reglab/housing_qa huggingface dataset:
HI Rev Stat § 708-833.5 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-833.5 Shoplifting.

  §708-833.5 Shoplifting. A person convicted of committing theft by means of shoplifting as defined in section 708-830 shall be sentenced to the following minimum fines:  (1) In cases involving a class C felony, the minimum fine shall be four times the value or aggregate value of the property involved;  (2) In cases involving a misdemeanor, the minimum fine shall be three times the value or aggregate value of the property involved;  (3) In cases involving a petty misdemeanor, the minimum fine shall be twice the value or aggregate value of the property involved;  (4) If a person has previously been convicted of committing theft by means of shoplifting as defined in section 708-830, the minimum fine shall be doubled that specified in paragraphs (1), (2), and (3), respectively, as set forth above; provided in the event the convicted person defaults in payment of any fine, and the default was not contumacious, the court may sentence the person to community services as authorized by section 706-605(1)(d). [L 1979, c 202, §2; am L 1982, c 233, §1; am L 1986, c 314, §67; am L 2016, c 231, §40] Cross References  Civil liability for shoplifting, see §663A-2.  Unauthorized removal of shopping carts, see §633-16. COMMENTARY ON §708-833.5  Act 202, Session Laws 1979, established this section to provide minimum mandatory fines for shoplifting offenses, but has retained the alternative of paying fines through court ordered public service work. The legislature believed the public service work alternative preferable to the establishment of a "debtor's prison". Conference Committee Report No. 72.  Act 233, Session Laws 1982, doubled the fines on persons who repeatedly shoplift.  Act 314, Session Laws 1986, increased the dollar amounts of the property involved in the offense of shoplifting. With the increase, the dollar amounts will more accurately reflect current property values and consequently the offense will warrant the level of culpability intended when it was originally drafted. Senate Standing Committee Report No. 820-86.  Act 231, Session Laws 2016, amended this section to implement recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015).
HI Rev Stat § 708-835 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-835 Proof of theft offense. §708-835 Commentary:

  §708-835 Proof of theft offense. A charge of an offense of theft in any degree may be proved by evidence that it was committed in any manner that would be theft under section 708-830, notwithstanding the specification of a different manner in the indictment, information, or other charge, subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise. [L 1972, c 9, pt of §1] COMMENTARY ON §708-835  As outlined in the commentary on §708-830, one of the principal reasons for the consolidation of various related common-law and statutory offenses under the single theft statute is to eliminate pointless procedural obstacles in prosecution. The possibility of quashing a theft indictment because of variance would substantially pervert the virtue of simplicity which such consolidation seeks to achieve. Subject only to the court's power to ensure a fair trial (e.g., to ensure that the accused has adequate time and information to prepare a defense), any charge of theft may be proved by demonstration, beyond a reasonable doubt, that the accused's actions came within the definition of one of the subsections of §708-830.1 Case Notes  The law does not permit the conviction of a defendant of two counts of theft for, first, having obtained or taken an item of property and, second, for having disposed of or sold the same item of property; the taking and/or selling of one item of property is only one theft. 93 H. 22 (App.), 995 P.2d 323 (2000). __________  §708-835 Commentary: 1. See generally, M.P.C., Tentative Draft No. 1, Appendix A at 101-109 (1953).
HI Rev Stat § 708-835.4 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-835.4 Unauthorized operation of a recording device in a motion picture theater.

 §708-835.4 Unauthorized operation of a recording device in a motion picture theater. (1) A person commits the offense of unauthorized operation of a recording device in a motion picture theater if the person knowingly operates the audiovisual recording function of any device in a motion picture theater while a motion picture is being exhibited, without the consent of the motion picture theater owner.  (2) This section shall not prevent any lawfully authorized investigative, protective, law enforcement, or intelligence-gathering employee or agent of the local, state, or federal government, from operating any audiovisual recording device in a motion picture theater as part of lawfully authorized investigative, protective, law enforcement, or intelligence-gathering activities.  (3) Unauthorized operation of a recording device in a motion picture theater is a misdemeanor.  (4) For the purposes of this section:  "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology.  "Motion picture theater" means a movie theater, screening room, or other venue in use primarily for the exhibition of a motion picture at the time of the offense. [L 2005, c 59, §1] COMMENTARY ON §708-835.4  Act 59, Session Laws 2005, created the misdemeanor offense of unauthorized operation of a recording device in a motion picture theater. An exception is made for legitimate uses of audiovisual recording devices for a lawfully authorized investigative, protective, law enforcement, or intelligence-gathering employee or agent of the local, state, or federal government. The legislature found that movie piracy through unauthorized audiovisual recordings made in movie theaters has resulted in losses to the motion picture industry, including actors, producers, and distributors of motion pictures. Illicitly copied movies are illegally duplicated, packaged, and distributed across the country and abroad, further aggravating industry losses. Conference Committee Report No. 71, House Standing Committee Report No. 827.
HI Rev Stat § 708-835.5 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-835.5 Theft of livestock.

  §708-835.5 Theft of livestock. (1) A person commits the offense of theft of livestock if the person commits theft by:  (a) Having in the person's possession a live animal of the bovine, equine, swine, sheep, or goat species, or its carcass or meat, while in or upon premises that the person knowingly entered or remained unlawfully in or upon, and that are fenced or enclosed in a manner designed to exclude intruders; or  (b) Having in the person's possession a live animal, carcass, or meat in any other location.  (2) Possession of livestock without a livestock ownership and movement certificate, when a certificate is required pursuant to section 142-49, is prima facie evidence that the livestock is or has been stolen.  (3) Theft of livestock is a class C felony.  (4) A person convicted of committing the offense of theft of livestock shall be sentenced in accordance with chapter 706, except that for a first offense the court shall impose a minimum sentence of a fine of at least $1,000 or restitution, whichever is greater. [L 1990, c 28, §1; am L 2005, c 182, §4; am L 2006, c 230, §39] COMMENTARY ON §708-835.5  Act 28, Session Laws 1990, added this section to specify the minimum sentences for this class C felony. House Standing Committee Report No. 78-90.  Act 182, Session Laws 2005, amended this section by establishing that possession of livestock without a livestock ownership and movement certificate is prima facie evidence that the livestock is or has been stolen. Act 182 addressed the problem of agricultural theft in Hawaii by amending various provisions of Hawaii's theft laws relating to agricultural livestock and products. Conference Committee Report No. 77, Senate Standing Committee Report No. 1359.  Act 230, Session Laws 2006, amended subsection (1) by adding goats to the types of live animal or meat, the theft of which constitutes theft of livestock. House Standing Committee Report No. 665-06.
HI Rev Stat § 708-835.6 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-835.6 Telemarketing fraud.

  §708-835.6 Telemarketing fraud. (1) A person commits the offense of telemarketing fraud if, with intent to defraud or misrepresent, that person obtains or attempts to obtain the transfer of possession, control, or ownership of the property of another through communications conducted at least in part by telephone and involving direct or implied claims that the person contacted:  (a) Will or is about to receive anything of value; or  (b) May be able to recover any losses suffered by the person contacted in connection with a prize promotion.  (2) Telemarketing fraud is a class B felony. In addition, any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit telemarketing fraud, or that facilitated or assisted this activity, shall be forfeited subject to chapter 712A.  (3) For purposes of this section, "telemarketing" means a plan, program, or campaign, including a prize promotion or investment opportunity, that:  (a) Is conducted to include the purchase of goods or services or to solicit funds or contributions by use of one or more telephones; and  (b) Involves more than one telephone call. [L 2001, c 277, §1] COMMENTARY ON §708-835.6  Act 277, Session Laws 2001, added this section to create a criminal offense of telemarketing fraud, involving use at least in part of a telephone and direct or implied claims of receiving anything of value or of recovering losses from a prize promotion. Act 277 also provides for forfeiture of property used in the commission of the crime.  The legislature found telemarketing fraud to be one of the fastest growing forms of fraud in the United States. Telemarketers often target older citizens, knowing many of them have significant assets from a lifetime of saving. Act 277 is part of a larger effort to combat this serious crime and to protect consumers from unscrupulous practices. Act 277 allows Hawaii to increase its efforts and provide greater protection to its citizens from unscrupulous telemarketing practices. Senate Standing Committee Report No. 809, House Standing Committee Report No. 1128.
HI Rev Stat § 708-835.7 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-835.7 Theft of copper.

  §708-835.7 Theft of copper. (1) A person commits the offense of theft of copper if the person commits theft of copper that weighs a pound or more, but not including legal tender of the United States.  (2) Theft of copper is a class C felony. [L 2007, c 197, § §2, 7; am L 2009, c 44, §1] Cross References  Scrap dealer requirements, see chapter 445, pt X. COMMENTARY ON §708-835.7  Act 197, Session Laws 2007, established theft of copper as a felony offense, to deter the theft of copper. The offense applies to copper weighing a pound or more. Act 197 has a sunset date of July 1, 2009. Conference Committee Report No. 70.  Act 44, Session Laws 2009, made permanent the offense of theft of copper, as well as the documentation requirements for the sale of copper to scrap metal dealers and related penalties. The legislature found that the prohibitions, record-keeping requirements, and penalties in the current law had proven effective at deterring the theft of copper and should be made permanent. Senate Standing Committee Report No. 1240.
HI Rev Stat § 708-835.8 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-835.8 Theft of beer keg.

  §708-835.8 Theft of beer keg. (1) A person commits the offense of theft of beer keg if the person commits theft of a beer keg.  (2) For the purposes of this section, "beer keg" means a metal container used to hold five gallons or more of liquid that is stamped, engraved, stenciled, or otherwise marked with the name of a brewery manufacturer; provided that a deposit beverage container, as defined under section 342G-101, shall not be considered a beer keg.  (3) Theft of beer keg is a misdemeanor. [L 2008, c 53, § §1, 6; am L 2009, c 44, §2] Cross References  Scrap dealer requirements, see chapter 445, pt X. COMMENTARY ON §708-835.8  Act 53, Session Laws 2008, added this section, establishing the misdemeanor offense of theft of a beer keg. Metal beer kegs were being stolen at escalating rates, largely because they can be redeemed for fast cash at scrap dealerships. House Standing Committee Report Nos. 1113-08 and 1671-08.  Act 44, Session Laws 2009, made permanent the prohibition against stealing beer kegs and the documentation requirements for scrap metal dealers. The legislature found that the prohibitions, record-keeping requirements, and penalties in the current law had proven effective at deterring the theft of beer kegs and should be made permanent. Senate Standing Committee Report No. 1240.
HI Rev Stat § 708-835.9 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-835.9 Theft of urn.

 §708-835.9 Theft of urn. (1) A person commits the offense of theft of urn if the person:  (a) Obtains an urn through any means described in section 708-830; or  (b) Violates section 445-233 in regard to an urn.  (2) For the purposes of this section, "urn" means a container that is or has been used to hold human ashes.  (3) Theft of urn is a class C felony. [L 2016, c 199, §1] Cross References  Scrap dealer requirements, see chapter 445, part X. COMMENTARY ON §708-835.9  Act 199, Session Laws 2016, added this section, establishing the offense of theft of an urn, which includes obtaining an urn through any means described under the offense of theft under §708-830 or violating the statement requirements of scrap dealers under §445-233, as a class C felony. The legislature found that Act 199 would help to prevent persons from stealing urns from cemeteries, especially for the metal redemption value of the urns. Senate Standing Committee Report No. 3463, Conference Committee Report No. 60-16.
HI Rev Stat § 708-835.55 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-835.55 Theft; agricultural product; sentencing.

  §708-835.55 Theft; agricultural product; sentencing. (1) Whenever a person is sentenced under sections 708-830.5, 708-831, 708-832, or 708-833, for an offense involving theft of an agricultural product or commodity, in addition to any penalty prescribed by those sections, the person shall be required to make payment to the property owner for:  (a) The value of the stolen agricultural product or commodity, pursuant to section 706-646; and  (b) The cost of replanting the agricultural product or commodity.  (2) For purposes of this section, "agricultural product or commodity" includes:  (a) Floricultural, horticultural, viticultural, aquacultural, forestry products or commodities; and  (b) Shrubbery, nuts, coffee, seeds, and other farm or plantation products or commodities, whether for personal or commercial use. [L 2012, c 125, §1] COMMENTARY ON §708-835.55  Act 125, Session Laws 2012, added this section, requiring persons sentenced for theft in the first, second, third, or fourth degree for an offense involving theft of an agricultural product or commodity to pay restitution to the victim in an amount equal to the value of what was stolen and the cost of replanting. The legislature found that agricultural theft continues to be a significant problem in the State and has resulted in millions of dollars in losses for the agricultural industry. The legislature further found that existing laws were not stringent enough to deter potential thieves. Act 125 would allow prosecutors to develop stronger cases against thieves of agricultural products and commodities. Senate Standing Committee Report No. 2289, Senate Standing Committee Report No. 3322.
HI Rev Stat § 708-836.1 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-836.1 Unauthorized control of a propelled vehicle in the second degree.

  §708-836.1 Unauthorized control of a propelled vehicle in the second degree. (1) A person commits the offense of unauthorized control of a propelled vehicle in the second degree if the person recklessly or negligently exerts unauthorized control over another's propelled vehicle by operating the propelled vehicle without the owner's consent or by changing the identity of the propelled vehicle without the owner's consent.  (2) It is an affirmative defense to a prosecution under this section that the defendant:  (a) Received authorization to use the propelled vehicle from an agent of the owner where the agent had actual or apparent authority to authorize use; or  (b) Is a lien holder or legal owner of the propelled vehicle, or an authorized agent of the lien holder or legal owner, engaged in the lawful repossession of the propelled vehicle.  (3) For the purposes of this section:  "Owner" means the registered owner of the propelled vehicle or the unrecorded owner of the propelled vehicle pending transfer of ownership; provided that if there is no registered owner of the propelled vehicle or unrecorded owner of the propelled vehicle pending transfer of ownership, "owner" means the legal owner.  "Propelled vehicle" shall have the same meaning as in section 708-836.  (4) Unauthorized control of a propelled vehicle in the second degree is a misdemeanor. [L 2021, c 6, §2] COMMENTARY ON §708-836.1  Act 6, Session Laws 2021, added this section to establish the offense of unauthorized control of a propelled vehicle in the second degree. The legislature found that there were a number of statutory provisions enacted to address the high number of vehicle thefts in the State, especially on the island of Oahu. Frequently, a stolen vehicle is recovered during the commission of a crime or after it has been used to commit other crimes. The legislature found that court rulings on prior law aimed at punishing or deterring the theft of propelled vehicles required the prosecution to prove that a defendant knew the propelled vehicle was stolen. This could be difficult to prove and had hindered efforts to prosecute persons operating stolen vehicles. The legislature further found that Act 6 would provide law enforcement with the flexibility to prosecute persons who recklessly or negligently exert unauthorized control of another's propelled vehicle by operating the vehicle without the owner's consent or by changing the identity of the vehicle without the owner's consent. House Standing Committee Report No. 765, Senate Standing Committee Report No. 1206.
HI Rev Stat § 708-836.5 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-836.5 Unauthorized entry into motor vehicle in the first degree.

  §708-836.5 Unauthorized entry into motor vehicle in the first degree. (1) A person commits the offense of unauthorized entry into motor vehicle in the first degree if the person intentionally or knowingly enters or remains unlawfully in a motor vehicle, without being invited, licensed, or otherwise authorized to enter or remain within the vehicle, with the intent to commit a crime against a person or against property rights.  (2) Unauthorized entry into motor vehicle in the first degree is a class C felony. [L 1996, c 87, §2; am L 2006, c 230, §40] Cross References  Interference with the operator of a public transit vehicle, see §711-1112. COMMENTARY ON §708-836.5  Act 87, Session Laws 1996, added this section to the Penal Code and made the offense of unauthorized entry into motor vehicle a class C felony due to the increased number of car thefts in the State. Senate Standing Committee Report No. 2598.  Act 230, Session Laws 2006, amended this section to create the offense of unauthorized entry into motor vehicle in the first degree. Case Notes  Appellant asserted that appellant's conviction for unauthorized entry into a motor vehicle was improper because applicable federal statutes governed, thereby precluding this statute from being assimilated into federal law; affirmed. 392 F.3d 1050 (2004).  Specifying the particular crime intended to be committed is not an essential element which must be alleged in order to charge the crime of unauthorized entry into motor vehicle. 97 H. 492, 40 P.3d 894 (2002).  For the purposes of this section, "entry" is defined as the least intrusion into a motor vehicle with the whole physical body, with any part of the body, or with any instrument appurtenant to the body introduced for the purpose of committing a crime against a person or against property rights. 100 H. 383, 60 P.3d 333 (2002).
HI Rev Stat § 708-836.6 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-836.6 Unauthorized entry into motor vehicle in the second degree.

  §708-836.6 Unauthorized entry into motor vehicle in the second degree. (1) A person commits the offense of unauthorized entry into a motor vehicle in the second degree if the person intentionally or knowingly enters into a motor vehicle without being invited, licensed, or otherwise authorized to do so.  (2) Unauthorized entry into a motor vehicle in the second degree is a misdemeanor. [L 2006, c 230, §3] COMMENTARY ON §708-836.6  Act 230, Session Laws 2006, added the misdemeanor crime of unauthorized entry into motor vehicle in the second degree. House Standing Committee Report No. 665-06.
HI Rev Stat § 708-837 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-837 Failure to return a rental motor vehicle; penalty.

  §708-837 Failure to return a rental motor vehicle; penalty. [(1)] A person commits the offense of failure to return a rental motor vehicle when he intentionally does not return the motor vehicle to the person, or his agent, from whom the vehicle was rented within forty-eight hours after the time stated on the rental agreement, unless the person renting the vehicle gives notice that he will not be able to return the vehicle in the stated time and extends the time in which the vehicle will be returned.  [(2)] Failure to return a rental motor vehicle is a misdemeanor. [L 1973, c 63, §1] COMMENTARY ON §708-837  This section was added by Act 63, Session Laws 1973, "to provide an incentive to a person who rents a motor vehicle to return it to its lawful owner." House Standing Committee Report No. 821.  The Committee Report further states that "rental agencies have been plagued for a number of years with overdue and abandoned vehicles. Presently, there is no legal means available to compel a person to return the vehicle when it is overdue. This proposed bill would make it a misdemeanor if a person intentionally fails to return a rental motor vehicle." Case Notes  Where police stopped defendant's rental car after they had received a report from the car's owner that the car was overdue, police had reasonable suspicion to stop the car, even if the report turned out to be mistaken due to its timing, because the police were acting on a police report from the car's owner, whose honesty had not been questioned. 241 F.3d 1124 (2001).  Mentioned: 86 H. 207, 948 P.2d 1048 (1997).