reglab/housing_qa huggingface dataset:
HI Rev Stat § 708-816.5 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-816.5 Entry upon the premises of a facility utilized as a sex, child, or spouse abuse shelter; penalty. [(1)] No person shall knowingly enter or remain unlawfully upon the premises of a facility utilized as a sex abuse, child abuse, or spouse abuse shelter after reasonable warning or request to leave by a member of the facility's staff. [(2)] Violation of this section is a misdemeanor. [L 1993, c 12, §1] COMMENTARY ON §708-816.5 Act 12, Session Laws 1993, added this section to establish the offense of unlawful entry upon the premises of a facility used as a sex, child, or spouse abuse shelter, by making it a misdemeanor for any person to knowingly enter or unlawfully remain upon the premises after reasonable warning or request to leave by a facility staff member. Since the locations of these shelters are often known, individuals seeking shelter and shelter staff are at potential risk from abusers. This section affords a higher level of legal protection for staff and persons who seek refuge from abuse. House Standing Committee Report No. 692, Senate Standing Committee Report No. 1049. Law Journals and Reviews Empowering Battered Women: Changes in Domestic Violence Laws in Hawai €˜i. 17 UH L. Rev. 575 (1995).

  §708-816.5 Entry upon the premises of a facility utilized as a sex, child, or spouse abuse shelter; penalty. [(1)] No person shall knowingly enter or remain unlawfully upon the premises of a facility utilized as a sex abuse, child abuse, or spouse abuse shelter after reasonable warning or request to leave by a member of the facility's staff.  [(2)] Violation of this section is a misdemeanor. [L 1993, c 12, §1] COMMENTARY ON §708-816.5  Act 12, Session Laws 1993, added this section to establish the offense of unlawful entry upon the premises of a facility used as a sex, child, or spouse abuse shelter, by making it a misdemeanor for any person to knowingly enter or unlawfully remain upon the premises after reasonable warning or request to leave by a facility staff member. Since the locations of these shelters are often known, individuals seeking shelter and shelter staff are at potential risk from abusers. This section affords a higher level of legal protection for staff and persons who seek refuge from abuse. House Standing Committee Report No. 692, Senate Standing Committee Report No. 1049. Law Journals and Reviews  Empowering Battered Women: Changes in Domestic Violence Laws in Hawai €˜i. 17 UH L. Rev. 575 (1995).
HI Rev Stat § 708-817 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-817 Burglary of a dwelling during an emergency period.

  §708-817 Burglary of a dwelling during an emergency period. (1) A person commits the offense of burglary of a dwelling if, during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A and within the area covered by the emergency period, the person:  (a) Intentionally enters or remains unlawfully in a dwelling with intent to commit therein a crime against a person or against property rights; and  (b) Recklessly disregards a risk that the building is the dwelling of another, and the building is such a dwelling at the time.  (2) Burglary of a dwelling during an emergency period is a class A felony. [L 2006, c 116, pt of §3, am L 2014, c 111, §17]
HI Rev Stat § 708-818 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-818 Burglary of a building during an emergency period.

  §708-818 Burglary of a building during an emergency period. (1) A person commits the offense of burglary of a building if, during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A and within the area covered by the emergency period, the person intentionally enters or remains unlawfully in a building other than a dwelling with intent to commit therein a crime against a person or against property rights.  (2) Burglary of a building during an emergency period is a class B felony. [L 2006, c 116, pt of §3; am L 2014, c 111, §18] COMMENTARY ON § §708-817 AND 708-818  Act 116, Session Laws 2006, added these sections, classifying burglary of a dwelling during a civil defense emergency or during a period of disaster relief, as a class A felony and of a building during a civil defense emergency or during a period of disaster relief, as a class B felony. Act 116 penalized the commission of certain crimes during a time of a civil defense emergency proclaimed by the governor or during a period of disaster relief. The legislature found that Hurricanes Katrina and Rita created situations that highlighted the prevalence of opportunistic crimes that can occur during these times. When resources are needed to restore law and order, emergency response aid to victims may be hampered or delayed, leaving victims at an increased risk of bodily injury or death. Stronger measures to control law and order may deter looting and other crimes. House Standing Committee Report No. 757-06, Senate Standing Committee Report No. 3302, Conference Committee Report No. 64-06.  Act 111, Session Laws 2014, amended § §708-817 and 708-818. Act 111 updated and recodified Hawaii's emergency management laws to conform with nationwide emergency management practices by, among other things, establishing a Hawaii emergency management agency in the state department of defense with the functions and authority currently held by the state civil defense agency; establishing the power and authority of the director of Hawaii emergency management, who will be the adjutant general, and providing the director with the functions and authority currently held by the director of civil defense; establishing county emergency management agencies, each to be under the respective county mayor's direction, with the functions and authority currently held by the local organizations for civil defense; and repealing the chapters on disaster relief [chapter 127] and the civil defense [and] emergency act [chapter 128], which were determined to be obsolete with the creation of the Hawaii emergency management agency. Conference Committee Report No. 129-14.
HI Rev Stat § 708-820 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-820 Criminal property damage in the first degree.

Cross References Arson, see pt XIII.  Special sentencing considerations for arson; other actions not prohibited, see §706-606.2.  §708-820 Criminal property damage in the first degree. (1) A person commits the offense of criminal property damage in the first degree if by means other than fire:  (a) The person intentionally or knowingly damages property and thereby recklessly places another person in danger of death or bodily injury;  (b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $20,000;  (c) The person intentionally or knowingly damages the property of another during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A, within the area covered by the emergency or disaster; or  (d) The person intentionally or knowingly damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $1,500. In calculating the amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production.  (2) Criminal property damage in the first degree is a class B felony. [L 1972, c 9, pt of §1; gen ch 1993; am L 1996, c 170, §1; am L 2003, c 19, §1; am L 2006, c 116, §5, c 156, §3, and c 181, §3; am L 2007, c 98, §1; am L 2014, c 111, §19] Case Notes  The risks involved in criminal property damage in the first degree present a serious potential risk of physical injury to another and that risk is similar to the risks involved in arson and burglary in the ordinary case; thus, defendant's prior conviction under subsection (1)(a) (1996) was a crime of violence as defined in §4B1.2(a)(2) of the federal Sentencing Guidelines. 724 F.3d 1133 (2013).
HI Rev Stat § 708-821 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-821 Criminal property damage in the second degree.

  §708-821 Criminal property damage in the second degree. (1) A person commits the offense of criminal property damage in the second degree if by means other than fire:  (a) The person intentionally or knowingly damages the property of another, without the other's consent, by the use of widely dangerous means;  (b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $1,500; or  (c) The person intentionally or knowingly damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $500. In calculating the amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production.  (2) Criminal property damage in the second degree is a class C felony. [L 1972, c 9, pt of §1; am L 1973, c 136, §7(b); gen ch 1993; am L 1996, c 170, §2; am L 2003, c 19, §2; am L 2006, c 156, §4 and c 181, §4; am L 2007, c 98, §2]
HI Rev Stat § 708-822 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-822 Criminal property damage in the third degree.

  §708-822 Criminal property damage in the third degree. (1) A person commits the offense of criminal property damage in the third degree if by means other than fire:  (a) The person recklessly damages the property of another, without the other's consent, by the use of widely dangerous means;  (b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $500; or  (c) The person intentionally damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $100. In calculating the amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production.  (2) Criminal property damage in the third degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1973, c 136, §7(c); am L 1986, c 314, §62; gen ch 1993; am L 1996, c 170, §3; am L 2006, c 156, §5, c 181, §5, and c 230, §35; am L 2007, c 98, §3] Case Notes  Offense is graded according to amount of damage done, not the value of the property damaged. 86 H. 165 (App.), 948 P.2d 586 (1997).
HI Rev Stat § 708-823.5 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-823.5 Aggravated criminal property damage.

 §708-823.5 Aggravated criminal property damage. (1) A person commits the offense of aggravated criminal property damage if the person by means other than fire:  (a) Intentionally damages the property of another without the other's consent; and  (b) Has been convicted two or more times of an offense under section 708-822 or 708-823.  (2) For purposes of this section, "convicted two or more times" means that, at the time of the instant offense, the person had previously entered a plea of guilty or no contest or a judge or jury had previously returned a verdict of guilty against the person for two or more offenses committed on separate occasions.  (3) Aggravated criminal property damage is a misdemeanor. [L 2005, c 187, §1; am L 2006, c 181, §7; am L 2007, c 196, §2] COMMENTARY ON §708-823.5  Act 187, Session Laws 2005, established the misdemeanor offense of aggravated criminal property damage which applies to a person who intentionally damages the property of another without the other's consent and has two or more convictions for criminal property damage in the third or fourth degree in the preceding five years. Act 187 was designed to address the problem of graffiti in the community. Conference Committee Report No. 67, Senate Standing Committee Report No. 1362.  Act 181, Session Laws 2006, amended this section by excluding property damage caused by means of fire. Act 181 included arson as a new class of property damage and defined four degrees of the offense of arson with appropriate sanctions. The legislature found that fires that are intentionally set cause extensive damage to public and private properties and threaten lives. Conference Committee Report No. 50-06.  Act 196, Session Laws 2007, amended subsection (1) by deleting the five-year look-back period. Conference Committee Report No. 34.
HI Rev Stat § 708-824 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-824 Failure to control widely dangerous means. §708-824 Commentary:

  §708-824 Failure to control widely dangerous means. (1) A person commits the offense of failure to control widely dangerous means if, knowing that widely dangerous means are endangering life or property, the person negligently fails to take measures to prevent or mitigate the danger and:  (a) The person knows that the person is under an official, contractual, or other legal duty to take measures to prevent, control, or mitigate the danger; or  (b) The means were employed by the person or with the person's assent, or on premises in the person's custody or control.  (2) Failure to control widely dangerous means is a misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993] COMMENTARY ON §708-824  This section imposes misdemeanor liability upon a person for the negligent failure to prevent or mitigate danger resulting from the use of widely dangerous means where either (a) the actor is under some legal duty to do so, or (b) the actor is actually or constructively responsible for employing such means. This offense combines the Model Penal Code's offenses of "Failure to Control or Report a Dangerous Fire" and "Failure to Prevent Catastrophe."[1] The underlying premise is that a citizen's criminal liability for potential widespread destruction arises from the citizen's tortious or contractual liability with regard to the potential harm.  Hawaii previously had no statute dealing generally with the problems of catastrophe and the mitigation of the risk thereof but rather dealt separately with various substantive acts which represented a general public danger. The only general heading under which such offenses were grouped is "common nuisance," which included such widely dangerous aspects as spreading disease, making and storing gunpowder, blasting with explosives, and keeping dangerous animals.[2] In a similar vein, however, Hawaii provided a misdemeanor sanction for the failure of any able-bodied person to help combat a fire.3 In simplifying and combining the above-mentioned sections of the Model Penal Code, this Code fills an apparently neglected area of Hawaii law. __________  §708-824 Commentary: 1. M.P.C. § §220.1(3) and 220.2(3), respectively. 2. H.R.S. §727-1. 3. Id. §185-8.
HI Rev Stat § 708-825 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-825 Criminal tampering; definitions of terms.

  §708-825 Criminal tampering; definitions of terms. 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.
HI Rev Stat § 708-826 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-826 Criminal tampering in the first degree.

  §708-826 Criminal tampering in the first degree. (1) A person commits the offense of criminal tampering in the first degree if, and with intent to cause a substantial interruption or impairment of a service rendered to the public by a utility or by an institution providing health or safety protection, the person damages or tampers with, without the consent of the utility or institution, its property or facilities and thereby causes substantial interruption or impairment of service.  (2) Criminal tampering in the first degree is a misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]
HI Rev Stat § 708-827 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-827 Criminal tampering in the second degree.

  §708-827 Criminal tampering in the second degree. (1) A person commits the offense of criminal tampering in the second degree if the person intentionally tampers with property of another person, without the other person's consent, with intent to cause substantial inconvenience to that person or to another.  (2) Criminal tampering in the second degree is a petty misdemeanor. [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.  Previous Hawaii law contained no specific prohibitions of the sort contemplated by the present section.
HI Rev Stat § 708-828 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-828 Criminal use of a noxious substance. §708-828 Commentary:

  §708-828 Criminal use of a noxious substance. (1) A person commits the offense of criminal use of a noxious substance if the person knowingly deposits on the premises or in the vehicle of another, without the other's consent, any stink bomb or device, irritant, or offensive-smelling substance, with the intent to interfere with another's use of the premises or vehicle.  (2) Criminal use of a noxious substance is a petty misdemeanor. [L 1972, c 9, pt of §1] COMMENTARY ON §708-828  This section recognizes that the use value of a person's property may be impaired by the use of noxious substances without the involvement of tampering ( § §708-826 to 827) or actual damage ( § §708-820 to 823). This form of interference with the use of property can be significantly grave to warrant the low grade of criminal sanction provided by this section.  Under previous Hawaii law, the conduct described in this section would fall within the ambit of the indiscriminately-defined offense of common nuisance.1 The Code sharpens the focus and definition of the offense, as it relates to noxious substances, and reduces slightly the possible penalty. __________  §708-828 Commentary: 1. H.R.S. §727-1.
HI Rev Stat § 708-830.5 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-830.5 Theft in the first degree.

  §708-830.5 Theft in the first degree. (1) A person commits the offense of theft in the first degree if the person commits theft 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; or  (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.  (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] Case Notes  Where defendant returned new vehicle after 72 hour possession and prosecution was unable to prove any economic loss to car dealership, no intent to deprive dealership of significant portion of vehicle's economic value, use, or benefit. 86 H. 207, 948 P.2d 1048 (1997).  Where appeals court correctly held that defendant's theft offense under §708-830(1) and subsection (1)(a) required proof of a value element which defendant's federal conspiracy offense did not, and was designed to prevent a substantially different harm--the deprivation of property rights versus the threat posed by agreements to commit criminal conduct, defendant's prosecution in state court was not barred under §701-112 and the circuit court did not err in denying defendant's motion to dismiss in this respect. 126 H. 205, 269 P.3d 740 (2011).  Based on petitioner's performance of petitioner's part of the contract between homeowner and petitioner and the failure of the respondent State to produce evidence of the value of the work completed by petitioner, the State failed to establish that petitioner deprived homeowner of property exceeding $20,000 in value, the threshold for first degree theft. 129 H. 414, 301 P.3d 1255 (2013).
HI Rev Stat § 708-832 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-832 Theft in the third degree.

  §708-832 Theft in the third degree. (1) A person commits the offense of theft in the third degree if the person commits theft:  (a) Of property or services the value of which exceeds $250; or  (b) Of gasoline, diesel fuel, or other related petroleum products used as propellants of any value not exceeding $750.  (2) Theft in the third degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1974, c 201, §2 and c 242, §2; am L 1979, c 106, §7; am L 1986, c 314, §65; am L 2006, c 230, §38; am L 2016, c 231, §38] Case Notes  Jury instructions on the lesser included offenses of theft in the third degree under this section and theft in the fourth degree under §708-833 should have been given where jury could have found that petitioner committed theft of not only less than $20,000, but less than $300 or less than $100, making the offenses of theft III or theft IV applicable. 122 H. 271, 226 P.3d 441 (2010).