the same situation.


(3) Negligent homicide in the third degree is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1988, ch. 292, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-705

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part II. Criminal Homicide (Refs & Annos)

§ 707-705. Negligent injury in the first degree


(1) A person commits the offense of negligent injury in the first degree if that person causes:


(a) Serious bodily injury to another person by the operation of a vehicle in a negligent manner; or


(b) Substantial bodily injury to a vulnerable user by the operation of a [vehicle] in a negligent manner.


(2) Negligent injury in the first degree is a class C felony.


CREDIT(S)


Laws 1988, ch. 292, § 1; Laws 2012, ch. 21, § 2, eff. April 17, 2012; Laws 2012, ch. 316, § 4, eff. July 10, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-706

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part II. Criminal Homicide (Refs & Annos)

§ 707-706. Negligent injury in the second degree


(1) A person is guilty of the offense of negligent injury in the second degree if that person causes substantial bodily injury to another person by the operation of a vehicle in a negligent manner.


(2) Negligent injury in the second degree is a misdemeanor.


CREDIT(S)


Laws 1988, ch. 292, § 1; Laws 2012, ch. 21, § 3, eff. April 17, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-710

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part III. Criminal Assaults and Related Offenses

§ 707-710. Assault in the first degree


(1) A person commits the offense of assault in the first degree if the person intentionally or knowingly causes serious bodily injury to another person.


(2) Assault in the first degree is a class B felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1986, ch. 314, § 51.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-711

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part III. Criminal Assaults and Related Offenses

§ 707-711. Assault in the second degree


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


(a) The person intentionally or knowingly causes substantial bodily injury to another;


(b) The person recklessly causes serious or substantial bodily injury to another;


(c) The person intentionally or knowingly causes bodily injury to a correctional worker, as defined in section 710-1031(2), who is engaged in the performance of duty or who is within a correctional facility;


(d) The person intentionally or knowingly causes bodily injury to another with a dangerous instrument;


(e) The person intentionally or knowingly causes bodily injury to an educational worker who is engaged in the performance of duty or who is within an educational facility. For the purposes of this paragraph, “educational worker” means any administrator, specialist, counselor, teacher, or employee of the department of education or an employee of a charter school; a person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department of education; or a person hired by the department of education on a contractual basis and engaged in carrying out an educational function;


(f) The person intentionally or knowingly causes bodily injury to any emergency medical services provider who is engaged in the performance of duty. For the purposes of this paragraph, “emergency medical services provider” means emergency medical services personnel, as defined in section 321-222, and physicians, physician's assistants, nurses, nurse practitioners, certified registered nurse anesthetists, respiratory therapists, laboratory technicians, radiology technicians, and social workers, providing services in the emergency room of a hospital;


(g) The person intentionally or knowingly causes bodily injury to a person employed at a state-operated or -contracted mental health facility. For the purposes of this paragraph, “a person employed at a state-operated or -contracted mental health facility” includes health care professionals as defined in section 451D-2, administrators, orderlies, security personnel, volunteers, and any other person who is engaged in the performance of a duty at a state-operated or -contracted mental health facility;


(h) The person intentionally or knowingly causes bodily injury to a person who:


(i) The defendant has been restrained from, by order of any court, including an ex parte order, contacting, threatening, or physically abusing pursuant to chapter 586; or


(ii) Is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order; or


[(i)] The person intentionally or knowingly causes bodily injury to any firefighter or water safety officer who is engaged in the performance of duty. For the purposes of this paragraph, “firefighter” has the same meaning as in section 710-1012 and “water safety officer” means any public servant employed by the United States, the State, or any county as a lifeguard or person authorized to conduct water rescue or ocean safety functions.


(2) Assault in the second degree is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1979, ch. 84, § 1; Laws 1986, ch. 314, § 52; Laws 1987, ch. 257, § 1; Laws 1988, ch. 279, § 1; Laws 2006, ch. 230, § 29; Laws 2006, ch. 298, § 16; Laws 2007, ch. 9, § 19, eff. April 9, 2007; Laws 2007, ch. 79, § 1, eff. May 21, 2007; Laws 2008, ch. 100, § 7, eff. July 1, 2008; Laws 2010, ch. 146, § 1, eff. May 27, 2010; Laws 2011, ch. 63, § 3, eff. July 1, 2011; Laws 2011, ch. 187, § 1, eff. July 5, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-712

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part III. Criminal Assaults and Related Offenses

§ 707-712. Assault in the third degree


(1) A person commits the offense of assault in the third degree if the person:


(a) Intentionally, knowingly, or recklessly causes bodily injury to another person; or


(b) Negligently causes bodily injury to another person with a dangerous instrument.


(2) Assault in the third degree is a misdemeanor unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-712.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part III. Criminal Assaults and Related Offenses

§ 707-712.5. Assault against a law enforcement officer in the first degree


(1) A person commits the offense of assault against a law enforcement officer in the first degree if the person:


(a) Intentionally or knowingly causes bodily injury to a law enforcement officer who is engaged in the performance of duty; or


(b) Recklessly or negligently causes, with a dangerous instrument, bodily injury to a law enforcement officer who is engaged in the performance of duty.


(2) Assault of a law enforcement officer in the first degree is a class C felony. The court shall, at a minimum, sentence the person who has been convicted of this offense to:


(a) An indeterminate term of imprisonment of five years, pursuant to section 706-660; or


(b) Five years probation, with conditions to include a term of imprisonment of not less than thirty days without possibility of suspension of sentence.


CREDIT(S)


Laws 1990, ch. 192, § 1; Laws 2003, ch. 66, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-712.6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part III. Criminal Assaults and Related Offenses

[§ 707-712.6]. Assault against a law enforcement officer in the second degree


(1) A person commits the offense of assault against a law enforcement officer in the second degree if the person recklessly causes bodily injury to a law enforcement officer who is engaged in the performance of duty.


(2) Assault of a law enforcement officer in the second degree is a misdemeanor. The court shall sentence the person who has been convicted of this offense to a definite term of imprisonment, pursuant to section 706-663, of not less than thirty days without possibility of probation or suspension of sentence.


CREDIT(S)


Laws 2003, ch. 66, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-712.7

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part III. Criminal Assaults and Related Offenses

[§ 707-712.7]. Assault against an emergency worker


(1) A person commits the offense of assault against an emergency worker if the person, during the time of a civil defense emergency proclaimed by the governor pursuant to chapter 128, within the area covered by the civil defense emergency or during the period of disaster relief under chapter 127:


(a) Intentionally, knowingly, or recklessly causes serious or substantial bodily injury to an emergency worker; or


(b) Intentionally, knowingly, or recklessly causes bodily injury to an emergency worker with a dangerous instrument.


(2) Assault against an emergency worker is a class B felony.


CREDIT(S)


Laws 2006, ch. 116, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-713

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part III. Criminal Assaults and Related Offenses

§ 707-713. Reckless endangering in the first degree


(1) A person commits the offense of reckless endangering in the first degree if the person employs widely dangerous means in a manner which recklessly places another person in danger of death or serious bodily injury or intentionally fires a firearm in a manner which recklessly places another person in danger of death or serious bodily injury.


(2) Reckless endangering in the first degree is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1978, ch. 215, § 1; Laws 1984, ch. 90, § 1; Laws 1988, ch. 285, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-714

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part III. Criminal Assaults and Related Offenses

§ 707-714. Reckless endangering in the second degree


(1) A person commits the offense of reckless endangering in the second degree if the person:


(a) Engages in conduct that recklessly places another person in danger of death or serious bodily injury; or


(b) Intentionally discharges a firearm in a populated area, in a residential area, or within the boundaries or in the direction of any road, street, or highway; provided that the provisions of this paragraph shall not apply to any person who discharges a firearm upon a target range for the purpose of the target shooting done in compliance with all laws and regulations applicable thereto.


(2) Reckless endangering in the second degree is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1990, ch. 62, § 1; Laws 2006, ch. 230, § 30.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-714.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part III. Criminal Assaults and Related Offenses

[§ 707-714.5]. Criminally negligent storage of a firearm


(1) A person commits the offense of criminally negligent storage of a firearm if the person violates section 134-10.5 and a minor obtains the firearm. For purposes of this section, “minor” means any person under the age of sixteen years.


(2) This section shall not apply if the minor obtains the firearm as a result of an unlawful entry to any premises by any person.


(3) Criminally negligent storage of a firearm is a misdemeanor.


CREDIT(S)


Laws 1992, ch. 288, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-715

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part III. Criminal Assaults and Related Offenses

§ 707-715. Terroristic threatening, defined


A person commits the offense of terroristic threatening if the person threatens, by word or conduct, to cause bodily injury to another person or serious damage or harm to property, including the pets or livestock, of another or to commit a felony:


(1) With the intent to terrorize, or in reckless disregard of the risk of terrorizing, another person; or


(2) With intent to cause, or in reckless disregard of the risk of causing evacuation of a building, place of assembly, or facility of public transportation.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1979, ch. 184, § 1(1); Laws 1984, ch. 90, § 1; Laws 2012, ch. 214, § 1, eff. July 3, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-716

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part III. Criminal Assaults and Related Offenses

§ 707-716. Terroristic threatening in the first degree


(1) A person commits the offense of terroristic threatening in the first degree if the person commits terroristic threatening:


(a) By threatening another person on more than one occasion for the same or a similar purpose;


(b) By threats made in a common scheme against different persons;


(c) Against a public servant arising out of the performance of the public servant's official duties. For the purposes of this paragraph, “public servant” includes but is not limited to an educational worker. “Educational worker” has the same meaning as defined in section 707-711;


(d) Against any emergency medical services provider who is engaged in the performance of duty. For purposes of this paragraph, “emergency medical services provider” means emergency medical services personnel, as defined in section 321-222, and physicians, physician's assistants, nurses, nurse practitioners, certified registered nurse anesthetists, respiratory therapists, laboratory technicians, radiology technicians, and social workers, providing services in the emergency room of a hospital;


(e) With the use of a dangerous instrument; or


(f) By threatening a person who:


(i) The defendant has been restrained from, by order of any court, including an ex parte order, contacting, threatening, or physically abusing pursuant to chapter 586; or


(ii) Is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order.


(2) Terroristic threatening in the first degree is a class C felony.


CREDIT(S)


Laws 1979, ch. 184, § 1(2); Laws 1984, ch. 90, § 1; Laws 1989, ch. 131, § 1; Laws 2006, ch. 230, § 31; Laws 2007, ch. 79, § 2, eff. May 21, 2007; Laws 2010, ch. 146, § 2, eff. May 27, 2010; Laws 2011, ch. 63, § 4, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-717

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part III. Criminal Assaults and Related Offenses

[§ 707-717]. Terroristic threatening in the second degree


(1) A person commits the offense of terroristic threatening in the second degree if the person commits terroristic threatening other than as provided in section 707-716.


(2) Terroristic threatening in the second degree is a misdemeanor.


CREDIT(S)


Laws 1979, ch. 184, § 1(2); Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-720

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part IV. Kidnapping and Related Offenses; Criminal Coercion

§ 707-720. Kidnapping


(1) A person commits the offense of kidnapping if the person intentionally or knowingly restrains another person with intent to:


(a) Hold that person for ransom or reward;


(b) Use that person as a shield or hostage;


(c) Facilitate the commission of a felony or flight thereafter;


(d) Inflict bodily injury upon that person or subject that person to a sexual offense;


(e) Terrorize that person or a third person;


(f) Interfere with the performance of any governmental or political function; or


(g) Unlawfully obtain the labor or services of that person, regardless of whether related to the collection of a debt.


(2) Except as provided in subsection (3), kidnapping is a class A felony.


(3) In a prosecution for kidnapping, it is a defense which reduces the offense to a class B felony that the defendant voluntarily released the victim, alive and not suffering from serious or substantial bodily injury, in a safe place prior to trial.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1986, ch. 314, § 53; Laws 2008, ch. 147, § 2, eff. June 6, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-721

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part IV. Kidnapping and Related Offenses; Criminal Coercion

§ 707-721. Unlawful imprisonment in the first degree


(1) A person commits the offense of unlawful imprisonment in the first degree if the person knowingly restrains another person under circumstances which expose the person to the risk of serious bodily injury.


(2) Unlawful imprisonment in the first degree is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1986, ch. 314, § 54; Laws 2008, ch. 147, § 3, eff. June 6, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-722

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part IV. Kidnapping and Related Offenses; Criminal Coercion

§ 707-722. Unlawful imprisonment in the second degree


(1) A person commits the offense of unlawful imprisonment in the second degree if the person knowingly restrains another person.


(2) In any prosecution under this section it is an affirmative defense, that (a) the person restrained was less than eighteen years old, (b) the defendant was a relative of the victim, and (c) the defendant's sole purpose was to assume custody over the victim. In that case, the liability of the defendant, if any, is governed by section 707-727 and the defendant may be convicted under section 707-727 although charged under this section.


(3) In any prosecution under this section it is an affirmative defense, that the person restrained (a) was on or in the immediate vicinity of the premises of a retail mercantile establishment for the purpose of investigation or questioning as to the ownership of any merchandise; (b) was restrained in a reasonable manner and for not more than a reasonable time; (c) was restrained to permit such investigation or questioning by a police officer or by the owner of the retail mercantile establishment, the owner's authorized employee or agent; and (d) that such police officer, owner, employee or agent had reasonable grounds to believe that the person so detained was committing or attempting to commit theft of merchandise on the premises.


(4) Unlawful imprisonment in the second degree is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1981, ch. 171, § 2; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-723

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part IV. Kidnapping and Related Offenses; Criminal Coercion

§ 707-723. Repealed by Laws 1981, ch. 171, § 3


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-724

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part IV. Kidnapping and Related Offenses; Criminal Coercion

§§ 707-724, 707-725. Repealed by Laws 1979, ch. 106, §§ 1, 2


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-725

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part IV. Kidnapping and Related Offenses; Criminal Coercion

§§ 707-724, 707-725. Repealed by Laws 1979, ch. 106, §§ 1, 2


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-726

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part IV. Kidnapping and Related Offenses; Criminal Coercion

§ 707-726. Custodial interference in the first degree


(1) A person commits the offense of custodial interference in the first degree if:


(a) The person:


(i) Intentionally or knowingly violates a court order issued pursuant to chapter 586, or intentionally or knowingly takes, entices, conceals, or detains the minor from any other person who has a right to custody pursuant to a court order, judgment, or decree; and


(ii) Removes the minor from the State;


(b) The person intentionally or knowingly takes, entices, conceals, or detains a minor less than eleven years old from that minor's lawful custodian, knowing that the person had no right to do so; or


(c) The person, in the absence of a court order determining custody or visitation rights, intentionally or knowingly takes, detains, conceals, or entices away a minor with the intent to deprive another person or a public agency of their right to custody, and removes the minor from the State.


(2) It is an affirmative defense to a prosecution under this section that the person had “good cause” for the violation of a court order issued pursuant to chapter 586, for the taking, detaining, concealing, or enticing away of the minor, or for removing the minor from the State; provided that the person asserting the affirmative defense filed a report with the clerk of the family court detailing the whereabouts of the minor, the person who took, enticed, detained, concealed, or removed the minor or child, and the circumstances of the event as soon as the filing of the report was practicable; and provided further that the person asserting the affirmative defense also filed a request for a custody order as soon as the filing of the request was practicable.


As used in this section, “good cause” means a good faith and reasonable belief that the taking, detaining, concealing, enticing away, or removing of the minor is necessary to protect the minor from immediate bodily injury.


(3) The identity and address of the person reporting under subsection (2) shall remain confidential unless the information is released pursuant to a court order.


(4) Custodial interference in the first degree is a class C felony.


CREDIT(S)


Laws 1981, ch. 171, § 1; Laws 1982, ch. 48, § 2; Laws 1984, ch. 138, § 1; Laws 1986, ch. 314, § 55; Laws 1994, ch. 245, § 1; Laws 1996, ch. 146, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-727

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part IV. Kidnapping and Related Offenses; Criminal Coercion

§ 707-727. Custodial interference in the second degree


(1) A person commits the offense of custodial interference in the second degree if:


(a) The person intentionally or knowingly takes, entices, conceals, or detains a minor knowing that the person has no right to do so; or


(b) The person intentionally or knowingly takes, entices, conceals, or detains from lawful custody any incompetent person, or other person entrusted by authority of law to the custody of another person or an institution.


(2) Custodial interference in the second degree is a misdemeanor, if the minor or incompetent person is taken, enticed, concealed, or detained within the State. If the minor or incompetent person is taken, enticed, concealed, or detained outside of the State under this section, custodial interference in the second degree is a class C felony.


CREDIT(S)


Laws 1981, ch. 171, § 1; Laws 1994, ch. 245, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS D. 5, T. 37, Ch. 707, Pt. V, Refs & Annos

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person

Part V. Sexual Offenses


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-730

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part V. Sexual Offenses (Refs & Annos)

§ 707-730. Sexual assault in the first degree


(1) A person commits the offense of sexual assault in the first degree if:


(a) The person knowingly subjects another person to an act of sexual penetration by strong compulsion;


(b) The person knowingly engages in sexual penetration with another person who is less than fourteen years old;


(c) The person knowingly engages in sexual penetration with a person who is at least fourteen years old but less than sixteen years old; provided that:


(i) The person is not less than five years older than the minor; and


(ii) The person is not legally married to the minor;


(d) The person knowingly subjects to sexual penetration another person who is mentally defective; or


(e) The person knowingly subjects to sexual penetration another person who is mentally incapacitated or physically helpless as a result of the influence of a substance that the actor knowingly caused to be administered to the other person without the other person's consent.


Paragraphs (b) and (c) shall not be construed to prohibit practitioners licensed under chapter 453 or 455 from performing any act within their respective practices.


(2) Sexual assault in the first degree is a class A felony.


CREDIT(S)


Laws 1986, ch. 314, § 57; Laws 1987, ch. 181, § 9; Laws 2001, 2nd Sp. Sess., ch. 1, §§ 1, 7; Laws 2002, ch. 36, § 3; Laws 2003, ch. 62, § 1; Laws 2004, ch. 10, § 15; Laws 2006, ch. 230, § 32; Laws 2009, ch. 11, § 72, eff. April 3, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-731

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part V. Sexual Offenses (Refs & Annos)

§ 707-731. Sexual assault in the second degree


(1) A person commits the offense of sexual assault in the second degree if:


(a) The person knowingly subjects another person to an act of sexual penetration by compulsion;


(b) The person knowingly subjects to sexual penetration another person who is mentally incapacitated or physically helpless; or


(c) The person, while employed:


(i) In a state correctional facility;


(ii) By a private company providing services at a correctional facility;


(iii) By a private company providing community-based residential services to persons committed to the director of public safety and having received notice of this statute;


(iv) By a private correctional facility operating in the State of Hawaii; or


(v) As a law enforcement officer as defined in section 710-1000(13),


knowingly subjects to sexual penetration an imprisoned person, a person confined to a detention facility, a person committed to the director of public safety, a person residing in a private correctional facility operating in the State of Hawaii, or a person in custody; provided that paragraph (b) and this paragraph shall not be construed to prohibit practitioners licensed under chapter 453 or 455 from performing any act within their respective practices; and further provided that this paragraph shall not be construed to prohibit a law enforcement officer from performing a lawful search pursuant to a warrant or exception to the warrant clause.


(2) Sexual assault in the second degree is a class B felony.


CREDIT(S)


Laws 1986, ch. 314, § 57; Laws 1987, ch. 181, § 10; Laws 1997, ch. 366, § 1; Laws 2002, ch. 36, § 1; Laws 2004, ch. 61, § 4; Laws 2006, ch. 230, § 33; Laws 2009, ch. 11, § 73, eff. April 3, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-732

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part V. Sexual Offenses (Refs & Annos)

§ 707-732. Sexual assault in the third degree


(1) A person commits the offense of sexual assault in the third degree if:


(a) The person recklessly subjects another person to an act of sexual penetration by compulsion;


(b) The person knowingly subjects to sexual contact another person who is less than fourteen years old or causes such a person to have sexual contact with the person;


(c) The person knowingly engages in sexual contact with a person who is at least fourteen years old but less than sixteen years old or causes the minor to have sexual contact with the person; provided that:


(i) The person is not less than five years older than the minor; and


(ii) The person is not legally married to the minor;


(d) The person knowingly subjects to sexual contact another person who is mentally defective, mentally incapacitated, or physically helpless, or causes such a person to have sexual contact with the actor;


(e) The person, while employed:


(i) In a state correctional facility;


(ii) By a private company providing services at a correctional facility;


(iii) By a private company providing community-based residential services to persons committed to the director of public safety and having received notice of this statute;


(iv) By a private correctional facility operating in the State of Hawaii; or


(v) As a law enforcement officer as defined in section 710-1000(13),


knowingly subjects to sexual contact an imprisoned person, a person confined to a detention facility, a person committed to the director of public safety, a person residing in a private correctional facility operating in the State of Hawaii, or a person in custody, or causes the person to have sexual contact with the actor; or


(f) The person knowingly, by strong compulsion, has sexual contact with another person or causes another person to have sexual contact with the actor.


Paragraphs (b), (c), (d), and (e) shall not be construed to prohibit practitioners licensed under chapter 453 or 455 from performing any act within their respective practices; provided further that paragraph (e)(v) shall not be construed to prohibit a law enforcement officer from performing a lawful search pursuant to a warrant or an exception to the warrant clause.


(2) Sexual assault in the third degree is a class C felony.


CREDIT(S)


Laws 1986, ch. 314, § 57; Laws 1987, ch. 181, § 11; Laws 2001, 2nd Sp. Sess., ch. 1, §§ 2, 7; Laws 2002, ch. 36, §§ 2, 3; Laws 2003, ch. 62, § 1; Laws 2004, ch. 10, § 15; Laws 2004, ch. 61, § 5; Laws 2009, ch. 11, § 74, eff. Apr. 3, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-733

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part V. Sexual Offenses (Refs & Annos)

§ 707-733. Sexual assault in the fourth degree


(1) A person commits the offense of sexual assault in the fourth degree if:


(a) The person knowingly subjects another person to sexual contact by compulsion or causes another person to have sexual contact with the actor by compulsion;


(b) The person knowingly exposes the person's genitals to another person under circumstances in which the actor's conduct is likely to alarm the other person or put the other person in fear of bodily injury; or


(c) The person knowingly trespasses on property for the purpose of subjecting another person to surreptitious surveillance for the sexual gratification of the actor.


(2) Sexual assault in the fourth degree is a misdemeanor.


(3) Whenever a court sentences a defendant for an offense under this section, the court may order the defendant to submit to a pre-sentence mental and medical examination pursuant to section 706-603.


CREDIT(S)


Laws 1986, ch. 314, § 57; Laws 1991, ch. 214, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-733.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part V. Sexual Offenses (Refs & Annos)

§ 707-733.5. Repealed by Laws 2006, ch. 60, § 6


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-733.6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part V. Sexual Offenses (Refs & Annos)

[§ 707-733.6]. Continuous sexual assault of a minor under the age of fourteen years


(1) A person commits the offense of continuous sexual assault of a minor under the age of fourteen years if the person:


(a) Either resides in the same home with a minor under the age of fourteen years or has recurring access to the minor; and


(b) Engages in three or more acts of sexual penetration or sexual contact with the minor over a period of time, while the minor is under the age of fourteen years.


(2) To convict under this section, the trier of fact, if a jury, need unanimously agree only that the requisite number of acts have occurred; the jury need not agree on which acts constitute the requisite number.


(3) No other felony sex offense involving the same victim may be charged in the same proceeding with a charge under this section, unless the other charged offense occurred outside the period of the offense charged under this section, or the other offense is charged in the alternative. A defendant may be charged with only one count under this section, unless more than one victim is involved, in which case a separate count may be charged for each victim.


(4) Continuous sexual assault of a minor under the age of fourteen years is a class A felony.


CREDIT(S)


Laws 2006, ch. 60, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-734

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part V. Sexual Offenses (Refs & Annos)

§ 707-734. Indecent exposure


(1) A person commits the offense of indecent exposure if, the person intentionally exposes the person's genitals to a person to whom the person is not married under circumstances in which the actor's conduct is likely to cause affront.


(2) Indecent exposure is a petty misdemeanor.


CREDIT(S)


Laws 1986, ch. 314, § 57; Laws 1991, ch. 214, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-739

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part V. Sexual Offenses (Refs & Annos)

§ 707-739. Repealed by Laws 1975, ch. 163, § 5


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-740

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part V. Sexual Offenses (Refs & Annos)

§ 707-740. Repealed by Laws 1981, ch. 213, § 8


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-741

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part V. Sexual Offenses (Refs & Annos)

§ 707-741. Incest


(1) A person commits the offense of incest if the person commits an act of sexual penetration with another who is within the degrees of consanguinity or affinity within which marriage is prohibited.


(2) Incest is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1987, ch. 176, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-742

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part V. Sexual Offenses (Refs & Annos)

§ 707-742. Repealed by Laws 1980, ch. 164, § 13


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-743

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

Part V. Sexual Offenses (Refs & Annos)

§ 707-743. Repealed by Laws 1997, ch. 316, § 4, eff. July 1, 1997


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS D. 5, T. 37, Ch. 707, Pt. VI, Refs & Annos

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person

[Part VI]. [Child Abuse]


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-750

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VI]. [Child Abuse] (Refs & Annos)

§ 707-750. Promoting child abuse in the first degree


(1) A person commits the offense of promoting child abuse in the first degree if, knowing or having reason to know its character and content, the person:


(a) Produces or participates in the preparation of child pornography;


(b) Produces or participates in the preparation of pornographic material that employs, uses, or otherwise contains a minor engaging in or assisting others to engage in sexual conduct; or


(c) Engages in a pornographic performance that employs, uses, or otherwise contains a minor engaging in or assisting others to engage in sexual conduct.


(2) As used in this section:


“Child pornography” means any pornographic visual representation, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexual conduct, if:


(a) The pornographic production of such visual representation involves the use of a minor engaging in sexual conduct; or


(b) The pornographic visual representation has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct.


“Community standards” means the standards of the State.


“Computer” shall have the same meaning as in section 708-890.


“Lascivious” means tending to incite lust, to deprave the morals in respect to sexual relations, or to produce voluptuous or lewd emotions in the average person, applying contemporary community standards.


“Material” means any printed matter, visual representation, or sound recording and includes, but is not limited to, books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, and tape or wire recordings.


“Minor” means any person less than eighteen years old.


“Performance” means any play, motion picture film, dance, or other exhibition performed before any audience.


“Pornographic” shall have the same meaning as in section 712-1210.


“Produces” means to produce, direct, manufacture, issue, publish, or advertise.


“Sadomasochistic abuse” means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.


“Sexual conduct” means acts of masturbation, homosexuality, lesbianism, bestiality, sexual penetration, deviate sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area of a minor.


“Visual representation” refers to, but is not limited to, undeveloped film and videotape and data stored on computer disk or by electronic means that are capable of conversion into a visual image.


(3) The fact that a person engaged in the conduct specified by this section is prima facie evidence that the person engaged in that conduct with knowledge of the character and content of the material or the performance produced, directed, or participated in. The fact that the person who was employed, used, or otherwise contained in the pornographic material or performance, was at that time, a minor, is prima facie evidence that the defendant knew the person to be a minor.


(4) Promoting child abuse in the first degree is a class A felony.


CREDIT(S)


Laws 1978, ch. 214, § 1; Laws 1982, ch. 218, § 1; Laws 1986, ch. 314, § 58; Laws 1988, ch. 91, § 1; Laws 1997, ch. 363, § 1; Laws 2002, ch. 200, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-751

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VI]. [Child Abuse] (Refs & Annos)

§ 707-751. Promoting child abuse in the second degree


(1) A person commits the offense of promoting child abuse in the second degree if, knowing or having reason to know its character and content, the person:


(a) Disseminates child pornography;


(b) Reproduces child pornography with intent to disseminate;


(c) Disseminates any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography;


(d) Disseminates any pornographic material which employs, uses, or otherwise contains a minor engaging in or assisting others to engage in sexual conduct; or


(e) Possesses thirty or more images of any form of child pornography, and the content of at least one image contains one or more of the following:


(i) A minor who is younger than the age of twelve;


(ii) Sadomasochistic abuse of a minor; or


(iii) Bestiality involving a minor.


(2) As used in this section:


“Child pornography” means any pornographic visual representation, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexual conduct, if:


(a) The pornographic production of such visual representation involves the use of a minor engaging in sexual conduct; or


(b) The pornographic visual representation has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct.


“Community standards” means the standards of the State.


“Computer” shall have the same meaning as in section 708-890.


“Disseminate” means to publish, sell, distribute, transmit, exhibit, present material, mail, ship, or transport by any means, including by computer, or to offer or agree to do the same.


“Lascivious” means tending to incite lust, to deprave the morals in respect to sexual relations, or to produce voluptuous or lewd emotions in the average person, applying contemporary community standards.


“Material” means any printed matter, visual representation, or sound recording and includes, but is not limited to, books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, and tape or wire recordings.


“Minor” means any person less than eighteen years old.


“Pornographic” shall have the same meaning as in section 712-1210.


“Sadomasochistic abuse” means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.


“Sexual conduct” means acts of masturbation, homosexuality, lesbianism, bestiality, sexual penetration, deviate sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area of a minor.


“Visual representation” refers to, but is not limited to, undeveloped film and videotape, and data stored on computer disk or by electronic means that are capable of conversion into a visual image.


(3) The fact that a person engaged in the conduct specified by this section is prima facie evidence that the person engaged in that conduct with knowledge of the character and content of the material. The fact that the person who was employed, used, or otherwise contained in the pornographic material was at that time, a minor, is prima facie evidence that the defendant knew the person to be a minor.


(4) Promoting child abuse in the second degree is a class B felony.


CREDIT(S)


Laws 1978, ch. 214, § 2; Laws 1982, ch. 218, § 2; Laws 1986, ch. 314, § 59; Laws 1997, ch. 363, § 2; Laws 2002, ch. 200, § 3; Laws 2012, ch. 212, § 1, eff. July 3, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-752

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VI]. [Child Abuse] (Refs & Annos)

[§ 707-752]. Promoting child abuse in the third degree


(1) A person commits the offense of promoting child abuse in the third degree if, knowing or having reason to know its character and content, the person possesses:


(a) Child pornography;


(b) Any book, magazine, periodical, film, videotape, computer disk, electronically stored data, or any other material that contains an image of child pornography; or


(c) Any pornographic material that employs, uses, or otherwise contains a minor engaging in or assisting others to engage in sexual conduct.


(2) As used in this section:


“Child pornography” means any pornographic visual representation, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexual conduct, if:


(a) The pornographic production of the visual representation involves the use of a minor engaging in sexual conduct; or


(b) The pornographic visual representation has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct.


“Community standards” means the standards of the State.


“Computer” shall have the same meaning as in section 708-890.


“Lascivious” means tending to incite lust, to deprave the morals with respect to sexual relations, or to produce voluptuous or lewd emotions in the average person, applying contemporary community standards.


“Material” means any printed matter, visual representation, or sound recording and includes, but is not limited to, books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, and tape or wire recordings.


“Minor” means any person less than eighteen years old.


“Pornographic” shall have the same meaning as in section 712-1210.


“Sadomasochistic abuse” means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.


“Sexual conduct” means acts of masturbation, homosexuality, lesbianism, bestiality, sexual penetration, deviate sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area of a minor.


“Visual representation” includes but is not limited to undeveloped film and videotape and data stored on computer disk or by electronic means that are capable of conversion into a visual image.


(3) The fact that a person engaged in the conduct specified by this section is prima facie evidence that the person engaged in that conduct with knowledge of the character and content of the material. The fact that the person who was employed, used, or otherwise contained in the pornographic material was, at that time, a minor is prima facie evidence that the defendant knew the person to be a minor.


(4) Promoting child abuse in the third degree is a class C felony.


CREDIT(S)


Laws 2002, ch. 200, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-753

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VI]. [Child Abuse] (Refs & Annos)

[§ 707-753]. Affirmative defense to promoting child abuse


It shall be an affirmative defense to a charge of promoting child abuse in the third degree that the defendant:


(a) Possessed less than three images of child pornography; and


(b) Promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy thereof:


(i) Took reasonable steps to destroy each such image; or


(ii) Reported the matter to a law enforcement agency and afforded that agency access to each such image.


CREDIT(S)


Laws 2002, ch. 200, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-756

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VI]. [Child Abuse] (Refs & Annos)

§ 707-756. Electronic enticement of a child in the first degree


(1) Any person who, using a computer or any other electronic device:


(a) Intentionally or knowingly communicates:


(i) With a minor known by the person to be under the age of eighteen years;


(ii) With another person, in reckless disregard of the risk that the other person is under the age of eighteen years, and the other person is under the age of eighteen years; or


(iii) With another person who represents that person to be under the age of eighteen years;


(b) With the intent to promote or facilitate the commission of a felony:


(i) That is a murder in the first or second degree;


(ii) That is a class A felony; or


(iii) That is another covered offense as defined in section 846E-1,


agrees to meet with the minor, or with another person who represents that person to be a minor under the age of eighteen years; and


(c) Intentionally or knowingly travels to the agreed upon meeting place at the agreed upon meeting time,


is guilty of electronic enticement of a child in the first degree.


(2) Electronic enticement of a child in the first degree is a class B felony. Notwithstanding any law to the contrary, a person convicted of electronic enticement of a child in the first degree shall be sentenced to an indeterminate term of imprisonment as provided by law.


CREDIT(S)


Laws 2002, ch. 200, § 1; Laws 2006, ch. 80, § 2; Laws 2008, ch. 80, § 3, eff. May 16, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-757

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VI]. [Child Abuse] (Refs & Annos)

§ 707-757. Electronic enticement of a child in the second degree


(1) Any person who, using a computer or any other electronic device:


(a) Intentionally or knowingly communicates:


(i) With a minor known by the person to be under the age of eighteen years;


(ii) With another person, in reckless disregard of the risk that the other person is under the age of eighteen years, and the other person is under the age of eighteen years; or


(iii) With another person who represents that person to be under the age of eighteen years; and


(b) With the intent to promote or facilitate the commission of a felony, agrees to meet with the minor, or with another person who represents that person to be a minor under the age of eighteen years; and


(c) Intentionally or knowingly travels to the agreed upon meeting place at the agreed upon meeting time;


is guilty of electronic enticement of a child in the second degree.


(2) Electronic enticement of a child in the second degree is a class C felony. Notwithstanding any law to the contrary, if a person sentenced under this section is sentenced to probation rather than an indeterminate term of imprisonment, the terms and conditions of probation shall include, but not be limited to, a term of imprisonment of one year.


CREDIT(S)


Laws 2002, ch. 200, § 1; Laws 2006, ch. 80, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-758

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VI]. [Child Abuse] (Refs & Annos)

§ 707-758. Repealed by Laws 2002, ch. 240, § 11


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-759

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VI]. [Child Abuse] (Refs & Annos)

[§ 707-759]. Indecent electronic display to a child


(1) Any person who intentionally masturbates or intentionally exposes the genitals in a lewd or lascivious manner live over a computer online service, internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or other electronic device by:


(a) A minor known by the person to be under the age of eighteen years;


(b) Another person, in reckless disregard of the risk that the other person is under the age of eighteen years, and the other person is under the age of eighteen years; or


(c) Another person who represents that person to be under the age of eighteen years,


is guilty of indecent electronic display to a child.


(2) Indecent electronic display to a child is a misdemeanor.


CREDIT(S)


Laws 2008, ch. 80, § 1, eff. May 16, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-760

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VII]. Extortion

§ 707-760. Definitions


For the purposes of this part:


(1) “An extortionate means” is any means which involves the use, or an express or implicit threat of the use, of violence or other criminal means to cause harm to the person, reputation, or property of any person.


(2) “Creditor”, with reference to any given extension of credit, refers to any person making that extension of credit, or to any person claiming by, under, or through any person making that extension of credit.


(3) “Debtor”, with reference to any given extension of credit, refers to any person to whom that extension of credit is made, or to any person who guarantees the repayment of that extension of credit, or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person to whom that extension of credit is made to repay the same.


(4) “Repayment of any extension of credit” includes the repayment, satisfaction, or discharge in whole or in part of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.


(5) “To collect an extension of credit” means to induce in any way any person to make repayment thereof.


(6) “To extend credit” means to make or renew any loan or to enter into any agreement, tacit or express, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or will be deferred.


CREDIT(S)


Laws 1979, ch. 106, § 1; Laws 1980, ch. 232, § 38.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-761

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VII]. Extortion

§ 707-761. Extortionate extension of credit; prima facie evidence


(1) An extortionate extension of credit is any extension of credit with respect to which it is the understanding of the creditor and the debtor at the time it is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person.


(2) In any prosecution under this part, if it is shown that all of the following factors were present in connection with the extension of credit in question, there is prima facie evidence that the extension of credit was extortionate, but this section is nonexclusive and in no way limits the effect or applicability of subsection (1):


(a) The repayment of the extension of credit, or the performance of any promise given in consideration thereof, would be unenforceable, through civil judicial processes against the debtor:


(i) In the jurisdiction within which the debtor, if a natural person, resided; or


(ii) In every jurisdiction within which the debtor, if other than a natural person, was incorporated or qualified to do business at the time the extension of credit was made;


(b) The extension of credit was made at a rate of interest in excess of a yearly rate of forty-five per cent calculated according to the actuarial method of allocating payments made on a debt between principal and interest, pursuant to which payment is applied first to the accumulated interest and the balance applied to the unpaid principal;


(c) At the time the extension of credit was made, the debtor reasonably believed that either:


(i) One or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means, or the nonrepayment thereof had been punished by extortionate means; or


(ii) The creditor had a reputation for the use of extortionate means to collect extensions of credit or to punish the nonrepayment thereof;


(d) Upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstanding, including any unpaid interest or similar charges, exceeded $100.


(3) In any prosecution under this part, if evidence has been introduced tending to show the existence of any of the circumstances described in subparagraph (2)(a) or (2)(b) of this section, and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing the understanding of the debtor and the creditor at the time the extension of credit was made, the court may in its discretion allow evidence to be introduced tending to show the reputation as to collection practices of the creditor in any community of which the debtor was a member at the time of the extension.


CREDIT(S)


Laws 1979, ch. 106, § 1; Laws 1980, ch. 232, § 38.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-762

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VII]. Extortion

[§ 707-762]. Financing extortionate extensions of credit


“Financing extortionate extensions of credit” includes wilfully advancing money or property, whether as a gift, as a loan, as an investment, pursuant to a partnership or profit-sharing agreement, or otherwise to any person, with reasonable grounds to believe that it is the intention of that person to use the money or property so advanced directly or indirectly for the purpose of making extortionate extensions of credit.


CREDIT(S)


Laws 1979, ch. 106, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-763

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VII]. Extortion

§ 707-763. Collection of extensions of credit by extortionate means


(1) “Collection of extensions of credit by extortionate means” includes knowingly participating in any way, or conspiring to do so, in the use of any extortionate means:


(a) To collect or attempt to collect any extension of credit; or


(b) To punish any person for the nonrepayment thereof.


(2) In any prosecution under this part, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means or that the nonrepayment thereof was punished by extortionate means.


(3) In any prosecution under this part, if evidence has been introduced tending to show the existence, at the time the extension of credit in question was made, of the circumstances described in subsection (2)(a) or subsection (2)(b) of section 707-761 and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing that words or other means of communication, shown to have been employed as a means of collection, in fact carried an express or implicit threat, the court may in its discretion allow evidence to be introduced tending to show the reputation of the defendant in any community of which the person against whom the alleged threat was made was a member at the time of collection or attempt at collection.


CREDIT(S)


Laws 1979, ch. 106, § 1; Laws 1980, ch. 232, § 39.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-764

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VII]. Extortion

§ 707-764. Extortion


A person commits extortion if the person does any of the following:


(1) Obtains, or exerts control over, the property, labor, or services of another with intent to deprive another of property, labor, or services by threatening by word or conduct to:


(a) Cause bodily injury in the future to the person threatened or to any other person;


(b) Cause damage to property or cause damage, as defined in section 708-890, to a computer, computer system, or computer network;


(c) Subject the person threatened or any other person to physical confinement or restraint;


(d) Commit a penal offense;


(e) Accuse some person of any offense or cause a penal charge to be instituted against some person;


(f) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt, or ridicule, or to impair the threatened person's credit or business repute;


(g) Reveal any information sought to be concealed by the person threatened or any other person;


(h) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense;


(i) Take or withhold action as a public servant, or cause a public servant to take or withhold such action;


(j) Bring about or continue a strike, boycott, or other similar collective action, to obtain property that is not demanded or received for the benefit of the group that the defendant purports to represent;


(k) Destroy, conceal, remove, confiscate, or possess any actual or purported passport, or any other actual or purported government identification document, or other immigration document, of another person; or


(l) Do any other act that would not in itself substantially benefit the defendant but that is calculated to harm substantially some person with respect to the threatened person's health, safety, business, calling, career, financial condition, reputation, or personal relationships;


(2) Intentionally compels or induces another person to engage in conduct from which another has a legal right to abstain or to abstain from conduct in which another has a legal right to engage by threatening by word or conduct to do any of the actions set forth in paragraph (1)(a) through (l); or


(3) Makes or finances any extortionate extension of credit, or collects any extension of credit by extortionate means.


CREDIT(S)


Laws 1979, ch. 106, § 1; Laws 2001, ch. 33, § 3; Laws 2008, ch. 147, § 4, eff. June 6, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-765

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VII]. Extortion

§ 707-765. Extortion in the first degree


(1) A person commits the offense of extortion in the first degree if the person commits extortion:


(a) Of property, labor, or services the value of which exceeds $200 in total during any twelve-month period; or


(b) By making or financing any extortionate extension of credit, or by collecting any extension of credit by extortionate means.


(2) Extortion in the first degree is a class B felony.


CREDIT(S)


Laws 1979, ch. 106, § 1; Laws 1984, ch. 90, § 1; Laws 2008, ch. 147, § 5, eff. June 6, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-766

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VII]. Extortion

§ 707-766. Extortion in the second degree


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


(a) Of property, labor, or services the value of which exceeds $50 during any twelve-month period; or


(b) As set forth in section 707-764(2).


(2) Extortion in the second degree is a class C felony.


CREDIT(S)


Laws 1979, ch. 106, § 1; Laws 1993, ch. 28, § 1; Laws 2008, ch. 147, § 6, eff. June 6, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-767

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VII]. Extortion

§ 707-767. Extortion in the third degree


(1) A person commits the offense of extortion in the third degree if the person commits extortion of property, labor, or services.


(2) Extortion in the third degree is a misdemeanor.


CREDIT(S)


Laws 1979, ch. 106, § 1; Laws 1984, ch. 90, § 1; Laws 2008, ch. 147, § 7, eff. June 6, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-768

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VII]. Extortion

[§ 707-768]. Firearms, explosives, and dangerous weapons


Extortion in any degree is a class A felony when a firearm, explosive, or any dangerous weapon is immediately available and is physically used as part of the threat.


CREDIT(S)


Laws 1979, ch. 106, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-769

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VII]. Extortion

§ 707-769. Defenses to extortion


(1) It is a defense to a prosecution for extortion as defined by paragraph (1) of section 707-764 that the defendant:


(a) Was unaware that the property or service was that of another; or


(b) Believed that the defendant was entitled to the property or services under a claim or right or that the defendant was authorized, by the owner or by law, to obtain or exert control as the defendant did.


(2) If the owner of the property is the defendant's spouse or reciprocal beneficiary, it is a defense to a prosecution for extortion under paragraph (1) of section 707-764 that:


(a) The property which is obtained or over which unauthorized control is exerted constitutes household belongings; and


(b) The defendant and the defendant's spouse or reciprocal beneficiary were living together at the time of the conduct.


(3) “Household belongings” means furniture, personal effects, vehicles, or money or its equivalent in amounts customarily used for household purposes, and other property usually found in and about the common dwelling and accessible to its occupants.


(4) It is an affirmative defense to a prosecution for extortion as defined in paragraphs (1) and (2) of section 707-764 and as further defined by subparagraphs (e), (f), (g), and (i), that the defendant believed the threatened accusation, penal charge, or exposure to be true, or the proposed action of a public servant was justified, and that the defendant's sole intention was to compel or induce the victim to give property or services to the defendant due the defendant as restitution or indemnification for harm done, or as compensation for property obtained or lawful services performed, or to induce the victim to take reasonable action to prevent or to remedy the wrong which was the subject of the threatened accusation, charge, exposure, or action of a public servant in circumstances to which the threat relates.


(5) In a prosecution for extortion as defined in paragraph (1) of section 707-764, it is not a defense that the defendant has an interest in the property if the owner has an interest in the property to which the defendant is not entitled.


CREDIT(S)


Laws 1979, ch. 106, § 1; Laws 1984, ch. 90, § 1; Laws 1997, ch. 383, § 68.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-780

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VIII. Labor Trafficking

[§ 707-780]. Definitions


As used in this part:


“Deadly force” has the same meaning as in section 703-300.


“Force” has the same meaning as in section 703-300.


“Labor” means work of economic or financial value. Prostitution-related and obscenity-related activities as set forth in chapter 712 are not forms of “labor” under this part.


“Services” means a relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor or a third party. Prostitution-related and obscenity-related activities as set forth in chapter 712 are not forms of “services” under this part.


“Unlawful force” has the same meaning as in section 703-300.


“Venture” means a business relationship between two or more parties to undertake economic activity together.


“Victim” means the person against whom an offense specified in section 707-781 or 707-782 has been committed.


CREDIT(S)


Laws 2011, ch. 146, § 1, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-781

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VIII. Labor Trafficking

[§ 707-781]. Labor trafficking in the first degree


(1) A person commits the offense of labor trafficking in the first degree if the person intentionally or knowingly provides or obtains, or attempts to provide or obtain, another person for labor or services by any of the following means committed against the other person:


(a) Any of the acts constituting extortion as described in section 707-764, except that for purposes of this paragraph “labor” and “services” shall be as defined in section 707-780;


(b) The acts constituting kidnapping as described in section 707-720(1)(a) through (g), except that for purposes of this paragraph “labor” and “services” shall be as defined in section 707-780;


(c) The acts described in section 707-721(1) or 707-722, relating to unlawful imprisonment;


(d) The acts described in section 707-730, 707-731, or 707-732, relating to sexual assault in the first, second, or third degree;


(e) Force, deadly force, or unlawful force;


(f) The acts described in the definition of deception pursuant to section 708-800, or fraud, which means making material false statements, misstatements, or omissions to induce or maintain the person to engage or continue to engage in the labor or services;


(g) Requiring that labor or services be performed to retire, repay, or service a real or purported debt, if performing the labor or services is the exclusive method allowed to retire, repay, or service the debt and the indebted person is required to repay the debt with direct labor in place of currency; provided that this shall not include labor or services performed by a child for the child's parent or guardian;


(h) The acts described in either section 707-710, 707-711, or 707-712, relating to assault;


(i) Withholding any of the person's government-issued identification documents with the intent to impede the movement of the person;


(j) Using any scheme, plan, or pattern intended to cause the person to believe that if the person did not perform the labor or services, then the person or a friend or a member of the person's family would suffer serious harm, serious financial loss, or physical restraint; or


(k) Using or threatening to use any form of domination, restraint, or control over the person which, given the totality of the circumstances, would have the reasonably foreseeable effect of causing the person to engage in or to remain engaged in the labor or services.


(2) Labor trafficking in the first degree is a class A felony.


CREDIT(S)


Laws 2011, ch. 146, § 1, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-782

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VIII. Labor Trafficking

[§ 707-782]. Labor trafficking in the second degree


(1) A person commits the offense of labor trafficking in the second degree if the person knowingly:


(a) Acts as an individual or uses a licensed business or business enterprise to aid another in a venture knowing that the other person in that venture is committing the offense of labor trafficking in the first degree; or


(b) Benefits, financially or by receiving something of value, from participation in a venture knowing or in reckless disregard of the fact that another person has engaged in any act described in paragraph (a) in the course of that venture or that another person in that venture is committing the offense of labor trafficking in the first degree.


(2) Labor trafficking in the second degree is a class B felony; provided that if a violation of subsection (1) involves kidnapping or an attempt to kidnap, sexual assault in the first, second, or third degree, or the attempt to commit sexual assault in the first, second, or third degree, or an attempt to cause the death of a person, or if a death results, the offense shall be a class A felony.


(3) Upon conviction of a defendant for an offense under subsection (1), the court shall also order that any and all business licenses issued by the State be revoked for the business or enterprise that the defendant used to aid in the offense of labor trafficking in the second degree; provided that the court, in its discretion, may reinstate a business license upon petition to the court by any remaining owner or partner of the business or enterprise who was not convicted of an offense under this section or section 707-781.


CREDIT(S)


Laws 2011, ch. 146, § 1, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-783

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VIII. Labor Trafficking

[§ 707-783]. Additional sentencing considerations; victims held in servitude


In addition to the factors set forth in sections 706-606 and 706-621, when determining the particular sentence to be imposed on a defendant convicted under section 707-781 or 707-782, the court shall consider:


(a) The time for which the victim was held in servitude; and


(b) The number of victims involved in the offense for which the defendant is convicted.


CREDIT(S)


Laws 2011, ch. 146, § 1, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-784

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VIII. Labor Trafficking

[§ 707-784]. Extended terms of imprisonment; labor trafficking offenses


If a person is found guilty of a violation under section 707-781 or 707-782 and the victim of the offense suffered bodily injury, the person may be sentenced to an extended indeterminate term of imprisonment as described in this section. Subject to the procedures set forth in section 706-664, the court may impose, in addition to the indeterminate term of imprisonment provided for the grade of offense, an additional indeterminate term of imprisonment as follows:


(a) Bodily injury--an additional two years of imprisonment;


(b) Substantial bodily injury--an additional five years of imprisonment;


(c) Serious bodily injury--an additional fifteen years of imprisonment; or


(d) If death results, the defendant shall be sentenced in accordance with the homicide statute relevant for the level of criminal intent.


When ordering an extended term sentence, the court shall impose the maximum length of imprisonment. The minimum length of imprisonment for an extended term sentence under paragraph (a), (b), (c), or (d) shall be determined by the Hawaii paroling authority in accordance with section 706-669.


CREDIT(S)


Laws 2011, ch. 146, § 1, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-785

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VIII. Labor Trafficking

[§ 707-785]. Restitution for victims of labor trafficking


(1) In addition to any other penalty, and notwithstanding a victim's failure to request restitution under section 706-646(2), the court shall order restitution to be paid to the victim, consisting of an amount that is the greater of:


(a) The total gross income or value to the defendant of the victim's labor or services; or


(b) The value of the victim's labor or services, as guaranteed under the minimum wage provisions of chapter 387 or the Fair Labor Standards Act of 1938, Public Law 75-718, Title 29 United States Code sections 201 through 219, inclusive, whichever is greater.


(2) The return of the victim to the victim's home country or other absence of the victim from the jurisdiction shall not relieve the defendant of the defendant's restitution obligation.


CREDIT(S)


Laws 2011, ch. 146, § 1, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-786

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VIII. Labor Trafficking

[§ 707-786]. Nonpayment of wages


(1) A person commits the offense of nonpayment of wages if the person, in the capacity as an employer of an employee, intentionally or knowingly or with intent to defraud fails or refuses to pay wages to the employee, except where required by federal or state statute or by court process. In addition to any other penalty, a person convicted of nonpayment of wages shall be fined not less than $2,000 nor more than $10,000 for each offense.


(2) Nonpayment of wages is:


(a) A class C felony, if the amount owed to the employee is equal to or greater than $2,000 or if the defendant convicted of nonpayment of wages falsely denies the amount or validity of the wages owed; or


(b) A misdemeanor, if the amount owed to the employee is less than $2,000.


(3) A person commits a separate offense under this section for each pay period during which the employee earned wages that the person failed or refused to pay the employee. If no set pay periods were agreed upon between the person and the employee at the time the employee commenced the work, then each “pay period” shall be deemed to be bi-weekly.


(4) In addition to any other penalty, the court shall order restitution to be paid to the employee, consisting of an amount that is the greater of:


(a) The wages earned by the employee that were unpaid by the person convicted of nonpayment of wages; or


(b) The value of the employee's labor or services, as guaranteed under the minimum wage provisions of chapter 387 or the Fair Labor Standards Act of 1938, Public Law 75-718, Title 29 United States Code sections 201 through 219, inclusive, whichever is greater.


(5) An employee who is the victim of nonpayment of wages may bring a civil action to recover all wages owed by the defendant convicted of nonpayment of wages.


(6) For purposes of this section:


“Employee” means any person working for another for hire, including an individual employed in domestic service or at a family's or person's home, any individual employed by the individual's spouse, or by an independent contractor.


“Person” includes any individual, partnership, association, joint-stock company, trust, corporation, the personal representative of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, employing any persons, but shall not include the United States.


“Wages” means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation.


CREDIT(S)


Laws 2011, ch. 146, § 1, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 707-787

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 707. Offenses Against the Person (Refs & Annos)

[Part VIII. Labor Trafficking

[§ 707-787]. Unlawful conduct with respect to documents


(1) A person commits unlawful conduct with respect to documents if the person knowingly:


(a) Destroys, conceals, removes, confiscates, or possesses any actual or purported government identification document of another person:


(i) In the course of a violation or attempt to commit an offense under section 707-781 or 707-782; or


(ii) To prevent or restrict, or in an attempt to prevent or restrict, without lawful authority, the ability of the other person to move or travel in order to maintain the labor or services of the other person, when the person is or has been the victim of an offense under section 707-781 or 707-782; or


(b) Destroys, conceals, removes, or confiscates any actual or purported government identification document of an employee.


(2) Unlawful conduct with respect to documents is a class C felony.


CREDIT(S)


Laws 2011, ch. 146, § 1, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-800

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part I. General Provisions Relating to Offenses Against Property Rights

§ 708-800. Definitions of terms in this chapter


In this chapter, unless a different meaning plainly is required, the following definitions apply.


“Agricultural equipment, supplies, or products” mean any agricultural equipment, supplies, or commercial agricultural products or commodities raised, grown, or maintained by a commercial agricultural enterprise or research agency while owned by the enterprise or agency.


“Apartment building” means any structure containing one or more dwelling units which is not a hotel or a single-family residence.


“Aquacultural equipment, supplies, or products” means any equipment, supplies, products, or commodities used, raised, grown, or maintained for the production of fish, shellfish, mollusk, crustacean, algae, or other aquatic plant or animal by an aquaculture enterprise or research agency while owned by the enterprise or agency.


“Building” includes any structure, and the term also includes any vehicle, railway car, aircraft, or watercraft used for lodging of persons therein; each unit of a building consisting of two or more units separately secured or occupied is a separate building.


“Cable operator” means any person who provides cable television service by means of a set of closed transmission paths and associated signal generation, reception, and control equipment designed to deliver such programming to multiple subscribers.


“Cable television service” means one-way transmission of programming provided by, or generally considered comparable to programming provided by, a television broadcast station or other information made available by a cable operator to all subscribers generally.


“Cable television service device” means any mechanical or electronic instrument, apparatus, equipment or device which can be used to obtain cable television services without payment of applicable charges therefor. A “cable television service device” does not include any instrument, apparatus, equipment, device, facility or any component thereof furnished by a cable operator in the ordinary course of its business.


“Cardholder” means the person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer.


“Confidential personal information” means information in which an individual has a significant privacy interest, including but not limited to a driver's license number, a social security number, an identifying number of a depository account, a bank account number, a password or other information that is used for accessing information, or any other name, number, or code that is used, alone or in conjunction with other information, to confirm the identity of a person.


“Control over the property” means the exercise of dominion over the property and includes, but is not limited to, taking, carrying away, or possessing the property, or selling, conveying, or transferring title to or an interest in the property.


“Credit card” means any instrument or device, whether known as a credit card, credit plate, debit card, electronic benefits transfer card, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, or anything else of value.


“Dealer” means a person in the business of buying and selling goods.


“Deception” occurs when a person knowingly:


(1) Creates or confirms another's impression which is false and which the defendant does not believe to be true;


(2) Fails to correct a false impression which the person previously has created or confirmed;


(3) Prevents another from acquiring information pertinent to the disposition of the property involved;


(4) Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is or is not a matter of official record; or


(5) Promises performance which the person does not intend to perform or knows will not be performed, but a person's intention not to perform a promise shall not be inferred from the fact alone that the person did not subsequently perform the promise.


The term “deception” does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. “Puffing” means an exaggerated commendation of wares or services in communications addressed to the public or to a class or group.


“Deprive” means:


(1) To withhold property or cause it to be withheld from a person permanently or for so extended a period or under such circumstance that a significant portion of its economic value, or of the use and benefit thereof, is lost to the person; or


(2) To dispose of the property so as to make it unlikely that the owner will recover it; or


(3) To retain the property with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return; or


(4) To sell, give, pledge, or otherwise transfer any interest in the property; or


(5) To subject the property to the claim of a person other than the owner.


“Distributes” means to sell, transfer, give or deliver to another, or to leave, barter, or exchange with another, or to offer or agree to do the same.


“Dwelling” means a building which is used or usually used by a person for lodging.


“Encoding” means making, changing, altering, erasing, adding, creating, or manipulating a credit card number electronically, or magnetically, or both.


“Enter or remain unlawfully” means to enter or remain in or upon premises when the person is not licensed, invited, or otherwise privileged to do so. A person who, regardless of the person's intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated to the person by the owner of the premises or some other authorized person. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public.


“Expired credit card” means a credit card which is no longer valid because the term shown on the credit card has elapsed.


“Financial institution” means a bank, trust company, insurance company, credit union, safety deposit company, savings and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.


“Government” means the United States, or any state, county, municipality, or other political unit within territory belonging to the United States, or any department, agency, or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government, or any corporation or agency formed pursuant to interstate compact or international treaty. As used in this definition “state” includes any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.


“Hotel” means a structure in which a majority of the tenants are roomers or boarders.


“Intent to defraud” means:


(1) An intent to use deception to injure another's interest which has value; or


(2) Knowledge by the defendant that the defendant is facilitating an injury to another's interest which has value.


“Issuer” means the business organization or financial institution which issues a credit card or its agent.


“Master key” means a key which will operate two or more locks to different apartments, offices, hotel rooms, or motel rooms in a common physical location.


“Obtain” means:


(1) When used in relation to property, to bring about a transfer of possession or other interest, whether to the obtainer or to another; and


(2) When used in relation to services, to secure the performance of services.


“Owner” means a person, other than the defendant, who has possession of or any other interest in, the property involved, even though that possession or interest is unlawful; however, a secured party is not an owner in relation to a defendant who is a debtor with respect to property in which the secured party has only a security interest.


“Personal information” means information associated with an actual person or a fictitious person that is a name, an address, a telephone number, an electronic mail address, a driver's license number, a social security number, an employer, a place of employment, information related to employment, an employee identification number, a mother's maiden name, an identifying number of a depository account, a bank account number, a password used for accessing information, or any other name, number, or code that is used, alone or in conjunction with other information, to confirm the identity of an actual or a fictitious person.


“Premises” includes any building and any real property.


“Property” means any money, personal property, real property, thing in action, evidence of debt or contract, or article of value of any kind. Commodities of a public utility nature such as gas, electricity, steam, and water constitute property, but the supplying of such a commodity to premises from an outside source by means of wires, pipes, conduits, or other equipment shall be deemed a rendition of a service rather than a sale or delivery of property.


“Property of another” means property which any person, other than the defendant, has possession of or any other interest in, even though that possession or interest is unlawful; however, a security interest is not an interest in property, even if title is in the secured party pursuant to the security agreement.


“Receives” or “receiving” includes but is not limited to acquiring possession, control, or title, and taking a security interest in the property.


“Revoked credit card” means a credit card which is no longer valid because permission to use the credit card has been suspended or terminated by the issuer.


“Services” includes but is not limited to labor, professional services, transportation, telephone or other public services, accommodation in hotels, restaurants or elsewhere, admission to exhibitions, and the supplying of equipment for use.


“Stolen” means obtained by theft or robbery.


“Telecommunication service” means the offering of transmission between or among points specified by a user, of information of the user's choosing, including voice, data, image, graphics, and video without change in the form or content of the information, as sent and received, by means of electromagnetic transmission, or other similarly capable means of transmission, with or without benefit of any closed transmission medium, and does not include cable service as defined in section 440G-3.


“Telecommunication service device” means any mechanical or electronic instrument, apparatus, equipment, or device which can be used to obtain telecommunication services without payment of applicable charges therefor and shall include any such device that is capable of, or has been altered, modified, programmed, or reprogrammed alone or in conjunction with another device or other equipment so as to be capable of acquiring or facilitating the acquisition of any electronic serial number, mobile identification number, personal identification number, or any telecommunication service without payment of the applicable charges therefor. A “telecommunication service device” includes telecommunication devices altered to obtain service without the consent of the telecommunication service provider, tumbler phones, counterfeit or clone microchips, scanning receivers of wireless telecommunication service of a telecommunication service provider, and other instruments capable of disguising their identity or location or of gaining access to a communications system operated by a telecommunication service provider. A “telecommunication service device” does not include any telephone or telegraph instrument, equipment, device, facility, or any component thereof furnished by a provider of telecommunication services in the ordinary course of its business nor any device operated by a law enforcement agency in the normal course of its activities.


“Telecommunication service provider” means any person that owns, operates, manages, or controls any facility used to furnish telecommunication services for profit to the public, or to classes of users as to be effectively available to the public, engaged in the provision of services, such as voice, data, image, graphics, and video services, that make use of all or part of their transmission facilities, switches, broadcast equipment, signalling, or control devices.


“Unauthorized control over property” means control over property of another which is not authorized by the owner.


“Widely dangerous means” includes explosion, flood, avalanche, collapse of building, poison gas, radioactive material, or any other material, substance, force, or means capable of causing potential widespread injury or damage.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 136, § 7(a); Laws 1974, ch. 55, § 2; Laws 1974, ch. 200, § 1; Laws 1978, ch. 221, § 1; Laws 1979, ch. 106, § 4; Laws 1984, ch. 90, § 1; Laws 1986, ch. 314, § 60; Laws 1987, ch. 268, § 1; Laws 1992, ch. 54, § 1; Laws 1993, ch. 218, § 2; Laws 1993, ch. 287, § 1; Laws 1996, ch. 222, § 2; Laws 1997, ch. 198, § 3; Laws 2002, ch. 45, § 1; Laws 2002, ch. 224, § 4; Laws 2005, ch. 182, § 2; Laws 2006, ch. 139, § 3; Laws 2006, ch. 156, § 2; Laws 2006, ch. 181, § 2; Laws 2011, ch. 208, § 1, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-801

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part I. General Provisions Relating to Offenses Against Property Rights

§ 708-801. Valuation of property or services


Whenever the value of property or services is determinative of the class or grade of an offense, or otherwise relevant to a prosecution, the following shall apply:


(1) Except as otherwise specified in this section, value means the market value of the property or services at the time and place of the offense, or the replacement cost if the market value of the property or services cannot be determined.


(2) Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertained market value, shall be evaluated as follows:


(a) The value of an instrument constituting an evidence of debt, such as a check, traveler's check, draft, or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof that has been satisfied;


(b) The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation shall be deemed the greatest amount of economic loss that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.


(3) When property or services have value but that value cannot be ascertained pursuant to the standards set forth above, the value shall be deemed to be an amount not exceeding $100.


(4) When acting intentionally or knowingly with respect to the value of property or services is required to establish an element of an offense, the value of property or services shall be prima facie evidence that the defendant believed or knew the property or services to be of that value. When acting recklessly with respect to the value of property or services is sufficient to establish an element of an offense, the value of the property or services shall be prima facie evidence that the defendant acted in reckless disregard of the value.


(5) When acting intentionally or knowingly with respect to the value of property or services is required to establish an element of an offense, it is a defense, which reduces the class or grade of the offense to a class or grade of offense consistent with the defendant's state of mind, that the defendant believed the valuation of the property or services to be less. When acting recklessly with respect to the value of property or services is required to establish an element of an offense, it is a defense that the defendant did not recklessly disregard a risk that the property was of the specified value.


(6) Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether the property taken be of one person or several persons, may be aggregated in determining the class or grade of the offense. Amounts involved in offenses of criminal property damage committed pursuant to one scheme or course of conduct, whether the property damaged be of one person or several persons, may be aggregated in determining the class or grade of the offense.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1987, ch. 175, § 1; Laws 1998, ch. 49, § 1; Laws 2006, ch. 230, § 34.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-802

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part I. General Provisions Relating to Offenses Against Property Rights

§ 708-802. Property recovered in offenses against property rights


Identification of an item of property recovered for violation of chapter 708, may be made by photographing the item and authentication of the content of the photograph. Such photograph shall be deemed competent evidence of the item photographed and admissible in any proceeding, hearing, or trial for violation of the chapter.


Provided, however, that nothing in this section shall be construed to limit or to restrict the application of Rule 901 of the Hawaii Rules of Evidence.


CREDIT(S)


Laws 1981, ch. 124, § 1; Laws 1990, ch. 194, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-803

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part I. General Provisions Relating to Offenses Against Property Rights

[§ 708-803]. Habitual property crime


(1) A person commits the offense of habitual property crime if the person is a habitual property crime perpetrator and commits a misdemeanor offense within this chapter.


(2) For the purposes of this section, “habitual property crime perpetrator” means a person who, within five years of the instant offense, has convictions for:


(a) Three felonies within this chapter;


(b) Three misdemeanors within this chapter; or


(c) Any combination of three felonies and misdemeanors within this chapter.


The convictions must have occurred on separate dates and be for separate incidents on separate dates.


(3) Habitual property crime is a class C felony.


(4) For a conviction under this section, the sentence shall be either:


(a) An indeterminate term of imprisonment of five years; or


(b) A term of probation of five years, with conditions to include but not be limited to one year of imprisonment.


CREDIT(S)


Laws 2004, ch. 49, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-810

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part II. Burglary and Other Offenses of Intrusion

§ 708-810. Burglary in the first degree


(1) A person commits the offense of burglary in the first degree if the person intentionally enters or remains unlawfully in a building, with intent to commit therein a crime against a person or against property rights, and:


(a) The person is armed with a dangerous instrument in the course of committing the offense; or


(b) The person intentionally, knowingly, or recklessly inflicts or attempts to inflict bodily injury on anyone in the course of committing the offense; or


(c) The person recklessly disregards a risk that the building is the dwelling of another, and the building is such a dwelling.


(2) An act occurs “in the course of committing the offense” if it occurs in effecting entry or while in the building or in immediate flight therefrom.


(3) Burglary in the first degree is a class B felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-811

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part II. Burglary and Other Offenses of Intrusion

§ 708-811. Burglary in the second degree


(1) A person commits the offense of burglary in the second degree if the person intentionally enters or remains unlawfully in a building with intent to commit therein a crime against a person or against property rights.


(2) Burglary in the second degree is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-812

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part II. Burglary and Other Offenses of Intrusion

§ 708-812. Possession of burglar's tools


(1) A person commits the offense of possession of burglar's tools if:


(a) The person knowingly possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking, and the person intends to use the explosive, tool, instrument, or article, or knows some person intends ultimately to use it, in the commission of the offense of the nature described aforesaid; or


(b) The person knowingly possesses any master key, unless authorized, and the person intends to use the master key or knows some person intends ultimately to use it, in the commission of an offense involving entry into premises or theft by a physical taking.


(2) Possession of burglar's tools is a misdemeanor.


(3) A master key taken in evidence shall be impounded by the court and returned to the owner of the locks or premises which the key operates.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1978, ch. 221, § 2; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-812.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part II. Burglary and Other Offenses of Intrusion

[§ 708-812.5]. Burglary offenses; intent to commit therein a crime against a person or against property rights


A person engages in conduct “with intent to commit therein a crime against a person or against property rights” if the person formed the intent to commit within the building a crime against a person or property rights before, during, or after unlawful entry into the building.


CREDIT(S)


Laws 2006, ch. 230, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-812.55

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part II. Burglary and Other Offenses of Intrusion

[§ 708-812.55]. Unauthorized entry in a dwelling in the first degree


(1) A person commits the offense of unauthorized entry in a dwelling in the first degree if the person intentionally or knowingly enters unlawfully into a dwelling and another person was, at the time of the entry, lawfully present in the dwelling who:


(a) Was sixty-two years of age or older;


(b) Was an incapacitated person; or


(c) Had a developmental disability.


(2) For the purposes of this section:


“Developmental disability” shall have the same meaning as in section 333E-2.


“Incapacitated person” shall have the same meaning as in section 560:5-102.


(3) Unauthorized entry in a dwelling in the first degree is a class B felony.


(4) It shall be an affirmative defense that reduces this offense to a misdemeanor that, at the time of the unlawful entry:


(a) There was a social gathering of invited guests at the dwelling the defendant entered;


(b) The defendant intended to join the social gathering as an invited guest; and


(c) The defendant had no intent to commit any unlawful act other than the entry.


CREDIT(S)


Laws 2011, ch. 187, § 2, eff. July 5, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-812.6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part II. Burglary and Other Offenses of Intrusion

§ 708-812.6. Unauthorized entry in a dwelling in the second degree


(1) A person commits the offense of unauthorized entry in a dwelling in the second degree if the person intentionally or knowingly enters unlawfully into a dwelling and another person was lawfully present in the dwelling.


(2) Unauthorized entry in a dwelling in the second degree is a class C felony.


(3) It shall be an affirmative defense that reduces this offense to a misdemeanor that, at the time of the unlawful entry:


(a) There was a social gathering of invited guests at the dwelling the defendant entered;


(b) The defendant intended to join the social gathering; and


(c) The defendant had no intent to commit any unlawful act other than the entry.


CREDIT(S)


Laws 2006, ch. 230, § 2; Laws 2011, ch. 187, § 3, eff. July 5, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-813

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part II. Burglary and Other Offenses of Intrusion

§ 708-813. Criminal trespass in the first degree


(1) A person commits the offense of criminal trespass in the first degree if:


(a) That person knowingly enters or remains unlawfully:


(i) In a dwelling; or


(ii) In or upon the premises of a hotel or apartment building;


(b) That person:


(i) Knowingly enters or remains unlawfully in or upon premises that are fenced or enclosed in a manner designed to exclude intruders; and


(ii) Is in possession of a firearm, as defined in section 134-1, at the time of the intrusion; or


(c) That person enters or remains unlawfully in or upon the premises of any public school as defined in section 302A-101, or any private school, after reasonable warning or request to leave by school authorities or a police officer; provided however, such warning or request to leave shall be unnecessary between 10:00 p.m. and 5:00 a.m.


(2) Criminal trespass in the first degree is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1974, ch. 55, § 1; Laws 1975, ch. 32, § 1; Laws 1981, ch. 177, § 1; Laws 1996, ch. 89, § 18; Laws 2000, ch. 200, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-814

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part II. Burglary and Other Offenses of Intrusion

§ 708-814. Criminal trespass in the second degree


(1) A person commits the offense of criminal trespass in the second degree if:


(a) The person knowingly enters or remains unlawfully in or upon premises that are enclosed in a manner designed to exclude intruders or are fenced;


(b) The person enters or remains unlawfully in or upon commercial premises after a reasonable warning or request to leave by the owner or lessee of the commercial premises, the owner's or lessee's authorized agent, or a police officer; provided that this paragraph shall not apply to any conduct or activity subject to regulation by the National Labor Relations Act.


For the purposes of this paragraph, “reasonable warning or request” means a warning or request communicated in writing at any time within a one-year period inclusive of the date the incident occurred, which may contain but is not limited to the following information:


(i) A warning statement advising the person that the person's presence is no longer desired on the property for a period of one year from the date of the notice, that a violation of the warning will subject the person to arrest and prosecution for trespassing pursuant to section 708-814(1)(b), and that criminal trespass in the second degree is a petty misdemeanor;


(ii) The legal name, any aliases, and a photograph, if practicable, or a physical description, including but not limited to sex, racial extraction, age, height, weight, hair color, eye color, or any other distinguishing characteristics of the person warned;


(iii) The name of the person giving the warning along with the date and time the warning was given; and


(iv) The signature of the person giving the warning, the signature of a witness or police officer who was present when the warning was given and, if possible, the signature of the violator;


(c) The person enters or remains unlawfully on agricultural lands without the permission of the owner of the land, the owner's agent, or the person in lawful possession of the land, and the agricultural lands:


(i) Are fenced, enclosed, or secured in a manner designed to exclude intruders;


(ii) Have a sign or signs displayed on the unenclosed cultivated or uncultivated agricultural land sufficient to give notice and reading as follows: “Private Property”. The sign or signs, containing letters not less than two inches in height, shall be placed along the boundary line of the land and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line; or


(iii) At the time of entry, are fallow or have a visible presence of livestock or a crop:


(A) Under cultivation;


(B) In the process of being harvested; or


(C) That has been harvested; or


(d) The person enters or remains unlawfully on unimproved or unused lands without the permission of the owner of the land, the owner's agent, or the person in lawful possession of the land, and the lands:


(i) Are fenced, enclosed, or secured in a manner designed to exclude the general public; or


(ii) Have a sign or signs displayed on the unenclosed, unimproved, or unused land sufficient to give reasonable notice and reads as follows: “Private Property--No Trespassing”, “Government Property--No Trespassing”, or a substantially similar message; provided that the sign or signs shall contain letters not less than two inches in height and shall be placed at reasonable intervals along the boundary line of the land and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line.


For the purposes of this paragraph, “unimproved or unused lands” means any land upon which there is no improvement; construction of any structure, building, or facility; or alteration of the land by grading, dredging, or mining that would cause a permanent change in the land or that would change the basic natural condition of the land. Land remains “unimproved or unused land” under this paragraph notwithstanding minor improvements, including the installation or maintenance of utility poles, signage, and irrigation facilities or systems; minor alterations undertaken for the preservation or prudent management of the unimproved or unused land, including the installation or maintenance of fences, trails, or pathways; maintenance activities, including forest plantings and the removal of weeds, brush, rocks, boulders, or trees; and the removal or securing of rocks or boulders undertaken to reduce risk to downslope properties.


(2) Criminal trespass in the second degree is a petty misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1974, ch. 49, § 1; Laws 1979, ch. 201, § 1; Laws 1980, ch. 232, § 40; Laws 1981, ch. 177, § 2; Laws 1984, ch. 90, § 1; Laws 1998, ch. 146, § 1; Laws 2004, ch. 50, § 2; Laws 2005, ch. 181, § 2; Laws 2005, ch. 212, § 3; Laws 2011, ch. 208, § 2, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-814.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part II. Burglary and Other Offenses of Intrusion

[§ 708-814.5]. Criminal trespass onto public parks and recreational grounds


(1) A person commits the offense of criminal trespass onto public parks and recreational grounds if the person remains unlawfully in or upon a public park or recreational ground after a request to leave is made by any law enforcement officer, when the request is based upon violation by the person of any term of use specified on a sign or notice posted on the property, or based on violation of any term of use contained in, or the expiration of, any permit relating to the person's presence on the property.


(2) For the purposes of this section, unless the context requires otherwise:


“Law enforcement officer” has the same meaning as in section 710-1000.


“Public park or recreational ground” means any park, park roadway, playground, athletic field, beach, shore, beach or shore right-of-way, tennis court, golf course, swimming pool, or other recreational area or facility under control, maintenance, and management of the State or any of the counties.


(3) Criminal trespass onto public parks and recreational grounds is a petty misdemeanor.


CREDIT(S)


Laws 2005, ch. 212, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-815

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part II. Burglary and Other Offenses of Intrusion

§ 708-815. Simple trespass


(1) A person commits the offense of simple trespass if the person knowingly enters or remains unlawfully in or upon premises.


(2) Simple trespass is a violation.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-816

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part II. Burglary and Other Offenses of Intrusion

§ 708-816. Defense to trespass


It is a defense to prosecution for trespass as a violation of sections 708-814 and 708-815 that the defendant entered upon and passed along or over established and well-defined roadways, pathways, or trails leading to public beaches over government lands, whether or not under lease to private persons.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-816.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part II. Burglary and Other Offenses of Intrusion

[§ 708-816.5]. Entry upon the premises of a facility utilized as a sex, child, or spouse abuse shelter; penalty


No person shall knowingly enter or remain unlawfully upon the premises of a facility utilized as a sex abuse, child abuse, or spouse abuse shelter after reasonable warning or request to leave by a member of the facility's staff.


Violation of this section is a misdemeanor.


CREDIT(S)


Laws 1993, ch. 12, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-817

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part II. Burglary and Other Offenses of Intrusion

[§ 708-817]. Burglary of a dwelling during a civil defense emergency or disaster relief period


(1) A person commits the offense of burglary of a dwelling during a civil defense emergency or disaster relief period if the person:


(a) Intentionally enters or remains unlawfully in a dwelling with intent to commit therein a crime against a person or against property rights; and


(b) Recklessly disregards a risk that the building is the dwelling of another, and the building is such a dwelling,


during the time of a civil defense emergency proclaimed by the governor pursuant to chapter 128, within the area covered by the civil defense emergency or during the period of disaster relief under chapter 127.


(2) Burglary of a dwelling during a civil defense emergency or disaster relief period is a class A felony.


CREDIT(S)


Laws 2006, ch. 116, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-818

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part II. Burglary and Other Offenses of Intrusion

[§ 708-818]. Burglary of a building during a civil defense emergency or disaster relief period


(1) A person commits the offense of burglary of a building during a civil defense emergency or disaster relief period if the person intentionally enters or remains unlawfully in a building other than a dwelling with intent to commit therein a crime against a person or against property rights during the time of a civil defense emergency proclaimed by the governor pursuant to chapter 128, within the area covered by the civil defense emergency or during the period of disaster relief under chapter 127.


(2) Burglary of a building during a civil defense emergency or disaster relief period is a class B felony.


CREDIT(S)


Laws 2006, ch. 116, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-820

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part III. Criminal Damage to Property

§ 708-820. Criminal property damage in the first degree


(1) A person commits the offense of criminal property damage in the first degree if by means other than fire:


(a) The person intentionally or knowingly damages property and thereby recklessly places another person in danger of death or bodily injury;


(b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $20,000;


(c) The person intentionally or knowingly damages the property of another during the time of a civil defense emergency proclaimed by the governor pursuant to chapter 128, within the area covered by the civil defense emergency or during the period of disaster relief under chapter 127; or


(d) The person intentionally or knowingly damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $1,500. In calculating the amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production.


(2) Criminal property damage in the first degree is a class B felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1996, ch. 170, § 1; Laws 2003, ch. 19, § 1; Laws 2006, ch. 116, § 5; Laws 2006, ch. 156, § 3; Laws 2006, ch. 181, § 3; Laws 2007, ch. 98, § 1, eff. July 1, 2007.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-821

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part III. Criminal Damage to Property

§ 708-821. Criminal property damage in the second degree


(1) A person commits the offense of criminal property damage in the second degree if by means other than fire:


(a) The person intentionally or knowingly damages the property of another, without the other's consent, by the use of widely dangerous means;


(b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $1,500; or


(c) The person intentionally or knowingly damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $500. In calculating the amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production.


(2) Criminal property damage in the second degree is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 136, § 7(b); Laws 1984, ch. 90, § 1; Laws 1996, ch. 170, § 2; Laws 2003, ch. 19, § 2; Laws 2006, ch. 156, § 4; Laws 2006, ch. 181, § 4; Laws 2007, ch. 98, § 2, eff. July 1, 2007.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-822

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part III. Criminal Damage to Property

§ 708-822. Criminal property damage in the third degree


(1) A person commits the offense of criminal property damage in the third degree if by means other than fire:


(a) The person recklessly damages the property of another, without the other's consent, by the use of widely dangerous means;


(b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $500; or


(c) The person intentionally damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $100. In calculating the amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production.


(2) Criminal property damage in the third degree is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 136, § 7(c); Laws 1984, ch. 90, § 1; Laws 1986, ch. 314, § 62; Laws 1996, ch. 170, § 3; Laws 2006, ch. 156, § 5; Laws 2006, ch. 181, § 5; Laws 2006, ch. 230, § 35; Laws 2007, ch. 98, § 3, eff. July 1, 2007.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-823

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part III. Criminal Damage to Property

§ 708-823. Criminal property damage in the fourth degree


(1) A person commits the offense of criminal property damage in the fourth degree if by means other than fire, the person intentionally or knowingly damages the property of another without the other's consent.


(2) Criminal property damage in the fourth degree is a petty misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 2006, ch. 181, § 6; Laws 2006, ch. 230, § 36.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-823.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part III. Criminal Damage to Property

§ 708-823.5. Aggravated criminal property damage


(1) A person commits the offense of aggravated criminal property damage if the person by means other than fire:


(a) Intentionally damages the property of another without the other's consent; and


(b) Has been convicted two or more times of an offense under section 708-822 or 708-823.


(2) For purposes of this section, “convicted two or more times” means that, at the time of the instant offense, the person had previously entered a plea of guilty or no contest or a judge or jury had previously returned a verdict of guilty against the person for two or more offenses committed on separate occasions.


(3) Aggravated criminal property damage is a misdemeanor.


CREDIT(S)


Laws 2005, ch. 187, § 1; Laws 2006, ch. 181, § 7; Laws 2007, ch. 196, § 2, eff. June 19, 2007.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-823.6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part III. Criminal Damage to Property

§ 708-823.6. Graffiti; sentencing


(1) Whenever a person is sentenced under section 708-821, 708-822, 708-823, or 708-823.5 for an offense in which the damage is caused by graffiti, in addition to any penalty prescribed by those sections, the person shall be required to:


(a) Remove the graffiti from the damaged property within thirty days of sentencing, if it has not already been removed and where consent from the respective property owner or owners has been obtained; and


(b) For a period of time not to exceed two years from the date of sentencing, along with any other person or persons who may be sentenced under this section for the same property, perform community service removing, within fourteen days, any graffiti applied to other property within two hundred fifty yards of the site of the offense for which the person was sentenced, where consent from the respective property owner or owners has been obtained, even if the property was damaged by another person;


provided that removal of graffiti shall not place the person or others in physical danger nor inconvenience the public.


(2) In lieu of performing graffiti removal pursuant to subsection (1), the court may require a person to perform one hundred hours of community service if the government agency that is responsible for supervising the graffiti removal lacks the necessary resources to ensure the person's compliance with subsection (1).


(3) For purposes of this section, “graffiti” means any unauthorized drawing, inscription, figure, or mark of any type intentionally created by paint, ink, chalk, dye, or similar substances.


CREDIT(S)


Laws 2010, ch. 99, § 1, eff. May 12, 2010; Laws 2011, ch. 156, § 1, eff. June 23, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-824

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part III. Criminal Damage to Property

§ 708-824. Failure to control widely dangerous means


(1) A person commits the offense of failure to control widely dangerous means if, knowing that widely dangerous means are endangering life or property, the person negligently fails to take measures to prevent or mitigate the danger and:


(a) The person knows that the person is under an official, contractual, or other legal duty to take measures to prevent, control, or mitigate the danger; or


(b) The means were employed by the person or with the person's assent, or on premises in the person's custody or control.


(2) Failure to control widely dangerous means is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-825

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part III. Criminal Damage to Property

§ 708-825. Criminal tampering; definitions of terms


In sections 708-826 and 708-827:


(1) To “tamper with” means to interfere improperly with something, meddle with it, or make unwarranted alterations in its existing condition;


(2) “Utility” means an enterprise which provides gas, electric, steam, water or communications services, and any common carrier; it may be either publicly or privately owned or operated.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-826

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part III. Criminal Damage to Property

§ 708-826. Criminal tampering in the first degree


(1) A person commits the offense of criminal tampering in the first degree if, and with intent to cause a substantial interruption or impairment of a service rendered to the public by a utility or by an institution providing health or safety protection, the person damages or tampers with, without the consent of the utility or institution, its property or facilities and thereby causes substantial interruption or impairment of service.


(2) Criminal tampering in the first degree is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-827

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part III. Criminal Damage to Property

§ 708-827. Criminal tampering in the second degree


(1) A person commits the offense of criminal tampering in the second degree if the person intentionally tampers with property of another person, without the other person's consent, with intent to cause substantial inconvenience to that person or to another.


(2) Criminal tampering in the second degree is a petty misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1996, ch. 256, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-828

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part III. Criminal Damage to Property

§ 708-828. Criminal use of a noxious substance


(1) A person commits the offense of criminal use of a noxious substance if the person knowingly deposits on the premises or in the vehicle of another, without the other's consent, any stink bomb or device, irritant, or offensive-smelling substance, with the intent to interfere with another's use of the premises or vehicle.


(2) Criminal use of a noxious substance is a petty misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-829

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part III. Criminal Damage to Property

§ 708-829. Criminal littering


(1) A person commits the offense of criminal littering if that person knowingly places, throws, or drops litter on any public or private property or in any public or private waters, except:


(a) In a place designated by the department of health or the county for the disposal of garbage and refuse;


(b) Into a litter receptacle;


(c) Into a litter bag; provided that the bag is disposed of properly into a litter receptacle or in a place designated by the department of health or the county for the disposal of garbage and refuse.


(2) “Litter” means rubbish, refuse, waste material, garbage, trash, offal, or debris of whatever kind or description, and whether or not it is of value, and includes improperly discarded paper, metal, plastic, glass, or solid waste.


(3) Criminal littering is a petty misdemeanor.


(4) The court shall sentence any person convicted of committing the offense of criminal littering as follows:


(a) For the first offense, the person shall spend four hours of either picking up litter on public property or performing community service;


(b) For any subsequent offense, the person shall spend eight hours of either picking up litter on public property or performing community service; and


(c) The court shall fine the person convicted of committing the offense of criminal littering at least $500, but not more than $1,000.


(5) It shall be an affirmative defense that the defendant had consent of the owner in control of the property.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1975, ch. 154, § 1; Laws 1979, ch. 60, § 5; Laws 1985, ch. 97, § 1; Laws 1992, ch. 116, § 3; Laws 2006, ch. 158, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-830

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

§ 708-830. Theft


A person commits theft if the person does any of the following:


(1) Obtains or exerts unauthorized control over property. A person obtains or exerts unauthorized control over the property of another with intent to deprive the other of the property.


(2) Property obtained or control exerted through deception. A person obtains, or exerts control over, the property of another by deception with intent to deprive the other of the property.


(3) Appropriation of property. A person obtains, or exerts control over, the property of another that the person knows to have been lost or mislaid or to have been delivered under a mistake as to the nature or amount of the property, the identity of the recipient, or other facts, and, with the intent to deprive the owner of the property, the person fails to take reasonable measures to discover and notify the owner.


(4) Obtaining services by deception. A person intentionally obtains services, known by the person to be available only for compensation, by deception, false token, or other means to avoid payment for the services. When compensation for services is ordinarily paid immediately upon the rendering of them, absconding without payment or offer to pay is prima facie evidence that the services were obtained by deception.


(5) Diversion of services. Having control over the disposition of services of another to which a person is not entitled, the person intentionally diverts those services to the person's own benefit or to the benefit of a person not entitled thereto.


(6) Failure to make required disposition of funds.


(a) A person intentionally obtains property from anyone upon an agreement, or subject to a known legal obligation, to make specified payment or other disposition, whether from the property or its proceeds or from the person's own property reserved in equivalent amount, and deals with the property as the person's own and fails to make the required payment or disposition. It does not matter that it is impossible to identify particular property as belonging to the victim at the time of the defendant's failure to make the required payment or disposition. A person's status as an officer or employee of the government or a financial institution is prima facie evidence that the person knows the person's legal obligations with respect to making payments and other dispositions. If the officer or employee fails to pay or account upon lawful demand, or if an audit reveals a falsification of accounts, it shall be prima facie evidence that the officer or employee has intentionally dealt with the property as the officer's or employee's own.


(b) A person obtains personal services from an employee upon agreement or subject to a known legal obligation to make a payment or other disposition of funds to a third person on account of the employment, and the person intentionally fails to make the payment or disposition at the proper time.


(7) Receiving stolen property. A person intentionally receives, retains, or disposes of the property of another, knowing that it has been stolen, with intent to deprive the owner of the property. It is prima facie evidence that a person knows the property to have been stolen if, being a dealer in property of the sort received, the person acquires the property for a consideration that the person knows is far below its reasonable value.


(8) Shoplifting.


(a) A person conceals or takes possession of the goods or merchandise of any store or retail establishment, with intent to defraud.


(b) A person alters the price tag or other price marking on goods or merchandise of any store or retail establishment, with intent to defraud.


(c) A person transfers the goods or merchandise of any store or retail establishment from one container to another, with intent to defraud.


The unaltered price or name tag or other marking on goods or merchandise, duly identified photographs or photocopies thereof, or printed register receipts shall be prima facie evidence of value and ownership of such goods or merchandise. Photographs of the goods or merchandise involved, duly identified in writing by the arresting police officer as accurately representing such goods or merchandise, shall be deemed competent evidence of the goods or merchandise involved and shall be admissible in any proceedings, hearings, and trials for shoplifting to the same extent as the goods or merchandise themselves.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1972, ch. 102, § 2; Laws 1974, ch. 39, § 1; Laws 1979, ch. 106, § 5; Laws 1984, ch. 90, § 1; Laws 2001, ch. 87, § 1; Laws 2006, ch. 230, § 37.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-830.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

§ 708-830.5. Theft in the first degree


(1) A person commits the offense of theft in the first degree if the person commits theft:


(a) Of property or services, the value of which exceeds $20,000;


(b) Of a firearm;


(c) Of dynamite or other explosive; or


(d) Of property or services during the time of a civil defense emergency proclaimed by the governor pursuant to chapter 128, within the area covered by the civil defense emergency or during the period of disaster relief under chapter 127, the value of which exceeds $300.


(2) Theft in the first degree is a class B felony.


CREDIT(S)


Laws 1986, ch. 314, § 63; Laws 1992, ch. 289, § 1; Laws 1993, ch. 14, § 1; Laws 2006, ch. 116, § 6.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-831

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

§ 708-831. Theft in the second degree


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


(a) Of property from the person of another;


(b) Of property or services the value of which exceeds $300;


(c) Of an aquacultural product or part thereof from premises that are fenced or enclosed in a manner designed to exclude intruders or there is prominently displayed on the premises a sign or signs sufficient to give notice and reading as follows: “Private Property”, “No Trespassing”, or a substantially similar message;


(d) Of agricultural equipment, supplies, or products, or part thereof, the value of which exceeds $100 but does not exceed $20,000, or of agricultural products that exceed twenty-five pounds, from premises that are fenced, enclosed, or secured in a manner designed to exclude intruders or there is prominently displayed on the premises a sign or signs sufficient to give notice and reading as follows: “Private Property”, “No Trespassing”, or a substantially similar message; or if at the point of entry of the premise, a crop is visible. The sign or signs, containing letters not less than two inches in height, shall be placed along the boundary line of the land in a manner and in such position as to be clearly noticeable from outside the boundary line. Possession of agricultural products without ownership and movement certificates, when a certificate is required pursuant to chapter 145, is prima facie evidence that the products are or have been stolen; or


(e) Of agricultural commodities that are generally known to be marketed for commercial purposes. Possession of agricultural commodities without ownership and movement certificates, when a certificate is required pursuant to section 145-22, is prima facie evidence that the products are or have been stolen; provided that “agriculture commodities” has the same meaning as in section 145-21.


(2) Theft in the second degree is a class C felony. A person convicted of committing the offense of theft in the second degree under [subsection (1)](c) and (d) shall be sentenced in accordance with chapter 706, except that for the first offense, the court may impose a minimum sentence of a fine of at least $1,000 or two-fold damages sustained by the victim, whichever is greater.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1972, ch. 102, § 1; Laws 1974, ch. 201, § 1; Laws 1975, ch. 158, § 1; Laws 1979, ch. 106, § 6; Laws 1981, ch. 68, § 1; Laws 1986, ch. 314, § 64; Laws 1987, ch. 176, § 2; Laws 1990, ch. 28, § 3; Laws 1992, ch. 54, § 2; Laws 1992, ch. 289, § 2; Laws 1993, ch. 218, § 3; Laws 1998, ch. 228, § 1; Laws 2005, ch. 182, § 3; Laws 2006, ch. 156, § 6; Laws 2012, ch. 125, § 6, eff. June 15, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-832

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

§ 708-832. Theft in the third degree


(1) A person commits the offense of theft in the third degree if the person commits theft:


(a) Of property or services the value of which exceeds $100; or


(b) Of gasoline, diesel fuel, or other related petroleum products used as propellants of any value not exceeding $300.


(2) Theft in the third degree is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1974, ch. 201, § 2; Laws 1974, ch. 242, § 2; Laws 1979, ch. 106, § 7; Laws 1986, ch. 314, § 65; Laws 2006, ch. 230, § 38.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-833

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

§ 708-833. Theft in the fourth degree


(1) A person commits the offense of theft in the fourth degree if the person commits theft of property or services of any value not in excess of $100.


(2) Theft in the fourth degree is a petty misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 314, § 66.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-833.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

§ 708-833.5. Shoplifting


A person convicted of committing the offense of shoplifting as defined in section 708-830 shall be sentenced as follows:


(1) In cases involving property the value or aggregate value of which exceeds $300: as a class C felony, provided that the minimum fine shall be four times the value or aggregate value involved;


(2) In cases involving property the value or aggregate value of which exceeds $100: as a misdemeanor, provided that the minimum fine shall be three times the value or aggregate value involved;


(3) In cases involving property the value or aggregate value of which is $100 or less: as a petty misdemeanor, provided that the minimum fine shall be twice the value or aggregate value involved;


(4) If a person has previously been convicted of committing the offense of shoplifting as defined in section 708-830, the minimum fine shall be doubled that specified in paragraphs (1), (2), and (3), respectively, as set forth above; provided in the event the convicted person defaults in payment of any fine, and the default was not contumacious, the court may sentence the person to community services as authorized by section 706-605(1)(e).


CREDIT(S)


Laws 1979, ch. 202, § 2; Laws 1982, ch. 233, § 1; Laws 1986, ch. 314, § 67.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-834

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

§ 708-834. Defenses: unawareness of ownership; claim of right; household belongings; co-interest not a defense


(1) It is a defense to a prosecution for theft that the defendant:


(a) Was unaware that the property or service was that of another; or


(b) Believed that the defendant was entitled to the property or services under a claim of right or that the defendant was authorized, by the owner or by law, to obtain or exert control as the defendant did.


(2) If the owner of the property is the defendant's spouse or reciprocal beneficiary, it is a defense to a prosecution for theft of property that:


(a) The property which is obtained or over which unauthorized control is exerted constitutes household belongings; and


(b) The defendant and the defendant's spouse or reciprocal beneficiary were living together at the time of the conduct.


(3) “Household belongings” means furniture, personal effects, vehicles, money or its equivalent in amounts customarily used for household purposes, and other property usually found in and about the common dwelling and accessible to its occupants.


(4) In a prosecution for theft, it is not a defense that the defendant has an interest in the property if the owner has an interest in the property to which the defendant is not entitled.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1979, ch. 106, § 8; Laws 1980, ch. 232, § 41; Laws 1984, ch. 90, § 1; Laws 1997, ch. 383, § 69.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-835

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

§ 708-835. Proof of theft offense


A charge of an offense of theft in any degree may be proved by evidence that it was committed in any manner that would be theft under section 708-830, notwithstanding the specification of a different manner in the indictment, information, or other charge, subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-835.4

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

[§ 708-835.4]. Unauthorized operation of a recording device in a motion picture theater


(1) A person commits the offense of unauthorized operation of a recording device in a motion picture theater if the person knowingly operates the audiovisual recording function of any device in a motion picture theater while a motion picture is being exhibited, without the consent of the motion picture theater owner.


(2) This section shall not prevent any lawfully authorized investigative, protective, law enforcement, or intelligence-gathering employee or agent of the local, state, or federal government, from operating any audiovisual recording device in a motion picture theater as part of lawfully authorized investigative, protective, law enforcement, or intelligence-gathering activities.


(3) Unauthorized operation of a recording device in a motion picture theater is a misdemeanor.


(4) For the purposes of this section:


“Audiovisual recording function” means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology.


“Motion picture theater” means a movie theater, screening room, or other venue in use primarily for the exhibition of a motion picture at the time of the offense.


CREDIT(S)


Laws 2005, ch. 59, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-835.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

§ 708-835.5. Theft of livestock


(1) A person commits the offense of theft of livestock if the person commits theft by:


(a) Having in the person's possession a live animal of the bovine, equine, swine, sheep, or goat species, or its carcass or meat, while in or upon premises that the person knowingly entered or remained unlawfully in or upon, and that are fenced or enclosed in a manner designed to exclude intruders; or


(b) Having in the person's possession a live animal, carcass, or meat in any other location.


(2) Possession of livestock without a livestock ownership and movement certificate, when a certificate is required pursuant to section 142-49, is prima facie evidence that the livestock is or has been stolen.


(3) Theft of livestock is a class C felony.


(4) A person convicted of committing the offense of theft of livestock shall be sentenced in accordance with chapter 706, except that for a first offense the court shall impose a minimum sentence of a fine of at least $1,000 or restitution, whichever is greater.


CREDIT(S)


Laws 1990, ch. 28, § 1; Laws 2005, ch. 182, § 4; Laws 2006, ch. 230, § 39.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-835.55

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

[§ 708-835.55]. Theft; agricultural product; sentencing


(1) Whenever a person is sentenced under sections 708-830.5, 708-831, 708-832, or 708-833, for an offense involving theft of an agricultural product or commodity, in addition to any penalty prescribed by those sections, the person shall be required to make payment to the property owner for:


(a) The value of the stolen agricultural product or commodity, pursuant to section 706-646; and


(b) The cost of replanting the agricultural product or commodity.


(2) For purposes of this section, “agricultural product or commodity” includes:


(a) Floricultural, horticultural, viticultural, aquacultural, forestry products or commodities; and


(b) Shrubbery, nuts, coffee, seeds, and other farm or plantation products or commodities,


whether for personal or commercial use.


CREDIT(S)


Laws 2012, ch. 125, § 1, eff. June 15, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-835.6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

[§ 708-835.6]. Telemarketing fraud


(1) A person commits the offense of telemarketing fraud if, with intent to defraud or misrepresent, that person obtains or attempts to obtain the transfer of possession, control, or ownership of the property of another through communications conducted at least in part by telephone and involving direct or implied claims that the person contacted:


(a) Will or is about to receive anything of value; or


(b) May be able to recover any losses suffered by the person contacted in connection with a prize promotion.


(2) Telemarketing fraud is a class B felony. In addition, any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit telemarketing fraud, or that facilitated or assisted this activity, shall be forfeited subject to chapter 712A.


(3) For purposes of this section, “telemarketing” means a plan, program, or campaign, including a prize promotion or investment opportunity, that:


(a) Is conducted to include the purchase of goods or services or to solicit funds or contributions by use of one or more telephones; and


(b) Involves more than one telephone call.


CREDIT(S)


Laws 2001, ch. 277, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-835.7

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

[§ 708-835.7]. Theft of copper


(1) A person commits the offense of theft of copper if the person commits theft of copper that weighs a pound or more, but not including legal tender of the United States.


(2) Theft of copper is a class C felony.


CREDIT(S)


Laws 2007, ch. 197, § 2, eff. July 1, 2007.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-835.8

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

[§ 708-835.8]. Theft of beer keg


(1) A person commits the offense of theft of beer keg if the person commits theft of a beer keg.


(2) For the purposes of this section, “beer keg” means a metal container used to hold five gallons or more of liquid that is stamped, engraved, stenciled, or otherwise marked with the name of a brewery manufacturer; provided that a deposit beverage container, as defined under section 342G-101, shall not be considered a beer keg.


(3) Theft of beer keg is a misdemeanor.


CREDIT(S)


Laws 2008, ch. 53, § 1, eff. July 1, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-836

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

§ 708-836. Unauthorized control of propelled vehicle


(1) A person commits the offense of unauthorized control of a propelled vehicle if the person intentionally or knowingly exerts unauthorized control over another's propelled vehicle by operating the vehicle without the owner's consent or by changing the identity of the vehicle without the owner's consent.


(2) “Propelled vehicle” means an automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle.


(3) It is an affirmative defense to a prosecution under this section that the defendant:


(a) Received authorization to use the vehicle from an agent of the owner where the agent had actual or apparent authority to authorize such use; or


(b) Is a lien holder or legal owner of the propelled vehicle, or an authorized agent of the lien holder or legal owner, engaged in the lawful repossession of the propelled vehicle.


(4) For the purposes of this section, “owner” means the registered owner of the propelled vehicle or the unrecorded owner of the vehicle pending transfer of ownership; provided that if there is no registered owner of the propelled vehicle or unrecorded owner of the vehicle pending transfer of ownership, “owner” means the legal owner.


(5) Unauthorized control of a propelled vehicle is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1974, ch. 38, § 1; Laws 1984, ch. 90, § 1; Laws 1996, ch. 195, § 2; Laws 1999, ch. 11, § 1; Laws 2001, ch. 87, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-836.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

§ 708-836.5. Unauthorized entry into motor vehicle in the first degree


(1) A person commits the offense of unauthorized entry into motor vehicle in the first degree if the person intentionally or knowingly enters or remains unlawfully in a motor vehicle, without being invited, licensed, or otherwise authorized to enter or remain within the vehicle, with the intent to commit a crime against a person or against property rights.


(2) Unauthorized entry into motor vehicle in the first degree is a class C felony.


CREDIT(S)


Laws 1996, ch. 87, § 2; Laws 2006, ch. 230, § 40.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-836.6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

[§ 708-836.6]. Unauthorized entry into motor vehicle in the second degree


(1) A person commits the offense of unauthorized entry into a motor vehicle in the second degree if the person intentionally or knowingly enters into a motor vehicle without being invited, licensed, or otherwise authorized to do so.


(2) Unauthorized entry into a motor vehicle in the second degree is a misdemeanor.


CREDIT(S)


Laws 2006, ch. 230, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-837

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

[§ 708-837]. Failure to return a rental motor vehicle; penalty


A person commits the offense of failure to return a rental motor vehicle when he intentionally does not return the motor vehicle to the person, or his agent, from whom the vehicle was rented within forty-eight hours after the time stated on the rental agreement, unless the person renting the vehicle gives notice that he will not be able to return the vehicle in the stated time and extends the time in which the vehicle will be returned.


Failure to return a rental motor vehicle is a misdemeanor.


CREDIT(S)


Laws 1973, ch. 63, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-837.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

[§ 708-837.5]. Failure to return leased or rented personal property; penalty


A person commits the offense of failure to return leased or rented personal property other than a rental motor vehicle, when he knowingly or intentionally does not return the leased or rented personal property to the person, or his agent, from whom the personal property was leased or rented within fourteen days after the return date stated in the lease or rental contract, unless the person leasing or renting the personal property gives notice that he will not be able to return the leased or rented personal property by the date stated and with the permission of the owner of the property or his agent extends the date by which the personal property will be returned.


Failure to return leased or rented personal property is a petty misdemeanor.


CREDIT(S)


Laws 1980, ch. 171, § 6.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-838

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

§ 708-838. Removal of identification marks


A person commits the offense of removal of identification marks if


(1) The person defaces, erases, or otherwise alters any serial number or identification mark placed or inscribed by the manufacturer, or


(2) The person knowingly, to conceal the true ownership of the property of another, defaces, erases, or otherwise alters any serial number or identification mark placed or inscribed


on any bicycle, movable or immovable construction tool or equipment, appliance, merchandise, or other article for the purpose of identifying the bicycle, movable or immovable tool or equipment, appliance, merchandise or other article or its component parts, with a value of more than $50. A person removes identification marks if the person attempts to or succeeds in erasing, defacing, altering, or removing a serial number or identification mark or part thereof, on the property of another.


Removal of identification marks is a misdemeanor.


CREDIT(S)


Laws 1973, ch. 72, § 2; Laws 1977, ch. 27, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-839

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

§ 708-839. Unlawful possession


It shall be unlawful for any person to possess any bicycle, movable construction tool or equipment, appliance, merchandise, or other article, or any part thereof


(1) Where the serial number or identification mark placed on the same by the manufacturer for the purpose of identification, or


(2) Knowing the serial number or identification mark placed on the same for the purpose of identification,


has been erased, altered, changed or removed for the purpose of changing the identity of the foregoing items.


Unlawful possession is a misdemeanor.


CREDIT(S)


Laws 1973, ch. 72, § 2; Laws 1977, ch. 27, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-839.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

[§ 708-839.5]. Theft of utility services


(1) For purposes of this section:


“Customer” means the person in whose name the utility service is provided.


“Divert” means to change the intended course or path of utility services without the authorization or consent of the utility.


“Person” means any individual, partnership, firm, association, corporation, or other legal entity.


“Reconnection” means the reconnection of utility service by a customer or other person after service has been lawfully disconnected by the utility.


“Utility” means any public utility as defined in section 269-1, that provides electricity, gas, or water services.


“Utility service” means the provision of electricity, gas, water, or any other service provided by the utility for compensation.


(2) A person commits the offense of theft of utility services if the person, with intent to obtain utility services for the person's own or another's use without paying the full lawful charge therefor, or with intent to deprive any utility of any part of the full lawful charge for utility services it provides, commits, authorizes, solicits, aids, or abets any of the following:


(a) Diverts, or causes to be diverted utility services, by any means whatsoever;


(b) Prevents any utility meter, or other device used in determining the charge for utility services, from accurately performing its measuring function;


(c) Makes or causes to be made any connection or reconnection with property owned or used by the utility to provide utility services, without the authorization or consent of the utility; or


(d) Uses or receives the direct benefit of all or a portion of utility services with knowledge or reason to believe that a diversion, prevention of accurate measuring function, or unauthorized connection existed at the time of use or that the use or receipt was otherwise without the authorization or consent of the utility.


(3) In any prosecution under this section, the presence of any of the following objects, circumstances, or conditions on premises controlled by the customer, or by the person using or receiving the direct benefit of all or a portion of utility services obtained in violation of this section, shall create a rebuttable presumption that the customer or person intended to and did violate this section:


(a) Any instrument, apparatus, or device primarily designed to be used to obtain utility services without paying the full lawful charge therefor; or


(b) Any meter that has been diverted or prevented from accurately performing its measuring function so as to cause no measurement or inaccurate measurement of utility services.


(4) A person commits the offense of theft of utility services in the first degree in cases where the theft:


(a) Accrues to the benefit of any commercial trade or business, including any commercial trade or business operating in a residence, home, or dwelling;


(b) Is obtained through the services of a person hired to commit the theft of utility services; in which event, both the person hired and the person responsible for the hiring shall be punished under this section as a class C felony; or


(c) Accrues to the benefit of a residence, home, or dwelling where the value of the theft of utility services exceeds $300.


Theft of utility services in the first degree is a class C felony, and shall be sentenced in accordance with chapter 706, except that for a first offense the court shall impose a minimum sentence of a fine of at least $1,000 or two times the value of the theft, whichever is greater.


(5) A person commits theft of utility services in the second degree if the person commits theft of utility services other than as provided in subsection (4). Theft of utility services in the second degree is a misdemeanor and shall be sentenced in accordance with chapter 706, except that for a first offense the court shall impose a minimum sentence of a fine of $500, with an increase of $500 for each succeeding conviction under this subsection.


CREDIT(S)


Laws 1996, ch. 256, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-839.55

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

[§ 708-839.55]. Unauthorized possession of confidential personal information


(1) A person commits the offense of unauthorized possession of confidential personal information if that person intentionally or knowingly possesses, without authorization, any confidential personal information of another in any form, including but not limited to mail, physical documents, identification cards, or information stored in digital form.


(2) It is an affirmative defense that the person who possessed the confidential personal information of another did so under the reasonable belief that the person in possession was authorized by law or by the consent of the other person to possess the confidential personal information.


(3) Unauthorized possession of confidential personal information is a class C felony.


CREDIT(S)


Laws 2006, ch. 139, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-839.6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

[§ 708-839.6]. Identity theft in the first degree


(1) A person commits the offense of identity theft in the first degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to:


(a) Facilitate the commission of a murder in any degree, a class A felony, kidnapping, unlawful imprisonment in any degree, extortion in any degree, any offense under chapter 134, criminal property damage in the first or second degree, escape in any degree, any offense under part VI of chapter 710, any offense under section 711-1103, or any offense under chapter 842; or


(b) Commit the offense of theft in the first degree from the person whose personal information is used, or from any other person or entity.


(2) Identity theft in the first degree is a class A felony.


CREDIT(S)


Laws 2002, ch. 224, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-839.7

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

[§ 708-839.7]. Identity theft in the second degree


(1) A person commits the offense of identity theft in the second degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to commit the offense of theft in the second degree from any person or entity.


(2) Identity theft in the second degree is a class B felony.


CREDIT(S)


Laws 2002, ch. 224, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-839.8

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IV. Theft and Related Offenses

[§ 708-839.8]. Identity theft in the third degree


(1) A person commits the offense of identity theft in the third degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to commit the offense of theft in the third or fourth degree from any person or entity.


(2) Identity theft in the third degree is a class C felony.


CREDIT(S)


Laws 2002, ch. 224, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-840

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part V. Robbery

§ 708-840. Robbery in the first degree


(1) A person commits the offense of robbery in the first degree if, in the course of committing theft or non-consensual taking of a motor vehicle:


(a) The person attempts to kill another or intentionally or knowingly inflicts or attempts to inflict serious bodily injury upon another;


(b) The person is armed with a dangerous instrument and:


(i) The person uses force against the person of anyone present with intent to overcome that person's physical resistance or physical power of resistance; or


(ii) The person threatens the imminent use of force against the person of anyone present with intent to compel acquiescence to the taking of or escaping with the property;


(c) The person uses force against the person of anyone present with the intent to overcome that person's physical resistance or physical power of resistance during the time of a civil defense emergency proclaimed by the governor pursuant to chapter 128, within the area covered by the civil defense emergency or during the period of disaster relief under chapter 127; or


(d) The person threatens the imminent use of force against the person of anyone present with intent to compel acquiescence to the taking of or escaping with the property during the time of a civil defense emergency proclaimed by the governor pursuant to chapter 128, within the area covered by the civil defense emergency or during the period of disaster relief under chapter 127.


(2) As used in this section, “dangerous instrument” means any firearm, whether loaded or not, and whether operable or not, or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or threatened to be used is capable of producing death or serious bodily injury.


(3) Robbery in the first degree is a class A felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1983, ch. 68, § 1; Laws 1984, ch. 90, § 1; Laws 1986, ch. 314, § 68; Laws 1998, ch. 68, § 1; Laws 2006, ch. 116, § 7; Laws 2006, ch. 230, § 41.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-841

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part V. Robbery

§ 708-841. Robbery in the second degree


(1) A person commits the offense of robbery in the second degree if, in the course of committing theft or non-consensual taking of a motor vehicle:


(a) The person uses force against the person of anyone present with the intent to overcome that person's physical resistance or physical power of resistance;


(b) The person threatens the imminent use of force against the person of anyone who is present with intent to compel acquiescence to the taking of or escaping with the property; or


(c) The person recklessly inflicts serious bodily injury upon another.


(2) Robbery in the second degree is a class B felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1983, ch. 68, § 2; Laws 1984, ch. 90, § 1; Laws 1986, ch. 314, § 69; Laws 2006, ch. 230, § 42.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-842

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part V. Robbery

§ 708-842. Robbery; “in the course of committing a theft”


An act shall be deemed “in the course of committing a theft or non-consensual taking of a motor vehicle” if it occurs in an attempt to commit theft or non-consensual taking of a motor vehicle, in the commission of theft or non-consensual taking of a motor vehicle, or in the flight after the attempt or commission.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 2006, ch. 230, § 43.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-850

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part VI. Forgery and Related Offenses

§ 708-850. Definitions of terms in this part


In this part, unless a different meaning plainly is required:


(1) “Written instrument” means:


(a) Any paper, document, or other instrument containing written or printed matter or its equivalent; or


(b) Any token, coin, stamp, seal, badge, trademark, or other evidence or symbol of value, right, privilege, or identification;


(2) “Complete written instrument” means a written instrument which purports to be genuine and fully drawn with respect to every essential feature thereof;


(3) “Incomplete written instrument” means a written instrument which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument;


(4) “Falsely make,” in relation to a written instrument, means to make or draw a complete written instrument, or an incomplete written instrument, which purports to be an authentic creation of its ostensible maker or issuing commercial establishment, but which is not either because the ostensible maker, or issuing commercial establishment is fictitious or because, if real, the same did not authorize the making or drawing thereof;


(5) “Falsely complete,” in relation to a written instrument, means to transform, by adding, inserting, or changing matter, an incomplete written instrument into a complete one, without the authority of the ostensible maker, drawer, or issuing commercial establishment, so that the complete written instrument falsely appears or purports to be in all respects an authentic creation of its ostensible maker[,] authorized by the maker, or issuing commercial establishment;


(6) “Falsely alter,” in relation to a written instrument, means to change, without the authority of the ostensible maker, drawer, or issuing commercial establishment, a written instrument, whether complete or incomplete, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner, so that the instrument so altered falsely appears or purports to be in all respects an authentic creation of its ostensible maker, authorized by the maker, or issuing commercial establishment;


(7) “Forged instrument” means a written instrument which has been falsely made, completed, endorsed, or altered;


(8) “Utter,” in relation to a forged instrument, means to offer, whether accepted or not, a forged instrument with representation by acts or words, oral or in writing, that the instrument is genuine;


(9) “Falsely endorse,” in relation to a written instrument, means to endorse, without the authority of the ostensible maker, drawer, or issuing commercial establishment, any part of a written instrument, whether complete or incomplete, so that the written instrument so endorsed falsely appears or purports to be authorized by the ostensible maker, drawer, or issuing commercial establishment; and


(10) “Fraudulently encode magnetic ink character recognition numbers,” in relation to a written instrument, means to change, alter, erase, add, create, tamper with, or manipulate the magnetic ink character recognition numbers, or symbols representing to be magnetic ink character recognition numbers, from the issuing commercial establishment.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1988, ch. 155, § 1; Laws 1993, ch. 13, § 1; Laws 1997, ch. 243, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-851

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part VI. Forgery and Related Offenses

§ 708-851. Forgery in the first degree


(1) A person commits the offense of forgery in the first degree if, with intent to defraud, the person falsely makes, completes, endorses, or alters a written instrument, or utters a forged instrument, or fraudulently encodes the magnetic ink character recognition numbers, which is or purports to be, or which is calculated to become or to represent if completed:


(a) Part of an issue of stamps, securities, or other valuable instruments issued by a government or governmental agency; or


(b) Part of an issue of stock, bonds, or other instruments representing interests in or claims against a corporate or other organization or its property.


(2) Forgery in the first degree is a class B felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1988, ch. 155, § 2; Laws 1997, ch. 243, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-852

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part VI. Forgery and Related Offenses

§ 708-852. Forgery in the second degree


(1) A person commits the offense of forgery in the second degree if, with intent to defraud, the person falsely makes, completes, endorses, or alters a written instrument, or utters a forged instrument, or fraudulently encodes the magnetic ink character recognition numbers, which is or purports to be, or which is calculated to become or to represent if completed, a deed, will, codicil, contract, assignment, commercial instrument, or other instrument which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status.


(2) Forgery in the second degree is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1988, ch. 155, § 3; Laws 1997, ch. 243, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-853

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part VI. Forgery and Related Offenses

§ 708-853. Forgery in the third degree


(1) A person commits the offense of forgery in the third degree if, with intent to defraud, the person falsely makes, completes, endorses, or alters a written instrument, or utters a forged instrument.


(2) Forgery in the third degree is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1988, ch. 155, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-854

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part VI. Forgery and Related Offenses

§ 708-854. Criminal possession of a forgery device


(1) A person commits the offense of criminal possession of a forgery device if:


(a) The person makes or possesses with knowledge of its character any plate, die, or other device, apparatus, equipment, or article specifically designed or adapted for use in forging written instruments; or


(b) The person makes or possesses any device, apparatus, equipment, or article capable of or adaptable to use in forging written instruments with intent to use it oneself, or to aid or permit another to use it, for purposes of forgery.


(2) Criminal possession of a forgery device is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-855

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part VI. Forgery and Related Offenses

§ 708-855. Criminal simulation


(1) A person commits the offense of criminal simulation if, with intent to defraud, the person makes, alters, or utters any object, so that it appears to have an antiquity, rarity, source, or authorship that it does not in fact possess.


(2) In subsection (1), “utter” means to offer, whether accepted or not, an object with representation by acts or words, oral or in writing, relating to its antiquity, rarity, source, or authorship.


(3) Criminal simulation is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-856

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part VI. Forgery and Related Offenses

§ 708-856. Obtaining signature by deception


(1) A person commits the offense of obtaining a signature by deception if, with intent to defraud, the person:


(a) Causes another, by deception, to sign or execute a written instrument; or


(b) Utters the written instrument specified in subparagraph (a).


(2) Obtaining a signature by deception is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-857

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part VI. Forgery and Related Offenses

§ 708-857. Negotiating a worthless negotiable instrument


(1) A person commits the offense of negotiating a worthless negotiable instrument if that person intentionally issues or negotiates a negotiable instrument knowing that it will not be honored by the maker or drawee.


(2) For the purpose of this section, as well as in any prosecution for theft committed by means of a worthless negotiable instrument, either of the following shall be prima facie evidence that the drawer knew that the negotiable instrument would not be honored upon presentation:


(a) The drawer had no account with the drawee at the time the negotiable instrument was negotiated; or


(b) Payment was refused by the drawee for lack of funds upon presentation within thirty days after date or issue, whichever is later, and the drawer failed to make good within ten days after actual receipt of a notice of dishonor, as defined in section 490:3-503.


(3) The definitions of the following terms shall apply to this section:


(a) “Issue” as defined in section 490:3-105;


(b) “Negotiable instrument” as defined in section 490:3-104;


(c) “Negotiation” as defined in section 490:3-201.


(4) Negotiating a worthless negotiable instrument is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1993, ch. 33, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-858

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part VI. Forgery and Related Offenses

§ 708-858. Suppressing a testamentary or recordable instrument


(1) A person commits the offense of suppressing a testamentary instrument if, with intent to defraud, the person destroys, removes, or conceals any will, codicil, or other testamentary instrument.


(2) A person commits the offense of suppressing a recordable instrument if, with intent to defraud, the person destroys, removes, or conceals any deed, mortgage, security instrument, or other written instrument for which the law provides public recording.


(3) Each offense defined in this section is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-870

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part VII. Business and Commercial Frauds

§ 708-870. Deceptive business practices


(1) A person commits the offense of deceptive business practices if in the course of engaging in a business, occupation, or profession the person knowingly or recklessly:


(a) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;


(b) Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service; or


(c) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer the person furnishes the weight or measure; or


(d) Sells or offers for sale adulterated commodities; or


(e) Sells or offers or exposes for sale mislabeled commodities.


(2) “Adulterated” means varying from the standard of composition or quality prescribed by statute or lawfully promulgated administrative regulation, or if none, as set by established commercial usage.


(3) “Mislabeled” means:


(a) Varying from the standard of truth or disclosure in labeling prescribed by statute or lawfully promulgated administrative regulation, or if none, as set by established commercial usage; or


(b) Represented as being another person's product, though otherwise labeled accurately as to quality and quantity.


(4) Deceptive business practices is a misdemeanor.


(5) This section does not apply to deceptive business practices, as defined in subsection (1), for which a specific penalty is provided by a statute other than this Code.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-871

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part VII. Business and Commercial Frauds

§ 708-871. False advertising


(1) A person commits the offense of false advertising if, in connection with the promotion of the sale of property or services, the person knowingly or recklessly makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons.


(2) “Misleading statement” includes an offer to sell property or services if the offeror does not intend to sell or provide the advertised property or services:


(a) At the price equal to or lower than the price offered; or


(b) In a quantity sufficient to meet the reasonably-expected public demand, unless quantity is specifically stated in the advertisement; or


(c) At all.


(3) False advertising is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-871.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part VII. Business and Commercial Frauds

[§ 708-871.5]. False labeling of Hawaii-grown coffee


(1) A person commits the offense of false labeling of Hawaii-grown coffee if the person knowingly transports, distributes, advertises, sells, or possesses with the intent to sell Hawaii-grown green coffee, cherry coffee, or parchment coffee that is falsely labeled with regard to the geographic origin of the Hawaii-grown coffee.


(2) For purposes of this section:


“Cherry coffee” means the unprocessed fruit of the coffee plant.


“Geographic origin” means the geographic areas designated as follows:


(a) Hamakua is the Hamakua district on the island of Hawaii, as designated by the State of Hawaii tax map;


(b) Hawaii is the State of Hawaii;


(c) Kau is the Kau district on the island of Hawaii, as designated by the State of Hawaii tax map;


(d) Kauai is the island of Kauai;


(e) Kona is the north Kona and south Kona districts on the island of Hawaii, as designated by the State of Hawaii tax map;


(f) Maui is the island of Maui;


(g) Molokai is the island of Molokai; and


(h) Oahu is the island of Oahu.


“Green coffee” means the agricultural commodity comprised of green coffee beans.


“Parchment coffee” means the dried product that remains when coffee cherries are processed by removing the coffee seeds from the pulp.


(3) False labeling of Hawaii-grown coffee is a class C felony.


CREDIT(S)


Laws 2012, ch. 328, § 1, eff. July 10, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-872

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part VII. Business and Commercial Frauds

§ 708-872. Falsifying business records


(1) A person commits the offense of falsifying business records if, with intent to defraud, the person:


(a) Makes or causes a false entry in the business records of an enterprise; or


(b) Alters, erases, obliterates, deletes, removes, or destroys a true entry in the business records of an enterprise; or


(c) Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which the person knows to be imposed upon the person by law, other than for the information of the government, or by the nature of the person's position; or


(d) Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.


(2) “Enterprise” means any entity of one or more persons, corporate or otherwise, engaged in business, commercial, professional, industrial, eleemosynary, or social activity.


(3) “Business record” means any writing or article kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity.


(4) Falsifying business records is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-873

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part VII. Business and Commercial Frauds

§ 708-873. Defrauding secured creditors


(1) A person commits the offense of defrauding secured creditors if the person destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that interest.


(2) Defrauding secured creditors is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-874

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part VII. Business and Commercial Frauds

§ 708-874. Misapplication of entrusted property


(1) A person commits the offense of misapplication of entrusted property if, with knowledge that he is misapplying property and that the misapplication involves substantial risk of loss or detriment to the owner of the property or to a person for whose benefit the property was entrusted, he misapplies or disposes of property that has been entrusted to him as a fiduciary or that is property of the government or a financial institution.


(2) “Fiduciary” includes a trustee, guardian, personal representative, receiver, or any other person acting in a fiduciary capacity, or any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary.


(3) To “misapply property” means to deal with the property contrary to law or governmental regulation relating to the custody or disposition of that property; “governmental regulation” includes administrative and judicial rules and orders as well as statutes and ordinances.


(4) Misapplication of property is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1976, ch. 200, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-875

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part VII. Business and Commercial Frauds

[§ 708-875]. Trademark counterfeiting


(1) A person commits the offense of trademark counterfeiting who knowingly manufactures, produces, displays, advertises, distributes, offers for sale, sells, or possesses with the intent to sell or distribute any item bearing or identified by a counterfeit mark, knowing that the mark is counterfeit.


(2) As used in this section:


“Counterfeit mark” means any spurious mark that is identical to or confusingly similar to any print, label, trademark, service mark, or trade name registered in accordance with chapter 482 or registered on the Principal Register of the United States Patent and Trademark Office.


“Sale” includes resale.


(3) Trademark counterfeiting is a class C felony.


(4) In any action brought under this section resulting in a conviction or a plea of nolo contendere, the court shall order the forfeiture and destruction of all counterfeit marks and the forfeiture and destruction or other disposition of all items bearing a counterfeit mark, and all personal property, including any items, objects, tools, machines, equipment, instrumentalities, or vehicles of any kind, employed or used in connection with a violation of this section, in accordance with the procedures set forth in chapter 712A.


CREDIT(S)


Laws 1997, ch. 277, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-880

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part VIII. Offenses Affecting Occupations

§ 708-880. Commercial bribery


(1) A person commits the offense of commercial bribery if:


(a) He confers or offers or agrees to confer, directly or indirectly, any benefit upon:


(i) An agent with intent to influence the agent to act contrary to a duty to which, as an agent, he is subject; or


(ii) An appraiser with intent to influence the appraiser in his selection, appraisal, or criticism; or


(b) Being an agent, an appraiser, or agent in charge of employment, he solicits, accepts, or agrees to accept, directly or indirectly, any benefit from another person with intent:


(i) In the case of an agent, that he will thereby be influenced to act contrary to a duty to which, as an agent, he is subject; or


(ii) In the case of an appraiser, that he will thereby be influenced in his selection, appraisal, or criticism; or


(iii) In the case of an agent in charge of employment, that he will thereby be influenced in the exercise of his discretion or power with respect to hiring someone, or retaining someone in employment, or discharging or suspending someone from employment.


(2) In this section:


(a) “Agent” means:


(i) An agent or employee of another;


(ii) A trustee, guardian, or other fiduciary;


(iii) A lawyer, physician, accountant, appraiser, or other professional adviser or informant;


(iv) An officer, director, partner, manager, or other participant in the direction of the affairs of an incorporated or unincorporated association; or


(v) An arbitrator or other purportedly disinterested adjudicator or referee;


(b) “Appraiser” means a person who holds himself out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of commodities or services;


(c) “Agent in charge of employment” does not include any person conducting a private employment agency licensed and operating in accordance with law.


(3) Commercial bribery is a misdemeanor, except in the event that the value of the benefit referred to in subsection (1) exceeds $1,000, in which case commercial bribery shall be a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1979, ch. 173, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-881

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part VIII. Offenses Affecting Occupations

§ 708-881. Tampering with a publicly-exhibited contest


(1) A person commits the offense of tampering with a publicly-exhibited contest if:


(a) He confers, or offers or agrees to confer, directly or indirectly, any benefit upon:


(i) A contest participant with intent to influence him not to give his best efforts in a publicly-exhibited contest; or


(ii) A contest official with intent to influence him to perform improperly his duties in connection with a publicly-exhibited contest; or


(b) Being a contest participant or contest official, he intentionally solicits, accepts, or agrees to accept, directly or indirectly, any benefit from another person with intent that he will thereby be influenced:


(i) In the case of a contest participant, not to give his best efforts in a publicly-exhibited contest; or


(ii) In the case of a contest official, to perform improperly his duties in connection with a publicly-exhibited contest; or


(c) With intent to influence the outcome of a publicly-exhibited contest he:


(i) Tampers with any contest participant, contest official, animal, equipment, or other thing involved in the conduct or operation of the contest, in a manner contrary to the rules and usages purporting to govern the contest in question; or


(ii) Substitutes a contest participant, animal, equipment, or other thing involved in the conduct or operation of the contest, for the genuine person, animal, or thing.


(2) In this section:


(a) “Publicly-exhibited contest” means any professional or amateur sport, athletic game or contest, or race or contest involving machines, persons, or animals, viewed by the public, but does not include an exhibition which does not purport to be and which is not represented as being such a sport, game, contest, or race;


(b) “Contest participant” means any person who participates or expects to participate in a publicly-exhibited contest as a player, contestant, or member of a team, or as a coach, manager, trainer, or other person directly associated with a player, contestant, or team;


(c) “Contest official” means any person who acts or expects to act in a publicly-exhibited contest as an umpire, referee, or judge, or otherwise to officiate at a publicly-exhibited contest.


(3) Tampering with a publicly-exhibited contest is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-890

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IX. Computer Crime

§ 708-890. Definitions


As used in this part, unless the context otherwise requires:


“Access” means to gain entry to, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, computer system, or computer network.


“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.


“Computer equipment” means any equipment or devices, including all input, output, processing, storage, software, or communications facilities, intended to interface with the computer.


“Computer network” means two or more computers or computer systems, interconnected by communication lines, including microwave, electronic, or any other form of communication.


“Computer program” or “software” means a set of computer-readable instructions or statements and related data that, when executed by a computer system, causes the computer system or the computer network to which it is connected to perform computer services.


“Computer services” includes but is not limited to the use of a computer system, computer network, computer program, data prepared for computer use, and data contained within a computer system or computer network.


“Computer system” means a set of interconnected computer equipment intended to operate as a cohesive system.


“Damage” means any impairment to the integrity or availability of data, a program, a system, a network, or computer services.


“Data” means information, facts, concepts, software, or instructions prepared for use in a computer, computer system, or computer network.


“Obtain information” includes but is not limited to mere observation of the data.


“Property” includes financial instruments, data, computer software, computer programs, documents associated with computer systems, money, computer services, or anything else of value.


“Rule of court” means any rule adopted by the supreme court of this State, the Federal Rules of Civil Procedure, or the Federal Rules of Criminal Procedure.


“Statute” means any statute of this State or the federal government.


“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.


CREDIT(S)


Laws 1992, ch. 225, § 2; Laws 2001, ch. 33, § 4; Laws 2003, ch. 3, § 17.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-891

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IX. Computer Crime

§ 708-891. Computer fraud in the first degree


(1) A person commits the offense of computer fraud in the first degree if the person knowingly accesses a computer, computer system, or computer network with the intent to commit the offense of theft in the first degree.


(2) Computer fraud in the first degree is a class A felony.


CREDIT(S)


Laws 2001, ch. 33, § 1; Laws 2012, ch. 293, § 2, eff. July 9, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-891.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IX. Computer Crime

§ 708-891.5. Computer fraud in the second degree


(1) A person commits the offense of computer fraud in the second degree if the person knowingly accesses a computer, computer system, or computer network with the intent to commit the offense of theft in the second degree.


(2) Computer fraud in the second degree is a class B felony.


CREDIT(S)


Laws 2001, ch. 33, § 1; Laws 2012, ch. 293, § 3, eff. July 9, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-891.6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IX. Computer Crime

[§ 708-891.6]. Computer fraud in the third degree


(1) A person commits the offense of computer fraud in the third degree if the person knowingly accesses a computer, computer system, or computer network with the intent to commit the offense of theft in the third or fourth degree.


(2) Computer fraud in the third degree is a class C felony.


CREDIT(S)


Laws 2012, ch. 293, § 1, eff. July 9, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-892

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IX. Computer Crime

[§ 708-892]. Computer damage in the first degree


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


(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, the “damage” must:


(a) Result in 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) Result in the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of one or more individuals;


(c) Result in physical injury to any person;


(d) Threaten public health or safety; or


(e) Impair the administration of justice.


(3) Computer damage in the first degree is a class B felony.


CREDIT(S)


Laws 2001, ch. 33, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-892.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IX. Computer Crime

[§ 708-892.5]. Computer damage in the second degree


(1) A person commits the offense of computer damage in the second degree if the person knowingly accesses a computer, computer system, or computer network without authorization and thereby recklessly causes damage.


(2) Computer damage in the second degree is a class C felony.


CREDIT(S)


Laws 2001, ch. 33, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-893

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IX. Computer Crime

§ 708-893. Use of a computer in the commission of a separate crime


(1) A person commits the offense of use of a computer in the commission of a separate crime if the person:


(a) Intentionally uses a computer to obtain control over the property of the victim to commit theft in the first or second degree; or


(b) Knowingly uses a computer to identify, select, solicit, persuade, coerce, entice, induce, procure, pursue, surveil, contact, harass, annoy, or alarm the victim or intended victim of the following offenses:


(i) Section 707-726, relating to custodial interference in the first degree;


(ii) Section 707-727, relating to custodial interference in the second degree;


(iii) Section 707-731, relating to sexual assault in the second degree;


(iv) Section 707-732, relating to sexual assault in the third degree;


(v) Section 707-733, relating to sexual assault in the fourth degree;


(vi) Section 707-751, relating to promoting child abuse in the second degree;


(vii) Section 711-1106, relating to harassment;


(viii) Section 711-1106.5, relating to harassment by stalking; or


(ix) Section 712-1215, relating to promoting pornography for minors.


(2) Use of a computer in the commission of a separate crime is an offense one class or grade, as the case may be, greater than the offense facilitated. Notwithstanding any other law to the contrary, a conviction under this section shall not merge with a conviction for the separate crime.


CREDIT(S)


Laws 2001, ch. 33, § 1; Laws 2006, ch. 141, § 1; Laws 2012, ch. 192, § 1, eff. June 28, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-894

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IX. Computer Crime

[§ 708-894]. Forfeiture of property used in computer crimes


Any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit an offense under this part, or which facilitated or assisted such activity, shall be forfeited subject to the requirements of chapter 712A.


CREDIT(S)


Laws 2001, ch. 33, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-895

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IX. Computer Crime

[§ 708-895]. Jurisdiction


For purposes of prosecution under this part, a person who causes, by any means, the access of a computer, computer system, or computer network in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer, computer system, or computer network in each jurisdiction.


CREDIT(S)


Laws 2001, ch. 33, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-895.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IX. Computer Crime

§ 708-895.5. Unauthorized computer access in the first degree


(1) A person commits the offense of unauthorized computer access in the first degree if the person knowingly accesses a computer, computer system, or computer network without authorization and thereby obtains information, and:


(a) The offense was committed for the purpose of commercial or private financial gain;


(b) The offense was committed in furtherance of any other crime;


(c) The value of the information obtained exceeds $20,000; or


(d) The information has been determined by statute or rule of court to require protection against unauthorized disclosure.


(2) Unauthorized computer access in the first degree is a class A felony.


CREDIT(S)


Laws 2001, ch. 33, § 1; Laws 2012, ch. 293, § 4, eff. July 9, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-895.6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IX. Computer Crime

§ 708-895.6. Unauthorized computer access in the second degree


(1) A person commits the offense of unauthorized computer access in the second degree if the person knowingly accesses a computer, computer system, or computer network without authorization and thereby obtains information.


(2) Unauthorized computer access in the second degree is a class B felony.


CREDIT(S)


Laws 2001, ch. 33, § 1; Laws 2012, ch. 293, § 5, eff. July 9, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-895.7

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part IX. Computer Crime

§ 708-895.7. Unauthorized computer access in the third degree


(1) A person commits the offense of unauthorized computer access in the third degree if the person knowingly accesses a computer, computer system, or computer network without authorization.


(2) Unauthorized computer access in the third degree is a class C felony.


CREDIT(S)


Laws 2001, ch. 33, § 1; Laws 2012, ch. 293, § 6, eff. July 9, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8100

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part X]. Credit Card Offenses

§ 708-8100. Fraudulent use of a credit card


(1) A person commits the offense of fraudulent use of a credit card, if with intent to defraud the issuer, or another person or organization providing money, goods, services, or anything else of value, or any other person, the person:


(a) Uses or attempts or conspires to use, for the purpose of obtaining money, goods, services, or anything else of value a credit card obtained or retained in violation of section 708-8102 or a credit card which the person knows is forged, expired, or revoked;


(b) Obtains or attempts or conspires to obtain money, goods, services, or anything else of value by representing without the consent of the cardholder that the person is the holder of a specified card or by representing that the person is the holder of a card and such card has not in fact been issued; or


(c) Uses or attempts or conspires to use a credit card number without the consent of the cardholder for the purpose of obtaining money, goods, services, or anything else of value.


(2) Fraudulent use of a credit card is a class C felony if the value of all money, goods, services, and other things of value obtained or attempted to be obtained exceeds $300 in any six-month period. For purposes of this section, each separate use of a credit card that exceeds $300 constitutes a separate offense.


(3) Fraudulent use of a credit card is a misdemeanor, if the value of all money, goods, services, and other things of value obtained or attempted to be obtained does not exceed $300 in any six-month period.


(4) Knowledge of revocation of a credit card shall be presumed to have been received by a cardholder four days after it has been mailed to the cardholder at the address set forth on the credit card or at the last known address by registered or certified mail, return receipt requested, and, if the address is more than five hundred miles from the place of mailing, by air mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada, notice shall be presumed to have been received ten days after mailing by registered or certified mail.


CREDIT(S)


Laws 1986, ch. 314, § 61; Laws 1988, ch. 55, § 1; Laws 2006, ch. 230, § 44.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8100.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part X]. Credit Card Offenses

[§ 708-8100.5]. Fraudulent encoding of a credit card


(1) A person commits the offense of fraudulent encoding of a credit card if, with the intent to defraud the issuer, or another person or organization providing money, goods, services or anything else of value, the person:


(a) Intentionally changes, alters, erases, adds, creates, tampers with, or manipulates a credit card number by encoding credit card numbers onto the magnetic strip of the credit card;


(b) Knowingly uses, utters, or offers a credit card with changed, altered, erased, added, tampered with, or manipulated magnetically or electronically encoded credit numbers on the magnetic strip of a credit card for the purpose of obtaining money, goods, services, or anything else of value; or


(c) Knowingly sells, or distributes any credit card with changed, altered, erased, added, tampered with, or manipulated magnetically or electronically encoded credit card numbers on the magnetic strip of the credit card.


(2) Fraudulent encoding of a credit card is a class B felony.


CREDIT(S)


Laws 1993, ch. 287, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8101

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part X]. Credit Card Offenses

[§ 708-8101]. Making a false statement to procure issuance of a credit card


(1) A person commits the offense of making a false statement to procure issuance of a credit card if the person makes or causes to be made, either directly or indirectly, any false statement in writing, knowing it to be false and with intent that it be relied on, respecting the person's identity or that of any other person, firm, or corporation, for the purpose of procuring the issuance of a credit card.


(2) Making a false statement to procure issuance of a credit card is a misdemeanor.


CREDIT(S)


Laws 1986, ch. 314, § 61.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8102

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part X]. Credit Card Offenses

[§ 708-8102]. Theft, forgery, etc., of credit cards


(1) A person who takes a credit card from the person, possession, custody, or control of another without the cardholder's consent or who, with knowledge that it has been so taken, receives the credit card with intent to use it or to sell it, or to transfer it to a person other than the issuer or the cardholder commits the offense of credit card theft. If a person has in the person's possession or under the person's control credit cards issued in the names of two or more other persons, which have been taken or obtained in violation of this subsection, it is prima facie evidence that the person knew that the credit cards had been taken or obtained without the cardholder's consent.


(2) A person who receives a credit card that the person knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder commits the offense of credit card theft.


(3) A person, other than the issuer, who sells a credit card or a person who buys a credit card from a person other than the issuer commits the offense of credit card theft.


(4) A person who, with intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, obtains control over a credit card as security for a debt commits the offense of credit card theft.


(5) A person, other than the issuer, who during any twelve-month period, receives credit cards issued in the names of two or more persons which the person has reason to know were taken or retained under circumstances which constitute credit card theft or a violation of section 708-8101, commits the offense of credit card theft.


(6) A person who, with intent to defraud a purported issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, falsely makes or falsely embosses a purported credit card or utters such a credit card, or possesses such a credit card with knowledge that the same has been falsely made or falsely embossed commits the offense of credit card forgery. If a person other than the purported issuer possesses two or more credit cards which have been made or embossed in violation of this subsection, it is prima facie evidence that the person intended to defraud or that the person knew the credit cards had been so made or embossed. A person falsely makes a credit card when the person makes or draws, in whole or in part, a device or instrument which purports to be the credit card of a named issuer but which is not such a credit card because the issuer did not authorize the making or drawing, or alters a credit card which was validly issued. A person falsely embosses a credit card who, without authorization of the named issuer, completes a credit card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder.


(7) A person other than the cardholder or a person authorized by the cardholder who, with intent to defraud the issuer, or a person or organization providing money, goods, services, or anything else of value, or any other person, signs a credit card, commits the offense of credit card forgery.


(8) Credit card theft is a class C felony.


(9) Credit card forgery is a class C felony.


CREDIT(S)


Laws 1986, ch. 314, § 61.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8103

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part X]. Credit Card Offenses

[§ 708-8103]. Credit card fraud by a provider of goods or services


(1) A person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a credit card by the cardholder, or any agent or employees of such person, who, with intent to defraud the issuer or cardholder, furnishes money, goods, services, or anything else of value upon presentation of a credit card obtained or retained in violation of section 708-8102 or a credit card which the person knows is forged, expired, or revoked commits the offense of credit card fraud by a provider of goods or services.


(2) A person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a credit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer or the cardholder, fails to furnish money, goods, services, or anything else of value which the person represents in writing to the issuer that the person has furnished commits the offense of credit card fraud by a provider of goods or services.


(3) Credit card fraud by a provider of goods or services is a class C felony.


CREDIT(S)


Laws 1986, ch. 314, § 61.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8104

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part X]. Credit Card Offenses

[§ 708-8104]. Possession of unauthorized credit card machinery or incomplete cards


(1) A person other than the cardholder possessing an incomplete credit card, with intent to complete it without the consent of the issuer or a person possessing, with knowledge of its character, machinery, plates, or any other contrivance designed to reproduce instruments purporting to be the credit cards of the issuer who has not consented to the preparation of such credit cards, commits the offense of possession of unauthorized credit card machinery or incomplete cards.


A credit card is incomplete if part of the matter other than the signature of the cardholder, which an issuer requires to appear on the credit card, before it can be used by a cardholder, has not yet been stamped, embossed, imprinted, or written on it.


If a person other than the cardholder or issuer possesses two or more incomplete credit cards, it is prima facie evidence that the person intended to complete them without the consent of the owner.


(2) Possession of unauthorized credit card machinery or incomplete cards is a class C felony.


CREDIT(S)


Laws 1986, ch. 314, § 61.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8105

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part X]. Credit Card Offenses

[§ 708-8105]. Credit card lists prohibited; penalty


(1) It is unlawful for any person, business, corporation, partnership, or other agency to make available, lend, donate, or sell any list or portion of a list of any credit cardholders and their addresses and account numbers to any third party without the express written permission of the issuer and the cardholders; except that a credit card issuer may make a list of its cardholders, including names, addresses, and account numbers, available, without the permission of the cardholders, to a third party pursuant to a contract, if the contract contains language requiring the third party to bind through contract each of its subcontractors by including language prohibiting the divulging of any part of the list for any purpose by the subcontractors except to fulfill and service orders pursuant to the contract between the credit card issuer and the authorized third party.


Notwithstanding any contrary provision of this section, a “consumer reporting agency”, as that term is defined by the Fair Credit Reporting Act, Public Law No. 91-508, may provide lists of credit account names, addresses, and account numbers to third parties pursuant to that Act. Nothing in this section shall make unlawful or otherwise prohibit the transmittal of any such information to or from a “consumer reporting agency”, as that term is defined in the Fair Credit Reporting Act, or a “debt collector”, as that term is defined in the Fair Debt Collection Practices Act, Public Law No. 95-109. Notwithstanding the provisions of this section, it is lawful for any corporation to make available, lend, donate, or sell any list or portion of a list of any credit cardholders and their addresses and account numbers to a subsidiary or the parent corporation of such corporation or to another subsidiary of the common parent corporation.


(2) Violation of this section is a misdemeanor.


CREDIT(S)


Laws 1986, ch. 314, § 61.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8106

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part X]. Credit Card Offenses

[§ 708-8106]. Defenses not available


In any prosecution for violation of this part, the prosecution is not required to establish and it is no defense:


(1) That a person other than the defendant who violated this part has not been convicted, apprehended, or identified; or


(2) That some of the acts constituting the offense did not occur in this State or were not a crime or element of a crime where they did occur.


CREDIT(S)


Laws 1986, ch. 314, § 61.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8120

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part XI. Monetary Laundering [Repealed]

§§ 708-8120, 708-8121. Repealed by Laws 1995, ch. 119, § 3


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8121

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part XI. Monetary Laundering [Repealed]

§§ 708-8120, 708-8121. Repealed by Laws 1995, ch. 119, § 3


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8200

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part XII]. [Cable Television and Telecommunication Service Offenses]

§ 708-8200. Cable television service fraud in the first degree


(1) A person commits cable television service fraud in the first degree if the person knowingly:


(a) Distributes written instructions or plans to make or assemble a cable television service device and knows that the written plans or instructions are intended to be used to make or assemble a device to obtain cable television service without payment of applicable charges; or


(b) Distributes a cable television service device and knows that the device is intended to be used to obtain cable television service without payment of applicable charges.


(2) Cable television service fraud in the first degree is a class C felony.


CREDIT(S)


Laws 1987, ch. 268, § 2; Laws 1988, ch. 300, § 1; Laws 1989, ch. 261, § 19.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8201

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part XII]. [Cable Television and Telecommunication Service Offenses]

[§ 708-8201]. Cable television service fraud in the second degree


(1) A person commits the offense of cable television service fraud in the second degree if the person knowingly:


(a) Possesses a cable television service device with the intent to obtain cable television service without payment of applicable charges; or


(b) Possesses written instructions or plans to make or assemble a cable television service device with the intent to use the written plans or instructions to make or assemble a device to obtain cable television service without payment of applicable charges.


(2) Cable television service fraud in the second degree is a misdemeanor.


CREDIT(S)


Laws 1987, ch. 268, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8202

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part XII]. [Cable Television and Telecommunication Service Offenses]

§ 708-8202. Telecommunication service fraud in the first degree


(1) A person commits the offense of telecommunication service fraud in the first degree if the person:


(a) Knowingly publishes plans or instructions for making, assembling, or using a telecommunication service device, or sells, offers to sell, distributes, transfers, or otherwise makes available written instructions, plans, or materials including hardware, cables, tools, data, computer software, or other information or equipment to make or assemble a telecommunication service device and knows that the written plans, instructions, or materials are intended to be used to make or assemble a device to obtain telecommunication service without payment of applicable charges;


(b) Knowingly makes, assembles, sells, offers to sell, advertises, distributes, transports, transfers, or otherwise makes available a telecommunication service device and knows that the device is intended to be used to obtain telecommunication service without payment of applicable charges; or


(c) With the intent to defraud another of the lawful charge for any telecommunication service that is provided for a charge or compensation:


(i) Publishes, sells, offers for sale, or otherwise makes available an access device, without obtaining the consent of the holder of the access device or the telecommunication service provider;


(ii) Uses an access device, without obtaining the consent of the holder of the access device or the telecommunication service provider, resulting in obtaining services, the value of which exceeds $300 in any six-month period;


(iii) Engages in a scheme constituting a systematic and continuing course of conduct to obtain an access device from another by false or fraudulent pretenses, representations, or promises and does obtain an access device from the other person; or


(iv) Uses a telecommunication service device for the purpose of obtaining telecommunication services, the value of which exceeds $300 in any six-month period, without obtaining the consent of the holder of the telecommunication service device or the telecommunication service provider.


(2) For the purpose of this section:


“Access device” means any number or code of an existing, canceled, revoked, or nonexistent telephone number, telephone calling card number, credit card number, account number, personal identification number, or other credit device or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers, or other credit devices that can be used to obtain telecommunication service.


“Holder of access device” means a person or organization to which an access device has been issued by a telecommunication service provider.


“Publish” means the communication or dissemination of information to any one or more persons, either orally, in person, or by telephone, radio, television, or computer, or in a writing of any kind, including without limitation a letter, memorandum, circular, handbill, newspaper, magazine article, or book.


(3) Telecommunication service fraud in the first degree is a class C felony.


CREDIT(S)


Laws 1987, ch. 268, § 2; Laws 1988, ch. 300, § 2; Laws 1993, ch. 120, § 2; Laws 1996, ch. 222, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8203

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part XII]. [Cable Television and Telecommunication Service Offenses]

§ 708-8203. Telecommunication service fraud in the second degree


(1) A person commits the offense of telecommunication service fraud in the second degree if the person:


(a) Knowingly possesses a telecommunication service device with the intent to obtain telecommunication service without payment of applicable charges;


(b) Knowingly possesses written instructions or plans to make or assemble a telecommunication service device with the intent to use the written plans or instructions to make or assemble a device to obtain telecommunication service without payment of applicable charges; or


(c) With the intent to defraud another of the lawful charge for any telecommunication service, that is provided for a charge or compensation:


(i) Uses an access device without obtaining the consent of the holder of the access device or the telecommunication service provider, resulting in obtaining services, the value of which does not exceed $300 in any six-month period; or


(ii) Uses a telecommunication service device for the purpose of obtaining telecommunication services, the value of which does not exceed $300 in any six-month period, without obtaining the consent of the holder of the telecommunication service device or the telecommunication service provider.


(2) For the purposes of this section:


“Access device” means any number or code of an existing, canceled, revoked, or nonexistent telephone number, telephone calling card number, credit card number, account number, personal identification number, or other credit device or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers, or other credit devices that can be used to obtain telecommunication service.


“Holder of access device” means a person or organization to which an access device has been issued by a telecommunication service provider.


(3) Telecommunication service fraud in the second degree is a misdemeanor.


CREDIT(S)


Laws 1987, ch. 268, § 2; Laws 1993, ch. 120, § 3; Laws 1996, ch. 222, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8204

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part XII]. [Cable Television and Telecommunication Service Offenses]

§ 708-8204. Forfeiture of telecommunication service device and cable television service device


Any telecommunication service device, cable television service device, or instructions or plans therefor, or any materials for making or assembling a telecommunication service device possessed or used in violation of sections 708-8200 to 708-8203 may be ordered forfeited to the State for destruction or other disposition, subject to the requirements of chapter 712A.


CREDIT(S)


Laws 1987, ch. 268, § 2; Laws 1989, ch. 261, § 20; Laws 1996, ch. 222, § 5.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8251

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part XIII]. Arson

[§ 708-8251]. Arson in the first degree


(1) A person commits the offense of arson in the first degree if the person intentionally or knowingly sets fire to or causes to be burned property and:


(a) Knowingly places another person in danger of death or bodily injury; or


(b) Knowingly or recklessly damages the property of another, without the other's consent, in an amount exceeding $20,000.


(2) Arson in the first degree is a class A felony.


CREDIT(S)


Laws 2006, ch. 181, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8252

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part XIII]. Arson

[§ 708-8252]. Arson in the second degree


(1) A person commits the offense of arson in the second degree if the person intentionally or knowingly sets fire to or causes to be burned property and:


(a) Recklessly places another person in danger of death or bodily injury; or


(b) Knowingly or recklessly damages the property of another, without the other's consent, in an amount exceeding $1,500.


(2) Arson in the second degree is a class B felony.


CREDIT(S)


Laws 2006, ch. 181, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8253

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part XIII]. Arson

[§ 708-8253]. Arson in the third degree


(1) A person commits the offense of arson in the third degree if the person intentionally or knowingly sets fire to or causes to be burned property and:


(a) Negligently places another person in danger of death or bodily injury; or


(b) Knowingly or recklessly damages the property of another, without the other's consent, in an amount exceeding $500.


(2) Arson in the third degree is a class C felony.


CREDIT(S)


Laws 2006, ch. 181, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8254

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

[Part XIII]. Arson

§ 708-8254. Arson in the fourth degree


(1) A person commits the offense of arson in the fourth degree if the person intentionally, knowingly, or recklessly sets fire to, or causes to be burned property and thereby damages the property of another without the other's consent.


(2) Arson in the fourth degree is a misdemeanor.


CREDIT(S)


Laws 2006, ch. 181, § 1; Laws 2007, ch. 11, § 2, eff. April 9, 2007.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8300

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part XIV. Unlicensed Contracting Offenses

[§ 708-8300]. Unlicensed contracting activity


(1) A person commits the offense of unlicensed contracting activity if the person:


(a) Engages in any activity that requires a contractor's license under chapter 444 and is not a licensed contractor when engaging in the activity, other than an offense involving the inadvertent failure to renew a previously existing license; or


(b) Uses any word, title, or representation to induce the false belief that the person is licensed under chapter 444 to engage in contracting activity.


(2) Unlicensed contracting activity is a misdemeanor.


(3) Each day the violation of this section continues after written notice of the violation to the unlicensed contractor shall constitute a distinct and separate offense.


(4) It is an affirmative defense to a prosecution under this section that the defendant was a licensed contractor performing activity outside the scope of the defendant's contractor's license. This defense shall not preclude any administrative or civil enforcement action for the unlicensed activity.


CREDIT(S)


Laws 2012, ch. 244, § 1, eff. July 1, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8301

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part XIV. Unlicensed Contracting Offenses

[§ 708-8301]. Habitual unlicensed contracting activity; felony


(1) A person commits the offense of habitual unlicensed contracting activity if the person has had two or more convictions within ten years, preceding the conduct for which the person is charged under this section, for unlicensed contracting activity in violation of section 436B-27 or 708-8300, and:


(a) Engages in any activity for which a contractor's license is required under chapter 444, and is not licensed as a contractor under chapter 444 when engaging in the activity; or


(b) Uses any word, title, or representation to induce the false belief that the person is licensed under chapter 444 to engage in contracting activity.


(2) A conviction for purposes of this section is a judgment on a verdict, a finding of guilt, or a judgment on a plea of guilty or nolo contendere. The convictions shall have occurred on separate dates and be for separate incidents on separate dates. At the time of the instant offense, the convictions shall not have been expunged by pardon, reversed, or set aside.


(3) Habitual unlicensed contracting activity is a class C felony.


(4) It is an affirmative defense to a prosecution under this section that the defendant was a licensed contractor performing activity outside the scope of the defendant's contractor's license. This defense shall not preclude any administrative or civil enforcement action for the unlicensed activity.


CREDIT(S)


Laws 2012, ch. 244, § 1, eff. July 1, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8302

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part XIV. Unlicensed Contracting Offenses

[§ 708-8302]. Unlicensed contractor fraud


(1) A person commits the offense of unlicensed contractor fraud if the person:


(a) Engages in any activity that requires a contractor's license under chapter 444 and is not licensed as a contractor under chapter 444 when the person engages in the activity; and


(b) While engaged in the activity, obtains or exerts control over the property of another by deception, with intent to deprive the other of the property.


(2) For purposes of this section, “deception,” as defined in section 708-800, includes deception as to the person's status as a licensed contractor or as to permits required to engage in the activity.


CREDIT(S)


Laws 2012, ch. 244, § 1, eff. July 1, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8303

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part XIV. Unlicensed Contracting Offenses

[§ 708-8303]. Unlicensed contractor fraud in the first degree


(1) A person commits the offense of unlicensed contractor fraud in the first degree if the person commits unlicensed contractor fraud and the total value of the property over which the person obtains control is equal to or greater than $20,000.


(2) Unlicensed contractor fraud in the first degree is a class B felony.


CREDIT(S)


Laws 2012, ch. 244, § 1, eff. July 1, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8304

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part XIV. Unlicensed Contracting Offenses

[§ 708-8304]. Unlicensed contractor fraud in the second degree


(1) A person commits the offense of unlicensed contractor fraud in the second degree if the person commits unlicensed contractor fraud and the total value of the property over which the person obtains control is less than $20,000.


(2) Unlicensed contractor fraud in the second degree is a class C felony.


CREDIT(S)


Laws 2012, ch. 244, § 1, eff. July 1, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708-8305

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 708. Offenses Against Property Rights

Part XIV. Unlicensed Contracting Offenses

[§ 708-8305]. Unlicensed contractor fraud; valuation of property


For purposes of unlicensed contractor fraud, the value of the property shall be the greater of:


(1) The value of property as provided in section 708-801; or


(2) The total value of all moneys and any assets of value paid or lost by the victim or victims pursuant to the same scheme or course of conduct.


CREDIT(S)


Laws 2012, ch. 244, § 1, eff. July 1, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS D. 5, T. 37, Ch. 708A, Refs & Annos

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

[Chapter 708A]. Money Laundering


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708A-1

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

[Chapter 708A]. Money Laundering (Refs & Annos)

[§ 708A-1]. Title


This chapter shall be known and may be cited as the “Money Laundering Act”.


CREDIT(S)


Laws 1995, ch. 119, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708A-2

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

[Chapter 708A]. Money Laundering (Refs & Annos)

§ 708A-2. Definitions


As used in this chapter, unless the context otherwise requires:


“Proceeds” means property of any kind acquired or derived directly or indirectly from, produced through, realized through, or caused by an act or omission.


“Property” means anything of value, including any interest, benefit, privilege, claim, or right with respect to anything of value, whether real or personal, tangible or intangible.


“Specified unlawful activity” means any act, or series of acts, that:


(a) Constitutes a felony under the laws of this State;


(b) If occurring outside this State, may be punishable by confinement for more than one year under the laws of the jurisdiction in which the act occurred;


(c) Involves an act or acts constituting the offense of gambling, criminal property damage, extortion, theft, or prostitution or a drug offense under chapters 329, 329C, or part IV of chapter 712 or any firearm offense; or


(d) If occurring outside this State, would constitute the offense of gambling, criminal property damage, extortion, theft, or prostitution or a drug offense under chapters 329, 329C, or part IV of chapter 712 or any firearm offense under the laws of this State.


“Transaction” includes a purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, transfer between accounts, exchange of currency, extension of credit, purchase, sale, or exchange of any monetary instrument, use of a safe deposit box, or any other acquisition or disposition of property by whatever means effected.


“Unlawful activity” means any act that is chargeable or indictable as an offense of any degree or class under the laws of this State or under federal law or, if the act occurred in a jurisdiction other than this State, would be chargeable or indictable as an offense of any degree or class under the laws of this State or under federal law.


CREDIT(S)


Laws 1995, ch. 119, § 2; Laws 1996, ch. 22, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 708A-3

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

[Chapter 708A]. Money Laundering (Refs & Annos)

§ 708A-3. Money laundering; criminal penalty


(1) It is unlawful for any person:


(a) Who knows that the property involved is the proceeds of some form of unlawful activity, to knowingly transport, transmit, transfer, receive, or acquire the property or to conduct a transaction involving the property, when, in fact, the property is the proceeds of specified unlawful activity:


(i) With the intent to promote the carrying on of specified unlawful activity; or


(ii) Knowing that the transportation, transmission, transfer, receipt, or acquisition of the property or the transaction or transactions is designed in whole or in part to:


(A) Conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or


(B) Avoid a transaction reporting requirement under state or federal law;


(b) Who knows that the property involved in the transaction is the proceeds of some form of unlawful activity, to knowingly engage in the business of conducting, directing, planning, organizing, initiating, financing, managing, supervising, or facilitating transactions involving the property that, in fact, is the proceeds of specified unlawful activity:


(i) With the intent to promote the carrying on of specified unlawful activity; or


(ii) Knowing that the business is designed in whole or in part to:


(A) Conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or


(B) Avoid a transaction reporting requirement under state or federal law; or


(c) To knowingly conduct or attempt to conduct a financial transaction involving property represented to be the proceeds of specified unlawful activity, or property used to conduct or facilitate specified unlawful activity, with the intent to:


(i) Promote the carrying on of specified unlawful activity; or


(ii) Conceal or disguise the nature, the location, the source, the ownership, or the control of property believed to be the proceeds of specified unlawful activity.


(2) For the purpose of the offense described in subsection (1)(c), the defendant's knowledge may be established by proof that a law enforcement officer represented the matter specified in subsection (1)(c) as true, and the defendant's subsequent statements or actions indicate that the defendant believed the representations to be true.


(3) For the purposes of subsection (1)(c), the term “represented” means any representation made by a law enforcement officer or by another person at the direction of, or with the approval of, a state or county official authorized to investigate or prosecute violations of this section.


(4) This section shall not apply to any person who commits any act described in this section unless:


(a) The person believes the value or aggregate value of the property transported, transmitted, transferred, received, or acquired is $8,000 or more; or


(b) The value or the aggregate value of the property transported, transmitted, transferred, received, or acquired is $8,000 or more.


(5) A person who violates subsection (1):


(a) Is guilty of a class C felony where the value or aggregate value of the property transported, transmitted, transferred, received, or acquired is less than $10,000, and may be fined not more than $16,000 or twice the value of the property involved, whichever is greater; or


(b) Is guilty of a class B felony where the value or aggregate value of the property transported, transmitted, transferred, received, or acquired is $10,000 or more, and may be fined not more than $25,000 or twice the value of the property involved, whichever is greater.


CREDIT(S)


Laws 1995, ch. 119, § 2; Laws 1999, ch. 226, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS D. 5, T. 37, Ch. 709, Refs & Annos

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-900

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

§ 709-900. Illegally marrying


(1) A person commits the offense of illegally marrying if the person intentionally marries or purports to marry, knowing that the person is legally ineligible to do so.


(2) Illegally marrying is a petty misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-901

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

§ 709-901. Concealing the corpse of an infant


(1) A person commits the offense of concealing the corpse of an infant if the person conceals the corpse of a new-born child with intent to conceal the fact of its birth or to prevent a determination of whether it was born dead or alive.


(2) Concealing the corpse of an infant is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-902

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

§ 709-902. Abandonment of a child


(1) A person commits the offense of abandonment of a child if, being a parent, guardian, or other person legally charged with the care or custody of a child less than fourteen years old, the person deserts the child in any place with intent to abandon it.


(2) Leaving a newborn child at a hospital, fire station, or police station or with emergency services personnel pursuant to section 587D-2 shall not constitute a violation of this section.


(3) Abandonment of a child is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 2007, 1st Sp. Sess., ch. 7, § 3, eff. July 1, 2007.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-903

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

§ 709-903. Persistent nonsupport


(1) A person commits the offense of persistent nonsupport if the person knowingly and persistently fails to provide support which the person can provide and which the person knows the person is legally obliged to provide to a spouse, child, or other dependent.


(2) “Support” includes but is not limited to food, shelter, clothing, education, and other necessary care as determined by law.


(3) Persistent nonsupport is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-903.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

§ 709-903.5. Endangering the welfare of a minor in the first degree


(1) Except as provided in subsection (2), a person commits the offense of endangering the welfare of a minor in the first degree if, having care or custody of a minor, the person:


(a) Intentionally or knowingly allows another person to inflict serious or substantial bodily injury on the minor; or


(b) Intentionally or knowingly causes or permits the minor to inject, ingest, inhale, or otherwise introduce into the minor's body any controlled substance listed in sections 329-14, 329-16, 329-18, and 329-20 that has not been prescribed by a physician for the minor, except as permitted under section 329-122.


(2) It shall be a defense to prosecution under sections 709-903.5(1) and 709-904(1) if, at the time the person allowed another to inflict serious or substantial bodily injury on a minor, the person reasonably believed the person would incur serious or substantial bodily injury in acting to prevent the infliction of serious or substantial bodily injury on the minor.


(3) Endangering the welfare of a minor in the first degree is a class C felony.


CREDIT(S)


Laws 1986, ch. 314, § 70; Laws 2006, ch. 249, § 1; Laws 2008, ch. 81, § 1, eff. July 1, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-904

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

§ 709-904. Endangering the welfare of a minor in the second degree


(1) Except as provided in section 709-903.5(2), a person commits the offense of endangering the welfare of a minor in the second degree if, having care or custody of a minor, the person:


(a) Recklessly allows another person to inflict serious or substantial bodily injury on the minor; or


(b) Recklessly causes or permits the minor to inject, ingest, inhale, or otherwise introduce into the minor's body any controlled substance listed in sections 329-14, 329-16, 329-18, and 329-20 that has not been prescribed by a physician for the minor, except as permitted under section 329-122. This subsection shall not apply to nursing mothers who may cause the ingestion or introduction of detectable amounts of any controlled substance listed in sections 329-14, 329-16, 329-18, and 329-20 to their minor children through breastfeeding.


(2) A person commits the offense of endangering the welfare of a minor in the second degree if, being a parent, guardian, or other person whether or not charged with the care or custody of a minor, the person knowingly endangers the minor's physical or mental welfare by violating or interfering with any legal duty of care or protection owed such minor.


(3) Endangering the welfare of a minor in the second degree is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1974, ch. 198, § 1; Laws 1986, ch. 314, § 71; Laws 2006, ch. 230, § 45; Laws 2006, ch. 249, § 2; Laws 2008, ch. 81, § 2, eff. July 1, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-904.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

[§ 709-904.5]. Compensation by an adult of juveniles for crimes; grade or class of offense increased


(1) A person other than a juvenile commits the offense of compensation of a juvenile for a crime if the person intentionally or knowingly compensates, offers to compensate, or agrees to compensate any juvenile for the commission of any criminal offense.


(2) Any person convicted of compensating, offering to compensate, or agreeing to compensate a juvenile for the commission of a:


(a) Petty misdemeanor shall be deemed guilty of a misdemeanor;


(b) Misdemeanor shall be deemed guilty of a class C felony;


(c) Class C felony shall be deemed guilty of a class B felony;


(d) Class B or class A felony shall be deemed guilty of a class A felony.


(3) It is not a defense to a prosecution under subsection (1) that the accused had no knowledge of the juvenile's age. The intent is to impose absolute liability with respect to the element of the other person's being less than eighteen years old.


(4) For the purposes of this section, the following terms have the following meanings:


“Compensate” means to confer any benefit or pecuniary benefit.


“Juvenile” means any person under eighteen years of age.


CREDIT(S)


Laws 1986, ch. 314, § 72.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-905

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

§ 709-905. Endangering the welfare of an incompetent person


(1) A person commits the offense of endangering the welfare of an incompetent person if he knowingly acts in a manner likely to be injurious to the physical or mental welfare of a person who is unable to care for himself because of physical or mental disease, disorder, or defect.


(2) Endangering the welfare of an incompetent person is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-906

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

§ 709-906. Abuse of family or household members; penalty


(1) It shall be unlawful for any person, singly or in concert, to physically abuse a family or household member or to refuse compliance with the lawful order of a police officer under subsection (4). The police, in investigating any complaint of abuse of a family or household member, upon request, may transport the abused person to a hospital or safe shelter.


For the purposes of this section, “family or household member” means spouses or reciprocal beneficiaries, former spouses or reciprocal beneficiaries, persons who have a child in common, parents, children, persons related by consanguinity, and persons jointly residing or formerly residing in the same dwelling unit.


(2) Any police officer, with or without a warrant, may arrest a person if the officer has reasonable grounds to believe that the person is physically abusing, or has physically abused, a family or household member and that the person arrested is guilty thereof.


(3) A police officer who has reasonable grounds to believe that the person is physically abusing, or has physically abused, a family or household member shall prepare a written report.


(4) Any police officer, with or without a warrant, may take the following course of action where the officer has reasonable grounds to believe that there was physical abuse or harm inflicted by one person upon a family or household member, regardless of whether the physical abuse or harm occurred in the officer's presence:


(a) The police officer may make reasonable inquiry of the family or household member upon whom the officer believes physical abuse or harm has been inflicted and other witnesses as there may be;


(b) Where the police officer has reasonable grounds to believe that there is probable danger of further physical abuse or harm being inflicted by one person upon a family or household member, the police officer lawfully shall order the person to leave the premises for a period of separation of twenty-four hours, during which time the person shall not initiate any contact, either by telephone or in person, with the family or household member; provided that the person is allowed to enter the premises with police escort to collect any necessary personal effects;


(c) Where the police officer makes the finding referred to in paragraph (b) and the incident occurs after 12:00 p.m. on any Friday, or on any Saturday, Sunday, or legal holiday, the order to leave the premises and to initiate no further contact shall commence immediately and be in full force, but the twenty-four hour period shall be enlarged and extended until 4:30 p.m. on the first day following the weekend or legal holiday;


(d) All persons who are ordered to leave as stated above shall be given a written warning citation stating the date, time, and location of the warning and stating the penalties for violating the warning. A copy of the warning citation shall be retained by the police officer and attached to a written report which shall be submitted in all cases. A third copy of the warning citation shall be given to the abused person;


(e) If the person so ordered refuses to comply with the order to leave the premises or returns to the premises before the expiration of the period of separation, or if the person so ordered initiates any contact with the abused person, the person shall be placed under arrest for the purpose of preventing further physical abuse or harm to the family or household member; and


(f) The police officer shall seize all firearms and ammunition that the police officer has reasonable grounds to believe were used or threatened to be used in the commission of an offense under this section.


(5) Abuse of a family or household member and refusal to comply with the lawful order of a police officer under subsection (4) are misdemeanors and the person shall be sentenced as follows:


(a) For the first offense the person shall serve a minimum jail sentence of forty-eight hours; and


(b) For a second offense that occurs within one year of the first conviction, the person shall be termed a “repeat offender” and serve a minimum jail sentence of thirty days.


Upon conviction and sentencing of the defendant, the court shall order that the defendant immediately be incarcerated to serve the mandatory minimum sentence imposed; provided that the defendant may be admitted to bail pending appeal pursuant to chapter 804. The court may stay the imposition of the sentence if special circumstances exist.


(6) Whenever a court sentences a person pursuant to subsection (5), it also shall require that the offender undergo any available domestic violence intervention programs ordered by the court. However, the court may suspend any portion of a jail sentence, except for the mandatory sentences under subsection (5)(a) and (b), upon the condition that the defendant remain arrest-free and conviction-free or complete court-ordered intervention.


(7) For a third or any subsequent offense that occurs within two years of a second or subsequent conviction, the offense shall be a class C felony.


(8) Where the physical abuse consists of intentionally or knowingly impeding the normal breathing or circulation of the blood of the family or household member by applying pressure on the throat or the neck, abuse of a family or household member is a class C felony.


(9) Any police officer who arrests a person pursuant to this section shall not be subject to any civil or criminal liability; provided that the police officer acts in good faith, upon reasonable belief, and does not exercise unreasonable force in effecting the arrest.


(10) The family or household member who has been physically abused or harmed by another person may petition the family court, with the assistance of the prosecuting attorney of the applicable county, for a penal summons or arrest warrant to issue forthwith or may file a criminal complaint through the prosecuting attorney of the applicable county.


(11) The respondent shall be taken into custody and brought before the family court at the first possible opportunity. The court may dismiss the petition or hold the respondent in custody, subject to bail. Where the petition is not dismissed, a hearing shall be set.


(12) This section shall not operate as a bar against prosecution under any other section of this Code in lieu of prosecution for abuse of a family or household member.


(13) It shall be the duty of the prosecuting attorney of the applicable county to assist any victim under this section in the preparation of the penal summons or arrest warrant.


(14) This section shall not preclude the physically abused or harmed family or household member from pursuing any other remedy under law or in equity.


(15) When a person is ordered by the court to undergo any domestic violence intervention, that person shall provide adequate proof of compliance with the court's order. The court shall order a subsequent hearing at which the person is required to make an appearance, on a date certain, to determine whether the person has completed the ordered domestic violence intervention. The court may waive the subsequent hearing and appearance where a court officer has established that the person has completed the intervention ordered by the court.


CREDIT(S)


Laws 1973, ch. 189, § 1; Laws 1980, ch. 106, § 1; Laws 1980, ch. 266, § 2; Laws 1981, ch. 82, § 37; Laws 1983, ch. 248, § 1; Laws 1985, ch. 143, § 1; Laws 1986, ch. 244, § 1; Laws 1987, ch. 360, § 1; Laws 1991, ch. 215, §§ 2, 4; Laws 1991, ch. 257, §§ 1, 2; Laws 1992, ch. 290, § 7; Laws 1994, ch. 182, §§ 1, 3; Laws 1995, ch. 116, § 1; Laws 1996, ch. 201, § 2; Laws 1997, ch. 321, § 1; Laws 1997, ch. 323, § 1; Laws 1997, ch. 383, § 70; Laws 1998, ch. 172, § 8; Laws 1999, ch. 18, § 18; Laws 2002, ch. 5, § 1; Laws 2006, ch. 230, § 46; Laws 2012, ch. 205, § 1, eff. July 3, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-907

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

§ 709-907. Repealed by Laws 1983, ch. 248, § 2


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 709-908

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 709. Offenses Against the Family and Against Incompetents (Refs & Annos)

§ 709-908. Tobacco; minors


(1) It shall be unlawful to sell or furnish tobacco in any shape or form, including chewing tobacco and snuff, to a minor under eighteen years of age.


(2) Signs using the statement, “The sale of tobacco products to persons under eighteen is prohibited”, shall be posted on or near any vending machine in letters at least one-half inch high and at or near the point of sale of any other location where tobacco products are sold in letters at least one-half inch high.


(3) It shall be unlawful for a minor under eighteen years of age to purchase any tobacco product, as described under subsection (1). This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a law enforcement activity or a study authorized by the department of health under the supervision of law enforcement to determine the level of incidence of tobacco sales to minors.


(4) Any person who violates subsection (1) or (2), or both, shall be fined $500 for the first offense. Any subsequent offenses shall subject the person to a fine not less than $500 nor more than $2,000. Any minor under eighteen years of age who violates subsection (3) shall be fined $10 for the first offense. Any subsequent offense shall subject the violator to a fine of $50, no part of which shall be suspended, or the person shall be required to perform not less than forty-eight hours nor more than seventy-two hours of community service during hours when the person is not employed and is not attending school.


CREDIT(S)


Laws 1990, ch. 164, § 2; Laws 1996, ch. 312, § 1; Laws 1997, ch. 296, § 1; Laws 1998, ch. 161, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1000

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part I. General Provisions Relating to Offenses Against Public Administration

§ 710-1000. Definitions of terms in this chapter


In this chapter, unless a different meaning plainly is required:


(1) “Administrative proceeding” means any proceeding the outcome of which is required to be based on a record or documentation prescribed by law, or in which law or regulation is particularized in application to individuals;


(2) “Benefit” means gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare the beneficiary is interested;


(3) “Custody” means restraint by a public servant pursuant to arrest, detention, or order of a court;


(4) “Detention facility” means any place used for the confinement of a person:


(a) Arrested for, charged with, or convicted of a criminal offense; or


(b) Confined pursuant to chapter 571; or


(c) Held for extradition; or


(d) Otherwise confined pursuant to an order of a court;


(5) “Government” includes any branch, subdivision, or agency of the government of this State or any locality within it;


(6) “Governmental function” includes any activity which a public servant is legally authorized to undertake on behalf of the government;


(7) “Harm” means loss, disadvantage, or injury, or anything so regarded by the person affected, including loss, disadvantage, or injury to any other person or entity in whose welfare the person affected is interested;


(8) “Juror” means any person who is a member of any jury, including a grand jury, impaneled by any court of this State or by any public servant authorized by law to impanel a jury, and also includes any person who has been drawn or summoned to attend as a prospective juror;


(9) “Materially false statement” means any false statement, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of the proceeding; whether a falsification is material in a given factual situation is a question of law;


(10) “Oath” includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated, and, for the purposes of this chapter, written statements shall be treated as if made under oath if:


(a) The statement was made on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable; or


(b) The statement recites that it was made under oath or affirmation, the declarant was aware of such recitation at the time the declarant made the statement and intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto;


(11) “Oath required or authorized by law” means an oath the use of which is specifically provided for by statute or appropriate regulatory provision;


(12) “Official proceeding” means a proceeding heard or which may be heard before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, including any referee, hearing examiner, commissioner, notary, or other person taking testimony or deposition in connection with any such proceeding;


(13) “Law enforcement officer” means any public servant, whether employed by the State or subdivisions thereof or by the United States, vested by law with a duty to maintain public order or, to make arrests for offenses or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses;


(14) “Pecuniary benefit” is benefit in the form of money, property, commercial interests, or anything else the primary significance of which is economic gain;


(15) “Public servant” means any officer or employee of any branch of government, whether elected, appointed, or otherwise employed, and any person participating as advisor, consultant, or otherwise, in performing a governmental function, but the term does not include jurors or witnesses;


(16) “Statement” means any representation, but includes a representation of opinion, belief, or other state of mind only if the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation;


(17) “Testimony” includes oral or written statements, documents, or any other material that may be offered by a witness in an official proceeding.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1987, ch. 130, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1001

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part I. General Provisions Relating to Offenses Against Public Administration

§ 710-1001. Forfeiture of property used as benefit or pecuniary benefit in the commission of an offense defined in this chapter


Any property offered, conferred, agreed to be conferred, or accepted as a benefit, pecuniary benefit, or compensation in the commission of an offense defined in this chapter is forfeited, subject to the requirements of chapter 712A, to the State.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1989, ch. 261, § 21.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1010

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

§ 710-1010. Obstructing government operations


(1) A person commits the offense of obstructing government operations if, by using or threatening to use violence, force, or physical interference or obstacle, the person intentionally obstructs, impairs, or hinders:


(a) The performance of a governmental function by a public servant acting under color of the public servant's official authority;


(b) The enforcement of the penal law or the preservation of the peace by a law enforcement officer acting under color of the law enforcement officer's official authority; or


(c) The operation of a radio, telephone, television, or other telecommunication system owned or operated by the State or one of its political subdivisions.


(2) This section does not apply to:


(a) The obstruction, impairment, or hindrance of the making of an arrest; or


(b) The obstruction, impairment, or hindrance of any governmental function, as provided by law, in connection with a labor dispute with the government.


(3) Obstruction of government operations is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1980, ch. 150, § 1; Laws 1984, ch. 90, § 1; Laws 1991, ch. 223, § 2; Laws 2001, ch. 91, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1010.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

[§ 710-1010.5]. Interference with reporting an emergency or crime


(1) A person commits the offense of interference with reporting an emergency or crime if the person intentionally or knowingly prevents a victim or witness to a criminal act from calling a 911-emergency telephone system, obtaining medical assistance, or making a report to a law enforcement officer.


(2) Interference with the reporting of an emergency or crime is a petty misdemeanor.


CREDIT(S)


Laws 2001, ch. 294, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1011

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

§ 710-1011. Refusing to aid a law enforcement officer


(1) A person commits the offense of refusing to aid a law enforcement officer when, upon a reasonable command by a person known to him to be a law enforcement officer, he intentionally refuses or fails to aid such law enforcement officer, in:


(a) Effectuating or securing an arrest; or


(b) Preventing the commission by another of any offense.


(2) Refusing to aid a law enforcement officer is a petty misdemeanor.


(3) A person who complies with this section by aiding a law enforcement officer shall not be held liable to any person for damages resulting therefrom, provided he acted reasonably under the circumstances known to him at the time.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 2001, ch. 91, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1012

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

§ 710-1012. Refusing to assist in fire control


(1) A person commits the offense of refusing to assist in fire control when:


(a) Upon a reasonable command by a person known to him to be a firefighter, he intentionally refuses to aid in extinguishing a fire or in protecting property at the scene of a fire; or


(b) Upon command by a person known to him to be a firefighter or law enforcement officer, he intentionally disobeys an order or regulation relating to the conduct of persons in the vicinity of a fire.


(2) “Firefighter” means any officer of a fire department or any other person vested by law with the duty to extinguish fires.


(3) Refusing to assist in fire control is a petty misdemeanor.


(4) A person who complies with this section by assisting in fire control shall not be held liable to any person for damages resulting therefrom, provided he acted reasonably under the circumstances known to him at the time.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1977, ch. 191, § 2; Laws 1983, ch. 124, § 15; Laws 2001, ch. 91, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1013

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

§ 710-1013. Compounding


(1) A person commits the offense of compounding if the person intentionally accepts or agrees to accept any pecuniary benefit as consideration for:


(a) Refraining from seeking prosecution of an offense; or


(b) Refraining from reporting to law-enforcement authorities the commission or suspected commission of any offense or information relating to the offense.


(2) It is an affirmative defense to a prosecution under subsection (1) that the pecuniary benefit did not exceed an amount which the defendant believed to be due as restitution or indemnification for harm caused by the offense.


(3) Compounding is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1014

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

§ 710-1014. Rendering a false alarm


(1) A person commits the offense of rendering a false alarm if the person knowingly causes a false alarm of fire or other emergency to be transmitted to or within an official or volunteer fire department, any other government agency, or any public utility that deals with emergencies involving danger to life or property.


(2) Rendering a false alarm is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1014.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

[§ 710-1014.5]. Misuse of 911 emergency telephone service


(1) A person commits the offense of misuse of 911 emergency telephone service if the person accesses the telephone number 911 and:


(a) Knowingly causes a false alarm; or


(b) Makes a false complaint or a report of false information in reckless disregard of the risk that a public safety agency will respond by dispatching emergency services.


(2) Misuse of 911 emergency telephone service is a misdemeanor.


(3) For purposes of this section, “public safety agency” means any federal, state, or county police, fire, emergency medical service, or civil defense relief agency.


CREDIT(S)


Laws 2005, ch. 17, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1015

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

§ 710-1015. False reporting to law-enforcement authorities


(1) A person commits the offense of false reporting to law-enforcement authorities if the person intentionally makes a report or causes the transmission of a report to law-enforcement authorities relating to a crime or other incident within their concern when the person knows that the information contained in the report is false.


(2) False reporting to law-enforcement authorities is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1016

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

§ 710-1016. Impersonating a public servant


(1) A person commits the offense of impersonating a public servant if the person pretends to be a public servant other than a law enforcement officer and engages in any conduct in that capacity with intent to deceive anyone.


(2) It is no defense to a prosecution under this section that the office the person pretended to hold did not in fact exist.


(3) Impersonating a public servant is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 139, § 2; Laws 2001, ch. 91, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1016.3

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

[§ 710-1016.3]. Obtaining a government-issued identification document under false pretenses in the first degree


(1) A person commits the offense of obtaining a government-issued identification document under false pretenses in the first degree if that person, with intent to mislead a public servant and intent to facilitate a felony, obtains an identification document issued by the State or any political subdivision thereof by:


(a) Making any statement, oral or written, that the person does not believe to be true, in an application for any identification document issued by the State or any political subdivision thereof; or


(b) Submitting or inviting reliance on any writing that the person knows to be falsely made, completed, or altered.


(2) Obtaining a government-issued identification document under false pretenses in the first degree is a class C felony.


CREDIT(S)


Laws 2002, ch. 224, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1016.4

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

[§ 710-1016.4]. Obtaining a government-issued identification document under false pretenses in the second degree


(1) A person commits the offense of obtaining a government-issued identification document under false pretenses in the second degree if that person, with intent to mislead a public servant, obtains an identification document issued by the State or any political subdivision thereof by:


(a) Making any statement, oral or written, that the person does not believe to be true, in an application for any identification document issued by the State or any political subdivision thereof; or


(b) Submitting or inviting reliance on any writing that the person knows to be falsely made, completed, or altered.


(2) Obtaining a government-issued identification document under false pretenses in the second degree is a misdemeanor.


CREDIT(S)


Laws 2002, ch. 224, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1016.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

§ 710-1016.5. Repealed by Laws 1987, ch. 130, § 2


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1016.6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

[§ 710-1016.6]. Impersonating a law enforcement officer in the first degree


(1) A person commits the offense of impersonating a law enforcement officer in the first degree if, with intent to deceive, the person pretends to be a law enforcement officer and is armed with a firearm.


(2) Impersonating a law enforcement officer in the first degree is a class C felony.


CREDIT(S)


Laws 1987, ch. 130, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1016.7

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

[§ 710-1016.7]. Impersonating a law enforcement officer in the second degree


(1) A person commits the offense of impersonating a law enforcement officer in the second degree if, with intent to deceive, the person pretends to be a law enforcement officer.


(2) Impersonating a law enforcement officer in the second degree is a misdemeanor.


CREDIT(S)


Laws 1987, ch. 130, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1016.8

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

[§ 710-1016.8]. Presumptions


Any person other than a law enforcement officer, who wears the uniform or displays the badge or identification card of a law enforcement officer, or who wears a uniform or displays a badge or identification card resembling the uniform, badge or identification card of a law enforcement officer, or a badge or identification card purported to be a law enforcement officer's badge or identification card, shall be presumed to be pretending to be a law enforcement officer.


CREDIT(S)


Laws 1987, ch. 130, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1016.9

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

[§ 710-1016.9]. Defense


(1) Employment by the State or a subdivision thereof or by the United States as a law enforcement officer at the time of the conduct charged is an affirmative defense to a prosecution for impersonating a law enforcement officer.


(2) It is no defense to a prosecution for impersonating a law enforcement officer that the office the person pretended to hold did not in fact exist.


CREDIT(S)


Laws 1987, ch. 130, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1017

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

§ 710-1017. Tampering with a government record


(1) A person commits the offense of tampering with a government record if:


(a) The person knowingly and falsely makes, completes, or alters, or knowingly makes a false entry in, a written instrument which is or purports to be a government record or a true copy thereof; or


(b) The person knowingly presents or uses a written instrument which is or purports to be a government record or a true copy thereof, knowing that it has been falsely made, completed, or altered, or that a false entry has been made therein, with intent that it be taken as genuine; or


(c) The person knowingly records, registers, or files, or offers for recordation, registration, or filing, in a governmental office or agency, a written statement which has been falsely made, completed, or altered, or in which a false entry has been made, or which contains a false statement or false information; or


(d) Knowing the person lacks the authority to do so:


(i) The person intentionally destroys, mutilates, conceals, removes, or otherwise impairs the availability of any government records; or


(ii) The person refuses to deliver up a government record in the person's possession upon proper request of a public servant entitled to receive such record for examination or other purposes.


(2) For the purpose of this section, “government record” includes all official books, papers, written instruments, or records created, issued, received, or kept by any governmental office or agency or required by law to be kept by others for the information of the government.


(3) Tampering with government records is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1991, ch. 145, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1017.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

[§ 710-1017.5]. Sale or manufacture of deceptive identification document; penalties


(1) A person commits the offense of sale or manufacture of deceptive identification document if the person intentionally or knowingly manufactures, sells, offers for sale, furnishes, offers to be furnished, transports, offers to be transported, or imports or offers to be imported into this State a deceptive identification document.


(2) As used in this section, “deceptive identification document” means any identification document not issued by a governmental agency that purports to be, or that might deceive a reasonable person into believing that it is, an identification document issued by a governmental agency, including a driver's license, identification card, birth certificate, passport, or social security card.


(3) The sale or manufacture of a deceptive identification document is a class C felony.


(4) Any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit an offense under this section, or that facilitated or assisted such activity, shall be subject to forfeiture under chapter 712A.


CREDIT(S)


Laws 2001, ch. 230, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1018

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

§ 710-1018. Securing the proceeds of an offense


(1) A person commits the offense of securing the proceeds of an offense if, with intent to assist another in profiting or benefiting from the commission of a crime, he aids the person in securing the proceeds of the crime.


(2) Securing the proceeds of an offense is a class C felony if the person assisted committed a class A or B felony or murder of any degree; otherwise it is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1997, ch. 149, § 5.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1019

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part II. Obstruction of Public Administration

[§ 710-1019]. Destroying or defacing official notices; penalty


(1) Any person who intentionally or knowingly removes, destroys or defaces any notice posted in compliance with any statute, rule, order of court, or order of the department of health, before the expiration date of the notice, shall be guilty of a violation subject to a fine of not more than $100.


(2) Any such notice shall prominently include the expiration date and a statement, “THE DESTRUCTION, REMOVAL, OR DEFACEMENT OF THIS NOTICE PRIOR TO THE EXPIRATION DATE IS PROHIBITED BY LAW AND PUNISHABLE BY FINE.”


CREDIT(S)


Laws 1991, ch. 223, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1020

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1020. Escape in the first degree


(1) A person commits the offense of escape in the first degree if the person intentionally employs physical force, the threat of physical force, or a dangerous instrument against the person of another in escaping from a correctional or detention facility or from custody.


(2) Escape in the first degree is a class B felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1021

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1021. Escape in the second degree


(1) A person commits the offense of escape in the second degree if the person intentionally escapes from a correctional or detention facility or from custody.


(2) Escape in the second degree is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1022

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1022. Promoting prison contraband in the first degree


(1) A person commits the offense of promoting prison contraband in the first degree if:


(a) The person intentionally conveys a dangerous instrument or drug to any person confined in a correctional or detention facility; or


(b) Being a person confined in a correctional or detention facility, the person intentionally makes, obtains, or possesses a dangerous instrument or drug.


(2) A “dangerous instrument” shall have the same meaning as defined in section 707-700; a dangerous instrument may only be possessed by or conveyed to a confined person with the facility administrator's express prior approval. A “drug” shall include dangerous drugs, detrimental drugs, harmful drugs, intoxicating compounds, marijuana, and marijuana concentrates as listed in section 712-1240; a drug may only be possessed by or conveyed to a confined person with the facility administrator's express prior approval and under medical supervision.


(3) Promoting prison contraband in the first degree is a class B felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1976, ch. 99, § 1; Laws 1984, ch. 90, § 1; Laws 1986, ch. 339, § 79.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1023

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1023. Promoting prison contraband in the second degree


(1) A person commits the offense of promoting prison contraband in the second degree if:


(a) The person intentionally conveys known contraband to any person confined in a correctional or detention facility; or


(b) Being a person confined in a correctional or detention facility, the person intentionally makes, obtains, or possesses known contraband.


(2) “Contraband” means any article or thing, other than a dangerous instrument or drug as defined in section 710-1022(2), that a person confined in a correctional or detention facility is prohibited from obtaining or possessing by statute, rule, or order.


(3) Promoting prison contraband in the second degree is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1999, ch. 23, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1024

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1024. Bail jumping in the first degree


(1) A person commits the offense of bail jumping in the first degree if, having been released from custody by court order with or without bail, upon condition that the person will subsequently appear as ordered in connection with a charge of having committed a felony, the person knowingly fails to appear as ordered.


(2) Bail jumping in the first degree is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1993, ch. 10, § 1; Laws 2004, ch. 17, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1025

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1025. Bail jumping in the second degree


(1) A person commits the offense of bail jumping in the second degree if, having been released from custody by court order with or without bail, upon condition that the person will subsequently appear as ordered in connection with a charge of having committed a misdemeanor or a petty misdemeanor, the person knowingly fails to appear as ordered.


(2) Bail jumping in the second degree is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 2004, ch. 17, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1026

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1026. Resisting arrest


(1) A person commits the offense of resisting arrest if the person intentionally prevents a law enforcement officer acting under color of the law enforcement officer's official authority from effecting an arrest by:


(a) Using or threatening to use physical force against the law enforcement officer or another; or


(b) Using any other means creating a substantial risk of causing bodily injury to the law enforcement officer or another.


(2) Resisting arrest is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 2001, ch. 91, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1027

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1027. Resisting an order to stop a motor vehicle


(1) A person commits the offense of resisting an order to stop a motor vehicle if the person intentionally fails to obey a direction of a law enforcement officer, acting under color of the law enforcement officer's official authority, to stop the person's vehicle.


(2) Resisting an order to stop a motor vehicle is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 2001, ch. 91, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1028

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1028. Hindering prosecution; definition of rendering assistance


For the purposes of sections [710-1029 and 710-1030], a person renders assistance to another if he:


(1) Harbors or conceals such person;


(2) Warns such person of impending discovery, apprehension, prosecution, or conviction, except this does not apply to a warning given in connection with an effort to bring another into compliance with the law;


(3) Provides such person with money, transportation, weapon, disguise, or other means of avoiding discovery, apprehension, prosecution, or conviction;


(4) Prevents or obstructs, by means of force, deception, or intimidation, anyone from performing an act that might aid in the discovery, apprehension, prosecution, or conviction of such person; or


(5) Suppresses by an act of concealment, alteration, or destruction any physical evidence that might aid in the discovery, apprehension, prosecution, or conviction of such person.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1029

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1029. Hindering prosecution in the first degree


(1) A person commits the offense of hindering prosecution in the first degree if, with the intent to hinder the apprehension, prosecution, conviction, or punishment of another for a class A, B, or C felony or murder in any degree, the person renders assistance to the other person.


(2) Hindering prosecution in the first degree is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1997, ch. 149, § 6.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1030

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1030. Hindering prosecution in the second degree


(1) A person commits the offense of hindering prosecution in the second degree if, with the intent to hinder the apprehension, prosecution, conviction, or punishment of another for a crime, he renders assistance to such person.


(2) Hindering prosecution in the second degree is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1031

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part III. Escape and Other Offenses Related to Custody

§ 710-1031. Intimidating a correctional worker


(1) A person commits the offense of intimidation of a correctional worker if the person uses force upon or a threat of force directed to a correctional worker, or the correctional worker's immediate family, with intent to influence such worker's conduct, decision, action or abstention from action as a correctional worker.


(2) “Correctional worker,” as used in this section means any employee of the State or any county who works in a correctional or detention facility, a court, a paroling authority or who by law has jurisdiction over any legally committed offender or any person placed on probation or parole.


(3) “Threat” as used in this section means any threat proscribed by section 707-764(1).


(4) Intimidation of a correctional worker is a Class B felony.


CREDIT(S)


Laws 1974, ch. 196, § 1; Laws 1980, ch. 267, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1040

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part IV. Bribery

§ 710-1040. Bribery


(1) A person commits the offense of bribery if:


(a) The person confers, or offers or agrees to confer, directly or indirectly, any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion, or other action in the public servant's official capacity; or


(b) While a public servant, the person solicits, accepts, or agrees to accept, directly or indirectly, any pecuniary benefit with the intent that the person's vote, opinion, judgment, exercise of discretion, or other action as a public servant will thereby be influenced.


(2) It is a defense to a prosecution under subsection (1) that the accused conferred or agreed to confer the pecuniary benefit as a result of extortion or coercion.


(3) For purposes of this section, “public servant” includes in addition to persons who occupy the position of public servant as defined in section 710-1000(15), persons who have been elected, appointed, or designated to become a public servant although not yet occupying that position.


(4) Bribery is a class B felony. A person convicted of violating this section, notwithstanding any law to the contrary, shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 2006, ch. 230, § 47.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1060

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part V. Perjury and Related Offenses

§ 710-1060. Perjury


(1) A person commits the offense of perjury if in any official proceeding the person makes, under an oath required or authorized by law, a false statement which the person does not believe to be true.


(2) No person shall be convicted under this section unless the court rules that the false statement is a “materially false statement” as defined by section 710-1000(9). It is not a defense that the declarant mistakenly believed the false statement to be immaterial.


(3) Perjury is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1061

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part V. Perjury and Related Offenses

§ 710-1061. False swearing in official matters


(1) A person commits the offense of false swearing in official matters if the person makes, under an oath required or authorized by law, a false statement which the person does not believe to be true, and:


(a) The statement is made in an official proceeding; or


(b) The statement is intended to mislead a public servant in the performance of the public servant's official duty.


(2) False swearing in official matters is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1062

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part V. Perjury and Related Offenses

§ 710-1062. False swearing


(1) A person commits the offense of false swearing if the person makes, under oath required or authorized by law, a false statement which the person does not believe to be true.


(2) False swearing is a petty misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1063

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part V. Perjury and Related Offenses

§ 710-1063. Unsworn falsification to authorities


(1) A person commits the offense of unsworn falsification to authorities if, with an intent to mislead a public servant in the performance of the public servant's duty, the person:


(a) Makes any written statement, which the person does not believe to be true, in an application for any pecuniary or other benefit or in a record or report required by law to be submitted to any governmental agency;


(b) Submits or invites reliance on any writing which the person knows to be falsely made, completed, or altered; or


(c) Submits or invites reliance on any sample, specimen, map, boundary-mark, or other object the person knows to be false.


(2) Unsworn falsification to authorities is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1064

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part V. Perjury and Related Offenses

§ 710-1064. Retraction


(1) It is a defense to a prosecution under this part that the defendant retracted the defendant's falsification:


(a) If the falsification was made in an official proceeding, in the course of the same proceeding before discovery of the falsification became known to the defendant; or


(b) If the falsification was not made in an official proceeding, before reliance upon the falsification by the person or body for whom it was intended.


(2) “In the course of the same proceeding” includes separate hearings at separate stages of the same official or administrative proceeding but does not include any stage of the proceeding after the close of the evidence.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1065

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part V. Perjury and Related Offenses

§ 710-1065. Inconsistent statements


(1) Where a person has made inconsistent statements, each of which if made with the requisite state of mind and under the requisite circumstances would constitute an offense specified in this part, and both statements have been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false; it shall only be necessary for the prosecution to prove:


(a) That one or the other was false and not believed by the defendant to be true; and


(b) The attendant circumstances and states of mind necessary to constitute each statement, if false, as an offense.


(2) The most serious offense of which a person may be convicted in such an instance shall be determined by hypothetically assuming each statement to be false. If offenses of different classes or grades would be established by the making of the two statements, the person may only be convicted of the lesser class or grade.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1066

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part V. Perjury and Related Offenses

§ 710-1066. No prosecution based on previous denial of guilt


No prosecution shall be brought:


(1) Under this part, if the substance of the defendant's false statement is the defendant's denial of guilt of an offense for which the defendant has previously been put in jeopardy; or


(2) For a substantive offense, the denial of which was the basis of a former prosecution under this part.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1067

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part V. Perjury and Related Offenses

§ 710-1067. Corroboration


In any prosecution under this part, except a prosecution based upon inconsistent statements pursuant to section 710-1065, falsity of a statement may not be established solely through contradiction by the testimony of a single witness.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1068

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part V. Perjury and Related Offenses

§ 710-1068. Irregularities no defense


It is not a defense to a prosecution under this part:


(1) That the defendant was not competent, for reasons other than lack of penal responsibility, to make the false statement alleged; or


(2) That the statement was inadmissible under the law of evidence; or


(3) That the oath was administered or taken in an irregular manner; or


(4) That the person administering the oath lacked authority to do so, if the taking of the oath was required or authorized by law.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1069

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part V. Perjury and Related Offenses

[§ 710-1069]. Misrepresenting a notarized document in the first degree


(1) A person commits the offense of misrepresenting a notarized document in the first degree if the person submits or invites reliance on a document that the person knows has been altered after the document had been notarized by a notary public in this or any other jurisdiction, and:


(a) The offense was committed with intent to mislead a public servant; or


(b) The offense was committed for purpose of commercial or private financial gain.


(2) Misrepresenting a notarized document in the first degree is a class C felony.


CREDIT(S)


Laws 2008, ch. 175, § 3, eff. Jan. 1, 2009.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1069.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part V. Perjury and Related Offenses

[§ 710-1069.5]. Misrepresenting a notarized document in the second degree


(1) A person commits the offense of misrepresenting a notarized document in the second degree if, with intent to mislead another, the person submits or invites reliance on a document that the person knows has been altered after the document had been notarized by a notary public in this or any other jurisdiction.


(2) Misrepresenting a notarized document in the second degree is a misdemeanor.


CREDIT(S)


Laws 2008, ch. 175, § 3, eff. Jan. 1, 2009.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1070

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part VI. Offenses Related to Judicial and Other Proceedings

§ 710-1070. Bribery of or by a witness


(1) A person commits the offense of bribing a witness if he confers, or offers or agrees to confer, directly or indirectly, any benefit upon a witness or a person he believes is about to be called as a witness in any official proceeding with intent to:


(a) Influence the testimony of that person;


(b) Induce that person to avoid legal process summoning him to testify; or


(c) Induce that person to absent himself from an official proceeding to which he has been legally summoned.


(2) A witness or a person believing he is about to be called as a witness in any official proceeding commits the offense of bribe receiving by a witness if he intentionally solicits, accepts, or agrees to accept, directly or indirectly, any benefit as consideration:


(a) Which will influence his testimony;


(b) For avoiding or attempting to avoid legal process summoning him to testify; or


(c) For absenting or attempting to absent himself from an official proceeding, to which he has been legally summoned.


(3) The offenses defined in this section are class C felonies.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1071

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part VI. Offenses Related to Judicial and Other Proceedings

§ 710-1071. Intimidating a witness


(1) A person commits the offense of intimidating a witness if he uses force upon or a threat directed to a witness or a person he believes is about to be called as a witness in any official proceeding, with intent to:


(a) Influence the testimony of that person;


(b) Induce that person to avoid legal process summoning him to testify; or


(c) Induce that person to absent himself from an official proceeding to which he has been legally summoned.


(2) “Threat” as used in this section means any threat proscribed by section 707-764(1).


(3) Intimidating a witness is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1980, ch. 267, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1072

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part VI. Offenses Related to Judicial and Other Proceedings

§ 710-1072. Tampering with a witness


(1) A person commits the offense of tampering with a witness if he intentionally engages in conduct to induce a witness or a person he believes is about to be called as a witness in any official proceeding to:


(a) Testify falsely or withhold any testimony which he is not privileged to withhold; or


(b) Absent himself from any official proceeding to which he has been legally summoned.


(2) Tampering with a witness is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1072.2

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part VI. Offenses Related to Judicial and Other Proceedings

[§ 710-1072.2]. Retaliating against a witness


(1) A person commits the offense of retaliating against a witness if the person uses force upon or threatens a witness or another person or damages the property of a witness or another person because of the attendance of the witness, or any testimony given, or any record, document, or other object produced, by the witness in an official proceeding.


(2) “Threaten” as used in this section means any threat proscribed by sections 707-764(1) and 707-764(2).


(3) Retaliating against a witness is a class C felony.


CREDIT(S)


Laws 1981, ch. 156, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1072.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part VI. Offenses Related to Judicial and Other Proceedings

§ 710-1072.5. Obstruction of justice


(1) A person commits the offense of obstruction of justice if the person intentionally engages in the following conduct: When called as a witness and having been granted immunity pursuant to chapters 480 and 621C before or after having been qualified as a witness, shall refuse to testify or be qualified as a witness when duly directed to testify or be qualified as a witness.


(2) Obstruction of justice is a class C felony.


CREDIT(S)


Laws 1978, ch. 211, § 1; Laws 1980, ch. 173, § 7; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1073

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part VI. Offenses Related to Judicial and Other Proceedings

§ 710-1073. Bribery of or by a juror


(1) A person commits the offense of bribing a juror if the person confers, or offers or agrees to confer, directly or indirectly, any benefit upon a juror with intent to influence the juror's vote, opinion, decision, or other action as a juror.


(2) A person is guilty of the offense of bribe receiving by a juror if the person intentionally solicits, accepts, or agrees to accept, directly or indirectly, any benefit as consideration which will influence the person's vote, opinion, decision, or other action as a juror.


(3) The offenses defined in this section are class C felonies.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1074

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part VI. Offenses Related to Judicial and Other Proceedings

§ 710-1074. Intimidating a juror


(1) A person commits the offense of intimidating a juror if the person uses force or a threat with intent to influence a juror's vote, opinion, decision, or other action as a juror.


(2) “Threat” as used in this section means any threat proscribed by section 707-764(1).


(3) Intimidating a juror is a class B felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1980, ch. 267, § 3; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1075

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part VI. Offenses Related to Judicial and Other Proceedings

§ 710-1075. Jury tampering


(1) A person commits the offense of jury tampering if, with intent to influence a juror's vote, opinion, decision, or other action in a case, the person attempts directly or indirectly to communicate with a juror other than as part of the proceedings in the trial of the case.


(2) Jury tampering is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1075.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part VI. Offenses Related to Judicial and Other Proceedings

[§ 710-1075.5]. Retaliating against a juror


(1) A person commits the offense of retaliating against a juror if the person uses force upon or threatens a juror or another person because of the vote, opinion, decision, or other action of the juror in an official proceeding.


(2) “Threaten” as used in this section means any threat proscribed in sections 707-764(1) and 707-764(2).


(3) Retaliating against a juror is a class C felony.


CREDIT(S)


Laws 1981, ch. 156, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1076

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part VI. Offenses Related to Judicial and Other Proceedings

§ 710-1076. Tampering with physical evidence


(1) A person commits the offense of tampering with physical evidence if, believing that an official proceeding is pending or about to be instituted, the person:


(a) Destroys, mutilates, conceals, removes, or alters physical evidence with intent to impair its verity in the pending or prospective official proceeding;


(b) Makes, presents, or offers any false physical evidence with intent that it be introduced in the pending or prospective official proceeding.


(2) “Physical evidence,” as used in this section includes any article, object, document, record, or other thing of physical substance.


(3) Tampering with physical evidence is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1077

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part VI. Offenses Related to Judicial and Other Proceedings

§ 710-1077. Criminal contempt of court


(1) A person commits the offense of criminal contempt of court if:


(a) The person recklessly engages in disorderly or contemptuous behavior, committed during the sitting of a court in its immediate view and presence, and directly tending to interrupt its proceedings or impair the respect due to its authority;


(b) The person creates a breach of peace or a disturbance with intent to interrupt a court's proceedings;


(c) As an attorney, clerk, or other officer of the court, the person knowingly fails to perform or violates a duty of the person's office, or knowingly disobeys a lawful directive or order of a court;


(d) The person knowingly publishes a false report of a court's proceedings;


(e) Knowing that the person is not authorized to practice law, the person represents the person's self to be an attorney and acts as such in a court proceeding;


(f) The person intentionally records or attempts to record the deliberation of a jury;


(g) The person knowingly disobeys or resists the process, injunction, or other mandate of a court;


(h) The person intentionally refuses to be qualified as a witness in any court or, after being qualified, to answer any proper interrogatory without a privilege to refuse to answer;


(i) Being a juror, the person intentionally, without permission of the court, fails to attend a trial or official proceeding to which the person has been summoned or at which the person has been chosen to serve; or


(j) The person is in violation or disobedience of any injunction or order expressly provided for in part V of chapter 712.


(2) Except as provided in subsections (3) and (7), criminal contempt of court is a misdemeanor.


(3) The court may treat the commission of an offense under subsection (1) as a petty misdemeanor, in which case:


(a) If the offense was committed in the immediate view and presence of the court, or under such circumstances that the court has knowledge of all of the facts constituting the offense, the court may order summary conviction and disposition; and


(b) If the offense was not committed in the immediate view and presence of the court, nor under such circumstances that the court has knowledge of all of the facts constituting the offense, the court shall order the defendant to appear before it to answer a charge of criminal contempt of court; the trial, if any, upon the charge shall be by the court without a jury; and proof of guilt beyond a reasonable doubt shall be required for conviction.


(4) When the contempt under subsection (1) also constitutes another offense, the contemnor may be charged with and convicted of the other offense notwithstanding the fact that the contemnor has been charged with or convicted of the contempt.


(5) Whenever any person is convicted of criminal contempt of court or sentenced therefor, the particular circumstances of the offense shall be fully set forth in the judgment and in the order or warrant of commitment. In any proceeding for review of the judgment, sentence, or commitment, no presumption of law shall be made in support of the jurisdiction to render the judgment, pronounce the sentence, or order the commitment. A judgment, sentence, or commitment under subsection (3)(a) shall not be subject to review by appeal, but shall be subject to review in an appropriate proceeding for an extraordinary writ or in a special proceeding for review.


All other judgments, sentences, or commitments for criminal contempt of court shall be subject to review by appeal, in a proceeding for an appropriate extraordinary writ, or in a special proceeding for review.


(6) Nothing in this section shall be construed to alter the court's power to punish civil contempt. When the contempt consists of the refusal to perform an act which the contemnor has the power to perform, the contemnor may be imprisoned until the contemnor has performed it. In such a case the act shall be specified in the warrant of commitment. In any proceeding for review of the judgment or commitment, no presumption of law shall be made in support of the jurisdiction to render the judgment or order the commitment. When a court of competent jurisdiction issues an order compelling a parent to furnish support, including child support, medical support, or other remedial care, for the parent's child, it shall constitute prima facie evidence of a civil contempt of court upon proof that:


(1) The order was made, filed, and served on the parent or proof that the parent was present in court at the time the order was pronounced; and


(2) The parent did not comply with the order.


An order of civil contempt of court based on prima facie evidence under this subsection shall clearly state that the failure to comply with the order of civil contempt of court may subject the parent to a penalty that may include imprisonment or, if imprisonment is immediately ordered, the conditions that must be met for release from imprisonment. A party may also prove civil contempt of court by means other than prima facie evidence under this subsection.


(7) Any violation or disobedience of any injunction or order expressly provided for in part V of chapter 712 is punishable by:


(a) A fine of not less than $400 nor more than $5,000, or


(b) By imprisonment for not less than one nor more than six months, or


(c) Both (a) and (b).


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 136, § 8(a); Laws 1979, ch. 181, § 3; Laws 1984, ch. 90, § 1; Laws 1987, ch. 176, § 3; Laws 1988, ch. 141, § 60; Laws 2008, ch. 157, § 3, eff. Jan. 1, 2009.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 710-1078

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 710. Offenses Against Public Administration

Part VI. Offenses Related to Judicial and Other Proceedings

[§ 710-1078]. Disrespect of a house of the legislature


(1) A person who is not a member of either house of the legislature commits the offense of disrespect of a house of the legislature if, while the person is present at a legislative session of either house or at a hearing of any committee of either house, the person creates a breach of peace or disturbance with intent to interrupt the proceeding.


(2) Whenever there is probable cause to believe that a person has violated subsection (1), the person shall be subject to arrest and removal from the presence of the legislature or either house or any committee of a house, by the sergeant-at-arms of the affected house or by any other law enforcement officer of the State, as directed by the sergeant-at-arms.


(3) Disrespect of a house of the legislature is a petty misdemeanor.


CREDIT(S)


Laws 2012, ch. 204, § 1, eff. July 1, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS D. 5, T. 37, Ch. 711, Refs & Annos

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1100

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1100. Definitions


In this chapter, unless a different meaning is plainly required, or the definition is otherwise limited by this section:


“Animal” includes every living creature, except a human being.


“Equine animal” means an animal of or belonging to the family Equidae, including horses, ponies, mules, donkeys, asses, burros, and zebras.


“Facsimile” means a document produced by a receiver of signals transmitted over telecommunication lines, after translating the signals, to produce a duplicate of an original document.


“Necessary sustenance” means care sufficient to preserve the health and well-being of a pet animal, except for emergencies or circumstances beyond the reasonable control of the owner or caretaker of the pet animal, and includes but is not limited to the following requirements:


(1) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight;


(2) Open or adequate access to water in sufficient quantity and quality to satisfy the animal's needs;


(3) Access to protection from wind, rain, or sun;


(4) An area of confinement that has adequate space necessary for the health of the animal and is kept reasonably clean and free from excess waste or other contaminants that could affect the animal's health; provided that the area of confinement in a primary pet enclosure must:


(A) Provide access to shelter;


(B) Be constructed of safe materials to protect the pet animal from injury;


(C) Enable the pet animal to be clean, dry, and free from excess waste or other contaminants that could affect the pet animal's health;


(D) Provide the pet animal with a solid surface or resting platform that is large enough for the pet animal to lie upon in a normal manner, or, in the case of a caged bird a perch that is large enough for the bird to perch upon in a normal manner;


(E) Provide sufficient space to allow the pet animal to, at minimum, do the following:


(i) Easily stand, sit, lie, turn around, and make all other normal body movements in a comfortable manner for the pet animal, without making physical contact with any other animal in the enclosure; and


(ii) Interact safely with other animals within the enclosure; and


(5) Veterinary care when needed to prevent suffering.


“Obstructs” means renders impassable without unreasonable inconvenience or hazard.


“Pet animal” means a dog, cat, domesticated rabbit, guinea pig, domesticated pig, or caged birds (passeriformes, piciformes, and psittaciformes only) so long as not bred for consumption.


“Primary pet enclosure” means any kennel, cage, or structure used to restrict only a pet animal as defined in this section to a limited area of space, and does not apply to the confinement of any animals that are raised for food, such as any poultry that is raised for meat or egg production and livestock, rabbits, or pigs that are raised specifically for meat production because these animals are not pets when raised for meat or egg production.


“Private place” means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group thereof has access.


“Public” means affecting or likely to affect a substantial number of persons.


“Public place” means a place to which the public or a substantial group of persons has access and includes highways, transportation facilities, schools, places of amusement or business, parks, playgrounds, prisons, and hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.


“Record”, for the purposes of sections 711-1110.9 and 711-1111, means to videotape, film, photograph, or archive electronically or digitally.


“Torment” means fail to attempt to mitigate substantial bodily injury with respect to a person who has a duty of care to the animal.


“Torture” includes every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 192, § 3; Laws 1987, ch. 176, § 4; Laws 1992, ch. 292, § 3; Laws 1998, ch. 173, § 1; Laws 2003, ch. 48, § 1; Laws 2004, ch. 83, § 1; Laws 2007, ch. 114, § 3, eff. June 1, 2007; Laws 2008, ch. 111, § 1, eff. May 27, 2008; Laws 2010, ch. 147, § 2, eff. January 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1101

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1101. Disorderly conduct


(1) A person commits the offense of disorderly conduct if, with intent to cause physical inconvenience or alarm by a member or members of the public, or recklessly creating a risk thereof, the person:


(a) Engages in fighting or threatening, or in violent or tumultuous behavior; or


(b) Makes unreasonable noise; or


(c) Subjects another person to offensively coarse behavior or abusive language which is likely to provoke a violent response; or


(d) Creates a hazardous or physically offensive condition by any act which is not performed under any authorized license or permit; or


(e) Impedes or obstructs, for the purpose of begging or soliciting alms, any person in any public place or in any place open to the public.


(2) Noise is unreasonable, within the meaning of subsection (1)(b), if considering the nature and purpose of the person's conduct and the circumstances known to the person, including the nature of the location and the time of the day or night, the person's conduct involves a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation; or the failure to heed the admonition of a police officer that the noise is unreasonable and should be stopped or reduced.


The renter, resident, or owner-occupant of the premises who knowingly or negligently consents to unreasonable noise on the premises shall be guilty of a noise violation.


(3) Disorderly conduct is a petty misdemeanor if it is the defendant's intention to cause substantial harm or serious inconvenience, or if the defendant persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a violation.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 136, § 9(a); Laws 1974, ch. 164, § 1; Laws 1978, ch. 182, § 1; Laws 1979, ch. 79, § 1; Laws 1984, ch. 90, § 1; Laws 2003, ch. 48, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1102

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1102. Failure to disperse


(1) When six or more persons are participating in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance, or alarm, a law enforcement officer may order the participants and others in the immediate vicinity to disperse.


(2) A person commits the offense of failure to disperse if the person knowingly fails to comply with an order made pursuant to subsection (1).


(3) Failure to disperse is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 2001, ch. 91, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1103

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1103. Riot


(1) A person commits the offense of riot if the person participates with five or more other persons in a course of disorderly conduct:


(a) With intent to commit or facilitate the commission of a felony; or


(b) When the person or any other participant to the person's knowledge uses or intends to use a firearm or other dangerous instrument in the course of the disorderly conduct.


(2) Riot is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1104

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1104. Unlawful assembly


(1) A person commits the offense of unlawful assembly if:


(a) The person assembles with five or more other persons with intent to engage in conduct constituting a riot; or


(b) Being present at an assembly that either has or develops a purpose to engage in conduct constituting a riot, the person remains there with intent to advance that purpose.


(2) Unlawful assembly is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1105

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1105. Obstructing


(1) A person commits the offense of obstructing if, having no legal privilege to do so, the person knowingly or recklessly obstructs any highway or public passage, whether alone or with others.


(2) A person in a gathering commits the offense of obstructing if the person refuses to obey a reasonable request or order by a law enforcement officer to move:


(a) To prevent obstruction of a highway or other public passage; or


(b) To maintain public safety by dispersing those gathered in dangerous proximity to a public hazard.


(3) An order to move under subsection (2)(a), addressed to a person whose speech or other lawful behavior attracts an obstructing audience, is not reasonable if the obstruction can be readily remedied by police control.


(4) A person is not guilty of violating subsection (1) solely because persons gather to hear the person speak or because the person is a member of such a gathering.


(5) Obstructing is a petty misdemeanor if the person persists in the conduct specified in subsection (1) after a warning by a law enforcement officer; otherwise it is a violation.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 2001, ch. 91, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1106

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1106. Harassment


(1) A person commits the offense of harassment if, with intent to harass, annoy, or alarm any other person, that person:


(a) Strikes, shoves, kicks, or otherwise touches another person in an offensive manner or subjects the other person to offensive physical contact;


(b) Insults, taunts, or challenges another person in a manner likely to provoke an immediate violent response or that would cause the other person to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another;


(c) Repeatedly makes telephone calls, facsimile transmissions, or any form of electronic communication as defined in section 711-1111(2), including electronic mail transmissions, without purpose of legitimate communication;


(d) Repeatedly makes a communication anonymously or at an extremely inconvenient hour;


(e) Repeatedly makes communications, after being advised by the person to whom the communication is directed that further communication is unwelcome; or


(f) Makes a communication using offensively coarse language that would cause the recipient to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another.


(2) Harassment is a petty misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 136, § 9(b); Laws 1992, ch. 292, § 4; Laws 1996, ch. 245, § 2; Laws 2009, ch. 90, § 1, eff. June 5, 2009.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1106.4

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1106.4. Aggravated harassment by stalking


(1) A person commits the offense of aggravated harassment by stalking if that person commits the offense of harassment by stalking as provided in section 711-1106.5 and has been convicted previously of harassment by stalking under section 711-1106.5 within five years of the instant offense.


(2) Aggravated harassment by stalking is a class C felony.


CREDIT(S)


Laws 1995, ch. 159, § 1; Laws 2003, ch. 68, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1106.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1106.5. Harassment by stalking


(1) A person commits the offense of harassment by stalking if, with intent to harass, annoy, or alarm another person, or in reckless disregard of the risk thereof, that person engages in a course of conduct involving pursuit, surveillance, or nonconsensual contact upon the other person on more than one occasion without legitimate purpose.


(2) A person convicted under this section may be required to undergo a counseling program as ordered by the court.


(3) For purposes of this section, “nonconsensual contact” means any contact that occurs without that individual's consent or in disregard of that person's express desire that the contact be avoided or discontinued. Nonconsensual contact includes direct personal visual or oral contact and contact via telephone, facsimile, or any form of electronic communication, as defined in section 711-1111(2), including electronic mail transmission.


(4) Harassment by stalking is a misdemeanor.


CREDIT(S)


Laws 1992, ch. 292, § 2; Laws 2003, ch. 68, § 2; Laws 2009, ch. 90, § 2, eff. June 5, 2009.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1106.6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

[§ 711-1106.6]. Harassment by impersonation


(1) A person commits the offense of harassment by impersonation if that person poses as another person, without the express authorization of that person, and makes or causes to be made, either directly or indirectly, a transmission of any personal information of the person to another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to harass, annoy, or alarm any person.


(2) Harassment by impersonation is a misdemeanor.


(3) For the purposes of this section:


“Personal information” means information associated with an actual person that is a name, an address, a telephone number, or an electronic mail address.


“Pose” means to falsely represent oneself, directly or indirectly, as another person or persons.


CREDIT(S)


Laws 2008, ch. 133, § 1, eff. June 2, 2008.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1107

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1107. Desecration


(1) A person commits the offense of desecration if the person intentionally desecrates:


(a) Any public monument or structure; or


(b) A place of worship or burial; or


(c) In a public place the national flag or any other object of veneration by a substantial segment of the public.


(2) “Desecrate” means defacing, damaging, polluting, or otherwise physically mistreating in a way that the defendant knows will outrage the sensibilities of persons likely to observe or discover the defendant's action.


(3) Any person convicted of committing the offense of desecration shall be sentenced to a term of imprisonment of not more than one year, a fine of not more than $10,000, or both.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 2002, ch. 198, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1108

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1108. Abuse of a corpse


(1) A person commits the offense of abuse of a corpse if, except as authorized by law, the person treats a human corpse in a way that the person knows would outrage ordinary family sensibilities.


(2) Abuse of a corpse is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1108.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1108.5. Cruelty to animals in the first degree


(1) A person commits the offense of cruelty to animals in the first degree if the person intentionally or knowingly :


(a) Tortures, mutilates, or poisons or causes the torture, mutilation, or poisoning of any pet animal or equine animal resulting in serious bodily injury or death of the pet animal or equine animal; or


(b) Kills or attempts to kill any pet animal belonging to another person, without first obtaining legal authority or the consent of the pet animal's owner.


(2) Subsection (1)(a) shall not apply to:


(a) Accepted veterinary practices;


(b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; or


(c) Cropping or docking as customarily practiced.


(3) Subsection (1)(b) shall not apply to:


(a) Humane euthanasia of any animal by an animal control officer, duly incorporated humane society, duly incorporated society for the prevention of cruelty to animals, or duly authorized governmental agency in accordance with American Veterinary Medical Association accepted standards; or


(b) Conduct which the actor believes to be necessary to avoid an imminent harm or evil to the actor, another person, or an animal; provided that the harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by this section and is justifiable as provided in section 703-302 for choice of evils; provided further that, for purposes of this paragraph, as the justification described in section 703-302 shall also apply to conduct which the actor believes to be necessary to avoid an imminent harm or evil to an animal.


(4) Whenever any pet animal or equine animal is so severely injured that there is no reasonable probability that its life can be saved, the animal may be immediately destroyed without creating any offense under this section.


(5) Cruelty to animals in the first degree is a class C felony.


CREDIT(S)


Laws 2007, ch. 114, § 2, eff. June 1, 2007; Laws 2008, ch. 111, § 2, eff. May 27, 2008; Laws 2011, ch. 135, § 1, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1109

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1109. Cruelty to animals in the second degree


(1) A person commits the offense of cruelty to animals in the second degree if the person intentionally, knowingly, or recklessly:


(a) Overdrives, overloads, tortures, torments, beats, causes substantial bodily injury to, or starves any animal, or causes the overdriving, overloading, torture, torment, beating, or starving of any animal;


(b) Deprives a pet animal of necessary sustenance or causes such deprivation;


(c) Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests; provided that the handling or extermination of any insect, vermin, or other pest is conducted in accordance with standard and acceptable pest control practices and all applicable laws and regulations;


(d) Keeps, uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any bull, bear, cock, or other animal, and includes every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used;


(e) Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner;


(f) Confines or causes to be confined, in a kennel or cage, any pet animal in a cruel or inhumane manner;


(g) Tethers, fastens, ties, or restrains a dog to a doghouse, tree, fence, or any other stationary object by means of a choke collar, pinch collar, or prong collar; provided that a person is not prohibited from using such restraints when walking a dog with a hand-held leash or while a dog is engaged in a supervised activity; or


(h) Assists another in the commission of any act specified in subsections (1)(a) through (1)(g).


(2) Subsection (1)(a), (b), (c), (e), (f), (g), and (h) shall not apply to:


(a) Accepted veterinary practices;


(b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; or


(c) Pest control operations conducted pursuant to chapter 149A by a pest control operator licensed pursuant to chapter 460J, if the pest control is performed under a written contract.


(3) Whenever any animal is so severely injured that there is no reasonable probability that its life or usefulness can be saved, the animal may be immediately destroyed without creating any offense under this section.


(4) Cruelty to animals in the second degree is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1986, ch. 192, §§ 1, 2; Laws 1998, ch. 173, § 2; Laws 2007, ch. 114, § 4, eff. June 1, 2007; Laws 2009, ch. 160, § 1, eff. July 1, 2009; Laws 2011, ch. 226, § 1, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1109.1

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1109.1. Authority to enter premises; notice of impoundment of animal; damage resulting from entry


<Repeal and reenactment of subsec. (1) on July 1, 2015, by Laws 2008, ch. 128, § 7; Laws 2009, ch. 160, § 3; Laws 2011, ch. 149, § 6.>


(1) If there is probable cause to believe that a pet animal or equine animal is being subjected to treatment in violation of section 711-1108.5, 711-1109, 711-1109.3, 711-1109.6, or 711-1109.35, as applicable, a law enforcement officer, after obtaining a search warrant, or in any other manner authorized by law, may enter the premises where the pet animal or equine animal is located to provide the pet animal or equine animal with food, water, and emergency medical treatment or to impound the pet animal or equine animal. If after reasonable effort, the owner or person having custody of the pet animal or equine animal cannot be found and notified of the impoundment, an impoundment notice shall be conspicuously posted on the premises and within seventy-two hours after posting, the notice shall be sent by certified mail to the address, if any, from which the pet animal or equine animal was removed.


(2) A law enforcement officer is not liable for any damage resulting from an entry under subsection (1), unless the damage resulted from intentional or reckless behavior on behalf of the law enforcement officer.


(3) A court may order a pet animal or equine animal impounded under subsection (1) to be held at a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals. A facility receiving the pet animal or equine animal shall provide adequate food and water and may provide veterinary care.


(4) For purposes of this section, “law enforcement officer” shall have the same meaning as [in] section 710-1000.


CREDIT(S)


Laws 2006, ch. 239, § 1; Laws 2007, ch. 114, § 5, eff. June 1, 2007; Laws 2008, ch. 128, § 2, eff. May 30, 2008; Laws 2011, ch. 149, § 2, eff. July 1, 2011; Laws 2012, ch. 25, § 1, eff. July 1, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1109.2

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1109.2. Forfeiture of animal prior to disposition of criminal charges


<Repeal and reenactment of subsecs. (1), (3), and (5) on July 1, 2015, by Laws 2008, ch. 128, § 7; Laws 2009, ch. 160, § 3; Laws 2011, ch. 149, § 6.>


(1) If any pet animal or equine animal is impounded pursuant to section 711-1109.1, prior to final disposition of a criminal charge under section 711-1108.5, 711-1109, 711-1109.3, 711-1109.6, or 711-1109.35, as applicable, against the pet animal's or equine animal's owner, any duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals that is holding the pet animal or equine animal may file a petition in the criminal action requesting that the court issue an order for forfeiture of the pet animal or equine animal to the county or to the duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals prior to final disposition of the criminal charge. The petitioner shall serve a true copy of the petition upon the defendant and the prosecuting attorney.


(2) Upon receipt of a petition pursuant to subsection (1), the court shall set a hearing on the petition. The hearing shall be conducted within fourteen days after the filing of the petition, or as soon as practicable.


(3) At a hearing conducted pursuant to subsection (2), the petitioner shall have the burden of establishing probable cause that the pet animal or equine animal was subjected to a violation of section 711-1108.5, 711-1109, 711-1109.3, 711-1109.6, or 711-1109.35, as applicable. If the court finds that probable cause exists, the court shall order immediate forfeiture of the pet animal or equine animal to the petitioner, unless the defendant, within seventy-two hours of the hearing:


(a) Posts a security deposit or bond with the court clerk in an amount determined by the court to be sufficient to repay all reasonable costs incurred, and anticipated to be incurred, by the petitioner in caring for the pet animal or equine animal from the date of initial impoundment to the date of trial; or


(b) Demonstrates to the court that proper alternative care has been arranged for the pet animal or equine animal.


Notwithstanding subsection (3)(a), a court may waive, for good cause shown, the requirement that the defendant post a security deposit or bond.


(4) If a security deposit or bond has been posted in accordance with subsection (3)(a), the petitioner may draw from the security deposit or bond the actual reasonable costs incurred by the petitioner in caring for the pet animal or equine animal until the date of final disposition of the criminal action. If the trial is continued to a later date, any order of continuance shall require the defendant to post an additional security deposit or bond in an amount determined by the court that shall be sufficient to repay all additional reasonable costs anticipated to be incurred by the petitioner in caring for the pet animal or equine animal until the date of final disposition of the criminal action, and the petitioner may draw from the additional security deposit or bond as necessary.


(5) No pet animal or equine animal may be destroyed by a petitioner under this section prior to final disposition of a criminal charge under section 711-1108.5, 711-1109, 711-1109.3, 711-1109.6, or 711-1109.35, as applicable, against the pet animal's or equine animal's owner, except in the event that the pet animal or equine animal is so severely injured that there is no reasonable probability that its life can be saved.


(6) Forfeiture of a pet animal or equine animal under this section shall not be subject to the provisions of chapter 712A.


(7) In addition to any reasonable costs incurred under subsection (4) by the petitioner in the caring for the pet animal or equine animal, the court may award reasonable attorney's fees and court costs to the petitioner following the conviction of the defendant.


(8) As used in this section, “pet animal or equine animal” includes any offspring from the pet animal or equine animal that was pregnant at the time of the rescue and born during the impoundment of the pet animal or equine animal.


CREDIT(S)


Laws 2006, ch. 239, § 1; Laws 2007, ch. 114, § 6, eff. June 1, 2007; Laws 2008, ch. 128, § 3, eff. May 30, 2008; Laws 2011, ch. 149, § 3, eff. July 1, 2011; Laws 2012, ch. 25, § 2, eff. July 1, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1109.3

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1109.3. Cruelty to animals by fighting dogs in the first degree


(1) A person commits the offense of cruelty to animals by fighting dogs in the first degree if the person:


(a) Knowingly:


(i) Causes, sponsors, arranges, or holds a dogfight for entertainment or financial gain; or


(ii) Owns, trains, transports, possesses, sells, transfers, or equips any dog with the intent that the dog shall be engaged in a dogfight; or


(b) Recklessly:


(i) Allows a dogfight to occur on any property owned or controlled by the person; or


(ii) Allows any dog intended to be used for a dogfight to be kept, trained on, or transported in, any property owned or controlled by the person.


(2) Nothing in this section shall prohibit any of the following:


(a) The use of dogs in the management of livestock by the owner of the livestock or the owner's employees or agents or other persons in lawful custody thereof;


(b) The use of dogs in hunting wildlife including game; or


(c) The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.


(3) As used in this section, “dogfight” means a dog or dogs pitted against another dog or dogs with the intent that the encounter will result in injury to one or more of the dogs.


(4) Violation of this section shall be a class B felony.


(5) If there is any conflict between this section and section 711-1109, or any other provision of law, this section shall apply.


CREDIT(S)


Laws 1983, ch. 129, § 1; Laws 1987, ch. 230, § 5; Laws 2011, ch. 149, § 4, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1109.35

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

[§ 711-1109.35]. Cruelty to animals by fighting dogs in the second degree


(1) A person commits the offense of cruelty to animals by fighting dogs in the second degree if the person knowingly:


(a) Wagers on a dogfight;


(b) Attends or pays to attend a dogfight; or


(c) Possesses any device intended to enhance the dog's fighting ability with the intent that the device be used to train or prepare the dog for a dogfight.


(2) As used in this section:


“Bait dog” means a live animal used to train or prepare dogs for a dogfight.


“Device” means both animate and inanimate objects and includes live animals used as bait dogs.


“Dogfight” means a dog or dogs pitted against another dog or dogs with the intent that the encounter will result in injury to one or more of the dogs.


“Wager” means staking or risking something of value on the outcome of a dogfight.


(3) Cruelty to animals by fighting dogs in the second degree is a class C felony.


CREDIT(S)


Laws 2011, ch. 149, § 1, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1109.4

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1109.4. Causing injury or death to a service dog


(1) A person commits the offense of causing injury or death to a service dog if:


(a) The person recklessly causes injury to or the death of any service dog while the service dog is in the discharge of its duties; or


(b) The person is the owner of a dog and recklessly permits that dog to attack a service dog while the service dog is in the discharge of its duties, resulting in the injury or death of the service dog.


(2) Any person who commits the offense of causing injury or death to a service dog shall be punished as follows:


(a) For a first offense by a fine of not more than $2,000, imprisonment of not more than thirty days, or both; and


(b) For a second or subsequent offense by a fine of not more than $5,000, imprisonment of not more than thirty days, or both.


(3) Any person who is convicted of a violation of this section shall be ordered to make restitution to:


(a) The person with a disability who has custody or ownership of the service dog, for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the service dog; and


(b) The person or organization that incurs the cost of retraining or replacing the service dog, for the cost of retraining or replacing the service dog if it is disabled or killed.


(4) As used in this section, “service dog” shall have the same meaning as in section 347-2.5.


CREDIT(S)


Laws 2002, ch. 259, § 1; Laws 2011, ch. 175, § 9, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1109.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1109.5. Intentional interference with the use of a service dog


(1) A person commits the offense of intentional interference with the use of a service dog if the person, with no legal justification, intentionally or knowingly:


(a) Harms a service dog; or


(b) Strikes or kicks a service dog;


while the service dog is in the discharge of its duties.


(2) Intentional interference with the use of a service dog is a misdemeanor.


(3) Nothing in this section is intended to affect any civil remedies available for a violation of this section.


(4) As used in this section, “service dog” shall have the same meaning as in section 347-2.5.


CREDIT(S)


Laws 2002, ch. 259, § 1; Laws 2011, ch. 175, § 10, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1109.6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1109.6. Animal hoarding


(1) A person commits the offense of animal hoarding if the person intentionally, knowingly, or recklessly:


(a) Possesses more than fifteen dogs, cats, or a combination of dogs and cats;


(b) Fails to provide necessary sustenance for each dog or cat; and


(c) Fails to correct the conditions under which the dogs or cats are living, where conditions injurious to the dogs', cats', or owner's health and well-being result from the person's failure to provide necessary sustenance.


(2) Animal hoarding is a misdemeanor.


CREDIT(S)


Laws 2008, ch. 128, § 1, eff. May 30, 2008; Laws 2009, ch. 160, § 2, eff. July 1, 2009.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1110

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1110. Relating to agent of society


The agent of any society which is formed or incorporated for the prevention of cruelty to animals, upon being appointed thereto by the president of such society in any district in the State, may within such district make arrests and bring before any district judge thereof offenders found violating the provisions of section 711-1109 to be dealt with according to law.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1110.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1110.5. Surrender or forfeiture of animals


<Repeal and reenactment of section on July 1, 2015, by Laws 2008, ch. 128, § 7; Laws 2009, ch. 160, § 3; Laws 2011, ch. 149, § 6.>


Upon conviction, guilty plea, or plea of nolo contendere for any violation of section 711-1108.5, 711-1109, 711-1109.3, 711-1109.6, or 711-1109.35:


(1) The court may order the defendant to surrender or forfeit the animal whose treatment was the basis of the conviction or plea to the custody of a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals for the time and under the conditions as the court shall order; and


(2) The court also may order the defendant to surrender or forfeit any other animals under the possession, custody, or control of the defendant to the custody of a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals for the time and under the conditions as the court shall order, if there is substantial evidence that the animals are being abused or neglected.


The court shall order the defendant to reimburse the duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals for reasonable costs incurred to care, feed, and house any animal that is surrendered or forfeited pursuant to this section.


CREDIT(S)


Laws 1985, ch. 262, § 1; Laws 2006, ch. 238, § 1; Laws 2007, ch. 114, § 7, eff. June 1, 2007; Laws 2008, ch. 128, § 4, eff. May 30, 2008; Laws 2011, ch. 149, § 5, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1110.9

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1110.9. Violation of privacy in the first degree


(1) A person commits the offense of violation of privacy in the first degree if, except in the execution of a public duty or as authorized by law, the person intentionally or knowingly installs or uses, or both, in any private place, without consent of the person or persons entitled to privacy therein, any device for observing, recording, amplifying, or broadcasting another person in a stage of undress or sexual activity in that place.


(2) Violation of privacy in the first degree is a class C felony. In addition to any penalties the court may impose, the court may order the destruction of any recording made in violation of this section.


CREDIT(S)


Laws 1999, ch. 278, § 1; Laws 2003, ch. 48, § 3; Laws 2004, ch. 83, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1111

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

§ 711-1111. Violation of privacy in the second degree


(1) A person commits the offense of violation of privacy in the second degree if, except in the execution of a public duty or as authorized by law, the person intentionally:


(a) Trespasses on property for the purpose of subjecting anyone to eavesdropping or other surveillance in a private place;


(b) Peers or peeps into a window or other opening of a dwelling or other structure adapted for sojourn or overnight accommodations for the purpose of spying on the occupant thereof or invading the privacy of another person with a lewd or unlawful purpose, under circumstances in which a reasonable person in the dwelling or other structure would not expect to be observed;


(c) Trespasses on property for the sexual gratification of the actor;


(d) Installs or uses, or both, in any private place, without consent of the person or persons entitled to privacy therein, any means or device for observing, recording, amplifying, or broadcasting sounds or events in that place other than another person in a stage of undress or sexual activity;


(e) Installs or uses outside a private place any device for hearing, recording, amplifying, or broadcasting sounds originating in that place which would not ordinarily be audible or comprehensible outside, without the consent of the person or persons entitled to privacy therein;


(f) Covertly records or broadcasts an image of another person's intimate area underneath clothing, by use of any device, and that image is taken while that person is in a public place and without that person's consent;


(g) Intercepts, without the consent of the sender or receiver, a message or photographic image by telephone, telegraph, letter, electronic transmission, or other means of communicating privately; but this paragraph does not apply to:


(i) Overhearing of messages through a regularly installed instrument on a telephone party line or an extension; or


(ii) Interception by the telephone company, electronic mail account provider, or telephone or electronic mail subscriber incident to enforcement of regulations limiting use of the facilities or incident to other operation and use;


(h) Divulges, without the consent of the sender or the receiver, the existence or contents of any message or photographic image by telephone, telegraph, letter, electronic transmission, or other means of communicating privately, if the accused knows that the message or photographic image was unlawfully intercepted or if the accused learned of the message or photographic image in the course of employment with an agency engaged in transmitting it; or


(i) Knowingly possesses materials created under circumstances prohibited in section 711-1110.9.


(2) This section shall not apply to any dissemination, distribution, or transfer of images subject to this section by an electronic communication service provider or remote storage service in the ordinary course of its business. For the purpose of this subsection:


“Electronic communication” means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system.


“Electronic communication service” means any service that provides to users thereof the ability to send or receive wire or electronic communications.


“Electronic communication service provider” means any person engaged in the offering or sale of electronic communication services to the public.


“Electronic communication system” means any wire, radio, electromagnetic, photo-optical, or photoelectronic facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications, including e-mail, web hosting, multimedia messaging services, and remote storage services offered by an electronic communication service provider.


“Remote storage service” means the provision to the public of computer storage or processing services by means of an electronic communication system.


(3) For the purposes of this section:


“Intimate areas” means any portion of a person's underwear, pubic area, anus, buttocks, vulva, genitals, or female breast.


“Intimate areas underneath clothing” does not include intimate areas visible through a person's clothing or intimate areas exposed in public.


“Public place” means an area generally open to the public, regardless of whether it is privately owned, and includes but is not limited to streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, buses, tunnels, buildings, stores, and restaurants.


(4) Violation of privacy in the second degree is a misdemeanor. In addition to any penalties the court may impose, the court may order the destruction of any recording made in violation of this section.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1999, ch. 278, § 2; Laws 2003, ch. 48, § 4; Laws 2004, ch. 83, § 3; Laws 2006, ch. 230, § 48; Laws 2012, ch. 59, § 1, eff. July 1, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 711-1112

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 711. Offenses Against Public Order (Refs & Annos)

[§ 711-1112]. Interference with the operator of a public transit vehicle


(1) A person commits the offense of interference with the operator of a public transit vehicle if the person interferes with the operation of a public transit vehicle or lessens the ability of the operator to operate the public transit vehicle by:


(a) Intentionally, knowingly, or recklessly causing bodily injury to the operator of the public transit vehicle; or


(b) Threatening, by word or conduct, to cause bodily injury to the operator of the public transit vehicle with the intent to terrorize, or in reckless disregard of the risk of terrorizing the operator of the public transit vehicle.


(2) For the purposes of this section, “public transit vehicle” is a public paratransit vehicle providing service to the disabled, any transit vehicle used for the transportation of passengers in return for legally charged fees or fares, any school bus, or any taxi.


(3) Interference with the operator of a public transit vehicle is a class C felony.


CREDIT(S)


Laws 1996, ch. 87, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS D. 5, T. 37, Ch. 712, Refs & Annos

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS D. 5, T. 37, Ch. 712, Pt. I, Refs & Annos

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals

Part I. Prostitution and Promoting Prostitution


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1200

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part I. Prostitution and Promoting Prostitution (Refs & Annos)

§ 712-1200. Prostitution


(1) A person commits the offense of prostitution if the person:


(a) Engages in, or agrees or offers to engage in, sexual conduct with another person for a fee; or


(b) Pays, agrees to pay, or offers to pay a fee to another to engage in sexual conduct.


(2) As used in subsection (1), “sexual conduct” means “sexual penetration,” “deviate sexual intercourse,” or “sexual contact,” as those terms are defined in section 707-700.


(3) Prostitution is a petty misdemeanor.


(4) A person convicted of committing the offense of prostitution shall be sentenced as follows:


(a) For the first offense, when the court has not deferred further proceedings pursuant to chapter 853, a minimum fine of $500 and the person may be sentenced to a term of imprisonment of not more than thirty days or probation; provided that in the event the convicted person defaults in payment of the $500 fine, and the default was not contumacious, the court may sentence the person to perform services for the community as authorized by section 706-605(1).


(b) For any subsequent offense, a minimum fine of $500 and a term of imprisonment of thirty days or probation, without possibility of deferral of further proceedings pursuant to chapter 853 and without possibility of suspension of sentence.


(c) For the purpose of this subsection, if the court has deferred further proceedings pursuant to chapter 853, and notwithstanding any provision of chapter 853 to the contrary, the defendant shall not be eligible to apply for expungement pursuant to section 831-3.2 until four years following discharge. A plea previously entered by a defendant under section 853-1 for a violation of this section shall be considered a prior offense. When the court has ordered a sentence of probation, the court may impose as a condition of probation that the defendant complete a course of prostitution intervention classes; provided that the court may only impose such condition for one term of probation.


(5) This section shall not apply to any member of a police department, a sheriff, or a law enforcement officer acting in the course and scope of duties.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1981, ch. 110, § 1; Laws 1986, ch. 314, §§ 73, 74; Laws 1990, ch. 204, § 1; Laws 1993, ch. 130, § 1; Laws 1998, ch. 177, § 2; Laws 2011, ch. 145, § 7, eff. July 1, 2011; Laws 2012, ch. 216, § 3, eff. July 1, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1201

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part I. Prostitution and Promoting Prostitution (Refs & Annos)

§ 712-1201. Promoting prostitution; definition of terms


In sections 712-1202 and 712-1203:


(1) A person “advances prostitution” if, acting other than as a prostitute or a patron of a prostitute, the person knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons for prostitution purposes, permits premises to be regularly used for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any other conduct designed to institute, aid, or facilitate an act or enterprise of prostitution.


(2) A person “profits from prostitution” if, acting other than as a prostitute receiving compensation for personally-rendered prostitution services, the person accepts or receives money or other property pursuant to an agreement or understanding with any person whereby the person participates or is to participate in the proceeds of prostitution activity.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 2011, ch. 145, § 2, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1202

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part I. Prostitution and Promoting Prostitution (Refs & Annos)

§ 712-1202. Promoting prostitution in the first degree


(1) A person commits the offense of promoting prostitution in the first degree if the person knowingly:


(a) Advances prostitution by compelling or inducing a person by force, threat, fraud, or intimidation to engage in prostitution, or profits from such conduct by another; or


(b) Advances or profits from prostitution of a person less than eighteen years old.


(2) Promoting prostitution in the first degree is a class A felony.


(3) As used in this section:


“Fraud” means making material false statements, misstatements, or omissions.


“Threat” means any of the actions listed in section 707-764(1).


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1993, ch. 130, § 2; Laws 2008, ch. 147, § 8, eff. June 6, 2008; Laws 2011, ch. 145, § 3, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1203

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part I. Prostitution and Promoting Prostitution (Refs & Annos)

§ 712-1203. Promoting prostitution in the second degree


(1) A person commits the offense of promoting prostitution in the second degree if the person knowingly advances or profits from prostitution.


(2) Promoting prostitution in the second degree is a class B felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1993, ch. 130, § 3; Laws 2008, ch. 147, § 9, eff. June 6, 2008; Laws 2011, ch. 145, § 4, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1204

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part I. Prostitution and Promoting Prostitution (Refs & Annos)

§ 712-1204. Repealed by Laws 2011, ch. 145, § 6, July 1, 2011


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1205

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part I. Prostitution and Promoting Prostitution (Refs & Annos)

§ 712-1205. Repealed by Laws 1996, ch. 14, § 2


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1206

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part I. Prostitution and Promoting Prostitution (Refs & Annos)

[§ 712-1206]. Loitering for the purpose of engaging in or advancing prostitution


(1) For the purposes of this section, “public place” means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility or the doorways and entrance ways to any building which fronts on any of the aforesaid places, or a motor vehicle in or on any such place.


(2) Any person who remains or wanders about in a public place and repeatedly beckons to or repeatedly stops, or repeatedly attempts to stop, or repeatedly attempts to engage passers-by in conversation, or repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes with the free passage of other persons for the purpose of committing the crime of prostitution as that term is defined in section 712-1200, shall be guilty of a violation.


(3) Any person who remains or wanders about in a public place and repeatedly beckons to, or repeatedly stops, or repeatedly attempts to engage passers-by in conversation, or repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes with the free passage of other persons for the purpose of committing the crime of advancing prostitution as that term is defined in section 712-1201(1) is guilty of a petty misdemeanor.


CREDIT(S)


Laws 1991, ch. 275, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1207

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part I. Prostitution and Promoting Prostitution (Refs & Annos)

§ 712-1207. Street solicitation of prostitution; designated areas


(1) It shall be unlawful for any person within the boundaries of Waikiki and while on any public property to:


(a) Offer or agree to engage in sexual conduct with another person in return for a fee; or


(b) Pay, agree to pay, or offer to pay a fee to another person to engage in sexual conduct.


(2) It shall be unlawful for any person within the boundaries of other areas in this State designated by county ordinance pursuant to subsection (3), and while on any public property to:


(a) Offer or agree to engage in sexual conduct with another person in return for a fee; or


(b) Pay, agree to pay, or offer to pay a fee to another person to engage in sexual conduct.


(3) Upon a recommendation of the chief of police of a county, that county may enact an ordinance that:


(a) Designates areas, each no larger than three square miles, as zones of significant prostitution-related activity that is detrimental to the health, safety, or welfare of the general public; or


(b) Alters the boundaries of any existing area under paragraph (a);


provided that not more than four areas may be designated within the State.


(4) Notwithstanding any law to the contrary, any person violating this section shall be guilty of a petty misdemeanor and shall be sentenced to a mandatory term of thirty days imprisonment. The term of imprisonment shall be imposed immediately, regardless of whether the defendant appeals the conviction, except as provided in subsection (5).


(5) As an option to the mandatory term of thirty days imprisonment, if the court finds the option is warranted based upon the defendant's record, the court may place the defendant on probation for a period not to exceed six months, subject to the mandatory condition that the defendant observe geographic restrictions that prohibit the defendant from entering or remaining on public property, in Waikiki and other areas in the State designated by county ordinance during the hours from 6 p.m. to 6 a.m. Upon any violation of the geographic restrictions by the defendant, the court, after hearing, shall revoke the defendant's probation and immediately impose the mandatory thirty-day term of imprisonment. Nothing contained in this subsection shall be construed as prohibiting the imposition of stricter geographic restrictions under section 706-624(2)(h).


(6) Any person charged under this section may be admitted to bail, pursuant to section 804-4, subject to the mandatory condition that the person observe geographic restrictions that prohibit the defendant from entering or remaining on public property, in Waikiki and other areas in the State designated by county ordinance during the hours from 6 p.m. to 6 a.m. Notwithstanding any other provision of law to the contrary, any person who violates these bail restrictions shall have the person's bail revoked after hearing and shall be imprisoned forthwith. Nothing contained in this subsection shall be construed as prohibiting the imposition of stricter geographic restrictions under section 804-7.1.


(7) Notwithstanding any other law to the contrary, a police officer, without warrant, may arrest any person when the officer has probable cause to believe that the person has committed a violation of subsection (5) or (6), and the person shall be detained, without bail, until the hearing under the appropriate subsection can be held, which hearing shall be held as soon as reasonably practicable.


(8) For purposes of this section:


“Area” means any zone within a county that is defined with specific boundaries and designated as a zone of significant prostitution by this section or a county ordinance.


“Public property” includes any street, highway, road, sidewalk, alley, lane, bridge, parking lot, park, or other property owned or under the jurisdiction of any governmental entity or otherwise open to the public.


“Sexual conduct” has the same meaning as in section 712-1200(2).


“Waikiki” means that area of Oahu bounded by the Ala Wai canal, the ocean, and Kapahulu avenue.


(9) This section shall apply to all counties; provided that if a county enacts an ordinance to regulate street solicitation for prostitution, other than an ordinance designating an area as a zone of significant prostitution-related activity, the county ordinance shall supersede this section and no person shall be convicted under this section in that county.


CREDIT(S)


Laws 1998, ch. 149, § 2; Laws 2000, ch. 143, § 1; Laws 2011, ch. 145, § 8, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1208

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part I. Prostitution and Promoting Prostitution (Refs & Annos)

[§ 712-1208]. Promoting travel for prostitution


(1) A person commits the offense of promoting travel for prostitution if the person knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in what would be prostitution if occurring in the State.


(2) “Travel services” has the same meaning as in section 468L-1.


(3) Promoting travel for prostitution is a class C felony.


CREDIT(S)


Laws 2004, ch. 82, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1209

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part I. Prostitution and Promoting Prostitution (Refs & Annos)

[§ 712-1209]. Solicitation of prostitution near schools or public parks


(1) A person commits the offense of solicitation of prostitution near schools or public parks if, within seven hundred fifty feet of a school or public park, the person offers or agrees to pay a fee to another person to engage in sexual conduct.


(2) Solicitation of prostitution near schools or public parks is a misdemeanor.


(3) For purposes of this section:


“School” has the same meaning as in section 712-1249.6(6).


“Sexual conduct” has the same meaning as in section 712-1200(2).


CREDIT(S)


Laws 2011, ch. 74, § 1, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1209.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part I. Prostitution and Promoting Prostitution (Refs & Annos)

[§ 712-1209.5]. Habitual solicitation of prostitution


(1) A person commits the offense of habitual solicitation of prostitution if the person is a habitual prostitution offender and pays, agrees to pay, or offers to pay a fee to another person to engage in sexual conduct.


(2) For the purposes of this section, a person has the status of a “habitual prostitution offender” if the person, at the time of the conduct for which the person is charged, had two or more convictions within ten years of the instant offense for:


(a) Prostitution, in violation of section 712-1200(1)(b);


(b) Street solicitation of prostitution, in violation of section 712-1207(1)(b);


(c) Habitual solicitation of prostitution, in violation of this section;


(d) An offense of any other jurisdiction that is comparable to one of the offenses in paragraph (a), (b), or (c); or


(e) Any combination of the offenses in paragraph (a), (b), (c), or (d).


A conviction for purposes of this section is a judgment on the verdict or a finding of guilt, or a plea of guilty or nolo contendere. The convictions must have occurred on separate dates and be for separate incidents on separate dates. At the time of the instant offense, the conviction must not have been expunged by pardon, reversed, or set aside.


(3) Habitual solicitation of prostitution is a class C felony.


CREDIT(S)


Laws 2008, ch. 192, § 1, eff. June 18, 2008; Laws 2011, ch. 145, § 9, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1209.6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part I. Prostitution and Promoting Prostitution (Refs & Annos)

[§ 712-1209.6]. Prostitution; motion to vacate conviction


(1) A person convicted of committing the offense of prostitution under section 712-1200, loitering for the purpose of engaging in or advancing prostitution under section 712-1206, street solicitation of prostitution in designated areas under section 712-1207, or convicted of a lesser offense when originally charged with a violation of section 712-1200, 712-1206, or 712-1207, may file a motion to vacate the conviction if the defendant's participation in the offense was the result of the person having been a victim of:


(a) Promoting prostitution in the first degree under section 712-1202; or


(b) A severe form of trafficking as defined in title 22 United States Code section 7102(13).


(2) A motion filed under this section shall:


(a) Be in writing;


(b) Be signed and sworn to by the petitioner;


(c) Be made within six years after the date that the person ceases to be a victim as described in subsection (1), subject to reasonable concerns for the safety of the defendant, family members of the defendant, or other victims of the trafficking that may be jeopardized by the bringing of a motion, or for other reasons consistent with the purpose of this section;


(d) Describe all the grounds and evidence for vacation of a conviction which are available to the petitioner and of which the petitioner has or by the exercise of reasonable diligence should have knowledge, and provide copies of any official documents showing that the defendant is entitled to relief under this section; and


(e) Be subject to the review and written approval of the state agency or county prosecutor responsible for prosecuting the offense that is the subject of the motion to vacate conviction.


(3) The court shall hold a hearing on a motion filed under this section if the motion satisfies the requirements of subsection (2); provided that the court may dismiss a motion without a hearing if the court finds that the motion fails to assert grounds on which relief may be granted.


(4) If the court grants a motion filed under this section, the court shall vacate the conviction.


(5) A person making a motion to vacate pursuant to this section has the burden of proof by a preponderance of the evidence.


(6) This section shall not apply to a motion to vacate a conviction under this chapter for:


(a) Promoting prostitution under section 712-1202 or 712-1203; or


(b) A person who pays, agrees to pay or offers a fee to another person to engage in sexual conduct.


(7) For the purposes of this section:


“Victim of trafficking” and “victim of a severe form of trafficking” shall have the same meaning as in Title 22 United States Code section 7102.


CREDIT(S)


Laws 2012, ch. 216, § 2, eff. July 1, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1210

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part II. Offenses Related to Obscenity

§ 712-1210. Definitions of terms in this part


In this part, unless a different meaning is required:


“Age verification records of sexually exploited individuals” means individually identifiable records pertaining to every sexually exploited individual provided to patrons or customers of a public establishment or in a private club or event. Such records shall include:


(1) Each sexually exploited individual's name and date of birth, as ascertained by an examination of the individual's valid driver's license, official state identification card, or passport;


(2) A certified copy of each sexually exploited individual's driver's license, official state identification card, or passport; and


(3) Any name ever used by each sexually exploited individual including but not limited to maiden name, aliases, nicknames, stage names, or professional names.


“Age verification records of sexual performers” means individually identifiable records pertaining to every sexual performer portrayed in a visual depiction of sexual conduct, which include:


(1) Each performer's name and date of birth, as ascertained by the producer's personal examination of a performer's valid driver's license, official state identification card, or passport;


(2) A certified copy of each performer's valid driver's license, official state identification card, or passport; and


(3) Any name ever used by each performer including, but not limited to, maiden name, alias, nickname, stage name, or professional name.


“Community standards” means the standards of the State.


“Disseminate” means to manufacture, issue, publish, sell, lend, distribute, transmit, exhibit, or present material or to offer or agree to do the same.


“Erotic or nude massager” means a nude person providing massage services with or without a license.


“Exotic or nude dancer” means a person performing, dancing, or entertaining in the nude, and includes patrons participating in a contest or receiving instruction in nude dancing.


“Intent to profit” means the intent to obtain monetary gain.


“Material” means any printed matter, visual representation, or sound recording, and includes but is not limited to books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, drawings, sculptures, and tape or wire recordings.


“Minor” means any person less than sixteen years old.


“Nude” means unclothed or in attire, including but not limited to sheer or see-through attire, so as to expose to view any portion of the pubic hair, anus, cleft of the buttocks, genitals or any portion of the female breast below the top of the areola.


“Performance” means any play, motion picture film, dance, or other exhibition performed before an audience.


“Pornographic”. Any material or performance is “pornographic” if all of the following coalesce:


(a) The average person, applying contemporary community standards would find that, taken as a whole, it appeals to the prurient interest.


(b) It depicts or describes sexual conduct in a patently offensive way.


(c) Taken as a whole, it lacks serious literary, artistic, political, or scientific merit.


“Pornographic for minors”. Any material or performance is “pornographic for minors” if:


(1) It is primarily devoted to explicit and detailed narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse; and:


(a) It is presented in such a manner that the average person applying contemporary community standards, would find that, taken as a whole, it appeals to a minor's prurient interest; and


(b) Taken as a whole, it lacks serious literary, artistic, political, or scientific value; or


(2) It contains any photograph, drawing, or similar visual representation of any person of the age of puberty or older revealing such person with less than a fully opaque covering of his or her genitals and pubic area, or depicting such person in a state of sexual excitement or engaged in acts of sexual conduct or sadomasochistic abuse; and:


(a) It is presented in such a manner that the average person, applying contemporary community standards, would find that, taken as a whole, it appeals to a minor's prurient interest; and


(b) Taken as a whole, it lacks serious literary, artistic, political, or scientific value.


“Produces” means to manufacture or publish any pornographic performance, book, magazine, periodical, film, videotape, computer image, or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity that does not involve hiring, contracting for, managing, or otherwise arranging for the participation of the performers depicted.


“Sadomasochistic abuse” means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.


“Sexual conduct” means acts of masturbation, homosexuality, lesbianism, bestiality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast or breasts of a female for the purpose of sexual stimulation, gratification, or perversion.


“Sexual excitement” means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.


“Sexually exploited individuals” means erotic or nude massagers and exotic or nude dancers.


“Sexual performer” includes any person portrayed in a pornographic visual depiction engaging in, or assisting another person to engage in, sexual conduct.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1981, ch. 106, § 1; Laws 2002, ch. 240, § 4; Laws 2005 ch. 10, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1211

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part II. Offenses Related to Obscenity

§ 712-1211. Displaying indecent matter


(1) A person commits the offense of displaying indecent matter if the person knowingly or recklessly displays on any sign, billboard, or other object visible from any street, highway, or public sidewalk, a photograph, drawing, sculpture, or similar visual representation of any person of the age of puberty or older:


(a) Which reveals the person with less than a fully opaque covering over his or her genitals, pubic area, or buttocks, or depicting the person in a state of sexual excitement or engaged in an act of sexual conduct or sadomasochistic abuse; and


(b) Which is presented in such a manner as to exploit lust; and


(c) Which lacks serious literary, artistic, political, or scientific value.


(2) Displaying indecent material is a petty misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1981, ch. 106, § 2; Laws 1982, ch. 147, § 26; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1212

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part II. Offenses Related to Obscenity

§ 712-1212. Repealed by Laws 1973, ch. 136, § 10


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1213

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part II. Offenses Related to Obscenity

§ 712-1213. Displaying indecent material; prima facie evidence


The fact that a person engaged in the conduct specified by section 712-1211 is prima facie evidence that the person engaged in that conduct with knowledge of or in reckless disregard of the character, content, or connotation of the material which is displayed.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1987, ch. 176, § 5.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1214

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part II. Offenses Related to Obscenity

§ 712-1214. Promoting pornography


(1) A person commits the offense of promoting pornography if, knowing its content and character, the person:


(a) Disseminates for monetary consideration any pornographic material; or


(b) Produces, presents, or directs pornographic performances for monetary consideration; or


(c) Participates for monetary consideration in that portion of a performance which makes it pornographic.


(2) Promoting pornography is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1215

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part II. Offenses Related to Obscenity

§ 712-1215. Promoting pornography for minors


(1) A person commits the offense of promoting pornography for minors if:


(a) Knowing its character and content, the person disseminates to a minor material which is pornographic for minors; or


(b) Knowing the character and content of a motion picture film or other performance which, in whole or in part, is pornographic for minors, the person:


(i) Exhibits such motion picture film or other performance to a minor; or


(ii) Sells to a minor an admission ticket or pass to premises where there is exhibited or to be exhibited such motion picture film or other performance; or


(iii) Admits a minor to premises where there is exhibited or to be exhibited such motion picture film or other performance.


(2) Subsection (1) does not apply to a parent, guardian, or other person in loco parentis to the minor or to a sibling of the minor, or to a person who commits any act specified therein in the person's capacity and within the scope of the person's employment as a member of the staff of any public library.


(3) Promoting pornography for minors is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1974, ch. 190, § 1; Laws 1984, ch. 90, § 1; Laws 1988, ch. 283, § 1; Laws 2000, ch. 21, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1215.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part II. Offenses Related to Obscenity

[§ 712-1215.5]. Promoting minor-produced sexual images in the first degree


(1) A person, eighteen years of age or older, commits the offense of promoting minor-produced sexual images in the first degree if the person intentionally or knowingly commands, requests, or encourages a minor to use a computer, cell phone, or any other device capable of electronic data transmission or distribution, to transmit to any person a nude photograph or video of a minor.


(2) For purposes of this section, a “minor” means any person under eighteen years of age.


(3) Promoting minor-produced sexual images in the first degree is a misdemeanor.


CREDIT(S)


Laws 2012, ch. 213, § 1, eff. July 3, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1215.6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part II. Offenses Related to Obscenity

[§ 712-1215.6]. Promoting minor-produced sexual images in the second degree


(1) A minor commits the offense of promoting minor-produced sexual images in the second degree if the minor:


(a) Knowingly uses a computer, cell phone, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another person a nude photograph or video of a minor or the minor's self; or


(b) Intentionally or knowingly commands, requests, or encourages another minor to use a computer, cell phone, or any other device capable of electronic data transmission or distribution, to transmit to any person a nude photograph or video of a minor or the minor's self.


(2) A person, of any age, commits the offense of promoting minor-produced sexual images in the second degree if the person knowingly possesses a nude photograph or video of a minor transmitted or distributed in violation of subsection (1). It is an affirmative defense under this subsection that the person took reasonable steps to destroy or eliminate the nude photograph or video of a minor.


(3) For purposes of this section, a “minor” means any person under eighteen years of age.


(4) Promoting minor-produced sexual images in the second degree is a petty misdemeanor.


CREDIT(S)


Laws 2012, ch. 213, § 1, eff. July 3, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1216

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part II. Offenses Related to Obscenity

§ 712-1216. Promoting pornography; prima facie evidence


(1) The fact that a person engaged in the conduct specified by sections 712-1214 or 712-1215 is prima facie evidence that the person engaged in that conduct with knowledge of the character and content of the material disseminated or the performance produced, presented, directed, participated in, exhibited, or to be exhibited.


(2) In a prosecution under section 712-1215, the fact that the person:


(a) To whom material pornographic for minors was disseminated, or


(b) To whom a performance pornographic for minors was exhibited, or


(c) To whom an admission ticket or pass was sold to premises where there was or was to have been exhibited such performance, or


(d) Who was admitted to premises where there was or was to have been such performance,


was at that time, a minor, is prima facie evidence that the defendant knew the person to be a minor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1217

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part II. Offenses Related to Obscenity

§ 712-1217. Open lewdness


(1) A person commits the offense of open lewdness if in a public place the person does any lewd act which is likely to be observed by others who would be affronted or alarmed.


(2) Open lewdness is a petty misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1218

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part II. Offenses Related to Obscenity

[§ 712-1218]. Failure to maintain age verification records of sexual performers


(1) A person commits the offense of failure to maintain age verification records of sexual performers if the person knowingly produces any pornographic performance, book, magazine, periodical, film, videotape, computer image, or other matter that contains one or more pornographic visual depictions made after June 30, 2002, of sexual conduct and:


(a) Knowingly fails to create and maintain age verification records for each sexual performer;


(b) Knowingly makes or causes to be made any false entry into the age verification records of sexual performers required by this section; or


(c) Knowingly fails to produce the age verification records of sexual performers required by this section, upon request by a law enforcement officer for the purpose of verifying the age of a sexual performer.


(2) Failure to maintain age verification records of sexual performers is a class C felony.


CREDIT(S)


Laws 2002, ch. 240, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1218.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part II. Offenses Related to Obscenity

[§ 712-1218.5]. Failure to maintain age verification records of sexually exploited individuals


(1) A person commits the offense of failure to maintain age verification records of sexually exploited individuals if, with the intent to profit therefrom, the person knowingly provides sexually exploited individuals to patrons or customers of a public establishment or provides sexually exploited individuals to a private club or event, and the person:


(a) Knowingly fails to create and maintain age verification records for each sexually exploited individual;


(b) Knowingly makes or causes to be made any false entry into the age verification records of sexually exploited individuals required by this section; or


(c) Knowingly fails to produce the age verification records of sexually exploited individuals required by this section upon request by a law enforcement officer for the purpose of verifying the age of a sexually exploited individual.


(2) Failure to maintain age verification records of sexually exploited individuals is a class C felony.


CREDIT(S)


Laws 2002, ch. 240, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1219

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part II. Offenses Related to Obscenity

[§ 712-1219]. Failure to affix information disclosing location of age verification records of sexual performers


(1) A person commits the offense of failure to affix information disclosing location of age verification records of sexual performers if the person knowingly produces any pornographic book, magazine, periodical, film, videotape, computer image, or other matter that contains one or more pornographic visual depictions made after June 30, 2002, of sexual conduct and fails to affix to each copy a statement describing where any records required by section 712-1218 with respect to all performers depicted in that copy of the matter may be located, including the current address and telephone number of the custodian of those records.


(2) If the person to whom any recordkeeping requirement of section 712-1218 applies is an organization, the affixed information required under subsection (1) shall include the name, title, and business address of the individual employed by the organization who is responsible for maintaining the records required by section 712-1218.


(3) Failure to affix information disclosing the location of age verification records of sexual performers is a class C felony.


CREDIT(S)


Laws 2002, ch. 240, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1219.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part II. Offenses Related to Obscenity

[§ 712-1219.5]. Disseminating visual depiction of sexual conduct without affixed information disclosing location of age verification records of sexual performers


(1) A person commits the offense of disseminating visual depiction of sexual conduct without affixed information disclosing location of age verification records of sexual performers if the person knowingly disseminates, sells, or otherwise transfers, or offers for sale or transfer, any book, magazine, periodical, film, videotape, computer image, or other matter that contains one or more visual depictions made after June 30, 2002, of sexual conduct, and that does not have affixed thereto a statement describing where the age verification records required by section 712-1218 may be located; provided that this section shall not be construed to impose a duty upon any persons to determine the accuracy of the contents of the affixed statement or of the records required to be kept at that location.


(2) Disseminating visual depiction of sexual conduct without affixed information disclosing location of age verification records of sexual performers is a misdemeanor.


CREDIT(S)


Laws 2002, ch. 240, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1220

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part III. Gambling Offenses

§ 712-1220. Definitions of terms in this part


In this part unless a different meaning plainly is required, the following definitions apply.


(1) “Advance gambling activity”. A person “advances gambling activity” if he engages in conduct that materially aids any form of gambling activity. Conduct of this nature includes but is not limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device, or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment, or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phase of its operation. A person advances gambling activity if, having substantial proprietary control or other authoritative control over premises being used with his knowledge for purposes of gambling activity, he permits that activity to occur or continue or makes no effort to prevent its occurrence or continuation. A person advances gambling activity if he plays or participates in any form of gambling activity.


(2) “Bookmaking” means advancing gambling activity by accepting bets from members of the public upon the outcomes of future contingent events.


(3) “Contest of chance” means any contest, game, gaming scheme, or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein.


(4) “Gambling”. A person engages in gambling if he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he or someone else will receive something of value in the event of a certain outcome. Gambling does not include bona fide business transactions valid under the law of contracts, including but not limited to contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including but not limited to contracts of indemnity or guaranty and life, health, or accident insurance.


(5) “Gambling device” means any device, machine, paraphernalia, or equipment that is used or usable in the playing phases of any gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine. However, lottery tickets and other items used in the playing phases of lottery schemes are not gambling devices within this definition.


(6) “Lottery” means a gambling scheme in which:


(a) The players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other medium, one or more of which chances are to be designated the winning ones; and


(b) The winning chances are to be determined by a drawing or by some other method based on an element of chance; and


(c) The holders of the winning chances are to receive something of value.


(7) “Mutuel” means a form of lottery in which the winning chances or plays are not determined upon the basis of a drawing or other act on the part of persons conducting or connected with the scheme, but upon the basis of the outcome or outcomes of a future contingent event or events otherwise unrelated to the particular scheme.


(8) “Player” means a person who engages in gambling solely as a contestant or bettor.


(9) “Profit from gambling activity”. A person “profits from gambling activity” if he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of gambling activity.


(10) “Social gambling” is defined in section 712-1231.


(11) “Something of value” means any money or property, any token, object, or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein, or involving extension of a service or entertainment.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 201, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1221

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part III. Gambling Offenses

§ 712-1221. Promoting gambling in the first degree


(1) A person commits the offense of promoting gambling in the first degree if the person knowingly advances or profits from gambling activity by:


(a) Engaging in bookmaking to the extent that the person receives or accepts in any seven-day period more than five bets totaling more than $500; or


(b) Receiving in connection with a lottery, or mutuel scheme or enterprise, money or written records from a person other than a player whose chances or plays are represented by such money or records; or


(c) Receiving or having become due and payable in connection with a lottery, mutuel, or other gambling scheme or enterprise, more than $1,000 in any seven-day period played in the scheme or enterprise.


(2) Promoting gambling in the first degree is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 201, § 1; Laws 1983, ch. 161, § 1; Laws 1984, ch. 90, § 1; Laws 1987, ch. 83, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1222

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part III. Gambling Offenses

§ 712-1222. Promoting gambling in the second degree


(1) A person commits the offense of promoting gambling in the second degree if the person knowingly advances or profits from gambling activity.


(2) Promoting gambling in the second degree is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 201, § 1; Laws 1984, ch. 90, § 1; Laws 1987, ch. 83, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1222.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part III. Gambling Offenses

§ 712-1222.5. Promoting gambling aboard ships


(1) A person commits the offense of promoting gambling aboard ships if the person knowingly advances or profits from gambling activity by:


(a) Managing, supervising, controlling, operating, or owning, either alone or in association with others, a gambling ship;


(b) Managing, supervising, controlling, operating, or owning, either alone or in association with others, any craft which embarks from any point within the State, and disembarks at the same or another point within the State, during which the person intentionally causes or knowingly permits gambling activity to be conducted, whether within or without the waters of the State; or


(c) Transporting, conveying, or carrying any person to a gambling ship or a craft described in paragraph (b).


(2) In this section:


(a) “Craft” includes every boat, ship, vessel, barge, hulk, or other thing capable of floating; and


(b) “Gambling ship” means any craft kept, operated, or maintained for the purpose of gambling, whether within or without the waters of the State and whether it is anchored, moored, lying to, or navigating.


(3) This section shall not apply to gambling activity conducted during travel from foreign nations or another state or territory of the United States to the point of first entry into state waters or during travel to foreign nations or another state or territory of the United States from the point of final exit from state waters; provided that nothing herein shall preclude prosecution for any offense under this part.


(4) Promoting gambling aboard ships is a class C felony.


CREDIT(S)


Laws 1984, ch. 90, § 1; Laws 1990, ch. 196, § 1; Laws 1992, ch. 57, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1223

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part III. Gambling Offenses

§ 712-1223. Gambling


(1) A person commits the offense of gambling if the person knowingly advances or participates in any gambling activity.


(2) Gambling is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 201, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1224

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part III. Gambling Offenses

§ 712-1224. Possession of gambling records in the first degree


(1) A person commits the offense of possession of gambling records in the first degree if the person knowingly possesses, produces, or distributes any writing, paper, instrument, or article:


(a) Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise, and constituting, reflecting, or representing more than five bets totaling more than $500; or


(b) Of a kind commonly used in the operation, promotion, or playing of a lottery or mutuel scheme or enterprise, and constituting, reflecting, or representing more than one hundred plays or chances therein or one play or chance wherein the winning amount exceeds $5,000.


(2) Possession of gambling records in the first degree is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 201, § 1; Laws 1980, ch. 174, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1225

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part III. Gambling Offenses

§ 712-1225. Possession of gambling records in the second degree


(1) A person commits the offense of possession of gambling records in the second degree if the person knowingly possesses any writing, paper, instrument, or article:


(a) Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise; or


(b) Of a kind commonly used in the operation, promotion, or playing of a lottery or mutuel scheme or enterprise.


(2) Possession of gambling records in the second degree is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 201, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1226

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part III. Gambling Offenses

§ 712-1226. Possession of a gambling device


(1) A person commits the offense of possession of a gambling device if the person manufactures, sells, transports, places, possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody, or use of any gambling device, knowing it is to be used in the advancement of gambling activity which is not social gambling.


(2) Possession of a gambling device is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 201, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1227

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part III. Gambling Offenses

§ 712-1227. Possession of gambling records; defense


In any prosecution under sections 712-1224 and 1225, it is a defense that the writing, paper, instrument, or article possessed by the defendant was neither used nor intended to be used in the advancement of gambling activity, except for records used in social gambling.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 201, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1228

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part III. Gambling Offenses

§ 712-1228. Gambling offenses; prima facie evidence


(1) Proof that a person knowingly possessed any gambling record specified in sections 712-1224 and 712-1225 or any gambling device in section 712-1226 is prima facie evidence that the person possessed the record or device with knowledge of its contents and character.


(2) In any prosecution under this part in which it is necessary to prove the occurrence of a sporting event, a published report of its occurrence in any daily newspaper, magazine, or other periodically printed publication of general circulation, shall be admissible in evidence and shall constitute prima facie evidence of the occurrence of the event.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 201, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1229

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part III. Gambling Offenses

§ 712-1229. Lottery offenses; no defense


It is no defense to a prosecution under any section of this part relating to a lottery that the lottery itself is drawn or conducted outside this State and is not in violation of the laws of the jurisdiction in which it is drawn or conducted.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 201, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1230

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part III. Gambling Offenses

§ 712-1230. Forfeiture of property used in illegal gambling


Any gambling device, paraphernalia used on fighting animals, or birds, implements, furniture, personal property, vehicles, vessels, aircraft, or gambling record possessed or used in violation of this part, or any money or personal property used as a bet or stake in gambling activity in violation of this part, may be ordered forfeited to the State, subject to the requirements of chapter 712A.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1973, ch. 201, § 1; Laws 1979, ch. 83, § 1; Laws 1989, ch. 261, § 22; Laws 1992, ch. 57, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1231

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part III. Gambling Offenses

§ 712-1231. Social gambling; definition and specific conditions, affirmative defense


(a) Definition. “Social gambling” means gambling in which all of the following conditions are present:


(1) Players compete on equal terms with each other; and


(2) No player receives, or becomes entitled to receive, anything of value or any profit, directly or indirectly, other than the player's personal gambling winnings; and


(3) No other person, corporation, unincorporated association, or entity receives or becomes entitled to receive, anything of value or any profit, directly or indirectly, from any source, including but not limited to permitting the use of premises, supplying refreshments, food, drinks, service, lodging or entertainment; and


(4) It is not conducted or played in or at a hotel, motel, bar, nightclub, cocktail lounge, restaurant, massage parlor, billiard parlor, or any business establishment of any kind, public parks, public buildings, public beaches, school grounds, churches or any other public area; and


(5) None of the players is below the age of majority; and


(6) The gambling activity is not bookmaking.


(b) Affirmative defense:


(1) In any prosecution for an offense described in [section] 712-1223, 712-1224, 712-1225 or 712-1226, a defendant may assert the affirmative defense that the gambling activity in question was a social gambling game as defined in [section] 712-1231(a).


(2) If the defendant asserts the affirmative defense, the defendant shall have the burden of going forward with evidence to prove the facts constituting such defense unless such facts are supplied by the testimony of the prosecuting witness or circumstance in such testimony, and of proving such facts by a preponderance of evidence.


(c) In any prosecution for an offense described in this part the fact that the gambling activity involved was other than a social gambling game shall not be an element of the offense to be proved by the prosecution in making out its prima facie case.


CREDIT(S)


Laws 1973, ch. 201, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1240

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1240. Definitions of terms in this part


In this part, unless a different meaning plainly is required:


“Dangerous drugs” means any substance or immediate precursor defined or specified as a “Schedule I substance” or a “Schedule II substance” by chapter 329, or a substance specified in section 329-18(c)(14), except marijuana or marijuana concentrate.


“Detrimental drug” means any substance or immediate precursor defined or specified as a “Schedule V substance” by chapter 329, or any marijuana.


“Dosage unit” for purposes of section 712-1241 and section 712-1242 means an entity designed and intended for singular consumption or administration.


“Harmful drug” means any substance or immediate precursor defined or specified as a “Schedule III substance” or a “Schedule IV substance” by chapter 329, or any marijuana concentrate except marijuana and a substance specified in section 329-18(c)(14).


“Immediate precursor” means a substance which the department of health, State of Hawaii, has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.


“Intoxicating compounds” means any compound, liquid or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis or irrational behavior, or in any manner changing, distorting or disturbing the auditory, visual or mental processes. For the purposes of this section, any such condition so induced shall be deemed to be an intoxicated condition.


“Intoxicating liquor” means any substance defined as “liquor” or “intoxicating liquor” by section 281-1.


“Manufacture” means to produce, prepare, compound, convert, or process a dangerous drug, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical conversion or synthesis.


“Marijuana” means any part of the plant (genus) cannabis, whether growing or not, including the seeds and the resin, and every alkaloid, salt, derivative, preparation, compound, or mixture of the plant, its seeds or resin, except that, as used herein, “marijuana” does not include hashish, tetrahydrocannabinol, and any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinol.


“Marijuana concentrate” means hashish, tetrahydrocannabinol, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinol.


“Minor” means a person who has not reached the age of majority.


“Ounce” means an avoirdupois ounce as applied to solids and semi-solids, and a fluid ounce as applied to liquids.


“Practitioner” means


(1) A physician, dentist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, prescribe, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State.


(2) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, prescribe, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State.


“To distribute” means to sell, transfer, prescribe, give, or deliver to another, or to leave, barter, or exchange with another, or to offer or agree to do the same.


“To sell” means to transfer to another for consideration.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1975, ch. 163, § 6(a), (b); Laws 1979, ch. 112, § 2; Laws 1984, ch. 122, § 2; Laws 1987, ch. 176, § 6; Laws 1987, ch. 356, § 1; Laws 1997, ch. 319, § 1; Laws 2004, ch. 193, § 4; Laws 2012, ch. 34, § 15, eff. July 1, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1240.1

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1240.1. Defense to promoting


(1) It is a defense to prosecution for any offense defined in this part that the person who possessed or distributed the dangerous, harmful, or detrimental drug did so under authority of law as a practitioner, as an ultimate user of the drug pursuant to a lawful prescription, or as a person otherwise authorized by law.


(2) It is an affirmative defense to prosecution for any marijuana-related offense defined in this part that the person who possessed or distributed the marijuana was authorized to possess or distribute the marijuana for medical purposes pursuant to part IX of chapter 329.


CREDIT(S)


Laws 1977, ch. 137, § 1; Laws 2000, ch. 228, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1240.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

[§ 712-1240.5]. Manufacturing a controlled substance with a child present


(1) Except as provided in subsection (2), any person convicted of manufacturing a controlled substance in violation of this chapter, who commits the offense knowing that a child under the age of sixteen is present in the structure where the offense occurs, shall be sentenced to a term of two years imprisonment to run consecutively to the maximum indeterminate term of imprisonment for the conviction of any offense involving the manufacturing of a controlled substance.


(2) Any person convicted of manufacturing a controlled substance in violation of this chapter, who commits the offense knowing that a child under the age of eighteen is present in the structure where the offense occurs and causes the child to suffer serious or substantial bodily injury as defined in section 707-700, shall be sentenced to a term of five years imprisonment to run consecutively to the maximum indeterminate term of imprisonment for the conviction of any offense involving the manufacturing of a controlled substance.


(3) As used in this section, “structure” means any house, apartment building, shop, warehouse, building, vessel, cargo container, motor vehicle, tent, recreational vehicle, trailer, or other enclosed space capable of holding a child and equipment for the manufacture of a controlled substance.


CREDIT(S)


Laws 2004, ch. 44, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1240.6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1240.6. Repealed by Laws 2006, ch. 230, § 50


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1240.7

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

[§ 712-1240.7]. Methamphetamine trafficking in the first degree


(1) A person commits the offense of methamphetamine trafficking in the first degree if the person knowingly:


(a) Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more containing methamphetamine or any of its salts, isomers, and salts of isomers;


(b) Distributes one or more preparations, compounds, mixtures, or substances of an aggregate weight of one-eighth ounce or more containing methamphetamine or any of its salts, isomers, and salts of isomers;


(c) Distributes methamphetamine in any amount to a minor; or


(d) Manufactures methamphetamine in any amount.


(2) Methamphetamine trafficking in the first degree is a class A felony for which the defendant shall be sentenced as provided in subsection (3).


(3) Notwithstanding sections 706-620(2), 706-640, 706-641, 706-659, 706-669, and any other law to the contrary, a person convicted of methamphetamine trafficking in the first degree shall be sentenced to an indeterminate term of imprisonment of twenty years with a mandatory minimum term of imprisonment of not less than two years and not greater than eight years and a fine not to exceed $20,000,000; provided that:


(a) If the person has one prior conviction for methamphetamine trafficking pursuant to this section or section 712-1240.8, the mandatory minimum term of imprisonment shall be not less than six years, eight months and not greater than thirteen years, four months;


(b) If the person has two prior convictions for methamphetamine trafficking pursuant to this section or section 712-1240.8, the mandatory minimum term of imprisonment shall be not less than thirteen years, four months and not greater than twenty years; or


(c) If the person has three or more prior convictions for methamphetamine trafficking pursuant to this section or section 712-1240.8, the mandatory minimum term of imprisonment shall be twenty years.


CREDIT(S)


Laws 2006, ch. 230, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1240.8

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

[§ 712-1240.8]. Methamphetamine trafficking in the second degree


(1) A person commits the offense of methamphetamine trafficking in the second degree if the person knowingly distributes methamphetamine in any amount.


(2) Methamphetamine trafficking in the second degree is a class B felony for which the defendant shall be sentenced as provided in subsection (3).


(3) Notwithstanding sections 706-620, 706-640, 706-641, 706-660, 706-669, and any other law to the contrary, a person convicted of methamphetamine trafficking in the second degree shall be sentenced to an indeterminate term of imprisonment of ten years with a mandatory minimum term of imprisonment of not less than one year and not greater than four years and a fine not to exceed $10,000,000; provided that:


(a) If the person has one prior conviction for methamphetamine trafficking pursuant to this section or section 712-1240.7, the mandatory minimum term of imprisonment shall be not less than three years, four months and not greater than six years, eight months;


(b) If the person has two prior convictions for methamphetamine trafficking pursuant to this section or section 712-1240.7, the mandatory minimum term of imprisonment shall be not less than six years, eight months and not greater than ten years; or


(c) If the person has three or more prior convictions for methamphetamine trafficking pursuant to this section or section 712-1240.7, the mandatory minimum term of imprisonment shall be ten years.


CREDIT(S)


Laws 2006, ch. 230, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1240.9

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

[§ 712-1240.9]. Methamphetamine trafficking; restitution and reimbursement


When sentencing a defendant convicted of methamphetamine trafficking pursuant to section 712-1240.7 or 712-1240.8, the court may order restitution or reimbursement to the State or appropriate county government for the cost incurred for any cleanup associated with the manufacture or distribution of methamphetamine and to any other person injured as a result of the manufacture or distribution of methamphetamine.


CREDIT(S)


Laws 2006, ch. 230, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1241

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1241. Promoting a dangerous drug in the first degree


(1) A person commits the offense of promoting a dangerous drug in the first degree if the person knowingly:


(a) Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of:


(i) One ounce or more, containing heroin, morphine, or cocaine or any of their respective salts, isomers, and salts of isomers; or


(ii) One and one-half ounce or more, containing one or more of any of the other dangerous drugs except methamphetamine; or


(b) Distributes, except for methamphetamine:


(i) Twenty-five or more capsules, tablets, ampules, dosage units, or syrettes containing one or more dangerous drugs; or


(ii) One or more preparations, compounds, mixtures, or substances of an aggregate weight of:


(A) One-eighth ounce or more, containing heroin, morphine, or cocaine or any of their respective salts, isomers, and salts of isomers; or


(B) Three-eighths ounce or more, containing any other dangerous drug;


(c) Distributes any dangerous drug in any amount to a minor except for methamphetamine; or


(d) Manufactures a dangerous drug in any amount, except for methamphetamine; provided that this subsection shall not apply to any person registered under section 329-32.


(2) Promoting a dangerous drug in the first degree is a class A felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1975, ch. 163, § 6(c); Laws 1979, ch. 112, § 1; Laws 1981, ch. 31, § 1; Laws 1982, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1988, ch. 146, § 1; Laws 1989, ch. 163, § 1; Laws 1996, ch. 308, § 2; Laws 1997, ch. 319, § 2; Laws 2002, ch. 161, § 6; Laws 2004, ch. 44, § 5; Laws 2006, ch. 230, § 49.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1242

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1242. Promoting a dangerous drug in the second degree


(1) A person commits the offense of promoting a dangerous drug in the second degree if the person knowingly:


(a) Possesses twenty-five or more capsules, tablets, ampules, dosage units, or syrettes, containing one or more dangerous drugs; or


(b) Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of:


(i) One-eighth ounce or more, containing methamphetamine, heroin, morphine, or cocaine or any of their respective salts, isomers, and salts of isomers; or


(ii) One-fourth ounce or more, containing any dangerous drug; or


(c) Distributes any dangerous drug in any amount, except for methamphetamine.


(2) Promoting a dangerous drug in the second degree is a class B felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1975, ch. 163, § 6(d); Laws 1982, ch. 9, § 2; Laws 1984, ch. 90, § 1; Laws 1987, ch. 176, § 7; Laws 1987, ch. 356, § 2; Laws 1988, ch. 291, § 1; Laws 1989, ch. 163, § 2; Laws 1996, ch. 308, § 3; Laws 2002, ch. 161, § 7; Laws 2004, ch. 44, § 6; Laws 2007, ch. 27, § 1, eff. April 20, 2007.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1243

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1243. Promoting a dangerous drug in the third degree


(1) A person commits the offense of promoting a dangerous drug in the third degree if the person knowingly possesses any dangerous drug in any amount.


(2) Promoting a dangerous drug in the third degree is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1975, ch. 163, § 6(e); Laws 1984, ch. 90, § 1; Laws 1996, ch. 308, § 4; Laws 2002, ch. 161, § 8; Laws 2004, ch. 44, § 7.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1244

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1244. Promoting a harmful drug in the first degree


(1) A person commits the offense of promoting a harmful drug in the first degree if the person knowingly:


(a) Possesses one hundred or more capsules or tablets or dosage units containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof; or


(b) Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one ounce or more containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof; or


(c) Distributes twenty-five or more capsules or tablets or dosage units containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof; or


(d) Distributes one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one-eighth ounce or more, containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof; or


(e) Distributes any harmful drug or any marijuana concentrate in any amount to a minor.


(2) Promoting a harmful drug in the first degree is a class A felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1975, ch. 119, § 1; Laws 1975, ch. 163, § 6(f); Laws 1979, ch. 105, § 66; Laws 1981, ch. 31, § 2; Laws 1984, ch. 90, § 1; Laws 1989, ch. 163, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1245

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1245. Promoting a harmful drug in the second degree


(1) A person commits the offense of promoting a harmful drug in the second degree if the person knowingly:


(a) Possesses fifty or more capsules or tablets or dosage units containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof; or


(b) Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one-eighth ounce or more, containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof; or


(c) Distributes any harmful drug or any marijuana concentrate in any amount.


(2) Promoting a harmful drug in the second degree is a class B felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1975, ch. 119, § 2; Laws 1975, ch. 163, § 6(g); Laws 1984, ch. 90, § 1; Laws 1989, ch. 163, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1246

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1246. Promoting a harmful drug in the third degree


(1) A person commits the offense of promoting a harmful drug in the third degree if the person knowingly possesses twenty-five or more capsules or tablets or dosage units containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof.


(2) Promoting a harmful drug in the third degree is a class C felony.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1975, ch. 163, § 6(h); Laws 1984, ch. 90, § 1; Laws 1989, ch. 163, § 5.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1246.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

[§ 712-1246.5]. Promoting a harmful drug in the fourth degree


(1) A person commits the offense of promoting a harmful drug in the fourth degree if the person knowingly possesses any harmful drug in any amount.


(2) Promoting a harmful drug in the fourth degree is a misdemeanor.


CREDIT(S)


Laws 1989, ch. 163, § 6.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1247

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1247. Promoting a detrimental drug in the first degree


(1) A person commits the offense of promoting a detrimental drug in the first degree if the person knowingly:


(a) Possesses four hundred or more capsules or tablets containing one or more of the Schedule V substances; or


(b) Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more, containing one or more of the Schedule V substances; or


(c) Distributes fifty or more capsules or tablets containing one or more of the Schedule V substances; or


(d) Distributes one or more preparations, compounds, mixtures, or substances of an aggregate weight of one-eighth ounce or more, containing one or more of the Schedule V substances; or


(e) Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of one pound or more, containing any marijuana; or


(f) Distributes one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more, containing any marijuana; or


(g) Possesses, cultivates, or has under the person's control twenty-five or more marijuana plants; or


(h) Sells or barters any marijuana or any Schedule V substance in any amount.


(2) Promoting a detrimental drug in the first degree is a class C felony.


(3) Any marijuana seized as evidence of a violation of this section in excess of one pound may be destroyed after it has been photographed and the weight thereof recorded. The remainder of the marijuana shall remain in the custody of the police department until the termination of any criminal action brought as a result of the seizure of the marijuana. Photographs duly identified as accurately representing the marijuana shall be deemed competent evidence of the marijuana involved and shall be admissible in any proceeding, hearing, or trial to the same extent as the marijuana itself; provided that nothing in this subsection shall be construed to limit or to restrict the application of Rule 901 of the Hawaii Rules of Evidence.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1975, ch. 163, § 6(i); Laws 1981, ch. 31, § 3; Laws 1981, ch. 123, § 1; Laws 1986, ch. 314, § 75; Laws 1989, ch. 384, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1248

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1248. Promoting a detrimental drug in the second degree


(1) A person commits the offense of promoting a detrimental drug in the second degree if the person knowingly:


(a) Possesses fifty or more capsules or tablets containing one or more of the Schedule V substances; or


(b) Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one-eighth ounce or more, containing one or more of the Schedule V substances; or


(c) Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one ounce or more, containing any marijuana; or


(d) Distributes any marijuana or any Schedule V substance in any amount.


(2) Promoting a detrimental drug in the second degree is a misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1975, ch. 163, § 6(j); Laws 1989, ch. 384, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1249

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1249. Promoting a detrimental drug in the third degree


(1) A person commits the offense of promoting a detrimental drug in the third degree if the person knowingly possesses any marijuana or any Schedule V substance in any amount.


(2) Promoting a detrimental drug in the third degree is a petty misdemeanor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1975, ch. 163, § 6(k); Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1249.4

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

[§ 712-1249.4]. Commercial promotion of marijuana in the first degree


(1) A person commits the offense of commercial promotion of marijuana in the first degree if the person knowingly:


(a) Possesses marijuana having an aggregate weight of twenty-five pounds or more; or


(b) Distributes marijuana having an aggregate weight of five pounds or more; or


(c) Possesses, cultivates, or has under the person's control one hundred or more marijuana plants; or


(d) Cultivates on land owned by another person, including land owned by the government or other legal entity, twenty-five or more marijuana plants, unless the person has the express permission from the owner of the land to cultivate the marijuana or the person has a legal or an equitable ownership interest in the land or the person has a legal right to occupy the land; or


(e) Uses, or causes to be used, any firearm or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner used is capable of causing death, serious bodily injury, substantial bodily injury, or other bodily injury, as defined in chapter 707 in order to prevent the theft, removal, search and seizure, or destruction of marijuana.


(2) Commercial promotion of marijuana in the first degree is a class A felony.


(3) Any marijuana seized as evidence in violation of this section in excess of an aggregate weight of twenty-five pounds as stated in subsection (1)(a), or in excess of an aggregate weight of five pounds as stated in subsection (1)(b), or in excess of one hundred marijuana plants as stated in subsection (1)(c), or in excess of twenty-five marijuana plants as stated in subsection (1)(d) may be destroyed after the excess amount has been photographed and the number of plants and the weight thereof has been recorded. The required minimum amount of the marijuana needed to constitute the elements of this offense shall remain in the custody of the police until the termination of any criminal action brought as a result of the seizure of the marijuana. Photographs duly identified as accurately representing the marijuana shall be deemed competent evidence of the marijuana involved and shall be admissible in any proceeding, hearing, or trial to the same extent as the marijuana itself; provided that nothing in this subsection shall be construed to limit or restrict the application of Rule 901 of the Hawaii Rules of Evidence.


CREDIT(S)


Laws 1989, ch. 384, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1249.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1249.5. Commercial promotion of marijuana in the second degree


(1) A person commits the offense of commercial promotion of marijuana in the second degree if the person knowingly:


(a) Possesses marijuana having an aggregate weight of two pounds or more; or


(b) Distributes marijuana having an aggregate weight of one pound or more; or


(c) Possesses, cultivates, or has under the person's control fifty or more marijuana plants; or


(d) Cultivates on land owned by another person, including land owned by the government or other legal entity, any marijuana plant, unless the person has the express permission from the owner of the land to cultivate the marijuana or the person has a legal or an equitable ownership interest in the land or the person has a legal right to occupy the land; or


(e) Sells or barters any marijuana or any Schedule V substance in any amount to a minor.


(2) Commercial promotion of marijuana in the second degree is a class B felony.


(3) Any marijuana seized as evidence in violation of this section in excess of an aggregate weight of two pounds as stated in subsection (1)(a), or in excess of an aggregate weight of one pound as stated in subsection (1)(b), or in excess of twenty-five marijuana plants as stated in subsection (1)(c) may be destroyed after the excess amount has been photographed and the number of plants and the weight thereof has been recorded. The required minimum amount of the marijuana needed to constitute the elements of this offense shall remain in the custody of the police until the termination of any criminal action brought as a result of the seizure of the marijuana. Photographs duly identified as accurately representing the marijuana shall be deemed competent evidence of the marijuana involved and shall be admissible in any proceeding, hearing, or trial to the same extent as the marijuana itself; provided that nothing in this subsection shall be construed to limit or to restrict the application of Rule 901 of the Hawaii Rules of Evidence.


CREDIT(S)


Laws 1986, ch. 314, § 76; Laws 1987, ch. 176, § 8; Laws 1989, ch. 384, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1249.6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1249.6. Promoting a controlled substance in, on, or near schools, school vehicles, public parks, or public housing projects or complexes


(1) A person commits the offense of promoting a controlled substance in, on, or near schools, school vehicles, public parks, or public housing projects or complexes if the person knowingly:


(a) Distributes or possesses with intent to distribute a controlled substance in any amount in or on the real property comprising a school, public park, or public housing project or complex;


(b) Distributes or possesses with intent to distribute a controlled substance in any amount within seven hundred and fifty feet of the real property comprising a school, public park, or public housing project or complex;


(c) Distributes or possesses with intent to distribute a controlled substance in any amount while on any school vehicle, or within ten feet of a parked school vehicle during the time that the vehicle is in service for or waiting to transport school children; or


(d) Manufactures methamphetamine or any of its salts, isomers, and salts of isomers, within seven hundred and fifty feet of the real property comprising a school, public park, or public housing project or complex.


(2) A person who violates subsection (1)(a), (b), or (c) is guilty of a class C felony. A person who violates subsection (1)(d) is guilty of a class A felony.


(3) Any person with prior conviction or convictions under subsection (1)(a), (b), or (c) is punishable by a term of imprisonment of not less than two years and not more than ten years.


(4) Any individual convicted under subsection (3) of this section shall not be eligible for parole until the individual has served the minimum sentence required by such subsection.


(5) For the purposes of this section, “school vehicle” means every school vehicle as defined in section 286-181 and any regulations adopted pursuant to that section.


(6) For purposes of this section, “school” means any public or private preschool, kindergarten, elementary, intermediate, middle secondary, or high school.


(7) For purposes of this section, “public housing project or complex” means a housing project directly controlled, owned, developed, or managed by the Hawaii public housing authority pursuant to the federal or state low-rent public housing program.


CREDIT(S)


Laws 1988, ch. 284, § 1; Laws 1991, ch. 11, § 1; Laws 2003, ch. 70, § 1; Laws 2004, ch. 44, § 8; Laws 2012, ch. 23, § 1, eff. April 17, 2012.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1249.7

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

[§ 712-1249.7]. Promoting a controlled substance through a minor


(1) A person age eighteen or over commits the offense of promoting a controlled substance through a minor if the person knowingly employs, hires, uses, persuades, induces, entices, or coerces a minor to facilitate the illegal distribution of a controlled substance.


(2) The offense of promoting a controlled substance through a minor is a class B felony unless the offense occurs in, on, or near the real property comprising a school, school vehicles, or public parks as prohibited under section 712-1249.6, in which case it is a class A felony.


CREDIT(S)


Laws 2004, ch. 44, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1250

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1250. Promoting intoxicating compounds


(1) A person commits the offense of promoting intoxicating compounds if the person knowingly:


(a) Breathes, inhales, or drinks any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis or irrational behavior, or in any manner changing, distorting or disturbing the auditory, visual or mental processes.


(b) Sells or offers for sale, delivers or gives to any person under eighteen years of age, unless upon written order of such person's parent or guardian, any compound liquid or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance which will induce an intoxicated condition, as defined herein, when the seller, offeror or deliveror knows or has reason to know that such compound is intended for use to induce such condition.


(2) Promoting intoxicating compounds is a misdemeanor.


(3) This section shall not apply to any person who commits any act described herein pursuant to the direction or prescription of a practitioner, as defined in the “Hawaii Food, Drug and Cosmetic Act” (section 328-16).


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1975, ch. 163, § 6(1); Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1250.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1250.5. Promoting intoxicating liquor to a person under the age of twenty-one


(1) A person, including any licensee as defined in section 281-1, commits the offense of promoting intoxicating liquor to a person under the age of twenty-one if the person knowingly:


(a) Sells or offers for sale, influences the sale, serves, delivers, or gives to a person intoxicating liquor, and the person receiving the intoxicating liquor is a person under the age of twenty-one; or


(b) Permits a person to possess intoxicating liquor while on property under his control, and the person possessing the intoxicating liquor is a person under the age of twenty-one.


(2) It is a defense to a prosecution for promoting intoxicating liquor to a person under the age of twenty-one that:


(a) The intoxicating liquor provided to the person under the age of twenty-one was an ingredient in a medicine prescribed by a licensed physician for medical treatment of the person under the age of twenty-one;


(b) The intoxicating liquor was provided to the person under the age of twenty-one as part of a ceremony of a recognized religion;


(c) The defendant provided the intoxicating liquor to the person under the age of twenty-one with the belief, which was reasonable under the circumstances, that the person under the age of twenty-one had attained the age of twenty-one;


(d) The defendant provided the intoxicating liquor to the person under the age of twenty-one with the express consent of the parent or legal guardian and with the belief, which was reasonable under the circumstances, that the person under the age of twenty-one would not consume any portion of the substance;


(e) The defendant provided the intoxicating liquor to the person under the age of twenty-one with the express consent of the parent or legal guardian and with the belief, which was reasonable under the circumstances, that the person under the age of twenty-one would consume the substance only in the presence of the parent or legal guardian; or


(f) The intoxicating liquor was possessed by the person under the age of twenty-one to be sold or served as allowed by law.


(3) The fact that a person engaged in the conduct specified by this section is prima facie evidence that the person engaged in that conduct with knowledge of the character, nature, and quantity of the intoxicating liquor possessed, distributed, or sold.


The fact that the defendant distributed or sold intoxicating liquor to a person under the age of twenty-one is prima facie evidence that the defendant knew the transferee was a person under the age of twenty-one, except as provided in subsection (2)(c).


(4) Promoting intoxicating liquor to a person under the age of twenty-one is a misdemeanor.


CREDIT(S)


Laws 1984, ch. 122, § 1; Laws 1986, ch. 342, § 4; Laws 1987, ch. 283, § 70; Laws 1991, ch. 206, § 2; Laws 1992, ch. 207, § 2; Laws 2006, ch. 203, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1251

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1251. Possession in a motor vehicle; prima facie evidence


(1) Except as provided in subsection (2), the presence of a dangerous drug, harmful drug, or detrimental drug in a motor vehicle, other than a public omnibus, is prima facie evidence of knowing possession thereof by each and every person in the vehicle at the time the drug was found.


(2) Subsection (1) does not apply to:


(a) Other occupants of the motor vehicle if the substance is found upon the person of one of the occupants therein; or


(b) All occupants, except the driver or owner of the motor vehicle, if the substance is found in some portion of the vehicle normally accessible only to the driver or owner; or


(c) The driver of a motor vehicle who is at the time operating it for hire in the pursuit of the driver's trade, if the substance is found in a part of the vehicle used or occupied by passengers.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1252

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1252. Knowledge of character, nature, or quantity of substance, or age of transferee; prima facie evidence


(1) The fact that a person engaged in the conduct specified by any section in this part is prima facie evidence that the person engaged in that conduct with knowledge of the character, nature, and quantity of the dangerous drug, harmful drug, detrimental drug, or intoxicating compounds possessed, distributed, or sold.


(2) The fact that the defendant distributed or sold a dangerous drug, harmful drug, detrimental drug, or intoxicating compound to a minor is prima facie evidence that the defendant knew the transferee to be a minor.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1984, ch. 122, § 3; Laws 1986, ch. 342, § 5; Laws 1987, ch. 283, § 70; Laws 1991, ch. 206, § 2; Laws 1992, ch. 207, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1253

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1253. Penalties under other laws


Any penalty imposed for violation of this chapter or chapter 329 is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1987, ch. 176, § 9.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1254

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1254. Bar to prosecution


If a violation of this part or chapter 329 is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this State.


CREDIT(S)


Laws 1972, ch. 9, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1255

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1255. Conditional discharge


(1) Whenever any person who has not previously been convicted of any offense under this chapter or chapter 329 or under any statute of the United States or of any state relating to a dangerous drug, harmful drug, detrimental drug, or an intoxicating compound, pleads guilty to or is found guilty of promoting a dangerous drug, harmful drug, detrimental drug, or an intoxicating compound under section 712-1243, 712-1245, 712-1246, 712-1248, 712-1249, or 712-1250, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place the accused on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided.


(2) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person.


(3) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.


(4) There may be only one discharge and dismissal under this section with respect to any person.


(5) After conviction, for any offense under this chapter or chapter 329, but prior to sentencing, the court shall be advised by the prosecutor whether the conviction is defendant's first or a subsequent offense. If it is not a first offense, the prosecutor shall file an information setting forth the prior convictions. The defendant shall have the opportunity in open court to affirm or deny that the defendant is identical with the person previously convicted. If the defendant denies the identity, sentence shall be postponed for such time as to permit the trial, before a jury if the defendant has a right to trial by jury and demands a jury, on the sole issue of the defendant's identity with the person previously convicted.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1; Laws 1987, ch. 176, § 10.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1256

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1256. Expunging of court records


(1) Upon the dismissal of such person and discharge of the proceeding against the person under section 712-1255, this person, if the person was not over twenty years of age at the time of the offense, may apply to the court for an order to expunge from all official records all recordation relating to the person's arrest, indictment, or information, trial, finding of guilt, and dismissal and discharge pursuant to this section.


(2) If the court determines, after hearing, that such person was dismissed and the proceedings against the person discharged and that the person was not over twenty years of age at the time of the offense, it shall enter such order.


(3) The effect of such order shall be to restore such person, in the contemplation of the law, to the status the person occupied before such arrest or indictment or information.


(4) No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person's failures to recite or acknowledge such arrest or indictment or information, or trial in response to any inquiry made of the person for any purpose.


CREDIT(S)


Laws 1972, ch. 9, § 1; Laws 1984, ch. 90, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1257

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

Part IV. Offenses Related to Drugs and Intoxicating Compounds

§ 712-1257. Prohibited cigarette sales of less than twenty


(1) It shall be unlawful to sell single cigarettes or packs of cigarettes containing less than twenty cigarettes. It further shall be unlawful to sell cigarettes other than in sealed packages originating with the manufacturer and bearing the health warning required by law.


(2) As used in this section, “to sell” includes: to solicit and receive an order for; to have, or keep, or offer, or expose for sale; to deliver for value or in any other way than purely gratuitously; to peddle; to keep with intent to sell; and to traffic in.


(3) “Sale” includes every act of selling as defined in [subsection (2)].


(4) Any person who violates subsection (1), shall be fined not more than $2,500 for the first offense. Any subsequent offense shall subject the person to a fine of not less than $100 and not more than $5,000. Any person who knowingly violates subsection (1) shall be guilty of a class C felony.


CREDIT(S)


Laws 1996, ch. 53, § 1; Laws 2000, ch. 201, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1270

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

[Part V]. Nuisance Abatement

§ 712-1270. Places used to commit offenses against public health and morals, a nuisance


Every building, premises, or place used for the purpose of violating:


(1) Those laws pertaining to offenses against public health and morals contained in parts I, II, and IV of this chapter, except offenses under part IV which do not involve the manufacture or distribution of drugs; or


(2) Section 132D-14(a)(1) or (3),


and every building, premises, or place in or upon which the violations are held or occur in parts I, II, and IV, or section 132D-14(a)(1) or (3), is a nuisance that shall be enjoined, abated, and prevented, regardless of whether it is a public or private nuisance.


CREDIT(S)


Laws 1979, ch. 181, § 2; Laws 1990, ch. 158, § 1; Laws 1996, ch. 246, § 1; Laws 2010, ch. 136, § 4, eff. May 24, 2010.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1270.3

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

[Part V]. Nuisance Abatement

§ 712-1270.3. Citizen's rights


Any citizen who brings a nuisance abatement suit against a place used for the purpose of committing :


(1) Fireworks related offenses contained in section 132D-14(a)(1) or (3); or


(2) Drug offenses under part IV of this chapter or who files a complaint with the local police or drug nuisance abatement unit of the department of the attorney general,


shall be entitled to the same rights and protections of victims and witnesses in criminal proceedings in accordance with chapter 801D.


CREDIT(S)


Laws 2004, ch. 44, § 25; Laws 2010, ch. 136, § 5, eff. May 24, 2010.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1270.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

[Part V]. Nuisance Abatement

§ 712-1270.5. Injunctions against persons


Nothing in this part shall be construed to prohibit injunctions against persons causing, maintaining, aiding, abetting, or permitting a nuisance from entering or residing in any public or private building, premises, or place, in or upon which the nuisance exists.


CREDIT(S)


Laws 1998, ch. 286, § 1; Laws 2005, ch. 123, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1271

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

[Part V]. Nuisance Abatement

§ 712-1271. Suit to abate


(1) Whenever there is reason to believe that a nuisance as defined in this chapter is in existence, kept, or maintained in any county, the attorney general of the State or the prosecutor or prosecuting attorney of the respective counties shall, or any citizen of the State residing within such county may in the citizen's own name, or any organization, including, but not limited to a tenant organization within such county may in the organization's own name, maintain a suit to abate and prevent the nuisance and to perpetually enjoin the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance, or the owner, lessee, or agent of the building, premises, or place in or upon which the nuisance exists from directly or indirectly causing, maintaining, aiding, abetting, or permitting the nuisance.


(2) No action authorized under this part which seeks to abate or prevent a nuisance shall be filed or maintained against the State or any political subdivision thereof.


CREDIT(S)


Laws 1979, ch. 181, § 2; Laws 1984, ch. 90, § 1; Laws 1996, ch. 246, § 2; Laws 1998, ch. 286, § 2; Laws 2005, ch. 123, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1271.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

[Part V]. Nuisance Abatement

[§ 712-1271.5]. Standard of proof


Except as may be otherwise expressly provided, the civil causes of action in this part shall be proved by a preponderance of the evidence.


CREDIT(S)


Laws 2005, ch. 123, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1271.6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

[Part V]. Nuisance Abatement

[§ 712-1271.6]. Protective order


If proof of the existence of the nuisance depends, in whole or in part, upon the affidavits or testimony of witnesses who are not law enforcement officers, the court, upon a showing of prior threats of violence or acts of violence by any defendant may issue orders to protect those witnesses including, but not limited to, the nondisclosure of the name, address, or any other information that may identify those witnesses.


CREDIT(S)


Laws 2005, ch. 123, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1272

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

[Part V]. Nuisance Abatement

§ 712-1272. Temporary writ


Whenever the existence of a nuisance is shown in a suit brought under this part to the satisfaction of the court or the judge thereof, either by verified petition or affidavit, or both, the court or judge thereof shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of such nuisance, which injunction may include a provision prohibiting the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance from residing in or entering into the building, premises, or place in or upon which the nuisance exists. The petition in such suit need not be verified, except in those suits brought by a citizen in the citizen's own name, or those suits brought by an organization in its own name, but shall be signed by the party bringing the same and shall include a certification that the complainant believes the allegations of the petition to be true.


CREDIT(S)


Laws 1979, ch. 181, § 2; Laws 1984, ch. 90, § 1; Laws 1996, ch. 246, § 3; Laws 2005, ch. 123, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1273

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

[Part V]. Nuisance Abatement

§ 712-1273. Suit to have precedence


The suit when brought shall have precedence over all cases, excepting criminal proceedings, election contests, and hearings on injunctions, and in the suit evidence of the general reputation of the building, premises, place, or persons, and of the use or threat of violence shall be admissible for the purpose of proving the existence of the nuisance.


CREDIT(S)


Laws 1979, ch. 181, § 2; Laws 1996, ch. 246, § 4; Laws 1998, ch. 286, § 3; Laws 2005, ch. 123, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1274

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

[Part V]. Nuisance Abatement

§ 712-1274. Failure to prosecute


If the petition is filed by a citizen or by an organization, it shall not be dismissed by the complainant or for want of prosecution except upon a sworn statement by the complainant or the complainant's attorney, setting forth the reasons why the suit should be dismissed, and the dismissal ordered by the court. In case of failure to prosecute any such suit with reasonable diligence, or at the request of the complainant, the court, in its discretion, may substitute any other citizen or organization, including, but not limited to the attorney general or the prosecutor or prosecuting attorney of the county consenting thereto for the complainant. If a suit is brought by a citizen or by an organization and the court finds that there was no reasonable ground or cause therefor, the costs shall be taxed against such citizen or organization, except that no costs shall be taxed against state or county organizations.


CREDIT(S)


Laws 1979, ch. 181, § 2; Laws 1996, ch. 246, § 5.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1275

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

[Part V]. Nuisance Abatement

§ 712-1275. Order of abatement


If the existence of a nuisance is established in a suit as provided herein, an order of abatement shall be entered as a part of the judgment in the case, which order shall include a provision permanently prohibiting the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance, if said person or persons are a party to the proceeding, from residing in or entering into the building, premises, or place in or upon which the nuisance exists. The court, on the application of the person, may suspend the prohibition if the person is participating in a court-approved treatment and monitoring program which addresses the person's conduct which caused the nuisance. If the court determines that the person has successfully completed the program and that the person is not likely to again create a nuisance, the court may dissolve the injunction against the person. In the event that the court determines that an injunction against the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance will not completely abate the nuisance or that one or more of the persons causing, maintaining, aiding, abetting, or permitting the nuisance are not parties to the proceeding, the court shall also direct the effectual closing of the building, premises, or place, against its use for any purpose, and that it be kept closed for a period not exceeding one year, unless sooner released, as provided by section 712-1277. While the order remains in effect as to closing, the building, premises, or place shall remain in the custody of the court. The court's orders may also include, but are not limited to, an order suspending or revoking any business, professional, operational, or liquor license.


CREDIT(S)


Laws 1979, ch. 181, § 2; Laws 1996, ch. 246, § 6; Laws 2005, ch. 123, § 6.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1276

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

[Part V]. Nuisance Abatement

§ 712-1276. Costs and expenses


For any attorneys' fees, costs, or expenses incurred in the closing of the building, premises, or place and keeping it closed, or incurred in enforcing the injunction prohibiting the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance from residing or entering into the building, premises, or place in or upon which the nuisance exists, as well as the attorneys' fees, costs, and expenses incurred by the party bringing the action, a reasonable sum shall be allowed by the court.


CREDIT(S)


Laws 1979, ch. 181, § 2; Laws 1996, ch. 246, § 7; Laws 2004, ch. 44, § 27; Laws 2005, ch. 123, § 7.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1277

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

[Part V]. Nuisance Abatement

§ 712-1277. Owner not guilty of contempt; may pay costs


If the owner of the building, premises, or place has not been guilty of any criminal contempt of court in the proceedings, and appears and pays all costs, fees, and allowances which are a lien on the building, premises, or place and files a bond in a reasonable amount to be fixed by the court, with sureties, to be approved by the court or judge, conditioned that the owner will immediately abate any such nuisance that may exist at such building, premises, or place and prevent the same from being established or kept thereat for a period of one year thereafter, the court or the judge thereof, may, if satisfied of the owner's good faith, order the building, premises, or place closed under the order of abatement canceled so far as the same may relate to the closing of said building, premises, or place. The release of the building, premises, or place under the provisions of this section does not release it from any judgment, lien, penalty, or liability to which it may be subject by law.


CREDIT(S)


Laws 1979, ch. 181, § 2; Laws 1984, ch. 90, § 1; Laws 1996, ch. 246, § 8.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1277.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

[Part V]. Nuisance Abatement

[§ 712-1277.5]. Contempt


Any person who knowingly violates any order issued pursuant to this part shall be subject to civil contempt as well as punishment for criminal contempt of court under section 710-1077. Nothing in this section shall be construed in any way to preclude or preempt a criminal prosecution for violation of a controlled substance offense or any other criminal offense.


CREDIT(S)


Laws 2005, ch. 123, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1278

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

[Part V]. Nuisance Abatement

§ 712-1278. Fine, costs, lien on place


Any attorneys' fees, costs, expenses, and fines imposed against any owner of a business, premises or place in any proceedings under this part shall be a lien upon such business, premises, or place, to the extent of the interest of such person therein, enforceable and collectible by execution issued by the order of the court.


CREDIT(S)


Laws 1979, ch. 181, § 2; Laws 1996, ch. 246, § 9; Laws 2004, ch. 44, § 28.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1279

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

[Part V]. Nuisance Abatement

§ 712-1279. Termination of lease


The notice by the owner of any business, premises, or place to the lessee that the lease will be revoked if the lessee continues the maintenance of the nuisance, and other action taken to revoke the lease or to obtain the termination of the nuisance shall be given appropriate consideration by the court in the determination of a criminal contempt action brought against the owner in connection with abatement procedures of this part.


CREDIT(S)


Laws 1979, ch. 181, § 2; Laws 1984, ch. 90, § 1; Laws 1996, ch. 246, § 10.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1280

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

[Part V]. Nuisance Abatement

§ 712-1280. Place


“Place” as used in this part means any building, structure, or place, or any separate part or portion thereof, whether permanent or not, or the ground itself.


CREDIT(S)


Laws 1979, ch. 181, § 2; Laws 1996, ch. 246, § 11.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712-1281

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712. Offenses Against Public Health and Morals (Refs & Annos)

[Part V]. Nuisance Abatement

[§ 712-1281. Forfeiture; fireworks.]


In addition to any other penalty that may be imposed for violation of section 132D-14(a)(1) or (3), any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit an offense under section 132D-14(a)(1) or (3), or that facilitated or assisted such activity, and any proceeds or other property acquired or maintained with the proceeds from violation of section 132D-14(a)(1) or (3) may be subject to forfeiture pursuant to chapter 712A.


CREDIT(S)


Laws 2010, ch. 136, § 1, eff. May 24, 2010.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS D. 5, T. 37, Ch. 712A, Refs & Annos

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-1

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

§ 712A-1. Definitions


In this chapter, unless a different meaning plainly is required:


“Attorney general” means the attorney general or deputy attorneys general of the State of Hawaii.


“Contraband” means any property the possession of which is illegal.


“Controlled substances” means a drug, substance, or immediate precursor in schedules I through V of chapter 329, part II.


“Covered offense” means any crime set forth in section 712A-4 or any other offense for which forfeiture is provided by the law relating to a particular offense.


“Enterprise” includes any sole proprietorship, partnership, corporation, association, or any union or group of individuals associated for a particular purpose although not a legal entity.


“Interest-holder” means a person in whose favor there is a security interest or who is the beneficiary of a perfected encumbrance pertaining to an interest in property.


“Law enforcement officer” means any public servant, whether employed by the State or subdivisions thereof or by the United States, vested by law with a duty to maintain public order, to make arrests for offenses, or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses. The attorney general, deputy attorneys general, county prosecuting attorneys, and deputy prosecuting attorneys engaged in the enforcement of criminal laws are included in the definition of the term law enforcement officer.


“Owner” means a person who is not a secured party within the meaning of section 490:9-102 and who has an interest in property, whether legal or equitable. A purported interest which is not in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value shall not be recognized as an interest against this State in an action pursuant to this chapter. An owner with power to convey property binds other owners, and a spouse binds the person's spouse, by any act or omission.


“Person” includes any individual or entity capable of holding a legal or beneficial interest in property.


“Person known to have an interest” means a person whose interest in property is reflected in the public records in which the person's interest is required by law to be recorded or reflected in order to perfect the person's interest. If a person's interest in property is not required by law to be reflected in public records in order to perfect the person's interest in the property, a person shall be known to have an interest only if such interest can be readily ascertained at the time of the commencement of the forfeiture action pursuant to this chapter.


“Proceeds” means anything of value, derived directly or indirectly from or realized through unlawful activity.


“Property” means real property, including things growing on, affixed to, and found on land; tangible and intangible personal property, including currency, instruments, vehicles, boats, aircraft or any other kind of conveyance; and all rights, privileges, interests, claims, and securities pertaining to such property.


“Prosecuting attorney” means the prosecuting attorney or deputy prosecuting attorneys of the various counties, or the attorney general or deputy attorneys general when engaged in the prosecution of a criminal offense.


“Seizing agency” means any department or agency of this State or its political subdivisions which regularly employs law enforcement officers, and which employed the law enforcement officer who seized property for forfeiture, or such other agency as the seizing agency may designate in a particular case by its chief executive officer or designee.


“Seizure for evidence” means seizure of property by a law enforcement officer.


“Seizure for forfeiture” means seizure of property by a law enforcement officer coupled with an assertion by the seizing agency or by a prosecuting attorney that the property is subject to forfeiture.


CREDIT(S)


Laws 1984, ch. 90, § 1; Laws 1988, ch. 260, § 1; Laws 1994, ch. 178, § 1; Laws 2000, ch. 241, § 7.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-2

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

§ 712A-2. Jurisdiction


(1) The State may commence an in rem proceeding in the circuit court if the property for which forfeiture is sought is within this State at the time of the filing of the action.


(2) The State may commence a civil in personam proceeding in the circuit court if the courts of this State have in personam jurisdiction of an owner of or interest-holder in the property.


(3) The State may commence a criminal in personam proceeding in the court which has in personam jurisdiction of an owner of or interest-holder in the property.


CREDIT(S)


Laws 1988, ch. 260, § 1; Laws 1994, ch. 178, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-3

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

[§ 712A-3]. Venue


An action brought pursuant to this chapter may be brought in the county which the property is seized or in any county where an owner or interest-holder could be complained against for the conduct alleged to give rise to the forfeiture of the property.


CREDIT(S)


Laws 1988, ch. 260, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-4

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

§ 712A-4. Covered offenses


Offenses for which property is subject to forfeiture under this chapter are:


(a) All offenses that specifically authorize forfeiture;


(b) Murder, kidnapping, labor trafficking, gambling, criminal property damage, robbery, bribery, extortion, theft, unauthorized entry into motor vehicle, burglary, money laundering, trademark counterfeiting, insurance fraud, promoting a dangerous, harmful, or detrimental drug, commercial promotion of marijuana, methamphetamine trafficking, manufacturing of a controlled substance with a child present, promoting child abuse, or electronic enticement of a child that is chargeable as a felony offense under state law;


(c) The manufacture, sale, or distribution of a controlled substance in violation of chapter 329, promoting detrimental drugs or intoxicating compounds, promoting pornography, promoting pornography for minors, or promoting prostitution, which is chargeable as a felony or misdemeanor offense, but not as a petty misdemeanor, under state law; and


(d) The attempt, conspiracy, solicitation, coercion, or intimidation of another to commit any offense for which property is subject to forfeiture.


CREDIT(S)


Laws 1988, ch. 260, § 1; Laws 1991, ch. 166, § 1; Laws 1997, ch. 277, § 3; Laws 1998, ch. 155, § 4; Laws 1998, ch. 307, § 1; Laws 1999, ch. 18, § 19; Laws 2002, ch. 200, § 4; Laws 2002, ch. 240, §§ 5, 11; Laws 2006, ch. 7, § 1; Laws 2011, ch. 146, § 2, eff. July 1, 2011.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

§ 712A-5. Property subject to forfeiture; exemption


(1) The following is subject to forfeiture:


(a) Property described in a statute authorizing forfeiture;


(b) Property used or intended for use in the commission of, attempt to commit, or conspiracy to commit a covered offense, or which facilitated or assisted such activity;


(c) Any firearm which is subject to forfeiture under any other subsection of this section or which is carried during, visible, or used in furtherance of the commission, attempt to commit, or conspiracy to commit a covered offense, or any firearm found in proximity to contraband or to instrumentalities of an offense;


(d) Contraband or untaxed cigarettes in violation of chapter 245, shall be seized and summarily forfeited to the State without regard to the procedures set forth in this chapter;


(e) Any proceeds or other property acquired, maintained, or produced by means of or as a result of the commission of the covered offense;


(f) Any property derived from any proceeds which were obtained directly or indirectly from the commission of a covered offense;


(g) Any interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise which has been established, participated in, operated, controlled, or conducted in order to commit a covered offense;


(h) All books, records, bank statements, accounting records, microfilms, tapes, computer data, or other data which are used, intended for use, or which facilitated or assisted in the commission of a covered offense, or which document the use of the proceeds of a covered offense.


(2) Except that:


(a) Real property, or an interest therein, may be forfeited under the provisions of this chapter only in cases in which the covered offense is chargeable as a felony offense under state law;


(b) No property shall be forfeited under this chapter to the extent of an interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge and consent of that owner;


(c) No conveyance used by any person as a common carrier in the transaction of a business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;


(d) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner's knowledge or consent; and


(e) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission.


CREDIT(S)


Laws 1988, ch. 260, § 1; Laws 2000, ch. 249, §§ 11, 20(2); Laws 2002, ch. 94, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-5.5

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

[§ 712A-5.5]. Excessive forfeitures


The court shall limit the scope of a forfeiture judgment issued pursuant to section [712A-5(1)(b)] to the extent the court finds the effect of the forfeiture is grossly disproportionate to the nature and severity of the owner's conduct. In determining whether a forfeiture is grossly disproportionate, the court may consider:


(1) The degree to which the property was used to facilitate the conduct that subjects property to forfeiture and the importance of the property to the conduct;


(2) The gain received or expected by an owner from the conduct that subjects property to forfeiture and the value of the property subject to forfeiture;


(3) The nature and extent of the owner's culpability; and


(4) The owner's effort to prevent the conduct or assist in prosecution.


CREDIT(S)


Laws 1996, ch. 104, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-6

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

§ 712A-6. Seizure of property


(1) Personal property subject to forfeiture under this chapter may be seized for forfeiture by a law enforcement officer:


(a) On process issued pursuant to the rules of civil procedure or the provisions of this chapter including a seizure warrant;


(b) By making a seizure for forfeiture on property seized on process issued pursuant to law; or


(c) By making a seizure for forfeiture without court process as follows:


(i) The seizure for forfeiture is of property seized incident to an arrest or search;


(ii) The property subject to seizure for forfeiture has been the subject of a prior judgment in favor of the State or any other state or the federal government in forfeiture proceeding;


(iii) The law enforcement officer has probable cause to believe that the property seized for forfeiture is directly or indirectly dangerous to health or safety;


(iv) The law enforcement officer has probable cause to believe that the property is subject to forfeiture; or


(v) The seizure for forfeiture is of perishable natural resources seized and sold, pursuant to section 199-7, prior to forfeiture proceeding.


(2) Real property subject to forfeiture under this chapter may be seized for forfeiture by a law enforcement officer pursuant to court order following a pre-seizure hearing in the circuit court in the circuit in which the property is located with notice of the pre-seizure hearing to be made to the owners and interest-holders pursuant to section 712A-8. The court shall order the real property in question to be seized for forfeiture if it finds probable cause that the real property is subject to forfeiture under any provision of the Hawaii Revised Statutes.


(3) In determining probable cause for seizure, the fact that a firearm, money, or any negotiable instrument was found in proximity to contraband or to instrumentalities of an offense gives rise to an inference that the money, or instrument was the proceeds of contraband or that the firearm, money or instrument was used or intended to be used to facilitate commission of the offense.


CREDIT(S)


Laws 1988, ch. 260, § 1; Laws 1994, ch. 178, § 3; Laws 1999, ch. 233, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-7

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

§ 712A-7. Powers and duties of law enforcement officers and agencies


(1) In the event of a seizure for forfeiture under section 712A-6, the property is not subject to replevin, conveyance, sequestration, or attachment but is deemed to be in the custody of the law enforcement agency making the seizure for forfeiture. The seizing agency or the prosecuting attorney may authorize the release of the seizure for forfeiture on the property if forfeiture or retention is unnecessary, may transfer the property to any other county, state, or federal agency or may transfer the action to another prosecuting attorney by discontinuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other agency or prosecuting attorney. An action pursuant to this chapter shall be consolidated with any other action or proceeding pursuant to this chapter relating to the same property upon motion by the prosecuting attorney in either action.


(2) If property is seized for forfeiture under section 712A-6 pending forfeiture and final disposition, the seizing agency may do any of the following:


(a) Place the property under constructive seizure by posting notice of seizure for forfeiture on the property or by filing notice of seizure for forfeiture or notice of pending forfeiture in any appropriate public record relating to the property;


(b) Remove the property to a storage area for safekeeping or, if the property is a negotiable instrument or money, deposit it in an interest bearing account;


(c) Remove the property to a place designated by the court; or


(d) Provide for another agency to take custody of the property and remove it to an appropriate location within the jurisdiction of the court.


(3) As soon as practicable after seizure for forfeiture, the seizing agency shall conduct an inventory and estimate the value of the property seized. Within twenty days after seizure for forfeiture the seizing agency shall make reasonable efforts to give notice of seizure for forfeiture in the manner provided in section 712A-8(a) or 712A-8(b) to all parties known to have an interest in the seized property.


(4) In the event of a seizure for forfeiture under section 712A-6, the seizing agency shall send to a prosecuting attorney a written request for forfeiture within thirty days, which shall include a statement of facts and circumstances of the seizure, the appraised or estimated value of the property, and a summary of the facts relied on for forfeiture.


CREDIT(S)


Laws 1988, ch. 260, § 1; Laws 1991, ch. 166, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-8

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

§ 712A-8. Notice of forfeiture proceedings


Unless otherwise provided, whenever notice is required under this chapter it shall be given in one of the following ways:


(a) If the owner's or interest-holder's name and current address are known:


(i) By personal service; or


(ii) By mail;


(b) If the owner's or interest-holder's interest is required by law to be on record with a state or federal agency in order to perfect an interest in the property, but the person's current address is not known, by mailing a copy of the notice by certified mail to any address on the record; or


(c) If the owner's or interest-holder's address is not known, and is not on record pursuant to paragraph (b), or if the person's interest is not known, by publication in one issue of a newspaper of general circulation in the county in which the seizure occurs.


CREDIT(S)


Laws 1988, ch. 260, § 1; Laws 1991, ch. 166, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-9

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

§ 712A-9. Commencement of proceedings


(1) The prosecuting attorney shall determine whether it is probable that the property is subject to forfeiture and, if so, shall initiate administrative or judicial proceedings against the property within forty-five days of receipt of a written request for forfeiture from a seizing agency. If, on inquiry and examination, the prosecuting attorney determines, with sole discretion, that the proceedings probably cannot be sustained or that justice does not require the institution of proceedings, the prosecuting attorney shall notify the seizing agency, and as soon as practicable authorize the release of the seizure for forfeiture on the property or on any specified interest in it. A determination by the prosecuting attorney to forego initiation of proceedings shall not be a bar to initiation of proceedings against the same property based on the same circumstances at a later time.


(2) If the property sought to be forfeited is real property, including fixtures, the prosecuting attorney shall file a lis pendens with respect to the property but shall not be required to pay a filing fee.


CREDIT(S)


Laws 1988, ch. 260, § 1; Laws 1991, ch. 166, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-10

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

§ 712A-10. Administrative forfeiture


The prosecuting attorney may initiate administrative forfeiture of property other than real property, the estimated value of which is less than $100,000, or of any vehicle or conveyance, regardless of value. Administrative forfeiture shall be processed in the following manner:


(1) The prosecuting attorney shall file a petition with the attorney general, pursuant to rules adopted by the attorney general.


(2) The prosecuting attorney shall give notice of pending forfeiture by making reasonable efforts to serve a copy of the petition in a manner provided in section 712A-8(a) or 712A-8(b) on all persons known to have an interest in the property, together with instructions for filing a claim and cost or in pauperis bond, or a petition for remission or mitigation.


(3) The attorney general shall give notice of intention to forfeit the property administratively by publication in the manner provided in section 712A-8(c). Notice by publication shall include:


(a) A description of the property;


(b) The estimated value of the property;


(c) The date and place of the seizure;


(d) The offense for which the property is subject to forfeiture;


(e) Instructions for filing a claim and cost or in pauperis bond, or a petition for remission or mitigation; and


(f) Notice that the property will be forfeited to the State if a claim and cost or in pauperis bond or petition for remission or mitigation is not filed in substantial compliance with this section.


(4) Persons claiming an interest in the property may file either a petition for remission or mitigation of forfeiture, or a claim and cost or in pauperis bond, but not both, with the attorney general, within thirty days of notice by publication or receipt of written notice, whichever is earlier. Notwithstanding section 1-29, the thirty-day time period prescribed herein is computed by excluding the first day and including the last day, unless the last day is a Saturday, Sunday, or holiday and then it is also excluded, and the thirty-day time period runs until the end of the next day which is not a Saturday, Sunday, or a holiday. “Holiday” includes any day designated as a holiday pursuant to section 8-1.


(5) Any person claiming seized property may seek remission or mitigation of the forfeiture by timely filing a petition with the attorney general. A petition for remission or mitigation shall not be used to challenge the sufficiency of the evidence to support the forfeiture or the actions of any government official but shall presume a valid forfeiture and ask the attorney general to invoke the executive power to pardon the property, in whole or in part. The petition shall be signed by the petitioner and sworn on oath before a notary public and shall contain the following:


(a) A reasonably complete description of the property;


(b) A statement of the interest of the petitioner in the property, as owner or interest-holder which may be supported by bills of sale, contracts, or mortgages, or other documentary evidence; and


(c) Facts and circumstances sufficient to show whether the petitioner:


(i) Owns or holds an interest in the seized property as defined by section 712A-1;


(ii) Had any knowledge that the property was or would be involved in any violation of the law;


(iii) Had any knowledge of the particular violation which subjected the property to seizure and forfeiture;


(iv) Had any knowledge that the user of the property had any record, including arrests, except when the person was acquitted or the charges dismissed due to lack of evidence, for the violation which subjected the property to seizure and forfeiture or for any crime which is similar in nature.


Any subsequent pleadings or written communications alleging matters pertaining to [subparagraph] (b) or (c) of this [paragraph] must also be signed by the petitioner and sworn on oath before a notary public.


(6) If the attorney general, with sole discretion, determines that remission is not warranted, the attorney general may discretionarily mitigate the forfeiture where the petitioner has not met the minimum requirements for remission but where there are present other extenuating circumstances indicating that some relief should be granted to avoid extreme hardship. Mitigation may also be granted where the minimum requirements for remission have been met but the overall circumstances are such that the attorney general determines that complete relief is not warranted. Mitigation shall take the form of a money penalty imposed upon the petitioner which shall be deposited into the criminal forfeiture fund established under section 712A-16. Extenuating circumstances include:


(a) Language or culture barrier;


(b) Humanitarian factors such as youth or extreme age;


(c) Presence of physical or mental disease, disorder, or defect;


(d) Limited or peripheral criminal culpability;


(e) Cooperation with the seizing agency or the prosecuting attorney; and


(f) Any contributory error on the part of government officials.


(7) It shall be the duty of the attorney general to inquire into the facts and circumstances alleged in a petition for remission or mitigation of forfeiture. However, no petitioner is entitled to a hearing on the petition for remission or mitigation. Hearings, if any, shall be held at the discretion of the attorney general.


(8) The attorney general shall provide the seizing agency and the petitioner a written decision on each petition for remission or mitigation within sixty days of receipt of the petition unless the circumstances of the case require additional time, in which case the attorney general shall notify the petitioner in writing and with specificity within the sixty-day period that the circumstances of the case require additional time and further notify the petitioner of the expected decision date.


(9) Any person claiming seized property may seek judicial review of the seizure and proposed forfeiture by timely filing with the attorney general a claim and bond to the State in the amount of ten per cent of the estimated value of the property or in the sum of $2,500, whichever is greater, with sureties to be approved by the attorney general, upon condition that if the claimant fails to prove that claimant's interest is exempt from forfeiture under section 712A-5, the claimant shall pay the State's costs and expenses, including reasonable attorneys fees incurred in connection with a judicial proceeding. In lieu of a cost bond, a claimant may file an in pauperis bond sworn on oath before a notary public. An in pauperis bond shall be in the form set out in the appendix to the rules of penal procedure. The claim shall be signed by the claimant and sworn on oath before a notary public and shall comply with the requirements of section 712A-12(5). Upon receipt of the claim and bond, the attorney general shall notify the prosecuting attorney who may discretionarily continue to seek forfeiture by petitioning the circuit court for forfeiture of the property within forty-five days of receipt of notice that a proper claim and bond has been filed. The prosecuting attorney may also elect to honor the claim in which case the prosecuting attorney shall notify the seizing agency and authorize the release of the seizure for forfeiture on the property or on any specified interest in it.


(10) If a judicial forfeiture proceeding is instituted subsequent to notice of administrative forfeiture pursuant to paragraph (9), no duplicate or repetitive notice shall be required. The judicial proceeding, if any, shall adjudicate all timely filed claims. At the judicial proceeding, the claimant may testify, present evidence and witnesses on the claimant's behalf, and cross-examine witnesses who appear at the hearing. The State may present evidence and witnesses in rebuttal and in defense of its claim to the property and cross-examine witnesses who appear at the hearing. The State has the initial burden of showing by a preponderance of the evidence that the claimant's interest in the property is subject to forfeiture. On such a showing by the State, the claimant has the burden of showing by a preponderance of the evidence that the claimant's interest in the property is not subject to forfeiture.


(11) In the event a claim and bond has not been filed in substantial compliance with this section, or if the attorney general, with sole discretion, determines that remission or mitigation is not warranted, the attorney general shall order forfeited all property seized for forfeiture. In the event the attorney general, with sole discretion, determines that remission or mitigation is warranted, the attorney general shall notify the seizing agency and the prosecuting attorney and order the release of the seizure for forfeiture on the property or on any specified interest in it. There shall be no appeal from the attorney general's decision or order of forfeiture or remission or mitigation.


(12) Administrative proceedings and the adoption of rules under this section are exempt from the requirements of chapter 91, the Hawaii administrative procedure act, and are adjudicatory functions for the purposes of applicable sections of the Hawaii Revised Statutes.


CREDIT(S)


Laws 1988, ch. 260, § 1; Laws 1991, ch. 166, § 5; Laws 1994, ch. 178, § 4; Laws 1996, ch. 104, § 3.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-11

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

§ 712A-11. Judicial forfeiture proceedings; general


(1) In any judicial or administrative proceeding pursuant to this chapter, the court, on application of the State, may enter any restraining order or injunction, require the execution of satisfactory performance bonds, create receiverships, appoint conservators, appraisers, accountants or trustees, or take any other action to seize, secure, maintain, or preserve the availability of property subject to forfeiture under this chapter, including a warrant for its seizure, whether before or after the filing of a petition for forfeiture, complaint, or indictment.


(2) If property is seized for forfeiture without a seizure warrant, a prior judicial order of forfeiture, or a hearing pursuant to section 712A-13, a court, on an application filed by an owner or interest-holder within fifteen days after notice of its seizure for forfeiture or actual knowledge of it, whichever is earlier, and complying with the requirements for claims in section 712A-12, may issue an order to show cause to the seizing agency, with thirty days' notice to the prosecuting attorney, for a hearing on the issue of whether probable cause for forfeiture of the applicant's interest then exists, provided that, the order to show cause shall be set aside upon the filing of a petition for either administrative or judicial forfeiture prior to the hearing, in which event forfeiture proceedings shall be in accordance with this chapter.


(3) There shall be a rebuttable presumption that any property of a person is subject to forfeiture under this chapter if the State establishes, by the standard of proof applicable to that proceeding, all of the following:


(a) That the person has engaged in criminal conduct for which property is subject to forfeiture;


(b) That the property was acquired by the person during the period of the criminal conduct or within a reasonable time after that period; and


(c) That there was no likely source for the property other than the criminal conduct giving rise to forfeiture.


(4) A finding that property is the proceeds of criminal conduct giving rise to forfeiture does not require proof that the property is the proceeds [of] any particular exchange or transaction.


(5) A defendant convicted in any criminal proceeding shall be precluded from subsequently denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding pursuant to this chapter. For the purposes of this chapter, a conviction may result from a verdict or plea, including a no contest plea, or deferred acceptance of guilty plea, or no contest plea.


(6) An acquittal or dismissal in a criminal proceeding shall not preclude civil proceedings under this chapter.


(7) In any judicial forfeiture proceeding pursuant to this chapter, if a defense is based on an exemption provided for in this chapter, the burden of proving the existence of the exemption is on the claimant or party raising the defense, and it is not necessary to negate the exemption in any petition, application, complaint, or indictment.


(8) For good cause shown, on motion by the prosecuting attorney, the court may stay discovery against the State in civil forfeiture proceedings prior to trial on a criminal complaint or indictment arising from the same conduct and against a claimant who is a defendant in the criminal proceeding after making provision to prevent loss to any party resulting from the delay. The stay provided by this subsection shall not be available pending appeal of any order or judgment in the criminal proceeding.


(9) The court shall receive and consider, at any hearing held pursuant to this chapter, except the hearing on claims pursuant to sections 712A-12(4) through (8) and 712A-13(7), evidence and information which would be admissible under the rules of penal procedure relating to preliminary hearings.


(10) All property, including all interest in such property, declared forfeited under this chapter vests in this State on the commission of the act or omission giving rise to forfeiture under this chapter together with the proceeds of the property after the act or omission. Any property or proceeds transferred to any person after the act or omission are subject to forfeiture and thereafter shall be ordered forfeited unless the transferee claims and establishes in a hearing pursuant to this chapter the showings set out in section 712A-5(2).


CREDIT(S)


Laws 1988, ch. 260, § 1; Laws 1991, ch. 166, § 6.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-12

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

§ 712A-12. Judicial in rem forfeiture proceedings


(1) If a forfeiture is authorized by law, it shall be ordered by a court on an action in rem brought by the prosecuting attorney on a verified petition for forfeiture filed in the criminal or civil division of the circuit court.


(2) A civil in rem action may be brought in addition to or in lieu of the civil and criminal in personam forfeiture procedures set forth in sections 712A-13 and 712A-14 or the administrative forfeiture as set forth in section 712A-10. Judicial in rem forfeiture proceedings are in the nature of an action in rem and are governed by the rules of civil procedure whether brought in the criminal or civil division of the circuit court, unless a different procedure is provided by law.


(3) On the filing of a civil in rem action by the State in circuit court the clerk of the court in which the action is filed shall give, and the attorney for the State may give, notice of the filing of the action in the manner provided by section 712A-8 unless the files of the clerk of the court reflect that notice has previously been given.


(4) An owner of or interest-holder in the property may file a claim against the property, within thirty days after the notice, for a hearing to adjudicate the validity of the claimed interest in the property. The hearing shall be held by the court without a jury.


(5) The claim shall be signed by the claimant and sworn on oath before a notary public and shall set forth all the following:


(a) The name of the claimant;


(b) The address at which the claimant will accept future mailings from the court or the prosecuting attorney;


(c) The nature and extent of the claimant's interest in the property;


(d) The time, transferor and circumstances of the claimant's acquisition of the interest in the property;


(e) The specific provisions of this chapter relied on in asserting that the property seized for forfeiture is not subject to forfeiture;


(f) Facts supporting each assertion that the property is not subject to forfeiture;


(g) Any additional facts supporting the claimant's claim; and


(h) The precise relief sought.


Copies of the claim shall be mailed to the seizing agency and to the prosecuting attorney. One extension of thirty days for filing of the claim may be granted upon a written request demonstrating good cause provided that the request is received within the thirty-day period for filing of a claim.


(6) The hearing on the claim, to the extent practicable and consistent with the interest of justice, shall be held within sixty days after the filing of the petition. The court may consolidate the hearing on the claim with a hearing on any other claim concerning the same property.


(7) At the hearing, the claimant may testify, present evidence and witnesses on the claimant's behalf, and cross-examine witnesses who appear at the hearing. The State may present evidence and witnesses in rebuttal and in defense of its claim to the property and cross-examine witnesses who appear at the hearing.


(8) The State has the initial burden of showing by a preponderance of the evidence that the claimant's interest in the property is subject to forfeiture. On such a showing by the State, the claimant has the burden of showing by a preponderance of the evidence that the claimant's interest in the property is not subject to forfeiture.


(9) In accordance with its findings at the hearing, the court shall order an interest in property returned or conveyed to the claimant, if any, who has established by a preponderance of the evidence that the claimant's interest is not subject to forfeiture. The court shall order all other property, including all interests in the property, forfeited to the State and proceed pursuant to sections 712A-15 and 712A-16.


CREDIT(S)


Laws 1988, ch. 260, § 1; Laws 1991, ch. 166, § 7; Laws 1996, ch. 104, § 4.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-13

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

§ 712A-13. Judicial in personam forfeiture proceedings


(1) If a forfeiture is authorized by law, it shall be ordered by a court on a petition for forfeiture filed by the prosecuting attorney in an in personam civil or criminal action. In any civil in personam action brought under this section, the owner or interest-holder may testify, present evidence and witnesses on the owner or interest-holder's behalf, and cross-examine witnesses who appear at the hearing. The State may present evidence and witnesses in rebuttal and in defense of its claim to the property and cross-examine witnesses who appear at the hearing. The State has the initial burden of showing by a preponderance of the evidence that the owner or interest-holder's interest in the property is subject to forfeiture. On such a showing by the State, the owner or interest-holder has the burden of showing by a preponderance of the evidence that the owner or interest-holder's interest in the property is not subject to forfeiture.


(2) In any proceeding pursuant to this section, the court, on application of the prosecuting attorney, may enter any order authorized by section 712A-11 or take any other action to seize, secure, maintain or preserve the availability of property subject to forfeiture under this chapter, including a warrant for its seizure, whether before or after the filing of a petition for forfeiture, complaint, or indictment.


(3) A temporary restraining order under this section may be entered on petition of the State without notice or an opportunity for a hearing if the State demonstrates that:


(a) There is probable cause to believe that the property with respect to which the order is sought would, in the event of final judgment or conviction, be subject to forfeiture; and


(b) Provision of notice will jeopardize the availability of the property subject to forfeiture.


A temporary restraining order expires within ten days after the date on which it is entered unless the party against whom it is entered consents to an extension for a longer period or unless after commencing a hearing the court enters or is considering a preliminary injunction.


(4) Notice of the issuance of the temporary restraining order and an opportunity for a hearing shall be afforded to persons known to have an interest in the property. The hearing, however, is limited to the issues required to be demonstrated in subsection 3(a) and (b) of this section.


(5) A hearing requested by any owner or interest-holder concerning a temporary restraining order entered under this section shall be held at the earliest practicable time and before the expiration of a temporary order.


(6) On a determination of liability or the conviction of a person for conduct giving rise to forfeiture under this title, the court shall enter a judgment of forfeiture of the property described in the petition for forfeiture, and shall also authorize the prosecuting attorney or attorney general, their agents or any other law enforcement officer to seize all property ordered forfeited that was not previously seized or is not then under seizure. Following the entry of an order declaring the property forfeited, the court, on application of the State, may enter any order authorized by section 712A-11 or take any other action to protect the interest of the State or a political subdivision in the property ordered forfeited. The filing of the order of forfeiture in the appropriate public records perfects the interest of the State in the property described in the order as of the date that a notice of pending forfeiture or racketeering lien was first filed in the records, which entitles the State to all rights of a secured party as to that property in addition to any other rights or remedies of the State in relation to the property. Any income accruing to, or derived from, an enterprise or any interest in an enterprise or other property interest that is forfeited under this chapter is also forfeited from the time of the conduct giving rise to forfeiture. Such income may be used pending procedures subsequent to a verdict or finding of liability to offset ordinary and necessary expenses of the enterprise or property as required by law or that are necessary to protect the interests of the State or a political subdivision.


(7) Procedures subsequent to the verdict or finding of liability and order of forfeiture shall be as follows:


(a) Following the entry of an order of forfeiture, the clerk of the court shall give notice of pending forfeiture to owners and interest-holders who have not previously been given notice, if any, in the manner provided in section 712A-8;


(b) Any owner or interest-holder, other than a party or a defendant in the underlying in personam action, asserting an interest in property that has been ordered forfeited pursuant to such action, within thirty days after initial notice of pending forfeiture or after notice under paragraph (a) of this subsection, whichever is earlier, may file a claim as described in section 712A-12(5), in the court for a hearing to adjudicate the validity of the person's claimed interest in the property;


(c) The hearing on the claim, to the extent practicable and consistent with the interest of justice, shall be held within sixty days after the order of forfeiture. The court may consolidate the hearing on the claim with a hearing on any other claim filed by a person other than a party or defendant in the underlying action and concerning the same property;


(d) The hearing shall be conducted in the manner provided for in rem judicial forfeiture actions including the provisions of section 712A-12(7) and (8). In addition to testimony and evidence presented at the hearing, the court shall consider the relevant portions of the record of the underlying civil or criminal action that resulted in the order of forfeiture; and


(e) In accordance with its findings at the hearing, the court may amend the order of forfeiture if it determines that any claimant has established by a preponderance of the evidence that the claimant has a legal interest in the property, and the claimant's interest is property designated as not subject to forfeiture by section 712A-5.


(8) Except as provided in section 712A-11(2) and subsection (7)(b) of this section, a person claiming an interest in property subject to forfeiture under this section may not:


(a) Intervene in a trial or an appeal of a criminal or in personam civil case involving the forfeiture of such property; or


(b) Commence or maintain any action against the State concerning the validity of the alleged interest other than as provided in this chapter.


(9) In order to facilitate the identification or location of property declared forfeited and to facilitate the disposition of filed or subsequent claims pursuant to this section the court, on application of the State, may order that the testimony of any witness relating to the property forfeited or alleged to be subject to forfeiture be taken by deposition and that any designated book, paper, document, record, recording, electronic or otherwise, or other material which is not privileged be produced at the same time and place and in the same manner as that provided for the taking of depositions under the rules of civil procedure.


CREDIT(S)


Laws 1988, ch. 260, § 1; Laws 1996, ch. 104, § 5.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-14

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

[§ 712A-14]. Supplemental remedies


(1) The court shall order the forfeiture of any other property of an in personam civil or criminal defendant up to the value of the subject property if any of the property subject to forfeiture:


(a) Cannot be located;


(b) Has been transferred or conveyed to, sold to, or deposited with a third party;


(c) Has been placed beyond the jurisdiction of the court;


(d) Has been substantially diminished in value by any act or omission of a defendant, or a defendant's agent or assignee; or


(e) Has been commingled with other property which cannot be divided without difficulty.


(2) In addition to any other remedy provided for by law, if property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a racketeering lien notice or provision of notice of pending forfeiture or after the filing and notice of a civil proceeding or criminal proceeding alleging forfeiture under this chapter, whichever is earlier, the State or seizing agency, on behalf of the State, may institute an action in circuit court against the person named in the racketeering lien or notice of pending forfeiture or the defendant in the civil proceeding or criminal proceeding, and the court shall enter final judgment against the person named in the racketeering lien or notice of pending forfeiture or the defendant in the civil proceeding or criminal proceeding in an amount equal to the fair market value of the property, together with reasonable investigative expenses and attorney fees. If a civil proceeding is pending, such action shall be filed only in the court where the civil proceeding is pending.


(3) This section does not limit the right of the State to obtain any order or injunction, receivership, writ, attachment, garnishment, or other remedy authorized under this chapter or appropriate to protect the interests of the State or available under other applicable law.


CREDIT(S)


Laws 1988, ch. 260, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-15

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

[§ 712A-15]. Disposition of claims by court


(1) Following the court's disposition of all claims filed under this chapter, or if no such claims are filed, following the expiration of the period provided in this chapter for the filing of such claims, the State has clear title to property that is the subject of the in rem or in personam petition and the court shall so order. Title to the forfeited property and its proceeds is deemed to have vested in the State on the commission of the act or omission giving rise to the forfeiture.


(2) The court, on motion of the prosecuting attorney, may release or convey forfeited personal property to an interest-holder who has satisfied both the prosecuting attorney and the court that all of the following are true:


(a) The interest-holder has an interest which was acquired in the regular course of business as a financial institution and which is not subject to forfeiture pursuant to section 712A-5;


(b) The amount of the interest-holder's encumbrance and the fair market value of the property are readily determinable and both amounts have been reasonably established by proof made available by the attorney for the State to the court;


(c) There are no encumbrances on the property other than encumbrances held by the interest-holder seeking possession; and


(d) The interest-holder has satisfied the State's interest by tendering the fair market value of the property and the expenses of its sale or disposal by the interest-holder.


(3) Upon order of the court forfeiting the subject property the attorney general may transfer good and sufficient title to any subsequent purchaser or transferee, and the title shall be recognized by all courts, by this State, and by all departments and agencies of this State and any political subdivision thereof.


(4) Upon entry of judgment for a claimant or claimants in any proceeding to forfeit property under this chapter such property or interest in property shall be returned or conveyed to the claimant or claimants designated by the court. If it appears that there was reasonable cause for the seizure for forfeiture or the filing of the complaint, the court shall cause a finding to be entered, and the claimant is not, in such case, entitled to costs or damages. Nor, in such case, is the person or seizing agency, or its agents, who made the seizure, or the prosecuting attorney or the attorney general liable to suit or judgment on account of such seizure, suit, or prosecution.


(5) The court shall order any claimant who fails to establish that the claimant's entire interest is exempt from forfeiture under section 712A-5 to pay the costs of any claimant who establishes that the entire interest is exempt from forfeiture under section 712A-5, and the State's costs and expenses of the investigation and prosecution of the matter, including reasonable attorney fees.


CREDIT(S)


Laws 1988, ch. 260, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-16

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

§ 712A-16. Disposition of property forfeited


(1) All property forfeited to the State under this chapter shall be transferred to the attorney general who:


(a) May transfer property, other than currency, which shall be distributed in accordance with subsection (2) to any local or state government entity, municipality, or law enforcement agency within the State;


(b) May sell forfeited property to the public by public sale; provided that for leasehold real property:


(i) The attorney general shall first offer the holder of the immediate reversionary interest the right to acquire the leasehold interest and any improvements built or paid for by the lessee for the then fair market value of the leasehold interest and improvements. The holder of the immediate reversionary interest shall have thirty days after receiving written notice within which to accept or reject the offer in writing; provided that the offer shall be deemed to be rejected if the holder of the immediate reversionary interest has not communicated acceptance to the attorney general within the thirty-day period. The holder of the immediate reversionary interest shall have thirty days after acceptance to tender to the attorney general the purchase price for the leasehold interest and any improvements, upon which tender the leasehold interest and improvements shall be conveyed to the holder of the immediate reversionary interest.


(ii) If the holder of the immediate reversionary interest fails to exercise the right of first refusal provided in subparagraph (i), the attorney general may proceed to sell the leasehold interest and any improvements by public sale.


(iii) Any dispute between the attorney general and the holder of the immediate reversionary interest as to the fair market value of the leasehold interest and improvements shall be settled by arbitration pursuant to chapter 658A;


(c) May sell or destroy all raw materials, products, and equipment of any kind used or intended for use in manufacturing, compounding, or processing a controlled substance or any untaxed cigarettes in violation of chapter 245;


(d) May compromise and pay valid claims against property forfeited pursuant to this chapter; or


(e) May make any other disposition of forfeited property authorized by law.


(2) All forfeited property and the sale proceeds thereof, up to a maximum of three million dollars per year, not previously transferred pursuant to [subsection] (1)(a) of this section, shall, after payment of expenses of administration and sale, be distributed as follows:


(a) One quarter shall be distributed to the unit or units of state or local government [whose] officers or employees conducted the investigation and caused the arrest of the person whose property was forfeited or seizure of the property for forfeiture;


(b) One quarter shall be distributed to the prosecuting attorney who instituted the action producing the forfeiture; and


(c) One half shall be deposited into the criminal forfeiture fund established by this chapter.


(3) Property and money distributed to units of state and local government shall be used for law enforcement purposes, and shall complement but not supplant the funds regularly appropriated for such purposes.


(4) There is established in the department of the attorney general a revolving fund to be known as the criminal forfeiture fund, hereinafter referred to as the “fund” in which shall be deposited one-half of the proceeds of a forfeiture and any penalties paid pursuant to section 712A-10(6). All moneys in the fund shall be expended by the attorney general and are hereby appropriated for the following purposes:


(a) The payment of any expenses necessary to seize, detain, appraise, inventory, safeguard, maintain, advertise, or sell property seized, detained, or forfeited pursuant to this chapter or of any other necessary expenses incident to the seizure, detention, or forfeiture of such property and such contract services and payments to reimburse any federal, state, or county agency for any expenditures made to perform the foregoing functions;


(b) The payment of awards for information or assistance leading to a civil or criminal proceeding;


(c) The payment of supplemental sums to state and county agencies for law enforcement purposes;


(d) The payment of expenses arising in connection with programs for training and education of law enforcement officers; and


(e) The payment of expenses arising in connection with enforcement pursuant to the drug nuisance abatement unit in the department of the attorney general.


(5) The attorney general may, without regard to the requirements of chapter 91, promulgate rules and regulations concerning the disposition of property, the use of the fund, and compromising and paying valid claims against property forfeited pursuant to this chapter.


(6) Not less than twenty days prior to the convening of each regular session, the attorney general shall provide to the legislature a report on the use of the Hawaii omnibus criminal forfeiture act during the fiscal year preceding the legislative session. The report shall include:


(a) The total amount and type of property seized by law enforcement agencies;


(b) The total number of administrative and judicial actions filed by prosecuting attorneys and the disposition thereof;


(c) The total number of claims or petitions for remission or mitigation filed in administrative actions and the dispositions thereof;


(d) The total amount and type of property forfeited and the sale proceeds thereof;


(e) The total amount and type of property distributed to units of state and local government;


(f) The amount of money deposited into the criminal forfeiture fund; and


(g) The amount of money expended by the attorney general from the criminal forfeiture fund under subsection (5) and the reason for the expenditures.


CREDIT(S)


Laws 1988, ch. 260, § 1; Laws 1990, ch. 197, § 2; Laws 1991, ch. 166, § 8; Laws 1992, ch. 112, § 2; Laws 2000, ch. 249, §§ 12, 20(2); Laws 2001, ch. 265, § 4; Laws 2002, ch. 16, § 31; Laws 2002, ch. 94, § 3; Laws 2003, ch. 63, § 2.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-17

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

[§ 712A-17]. Limitation of actions


Notwithstanding any other provision of law, forfeiture proceedings under this chapter may be commenced at any time within the period in which a criminal proceeding may be instituted for a covered offense pursuant to section 701-108.


CREDIT(S)


Laws 1988, ch. 260, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-18

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

[§ 712A-18]. Victim restitution


Nothing herein precludes a court from ordering restitution or reparation to a victim by the defendant as part of a sentence imposed for a violation of a covered offense. The State shall not be compelled to provide funds for victim restitution or reparation under this chapter.


CREDIT(S)


Laws 1988, ch. 260, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-19

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

[§ 712A-19]. Construction


It is the intent of the legislature that this chapter be liberally construed so as to effect the purposes of this chapter.


CREDIT(S)


Laws 1988, ch. 260, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 712A-20

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 712A. Forfeiture (Refs & Annos)

[§ 712A-20]. Short title


This chapter may be cited as the “Hawaii omnibus criminal forfeiture act.”


CREDIT(S)


Laws 1988, ch. 260, § 1.


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.


HRS § 713-1300

West's Hawai‘i Revised Statutes Annotated Currentness

Division 5. Crimes and Criminal Proceedings

Title 37. Hawaii Penal Code

Chapter 713. Repeal and Recodification Provisions

§ 713-1300. Repeal and recodification [omitted as functus]


Current with amendments through Act 5 of the 2013 Regular Session. For research tips related to newly added material, see Scope.