Haw. Rev. Stat. § 706-605.6 — HI Code / Division 5 / Title 37 / Chapter 706 / Section 706-605.6
Assault against a sports official.
Status: in_force

(1) If a person is convicted of the offense of:

(a) Assault in the first degree, as provided by section 707-710;

(b) Assault in the second degree, as provided by section 707-711(1)(a), (b), (d), or (n);

(c) Assault in the third degree, as provided by section 707-712;

(d) Terroristic threatening in the first degree, as provided by section 707-716(a), (e), or (f); or

(e) Terroristic threatening in the second degree, as provided by section 707-717; and

the victim of the offense is a sports official engaged in the lawful discharge of the sports official's duties, the court may order, in the court's discretion, that the defendant, in addition to any other punishment imposed pursuant to chapter 706, be enjoined from attending any sports event of the type at which the sports official was engaged in the lawful discharge of the sports official's duties for a period of up to twelve months from the date of sentencing for a first offense, and for life for a second or subsequent offense.

(2) For the purposes of this section:

"Lawful discharge of the sports official's duty" means the performance of duties of a sports official from the time the sports official arrives at the venue of a sports event and ending when the sports official returns to their residence or business.

"Sports event" means any organized amateur or professional athletic contest in the State.

"Sports official" means a person at a sports event who enforces the rules of the event, such as an umpire, referee, timer, or scorer, or a person who supervises the participants, such as a coach, regardless of whether the person is paid or provides their services as an unpaid volunteer. [L 2020, c 58, §1; am L 2023, c 140, §1]

COMMENTARY ON §706-605.6

Act 58, Session Laws 2020, established this section to authorize courts to enjoin a defendant convicted of certain assault or terroristic threatening offenses from attending sports events of the type at which the victim was engaged in the lawful discharge of the victim's duties as a sports official during the commission of the offense. The legislature found that unruly spectators and fans were a contributing factor to a shortage of sports officials in Hawaii, particularly in cases involving threats of bodily harm or assault. The legislature further found that Act 58 would deter these kinds of threats and assaults against sports officials. House Standing Committee Report No. 1253-20.

Act 140, Session Laws 2023, amended this section to authorize a court to enjoin someone who intentionally or knowingly causes bodily injury to a sports official from attending any sports event of the type at which the sports official was engaged in the lawful discharge of the sports official's duties. The legislature found that Act 140 would afford protection within the justice system for threats and bodily harm to sports officials when spectators and fans are uncontrollable and allow for athletes to continue to have a positive athletic experience. The legislature further found that there was a shortage of sports officials and, although there were several factors responsible for this shortage, harassment by unruly spectators and fans was a major contributing factor, especially when threats to cause bodily harm and other more serious assaultive conduct are made. Senate Standing Committee Report No. 1259, House Standing Committee Report No. 801.
Haw. Rev. Stat. § 712A-7 — HI Code / Division 5 / Title 37 / Chapter 712A / Section 712A-7
Powers and duties of law enforcement officers and agencies.
Status: in_force

(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. [L 1988, c 260, pt of §1, §7; am L 1990, c 197, §1; am L 1991, c 166, §2; am L 1993, c 196, §1; am L 1996, c 104, §6]
Haw. Rev. Stat. § 706-648 — HI Code / Division 5 / Title 37 / Chapter 706 / Section 706-648
Probation services fee.
Status: in_force

(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 pursuant to section 706-651.

(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. [L 2000, c 205, pt of §2; am L 2001, c 55, §29; am L 2004, c 78, §2; am L 2012, c 295, §1; am L 2016, c 231, §26; am L Sp 2021, c 9, §43]
Haw. Rev. Stat. § 706-641 — HI Code / Division 5 / Title 37 / Chapter 706 / Section 706-641
Criteria for imposing fines.
Status: in_force

(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. [L 1972, c 9, pt of §1; am L 1986, c 314, §34]

COMMENTARY ON §706-641

This section states the general position of the Code against the routine imposition of fines where other types of disposition are authorized. Even in the case of violations, where only a fine or suspended sentence is authorized, the fine imposed should be measured in terms of the defendant's ability to pay and in terms of the defendant's ability to make compensation to the victims, if any, of the defendant's offense.

Where other types of disposition are available, the court should not impose only a fine unless the court makes a determination that "a fine alone suffices for the protection of the public."

More is required of the court in order to impose both imprisonment and a fine or probation and a fine upon a defendant. The court is authorized by subsection (2) to impose such a sentence only if the defendant derived pecuniary gain from the crime or the court is of the opinion that a fine (in addition to imprisonment or probation) will serve either a correctional or deterrent function.

Subsection (3)(a) seeks to eliminate fines which the defendant cannot pay. Incarceration should not result from mere inability to pay an imposed fine. Contumacious non-payment is quite another thing and is handled in subsequent sections. Subsection (3)(b) seeks to prevent the imposition of a fine which would interfere with restitution or reparation to the victim.

Subsection (4) instructs the court to consider the defendant's financial resources with respect to the fine's amount and its method of payment (lump sum or installment payments).

The Code differs from prior law in that it ends the possibility of imprisonment for noncontumacious failure to make payment.[1] It also supplies legislative guidelines previously absent from the law.
Haw. Rev. Stat. § 706-622 — HI Code / Division 5 / Title 37 / Chapter 706 / Section 706-622
Requirement of probation; exception.
Status: in_force

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.

COMMENTARY ON §706-622

Once the decision has been made to withhold a sentence of imprisonment, some criteria must be stated for choosing between suspending sentence and sentencing the defendant to probation. The Code favors placing the defendant on probation if the defendant needs "the supervision, guidance, assistance, or direction that the probation service can provide." In the case of defendants convicted of serious crimes, probation will be the usual sentence (if imprisonment is withheld). For those defendants convicted of minor crimes (especially first offenders), a suspended sentence may suffice.
Haw. Rev. Stat. § 702-232 — HI Code / Division 5 / Title 37 / Chapter 702 / Section 702-232
Military orders.
Status: in_force

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.

COMMENTARY ON §702-232

This section provides an affirmative defense in the narrow case where a defendant engages in conduct because ordered to do so by the defendant's superior in the armed services. The defense obtains only when the defendant did not know the conduct to be unlawful.
Haw. Rev. Stat. § 708-831 — HI Code / Division 5 / Title 37 / Chapter 708 / Section 708-831
Theft in the second degree.
Status: in_force

(1) A person commits the offense of theft in the second degree if the person commits theft of:

(a) Property from the person of another;

(b) Property or services the value of which exceeds $750;

(c) 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) 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 where 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 premises, a crop is visible. The sign or signs, containing letters no less than two inches in height, shall be placed along the boundary line of the land in a manner and in such a 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;

(e) 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 "agricultural commodities" has the same meaning as in section 145-21;

(f) Property commonly used to store items of monetary value, including but not limited to any purse, handbag, or wallet;

(g) Property or services, the value of which exceeds $250, from a person who is sixty years of age or older and the age of the property owner is known or reasonably should be known to the person who commits theft; or

(h) An electric gun as defined in section 134-81.

(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. [L 1972, c 9, pt of §1 and c 102, §1; am L 1974, c 201, §1; am L 1975, c 158, §1; am L 1979, c 106, §6; am L 1981, c 68, §1; am L 1986, c 314, §64; am L 1987, c 176, §2; am L 1990, c 28, §3; am L 1992, c 54, §2 and c 289, §2; am L 1993, c 218, §3; am L 1998, c 228, §1; am L 2005, c 182, §3; am L 2006, c 156, §6; am L 2012, c 125, §6; am L 2016, c 231, §37; am L 2021, c 5, §2 and c 147, §5; am L 2022, c 52, §2]
Haw. Rev. Stat. § 702-212 — HI Code / Division 5 / Title 37 / Chapter 702 / Section 702-212
When state of mind requirements are inapplicable to violations and to crimes defined by statutes other than this Code.
Status: in_force

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. [L 1972, c 9, pt of §1]

COMMENTARY ON §702-212

This section provides for those instances when the culpability provisions of §§702-204 and 207 through 211 are not applicable.

Subsection (1) provides that the requirements of culpability are not generally applicable to violations. (Violations are the lowest grade of penal offenses and for which conviction can only result, according to §701-107 and chapter 706 in a fine, forfeiture or other "civil" penalty.) An exception is made in two cases: (1) for violations which by definition require culpable commission; and (2) for violations with respect to which a legislative purpose to impose one or more culpability requirements plainly appears. Subsection (1) applies whether the violation is defined in the Penal Code or in some other Title.

The assumption is that, with respect to violations, if culpable commission is required, the relevant state of mind will be stated in the definition of the violation whether the offense appears in the Penal Code or in some other statute. If the law is silent, the court must make an affirmative determination that the application of state of mind requirements with respect to the violation is within the legislature's purpose. In the absence of such a determination the liability is absolute or strict.

Subsection (2) provides for an extremely limited situation. The Code takes the general position that absolute or strict liability in the penal law is indefensible in principle if conviction results in the possibility of imprisonment and condemnation. Therefore, within the immediate context of the Penal Code, criminal liability must be based on culpability. However, it is recognized that the scope of the Penal Code is finite. In other codes or Titles penal statutes exist which prima facie impose absolute criminal liability.[1] Subsection (2) allows for the imposition of such criminal liability in the case of crimes defined by statutes other than the Penal Code--when and only when--"a legislative purpose to impose absolute liability for such offense or with respect to any element thereof plainly appears." "That such a purpose should not be discerned lightly by the courts seems very clear."[2] Often regulatory penal statutes are absolute on their face when it is doubtful that absolute criminal liability was intended.[3] The limited recognition which subsection (2) affords absolute criminal liability is more of a limitation than a recognition, and within the context of the Penal Code this limitation is as far as the Code can wisely go in imposing its standards on the spectrum of penal regulations.

Prior Hawaii law recognized absolute criminal liability.[4] The effect of subsection (1) is to withdraw the criminal sanction (imprisonment or its equivalent) when liability is imposed absolutely within the Penal Code. Subsection (2) severely limits the situations which will allow the imposition of absolute criminal liability by statutes outside of the Penal Code.
Haw. Rev. Stat. § 710-1019 — HI Code / Division 5 / Title 37 / Chapter 710 / Section 710-1019
Destroying or defacing official notices; penalty.
Status: in_force

(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." [L 1991, c 223, §1]

Revision Note

Subsections redesignated pursuant to §23G-15.

COMMENTARY ON §710-1019

Act 223, Session Laws 1991, added this section which provides a penalty for destroying or defacing official notices. The legislature felt that a protected notice should contain a statement that the destruction, removal or defacement of an official notice is prohibited by law, in order to make it clear to the public the importance of the document. Conference Committee Report No. 46.
Haw. Rev. Stat. § 710-1064 — HI Code / Division 5 / Title 37 / Chapter 710 / Section 710-1064
Retraction.
Status: in_force

(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. [L 1972, c 9, pt of §1; gen ch 1993]

COMMENTARY ON §710-1064
Haw. Rev. Stat. § 712-1243 — HI Code / Division 5 / Title 37 / Chapter 712 / Section 712-1243
Promoting a dangerous drug in the third degree.
Status: in_force

(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. [L 1972, c 9, pt of §1; am L 1975, c 163, §6(e); gen ch 1993; am L 1996, c 308, §4; am L 2002, c 161, §8; am L 2004, c 44, §7]
Haw. Rev. Stat. § 711-1109.4 — HI Code / Division 5 / Title 37 / Chapter 711 / Section 711-1109.4
Causing injury or death to a service animal or law enforcement animal.
Status: in_force

(1) A person commits the offense of causing injury or death to a service animal or law enforcement animal if:

(a) The person recklessly causes substantial bodily injury to or the death of any service animal or law enforcement animal while the service animal or law enforcement animal 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 animal or law enforcement animal while the service animal or law enforcement animal is in the discharge of its duties, resulting in the substantial bodily injury or death of the service animal or law enforcement animal.

(2) Subsection (1) 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 and permitted by law.

(3) Any person who commits the offense of causing injury or death to a service animal or law enforcement animal shall be guilty of a class C felony.

(4) In addition to any other penalties, any person who is convicted of a violation of this section shall be ordered to make restitution to:

(a) The owner of the service animal or law enforcement animal for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the service animal or law enforcement animal; and

(b) The person, entity, or organization that incurs the cost of retraining or replacing the service animal or law enforcement animal for the cost of retraining or replacing the service animal or law enforcement animal if it is disabled or killed.

(5) As used in this section "service animal" shall have the same meaning as in section 347-2.5. [L 2002, c 259, pt of §1; am L 2011, c 175, §9; am L 2013, c 205, §2; am L 2018, c 217, §9]
Haw. Rev. Stat. § 711-1123 — HI Code / Division 5 / Title 37 / Chapter 711 / Section 711-1123
[ §711-1123] Misuse of uncrewed aircraft in the third degree.
Status: in_force

[ §711-1123] Misuse of uncrewed aircraft in the third degree. (1) A person commits the offense of misuse of uncrewed aircraft in the third degree if the person intentionally, knowingly, or recklessly:

(a) Removes, obliterates, alters, or tampers with the identification or registration number of an uncrewed aircraft;

(b) Operates an uncrewed aircraft and thereby obstructs, impairs, or hinders the performance of a police officer, deputy sheriff, or fire department personnel acting under color of their official authority;

(c) Operates an uncrewed aircraft and thereby causes bodily injury to another person;

(d) Operates an uncrewed aircraft and thereby damages the property of another, without the other's consent, in an amount exceeding $750;

(e) Operates an uncrewed aircraft while under the influence of an intoxicant;

(f) Operates an uncrewed aircraft after the person's license, certificate, or privilege to operate an uncrewed aircraft has been revoked, suspended, or otherwise restricted by the issuing governmental authority; or

(g) Uses an uncrewed aircraft in furtherance of the commission of a felony.

(2) Misuse of uncrewed aircraft in the third degree is a class C felony.

(3) This section shall not apply to any police officer, deputy sheriff, adult corrections officer, correctional worker, or fire department personnel acting within the course and scope of their duties, or to any other person acting under the authority of, or pursuant to a contract with, the United States or a state or county government, or any department or agency of the United States or a state or county government.

(4) For purposes of this subsection:

"Bodily injury" has the same meaning as in section 707-700.

"Intoxicant" has the same meaning as in section 291E-1.

"Under the influence" has the same meaning as in section 291E-1; provided that the term "uncrewed aircraft" shall be substituted for the term "vehicle" as used therein. [L 2024, c 161, pt of §1]
Haw. Rev. Stat. § 708-842 — HI Code / Division 5 / Title 37 / Chapter 708 / Section 708-842
Robbery; "in the course of committing a theft".
Status: in_force

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.

COMMENTARY ON §708-842

The nature and operation of this section is concisely explained by the Model Penal Code:

This provision is unusual only insofar as it makes classification of robbery depend in part on behavior after the theft might be said to have been accomplished. The thief's willingness to use force against those who would restrain him in flight strongly suggests that he would have employed it to effect the theft had there been need for it. No rule-of-thumb is proposed to delimit the time and space of "flight," which should be interpreted in accordance with the rationale. The concept of "fresh pursuit" will be helpful in suggesting realistic bounds between the occasion of the theft and a later occasion when the escaped thief is apprehended.[1]
Haw. Rev. Stat. § 712-1249.4 — HI Code / Division 5 / Title 37 / Chapter 712 / Section 712-1249.4
Commercial promotion of marijuana in the first degree.
Status: in_force

(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;

(b) Distributes marijuana having an aggregate weight of five pounds or more;

(c) Possesses, cultivates, or has under the person's control one hundred or more marijuana plants;

(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. [L 1989, c 384, §1]

Revision Note

In subsection (1)(a), (b), (c), "or" deleted pursuant to §23G-15.
Haw. Rev. Stat. § 710-1017 — HI Code / Division 5 / Title 37 / Chapter 710 / Section 710-1017
Tampering with a government record.
Status: in_force

(1) A person commits the offense of tampering with a government record if:

(a) The person, acting knowingly, falsely makes a purported government record, or falsely completes or alters, or falsely makes an entry in, a government record or a true copy thereof;

(b) The person knowingly presents or uses a government record or a purported 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;

(c) The person knowingly records, registers, or files, or offers for recordation, registration, or filing, in a governmental office or agency, a statement, document, or record, in written, printed, or electronic form, 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" means all 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. [L 1972, c 9, pt of §1; am L 1991, c 145, §2; gen ch 1993; am L 2014, c 33, §5]

Revision Note

In subsection (1)(a) and (b), "or" deleted pursuant to §23G-15.

COMMENTARY ON §710-1017

This section is intended to penalize conduct which undermines confidence in the accuracy of public records. The accuracy of public records is essential to efficient public administration and, beyond the immediate context of public administration, the government has an interest in protecting public confidence in its records.

This section does not require that the misuse of the public record be with intent to defraud another, i.e., to injure an interest which has value, as do the sections on forgery. Nor does this section require that the information made part of the public record, or offered for recordation, registration, or filing, be under oath or sworn to, as do the sections on perjury and related offenses. Those offenses, however, do complement the offense of tampering with public records, but they deal directly, and in a more precise context, with the aggravated circumstances presented.

This section is also addressed to the problem of access to public records. Obviously, acts of destruction and concealment impair the efficiency of public administration. Subsection (1)(d)(i) is intended primarily to cover acts of destruction, concealment, or impairment by individuals vis-a-vis the government, whereas subsection (1)(d)(ii) is intended primarily to cover the situation where a public servant refuses to surrender records to another public servant when the public servant has the duty to do so. Both clauses of this subsection are, however, worded broadly in order to cover acts of destruction, concealment, or retention outside their areas of immediate concern.

Subsection (2) is intended to be inclusive and to cover not only records traditionally considered "public" but also information kept for the benefit of the government, such as medical prescription records.
Haw. Rev. Stat. § 706-649 — HI Code / Division 5 / Title 37 / Chapter 706 / Section 706-649
REPEALED.
Status: in_force

L Sp 2021, c 9, §44.
Haw. Rev. Stat. § 706-608 — HI Code / Division 5 / Title 37 / Chapter 706 / Section 706-608
Penalties against corporations and unincorporated associations; forfeiture of corporate charter or revocation of certificate authorizing foreign corpo
Status: reserved

(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], 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. [L 1972, c 9, pt of §1; am L 1986, c 314, §18]

COMMENTARY ON §706-608

Subsection (1) provides for the ordinary disposition in cases of convicted corporations and unincorporated associations, i.e., suspended sentence or fine.

Subsection (2) provides for further sanctions in cases of corporate crime; dissolution of the corporate entity in the case of domestic corporations and revocation of a foreign corporation's right to do business within the State. Such sanctions are obviously severe and should be reserved for cases involving (1) intentional and persistent misconduct, and (2) a need for public protection which cannot be otherwise met. However, "persistent misconduct need not be restricted to prior convictions of the corporation or its agents for criminal offenses."[1]

The concentration of corporate wealth would tend to indicate that sanctions involving merely a fine may not be sufficient. However, although the Code authorizes forfeiture of the corporate charter and revocation of a foreign corporation's right to do business in the State, these sanctions are not automatic upon conviction or even a finding of persistent misconduct. Here, as in other areas, the Code provides a flexible approach by vesting discretion in the court.

Subsection (3) provides that involuntary dissolution in a penal case shall follow procedures authorized by law for involuntary dissolution in a civil context.

Unlike the Model Penal Code, which provides for institution of separate proceedings for forfeiture or revocation, this Code authorizes the sentencing court to decree forfeiture of a domestic corporate charter or revocation of a certificate of foreign corporation authorized to do business in this State. Unlike many jurisdictions in the United States, which the Model Penal Code was drafted to accommodate, criminal cases in Hawaii are not handled by courts of limited jurisdiction. The criminal calendar is rotated annually and neither lack of judicial expertise nor lack of judicial power would suggest that in Hawaii forfeiture or revocation should be handled by a separate court.

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§706-608 Commentary:

1. M.P.C., Tentative Draft No. 4, comments at 203 (1955).
Haw. Rev. Stat. § 702-230 — HI Code / Division 5 / Title 37 / Chapter 702 / Section 702-230
Intoxication; self-induced; not self-induced; pathological; affirmative defense.
Status: in_force

[Repeal and reenactment on July 1, 2034. L 2024, c 243, §4.] (1) Self-induced intoxication is prohibited as a defense to any offense, except as specifically provided in this section.

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

(a) Not self-induced intoxication; or

(b) Pathological intoxication,

is an affirmative defense if by reason of the intoxication, the defendant at the time of the defendant's conduct lacks substantial capacity to engage in the alleged conduct, to have the state of mind sufficient to establish an element of the offense, to appreciate the wrongfulness of the defendant's conduct, or to conform the defendant's conduct to the requirements of law.

(5) As used in this section:

"Intoxication" means a disturbance of mental or physical capacities resulting from the introduction of substances into the body.

"Lacks substantial capacity" means capacity that has been impaired to such a degree that only an extremely limited amount remains.

"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 that results from a physical abnormality of the defendant.

"Self-induced intoxication" means intoxication caused by substances that 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 the substances pursuant to medical advice or under circumstances that would afford a defense to a charge of a penal offense. [L 1972, c 9, pt of §1; am L 1986, c 325, §2; gen ch 1993; am L 2015, c 35, §21; am L 2024, c 243, §1]

Revision Note

In subsection (5), paragraph designations deleted and definitions rearranged pursuant to §23G-15.
Haw. Rev. Stat. § 708-827 — HI Code / Division 5 / Title 37 / Chapter 708 / Section 708-827
Criminal tampering in the second degree.
Status: in_force

(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. [L 1972, c 9, pt of §1; gen ch 1993; am L 1996, c 256, §3]

COMMENTARY ON §§708-825 TO 708-827

The offenses of criminal tampering are addressed to two significant problems. (1) Harm may result from meddling with, but not damaging, property which provides a service, thus altering the availability of the service. For example an electrical switch could be turned and the flow of electrical power curtailed. (2) Slight damage to property which provides a service would not, in many cases, if handled solely as an offense of criminal property damage under §§708-820 through 823, reflect the magnitude of social harm involved.

Section 708-826 provides misdemeanor liability for the most aggravated form of tampering: intentional interference with a public utility defined in §708-825(2) to include a common carrier or an institution providing health or safety services for the purpose and with the result of causing substantial interruption or impairment of service furnished by the utility or institution.

A petty misdemeanor offense is provided by §708-827 where the circumstances are less aggravated. Under subsection (1)(a) the definition requires that the actor intend to cause substantial inconvenience; however, the offense is inchoate in the sense that the actor need not be successful. Moreover, the inconvenience need not be aimed at more than one person, and the property tampered with need not be that of a utility or institution providing protected services. Under subsection (1)(b) liability is imposed for tampering with a public utility without its consent. Actual interference with the operation of the utility need not be shown.
Haw. Rev. Stat. § 712-1222.5 — HI Code / Division 5 / Title 37 / Chapter 712 / Section 712-1222.5
Promoting gambling aboard ships.
Status: in_force

(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.

(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. [L 1990, c 196, §1; am L 1992, c 57, §2; gen ch 1992]

Revision Note

In subsection (2), paragraph designations deleted and after the definition of "craft" "and" deleted and punctuation changed pursuant to §23G-15.
Haw. Rev. Stat. § 706-631 — HI Code / Division 5 / Title 37 / Chapter 706 / Section 706-631
Probation is a final judgment for other purposes.
Status: in_force

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.

COMMENTARY ON §706-631

This section is addressed to the question of finality inherent in every disposition involving suspension of sentence or sentence to probation. As §§706-625 and 628 indicate, the conditions of suspension or probation may be modified or the disposition itself may be revoked. These features of suspension or probation are, of course, necessary in order that the sentencing authority can maintain control over the disposition. However, merely because the sentencing court maintains some continuing flexibility with respect to the disposition, the conviction and disposition should not be regarded as lacking finality for other purposes such as constituting a judgment for purposes of appeal and a prior conviction for purposes of extended imprisonment.

This section, therefore, provides that a suspension of sentence or sentence to probation shall be deemed tentative to the extent provided in chapter 706, but for all other purposes such disposition shall constitute a final judgment.
Haw. Rev. Stat. § 704-410.5 — HI Code / Division 5 / Title 37 / Chapter 704 / Section 704-410.5
Conditional release; duration limited in nonfelony cases.
Status: in_force

For any defendant granted conditional release in a nonfelony case pursuant to section 704-411(1)(b), 704-412, 704-414, or 704-415, the period of conditional release shall not exceed one year.

COMMENTARY ON §704-410.5

Act 231, Session Laws 2016, added this section to implement recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015).
Haw. Rev. Stat. § 711-1102 — HI Code / Division 5 / Title 37 / Chapter 711 / Section 711-1102
Failure to disperse.
Status: in_force

(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. [L 1972, c 9, pt of §1; gen ch 1993; am L 2001, c 91, §4]

COMMENTARY ON §711-1102

This section provides a procedure under which a peace officer can order a group of six or more persons participating in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance, or alarm to disperse. A similar order may be made to others in the immediate vicinity. Failure to obey such an order is a misdemeanor. The offense is thus an aggravated form of disorderly conduct which does not reach the point of riot or unlawful assembly.
Haw. Rev. Stat. § 706-624.5 — HI Code / Division 5 / Title 37 / Chapter 706 / Section 706-624.5
Notice of probation.
Status: in_force

(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. [L 1983, c 184, §2(1); am L 1986, c 314, §26]
Haw. Rev. Stat. § 712-1206 — HI Code / Division 5 / Title 37 / Chapter 712 / Section 712-1206
Loitering for the purpose of engaging in or advancing prostitution.
Status: in_force

(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 that fronts on any of the aforesaid places, or a motor vehicle in or on any such place.

"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.

(2) Any person who remains or wanders about in a public place and repeatedly:

(a) Beckons to, stops, or attempts to stop or engage passers-by in conversation;

(b) Stops or attempts to stop motor vehicles; or

(c) 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:

(a) Beckons to, stops, or attempts to engage passers-by in conversation;

(b) Stops or attempts to stop motor vehicles; or

(c) 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) shall be guilty of a petty misdemeanor.

(4) Notwithstanding this section or any other law to the contrary, a person who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:

(a) Be arrested, charged, prosecuted, or convicted;

(b) Have their property be subject to civil forfeiture; or

(c) Otherwise be penalized,

pursuant to this section if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense. [L 1991, c 275, §1; am L 2025, c 261, §3]

COMMENTARY ON §712-1206

Act 275, Session Laws 1991, prohibits loitering in a public place for the purpose of engaging in or advancing prostitution. This section was created to help protect unwilling victims from repeated harassment, interference and assault by aggressive prostitutes in our public places. Senate Standing Committee Report No. 1050.

Act 261, Session Laws 2025, amended this section to establish safe harbor protections for survivors of sexual exploitation who seek medical or law enforcement assistance. The legislature found that sex trafficking remained a serious issue in the State. Survivors often face significant barriers to seeking help, including fear of prosecution, stigma, and a lack of access to trauma-informed care. The legislature further found that criminalizing survivors only deepens their suffering, creating barriers to seeking help and perpetuating stigma. Accordingly, Act 261 established safe harbor protections to ensure that survivors who seek medical or law enforcement assistance are not criminalized for their exploitation and, instead, are given the opportunity to access support, seek justice, and rebuild their lives. House Standing Committee Report No. 1209, House Standing Committee Report No. 1729.
Haw. Rev. Stat. § 707-784 — HI Code / Division 5 / Title 37 / Chapter 707 / Section 707-784
[ §707-784] Extended terms of imprisonment; labor trafficking offenses.
Status: in_force

[ §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. [L 2011, c 146, pt of §1]
Haw. Rev. Stat. § 708-8253 — HI Code / Division 5 / Title 37 / Chapter 708 / Section 708-8253
Arson in the third degree.
Status: in_force

(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. [L 2006, c 181, pt of §1]
Haw. Rev. Stat. § 706-630 — HI Code / Division 5 / Title 37 / Chapter 706 / Section 706-630
Discharge of defendant.
Status: in_force

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.

COMMENTARY ON §706-630

This section provides that the court may discharge the defendant prior to the termination of the period of suspension or probation and that, if the defendant is not so discharged, no formal discharge is required upon termination of the statutory period of suspension or probation. Upon termination of the statutory period, the defendant is relieved of any further obligation by operation of law. This provision is a continuation of prior Hawaii law.[1]

SUPPLEMENTAL COMMENTARY ON §706-630

Act 269, Session Laws 1998, amended this section to allow victims of crime to enforce a criminal restitution order in the same manner as a civil judgment. Conference Committee Report No. 89.
Haw. Rev. Stat. § 710-1025 — HI Code / Division 5 / Title 37 / Chapter 710 / Section 710-1025
Bail jumping in the second degree.
Status: in_force

(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. [L 1972, c 9, pt of §1; gen ch 1993; am L 2004, c 17, §2]

COMMENTARY ON §§710-1024 AND 710-1025

Unlike the sections dealing with escape, the sanctions for bail jumping are based upon the actor's breaking of a covenant the actor has made with the law. The actor has promised that the actor will appear before a certain court on a certain date. The seriousness of the breach of the covenant is directly proportional to the gravity of the offense for which the actor must answer at the appointed time. Hence, the sanctions are roughly proportional to the gravity of the offense charged: jumping bail for class A, B or C felonies is a class C felony; jumping bail for lesser offenses is a misdemeanor.

Hawaii previously did not have criminal penalties for forfeiture of bail. This is a reflection of the philosophy of a number of jurisdictions that rely too heavily upon the monetary sanction to secure compliance with an order to appear at some future date. Such a philosophy, when coupled with the fee required by professional bail bondsmen, may lead to disproportionately heavy bails being set for relatively poor individuals. The Code espouses a more general use of the criminal sanction for failure to appear, encouraging the release of relatively poor people either on minimal bail or on their own recognizance, and assuring the appearance of the more wealthy people who might otherwise be inclined to forfeit.

SUPPLEMENTAL COMMENTARY ON §§710-1024 AND 710-1025

The Code as adopted by the legislature differs from the Proposed Draft in two respects. In §710-1024, the term "or C" was inserted before the term "felony." Thus, a person commits the offense of bail jumping in the first degree if the person fails to appear in connection with a charge of class A or B or C felony.

In §710-1025, the term "a Class C felony" which was in the Proposed Draft was deleted so that the offense of bail jumping in the second degree is restricted to failure to appear involving charges of a misdemeanor or petty misdemeanor only.

Act 10, Session Laws 1993, amended §710-1024 to clarify that bail jumping in the first degree applies to all felonies, including murder in the first and second degrees and other nondesignated felonies specified in the Hawaii Revised Statutes other than in the Penal Code, rather than only to felonies designated as class A, B, or C. Act 10 also made the language in that section gender neutral. House Standing Committee Report No. 864, Senate Standing Committee Report No. 450.

Act 17, Session Laws 2004, amended §§710-1024 and 710-1025 by lowering the state-of-mind requirement for bail jumping offenses from "intentionally" to "knowingly." The legislature found that the change from "intentionally" to "knowingly" failing to appear may deter individuals from missing their court dates and facilitate convictions for bail jumping. House Standing Committee Report No. 201-04, Senate Standing Committee Report No. 3082.
Haw. Rev. Stat. § 708-852 — HI Code / Division 5 / Title 37 / Chapter 708 / Section 708-852
Forgery in the second degree.
Status: in_force

(1) A person commits the offense of forgery in the second degree if, with intent to defraud, the person:

(a) 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; or

(b) Falsely makes, completes, endorses, or alters a written instrument, or utters a forged instrument; and:

(i) The purported maker or drawer of the written instrument or forged instrument is a person who is sixty years of age or older; and

(ii) The age of purported maker or drawer of the written instrument or forged instrument is known or reasonably should be known to the person who falsely makes, completes, endorses, or alters a written instrument; or utters a forged instrument.

(2) Forgery in the second degree is a class C felony. [L 1972, c 9, pt of §1; am L 1988, c 155, §3; gen ch 1992; am L 1997, c 243, §3; am L 2021, c 147, §7]
Haw. Rev. Stat. § 708-8302 — HI Code / Division 5 / Title 37 / Chapter 708 / Section 708-8302
Unlicensed contractor fraud.
Status: in_force

( 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. [L 2012, c 244, pt of §1]
Haw. Rev. Stat. § 705-524 — HI Code / Division 5 / Title 37 / Chapter 705 / Section 705-524
Venue in criminal conspiracy prosecutions.
Status: in_force

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.

COMMENTARY ON §705-524

Section 705-524 is aimed at affording the defendant constitutional venue protection. The Sixth Amendment to the Federal Constitution provides that in "all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed." However, the use of a conspiracy charge under current, loose definitions of conspiracy dilute this protection. The unilateral approach of the Code, its limited definition and scope of conspiracy, and section 705-524 combine to establish proper venue. As the Model Penal Code commentary points out:

It is contemplated that the stricter tests of a conspiracy's scope advanced in the Draft will considerably limit the present dilution of the constitutional protection. [Section 705-524] explicitly provides that proper venue for a conspiracy charge will be tested by the defendant's agreement or overt act or an overt act of a person with whom he conspired. It assures that in complex cases involving a number of separate conspiracies, venue as to each conspiracy with which each defendant is charged will not be laid on the basis of an overt act done pursuant to a different conspiracy or by a person with whom he did not conspire.[1]

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§705-524 Commentary:

1. M.P.C., Tentative Draft No. 10, comments at 138-39 (1960).
Haw. Rev. Stat. § 712-1256 — HI Code / Division 5 / Title 37 / Chapter 712 / Section 712-1256
Expunging of court records.
Status: in_force

(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. [L 1972, c 9, pt of §1; gen ch 1993]

COMMENTARY ON §§712-1253 TO 712-1256

Section 712-1253 assures that the penalty provisions of this part as well as of chapter 329, HRS will not be in lieu of any civil penalties. This is an addition to the proposed draft.

Section 712-1254 is a double jeopardy provision which represents an addition to the proposed draft.

Section 712-1255 is concerned with the conditional discharge of first offenders. If a first offender is guilty of promoting a dangerous drug in the third degree, or promoting a harmful drug in the second or third degrees, or promoting a detrimental drug in the second or third degrees, or promoting intoxicating compounds, the first offender qualifies for a conditional discharge.

If the defendant is under 20 years old, §712-1256 provides that the court records may be expunged upon application. The Code recognizes that many offenders may be young persons who are otherwise without criminal records. The Code attempts to assure proper sanctions, while at the same time allowing for moderation of punishment and sentencing of first offenders.
Haw. Rev. Stat. § 708-8202 — HI Code / Division 5 / Title 37 / Chapter 708 / Section 708-8202
Telecommunication service fraud in the first degree.
Status: in_force

(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. [L 1987, c 268, pt of §2; am L 1988, c 300, §2; am L 1993, c 120, §2; am L 1996, c 222, §3]
Haw. Rev. Stat. § 702-213 — HI Code / Division 5 / Title 37 / Chapter 702 / Section 702-213
Effect of absolute liability in reducing grade of offense to violation.
Status: in_force

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. [L 1972, c 9, pt of §1]
Haw. Rev. Stat. § 701-103 — HI Code / Division 5 / Title 37 / Chapter 701 / Section 701-103
Purposes of this Code.
Status: repealed

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.

COMMENTARY ON §701-103

This section states the general purposes of the Code which are twofold. First, the Code defines the general principles of the penal law, including those principles relating to liability, justification, responsibility, inchoate behavior, and disposition of convicted defendants. Many of these basic principles are not presently defined in the statutory law and depend, for recognition and development, on decisional law. Secondly, the Code undertakes to codify a major portion of the penal law by defining and codifying the bulk of those specific offenses which constitute harms to social interests which the law in general and this Code in particular seek to protect: i.e., offenses against the person, property rights, the family and incompetents, public administration, public order, and public health and morals. In this respect the purpose of the Code is not different than that of existing law; however, the Code, unlike present law, reflects this purpose in its organization: the definition of offenses in chapters 707 through 712 are arranged according to the social interest offended, rather than in a somewhat alphabetical fashion as was the case in the former Title 38, now repealed.
Haw. Rev. Stat. § 707-787 — HI Code / Division 5 / Title 37 / Chapter 707 / Section 707-787
[ §707-787] Unlawful conduct with respect to documents.
Status: in_force

[ §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 classC felony. [L 2011, c 146, pt of §1]

COMMENTARY ON §§707-780 TO 707-787

Act 146, Session Laws 2011, established, among other things, a class A and class B felony offense for labor trafficking, an offense for nonpayment of wages, and an offense for unlawful conduct with respect to documents. The legislature found that Hawaii is one of only five states without a specific labor trafficking statute, yet labor trafficking has occurred at an unprecedented level in the State. Act 146 sent an unmistakable warning to individuals and entities engaged in labor trafficking and provided a clearer and more structured means for law enforcement agencies to protect and aid trafficking victims. Also, Act 146 would be a catalyst for law enforcement agencies, service providers, and other state agencies and community organizations to engage in needed training and education on labor trafficking. Conference Committee Report No. 77.
Haw. Rev. Stat. § 709-905 — HI Code / Division 5 / Title 37 / Chapter 709 / Section 709-905
Endangering the welfare of an incompetent person.
Status: in_force

(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. [L 1972, c 9, pt of §1]

COMMENTARY ON §709-905

This section seeks to expand the protection which the law affords to incompetents by making it roughly equivalent to that afforded to minors. A child who suffers from a mental or physical disease, disorder, or defect is protected as a child from certain dangers by §§709-902 through 904 which make abandonment, persistent nonsupport, and endangering the welfare of a minor penal offenses. A person who is physically incapacitated or mentally incompetent is afforded protection against sexual assault and abuse by chapter 707, which makes such conduct, as it relates to such persons, an offense. However, in cases not involving sexual activity or not specifically involving minors under §§709-902 through 904, there is, without §709-905, a gap in the coverage of the Code. This gap also existed in prior law.
Haw. Rev. Stat. § 708-830.5 — HI Code / Division 5 / Title 37 / Chapter 708 / Section 708-830.5
Theft in the first degree.
Status: in_force

(1) A person commits the offense of theft in the first degree if the person commits theft of:

(a) Property or services, the value of which exceeds $20,000;

(b) A firearm;

(c) Dynamite or other explosive;

(d) Property or services during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A, within the area covered by the emergency or disaster under chapter 127A, the value of which exceeds $300;

(e) Property from the person of another who is sixty years of age or older and the age of the property owner is known or reasonably should be known to the person who commits theft;

(f) Property or services, the value of which exceeds $750, from a person who is sixty years of age or older and the age of the property owner is known or reasonably should be known to the person who commits theft; or

(g) A motor vehicle or motorcycle as defined in section 291C-1.

(2) Theft in the first degree is a class B felony. [L 1986, c 314, §63; am L 1992, c 289, §1; am L 1993, c 14, §1; am L 2006, c 116, §6; am L 2014, c 111, §20; am L 2021, c 147, §4; am L 2022, c 54, §2]
Haw. Rev. Stat. § 708-8303 — HI Code / Division 5 / Title 37 / Chapter 708 / Section 708-8303
Unlicensed contractor fraud in the first degree.
Status: in_force

(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. [L 2012, c 244, pt of §1]
Haw. Rev. Stat. § 711-1147 — HI Code / Division 5 / Title 37 / Chapter 711 / Section 711-1147
[ §711-1147] Exemption.
Status: in_force

[ §711-1147] Exemption. This part shall not apply to dogs owned by any law enforcement agency and used in the performance of law enforcement work.
Haw. Rev. Stat. § 708-801 — HI Code / Division 5 / Title 37 / Chapter 708 / Section 708-801
Valuation of property or services.
Status: in_force

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. [L 1972, c 9, pt of §1; am L 1987, c 175, §1; am L 1998, c 49, §1; am L 2006, c 230, §34]

COMMENTARY ON §708-801

Section 708-801 provides rules for determining the value of property and the actor's state of mind with respect to the value of the property when these factors are required to be determined by the definitions of substantive offenses. As in the case of statutory definitions, a discussion of the provisions relating to value is found in the commentary on subsequent sections in this chapter.

SUPPLEMENTAL COMMENTARY ON §708-801

Act 175, Session Laws 1987, provided for the valuation of property or services under this section to be the replacement cost only if the property cannot be found, or where the value of the property or services cannot be ascertained. Senate Conference Committee Report No. 72, House Conference Committee Report No. 54.

Act 49, Session Laws 1998, clarified that the valuation of property taken in the commission of a theft should be determined by the value of the property "taken" rather than the value of the property "damaged." The legislature found that under this section, the law provided that valuation amounts were to be determined by the property "damaged" whereas it should logically be determined by the value of the property "taken." The legislature further found that the law needed to be changed to assure that a victim's losses were fairly assessed and adequately compensated. Senate Standing Committee Report No. 3230.

Act 230, Session Laws 2006, amended this section by making technical nonsubstantive amendments.
Haw. Rev. Stat. § 708-874 — HI Code / Division 5 / Title 37 / Chapter 708 / Section 708-874
Misapplication of entrusted property.
Status: in_force

(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. [L 1972, c 9, pt of §1; am L 1976, c 200, pt of §1]

COMMENTARY ON §708-874

This section is intended to discourage both knowing violation of fiduciary obligations and knowing misapplication of property belonging either to the government or to a financial institution. In this context the misapplication is in terms of improper and reckless investment or handling of assets, rather than of outright theft. For purposes of this section, a fiduciary includes any person (including a corporation) acting in a fiduciary capacity for another person, and a person acting in a fiduciary capacity on behalf of a corporation or organization which is itself a fiduciary. The requirement of knowledge extends to the substantial risk of loss or detriment to the owner.

Misapplication in this context is not theft; there is no intent permanently to deprive the owner of the owner's property. Moreover, the actor does not misappropriate funds, unless there is a specific duty to make payment to someone else. The danger envisioned is the risk "that one who administers or controls the property may deliberately depart from the legal rules applicable to his control of the property in question and may gamble with the property at considerable known risk to the safety of the property in question."[1]

Existing law provides that a trust company that violates, neglects, or refuses to comply with statutory requirements relating to trusts, and an officer, manager, director, or employee who knowingly participates in such violation, commits a misdemeanor if it or he, as the case may be, fails to desist from the practice within seven days following notification by the Director of the Department of Regulatory Agencies.[2] The provision is designed to accomplish certain regulatory ends. The Penal Code does not propose to abolish the regulatory provision; it will, however, in aggravated cases, provide for a direct, unconditional penalty. Where (1) the actor acts knowingly (as opposed to negligently), and (2) the violation of a statutory or administrative requirement amounts to a misapplication of entrusted property (as opposed to violating some other requirement related to trust administration), the warning period is eliminated. There is no need for a warning period if criminal liability is not strictly imposed or predicated on negligence.
Haw. Rev. Stat. § 701-100 — HI Code / Division 5 / Title 37 / Chapter 701 / Section 701-100
Title and effective date of amendments.
Status: in_force

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.

COMMENTARY ON §701-100

The purpose of this Code is to codify the major part of Hawaii's penal law. The law has never before been completely codified. Judicial construction has been relied on to supply definitions, defenses, and general principles of penal liability. The statutory law, dating from time long past, uses language which is now obscure or mysterious. Unmeritorious defenses have been allowed because of the law's incompleteness, and some persons have escaped punishment because some new variation of criminal conduct is not defined as a crime. On the other hand, certain acts are defined as crimes which are not considered criminal today by a great majority of the people. This Code corrects these defects in the law, while putting it in a more rational and accessible form.

SUPPLEMENTAL COMMENTARY ON §701-100

Act 314, Session Laws 1986, provided that that Act's amendments to the Code take effect on January 1, 1987. By delaying the effective date of the amendments, the legislature intended to give criminal justice agencies time to determine how the amendments will affect them and to make provisions for the changes. Conference Committee Report No. 51-86.
Haw. Rev. Stat. § 710-1016 — HI Code / Division 5 / Title 37 / Chapter 710 / Section 710-1016
Impersonating a public servant.
Status: in_force

(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. [L 1972, c 9, pt of §1; am L 1984, c 139, §2; am L 2001, c 91, §4]
Haw. Rev. Stat. § 708-872 — HI Code / Division 5 / Title 37 / Chapter 708 / Section 708-872
Falsifying business records.
Status: in_force

(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;

(b) Alters, erases, obliterates, deletes, removes, or destroys a true entry in the business records of an enterprise;

(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) For purposes of this section:

"Business record" means any record kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity.

"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

"Enterprise" means any entity of one or more persons, corporate or otherwise, engaged in business, commercial, professional, industrial, eleemosynary, or social activity.

"Information" includes data, text, images, sounds, codes, computer programs, software, or databases.

"Record" means information that is written or printed, or that is stored in an electronic or other medium and is retrievable in a perceivable form.

(3) Falsifying business records is a misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993; am L 2014, c 33, §1]

COMMENTARY ON §708-872

Inclusion of false information in an otherwise genuine document or record is not covered by the forgery offenses. Moreover, only those private records which are required by law to be kept for the information of the government are protected by the prohibition against tampering with public records.[1] "This leaves a large gap in the case of genuine business records, the content of which has been deliberately falsified or rendered incomplete as a prelude to working a fraud on potential customers. Section [708-872] is intended to close this gap."[2] This section is aimed primarily at conduct preparatory to the commission of fraud, as indicated by the requisite culpability of intent to defraud, and not the protection of the integrity of business records as such.
Haw. Rev. Stat. § 708-895 — HI Code / Division 5 / Title 37 / Chapter 708 / Section 708-895
Jurisdiction.
Status: in_force

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.
Haw. Rev. Stat. § 711-1109.7 — HI Code / Division 5 / Title 37 / Chapter 711 / Section 711-1109.7
Pet animal or equine animal desertion.
Status: in_force

(1) It shall be unlawful for the owner or any person in possession of any pet animal or equine animal to desert the pet animal or equine animal.

(2) Any person who violates subsection (1) shall be guilty of a petty misdemeanor and subject to a fine not exceeding $1,000 in addition to any other penalties.

(3) Any person who violates subsection (1) and recklessly causes the death of or substantial bodily injury to the pet animal or equine animal shall be guilty of a misdemeanor and subject to a fine not exceeding $2,000 in addition to any other penalties.

(4) Each pet animal or equine animal that is deserted in violation of subsection (1) or suffers death or substantial bodily injury as a result of a violation of subsection (1) shall constitute a separate offense.

(5) For the purposes of this section, "desert" means to leave without the intent to return. [L 2016, c 165, §2]

Revision Note

Subsections redesignated pursuant to §23G-15.
Haw. Rev. Stat. § 712-1271.5 — HI Code / Division 5 / Title 37 / Chapter 712 / Section 712-1271.5
Standard of proof.
Status: in_force

Except as may be otherwise expressly provided, the civil causes of action in this part shall be proved by a preponderance of the evidence.
Haw. Rev. Stat. § 712-1246 — HI Code / Division 5 / Title 37 / Chapter 712 / Section 712-1246
Promoting a harmful drug in the third degree.
Status: in_force

(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. [L 1972, c 9, pt of §1; am L 1975, c 163, §6(h); am L 1989, c 163, §5; gen ch 1992]
Haw. Rev. Stat. § 708-8305 — HI Code / Division 5 / Title 37 / Chapter 708 / Section 708-8305
Unlicensed contractor fraud; valuation of property.
Status: in_force

(1) For purposes of unlicensed contractor fraud, the value of the property shall be the greater of:

(a) The value of property as provided in section 708-801; or

(b) 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.

(2) The value of any work done by the unlicensed contractor shall not be used as an offset for the value of the property calculated under this section. [L 2012, c 244, pt of §1; am L 2013, c 26, §1]

COMMENTARY ON §§708-8300 TO 708-8305

Act 244, Session Laws 2012, added these sections to deter unlicensed contracting activity. Specifically, Act 244 added a new part containing these sections to chapter 708 that established: (1) misdemeanor and felony offenses relating to unlicensed contracting activity; (2) felony offenses relating to unlicensed contractor fraud; and (3) a method for valuation of property in unlicensed contractor fraud cases. The legislature found that unlicensed contractors often operate without regard to safety and building requirements, unfairly undercut legitimate and licensed business operations, place consumers at risk, and cost the State millions of dollars in lost tax revenue. The legislature further found that unlicensed contractors often continue to engage in illegal work despite receiving civil penalties. Authorizing the imposition of criminal penalties on unlicensed contractors would help reduce the number of unlicensed contractors performing illegal work, promote legitimate businesses, protect consumers, and enhance state revenues. Senate Standing Committee Report No. 3348, Conference Committee Report No. 59-12.

Act 26, Session Laws 2013, amended §708-8305 to clarify that the value of any work done by an unlicensed contractor shall not be used as an offset in calculating the value of the property in unlicensed contractor fraud cases. Minimum thresholds for the total value of the property over which a person obtains control must be met in order for an act to constitute unlicensed contractor fraud in the first or second degree. By permitting an offset of the value of work illegally performed by an unlicensed contractor, the value of the property was less likely to meet the threshold necessary to constitute the offense. Act 26 made it clear that no offset should be applied when calculating the property value for the offenses. Senate Standing Committee Report No. 456, House Standing Committee Report No. 1410.

Act 182, Session Laws 2013, amended §708-8300(1) by clarifying that a contractor who inadvertently fails to maintain licensing requirements and who subsequently corrects the failure so that there was a lapse of no more than sixty days in licensure shall not be guilty of unlicensed contracting activity. Act 182 was intended to clarify that contractors licensed under chapter 444, who inadvertently failed to renew their licenses should not be treated as unlicensed contractors after the subsequent renewal of their licenses. Act 182 was consistent with existing licensure requirements under chapter 444, by clarifying that a lapse in licensure of no more than sixty days does not constitute unlicensed contracting activity. Senate Standing Committee Report No. 1373.
Haw. Rev. Stat. § 708-825 — HI Code / Division 5 / Title 37 / Chapter 708 / Section 708-825
Criminal tampering; definitions of terms.
Status: in_force

In sections 708-826 and 708-827:

To "tamper with" means to interfere improperly with something, meddle with it, or make unwarranted alterations in its existing condition.

"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. [L 1972, c 9, pt of §1]

Revision Note

Numeric designations deleted and punctuation changed pursuant to §23G-15.
Haw. Rev. Stat. § 706-607 — HI Code / Division 5 / Title 37 / Chapter 706 / Section 706-607
Civil commitment in lieu of prosecution or of sentence.
Status: in_force

(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. [L 1972, c 9, pt of §1]

COMMENTARY ON §706-607

This section extends the concept of involuntary hospitalization in the penal context beyond its classic use in cases of irresponsible defendants.[1] The section does not itself create the authority for the involuntary hospitalization of certain types of offenders, but rather it acknowledges that where the defendant is subject by law to involuntary hospitalization, the court may order the hospitalization in lieu of prosecution or sentence. In the terminology of the Model Penal Code:

This section does not authorize civil commitment in any case but rather pre-supposes that authority for the commitment is otherwise conferred by law. Only in that event is the commitment authorized in lieu of sentence.[2]

The Code allows the court, in its discretion, to order hospitalization in three limited situations: where a person prosecuted for a class C felony or lesser grade of crime is (1) a chronic alcoholic, (2) a narcotic addict, or (3) a person suffering from a mental abnormality not amounting to an excusing condition under chapter 704. The commitment in each case is to a medical institution for rehabilitative treatment.

The section is in accord with the trend of the law favoring medical and para-medical incarceration rather than incarceration which is largely, but not solely, punitive.[3]

It should be noted that the section is not restricted to crimes directly related to the defendant's physical or mental condition. Rather, the court is empowered to order hospitalization, if authorized by civil law, in cases where the crime is only tangentially related to the defendant's abnormality.

...[W]hen the method of subjecting narcotic users to treatment is commitment, it makes small sense to deny that authority if the addict is not guilty of possession merely but has also committed a larceny, for example, to find the means for getting his supply.[4]

The same example might be used in the case of chronic alcoholics.

Subsection (2) provides a statutory guideline for the exercise of judicial discretion. The court should, of course, refrain from ordering civil commitment unless such commitment will substantially further the rehabilitation of the defendant without jeopardizing the protection of the public.

Finally, it should be noted that this section is not a self-executing one. It does not solve the difficult problem of determining in what cases of physical or mental illness or abnormality involuntary hospitalization ought to be authorized. The resolution of that question can only result from a complete reevaluation of the laws authorizing involuntary hospitalization.

__________

§706-607 Commentary:

1. Cf. Chapter 704.

2. M.P.C., Proposed Official Draft 105 (1962).

3. See H.R.S., chapter 334, as amended.

4. M.P.C., Tentative Draft No. 2, comments at 31 (1954).
Haw. Rev. Stat. § 708-836.5 — HI Code / Division 5 / Title 37 / Chapter 708 / Section 708-836.5
Unauthorized entry into motor vehicle in the first degree.
Status: in_force

(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. [L 1996, c 87, §2; am L 2006, c 230, §40]
Haw. Rev. Stat. § 711-1122 — HI Code / Division 5 / Title 37 / Chapter 711 / Section 711-1122
[ §711-1122] Misuse of uncrewed aircraft in the second degree.
Status: in_force

[ §711-1122] Misuse of uncrewed aircraft in the second degree. (1) A person commits the offense of misuse of uncrewed aircraft in the second degree if the person intentionally or knowingly:

(a) Disables any required identification transmission or signaling of an uncrewed aircraft;

(b) Disables or obscures any anti-collision lighting of an uncrewed aircraft or fails to have or illuminate the lighting as required by law or by the rules, regulations, and orders of the Federal Aviation Administration;

(c) Operates an uncrewed aircraft and thereby causes substantial bodily injury to another person; or

(d) Operates an uncrewed aircraft and thereby damages the property of another, without the other's consent, in an amount exceeding $20,000.

(2) Misuse of uncrewed aircraft in the second degree is a class B felony.

(3) This section shall not apply to any police officer, deputy sheriff, adult corrections officer, correctional worker, or fire department personnel acting within the course and scope of their duties, or to any other person acting under the authority of, or pursuant to a contract with, the United States or a state or county government, or any department or agency of the United States or a state or county government.

(4) For purposes of this subsection, "substantial bodily injury" has the same meaning as in section 707-700. [L 2024, c 161, pt of §1]
Haw. Rev. Stat. § 712-1270.5 — HI Code / Division 5 / Title 37 / Chapter 712 / Section 712-1270.5
Injunctions against persons.
Status: in_force

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.
Haw. Rev. Stat. § 708-892 — HI Code / Division 5 / Title 37 / Chapter 708 / Section 708-892
Computer damage in the first degree.
Status: in_force

(1) A person commits the offense of computer damage in the first degree if the person intentionally causes or attempts to cause damage to a computer, computer system, or computer network that manages or controls any critical infrastructure and the damage results in, or in the case of an attempt to cause damage would have resulted in if completed, the substantial impairment of:

(a) The operation of the computer, computer system, or computer network; or

(b) The critical infrastructure managed or controlled by the computer, computer system, or computer network.

(2) Computer damage in the first degree is a class A felony. [L 2001, c 33, pt of §1; am L 2014, c 213, §3]
Haw. Rev. Stat. § 706-605.1 — HI Code / Division 5 / Title 37 / Chapter 706 / Section 706-605.1
Intermediate sanctions; eligibility; criteria and conditions.
Status: in_force

(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 have not been convicted of a non-probationable class A felony.

(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 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; and

(d) 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. [L Sp 1995, c 25, §4; am L Sp 2009, c 4, §2; am L 2016, c 231, §19]
Haw. Rev. Stat. § 704-401 — HI Code / Division 5 / Title 37 / Chapter 704 / Section 704-401
Evidence of physical or mental disease, disorder, or defect admissible when relevant to state of mind.
Status: in_force

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.

COMMENTARY ON §704-401

This section accords to evidence of physical or mental disease, disorder, or defect its full evidentiary significance. It assures "admissibility [of such evidence] co-extensive with its relevancy to prove or disprove a material state of mind."[1] While some jurisdictions have refused to admit medical evidence of the defendant's mental state other than on the issue of the complete foreclosure of defendant's responsibility, this all-or-nothing approach is totally inconsistent with the concept which accords certain states of mind legal significance. Any evidence relevant to prove or disprove the requisite state of mind ought to be admissible.

In its most recent case in this area, Hawaii has adopted the approach taken in this section. In a case involving a charge of murder (which under the previous definition requires malice, premeditation, and deliberation), where the defendant had raised the issues of "insanity" and lack of "malice", evidence of a defendant's mental disease, disorder, or defect was held to be admissible on the issue of the defendant's ability to harbor malice, even if the defendant was considered "sane" and responsible.[2] Furthermore, the defendant was entitled to have the jury specifically instructed on this point.[3]

SUPPLEMENTAL COMMENTARY ON §704-401

Act 230, Session Laws 2006, amended this section by making technical nonsubstantive amendments.

__________

§704-401 Commentary:

1. M.P.C., Tentative Draft No. 4, comments at 193 (1955).

2. State v. Moeller, 50 Haw. 110, 433 P.2d 136 (1967).

3. Id.
Haw. Rev. Stat. § 707-717 — HI Code / Division 5 / Title 37 / Chapter 707 / Section 707-717
Terroristic threatening in the second degree.
Status: in_force

(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. [L 1979, c 184, pt of §1(2); gen ch 1993]