reglab/housing_qa huggingface dataset:
HI Rev Stat § 708-837.5 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-837.5 Failure to return leased or rented personal property; penalty.

  §708-837.5 Failure to return leased or rented personal property; penalty. [(1)] A person commits the offense of failure to return leased or rented personal property other than a rental motor vehicle, when he knowingly or intentionally does not return the leased or rented personal property to the person, or his agent, from whom the personal property was leased or rented within fourteen days after the return date stated in the lease or rental contract, unless the person leasing or renting the personal property gives notice that he will not be able to return the leased or rented personal property by the date stated and with the permission of the owner of the property or his agent extends the date by which the personal property will be returned.  [(2)] Failure to return leased or rented personal property is a petty misdemeanor. [L 1980, c 171, §6] Cross References  As to civil remedies, see § §603-29, 604-6.2, and 633-8. COMMENTARY ON §708-837.5  Act 171, Session Laws 1980, enacted this section as part of a package of penal sanctions and civil remedies intended "to provide an effective means for businesses, which have rented personal property to others, to obtain speedy and rightful return of their property while respecting the rights of persons who have leased the property." Conference Committee Report No. 37-80 (57-80).
HI Rev Stat § 708-838 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-838 Removal of identification marks.

  §708-838 Removal of identification marks. A person commits the offense of removal of identification marks if  (1) The person defaces, erases, or otherwise alters any serial number or identification mark placed or inscribed by the manufacturer, or  (2) The person knowingly, to conceal the true ownership of the property of another, defaces, erases, or otherwise alters any serial number or identification mark placed or inscribed on any bicycle, movable or immovable construction tool or equipment, appliance, merchandise, or other article for the purpose of identifying the bicycle, movable or immovable tool or equipment, appliance, merchandise or other article or its component parts, with a value of more than $50. A person removes identification marks if the person attempts to or succeeds in erasing, defacing, altering, or removing a serial number or identification mark or part thereof, on the property of another.  Removal of identification marks is a misdemeanor. [L 1973, c 72, pt of §2; am L 1977, c 27, §1]
HI Rev Stat § 708-839 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-839 Unlawful possession.

  §708-839 Unlawful possession. It shall be unlawful for any person to possess any bicycle, movable construction tool or equipment, appliance, merchandise, or other article, or any part thereof  (1) Where the serial number or identification mark placed on the same by the manufacturer for the purpose of identification, or  (2) Knowing the serial number or identification mark placed on the same for the purpose of identification, has been erased, altered, changed or removed for the purpose of changing the identity of the foregoing items.  Unlawful possession is a misdemeanor. [L 1973, c 72, pt of §2; am L 1977, c 27, §2] COMMENTARY ON § §708-838 AND 708-839  Act 72, Session Laws 1973, added these two new sections to the Code. These sections prohibit the defacing, removal, or alteration of any factory or owner identification mark or serial number from any merchandise on which the same has been inscribed or marked, and thereby provide more effective protection to the public from theft and traffic of stolen merchandise.  The Senate Consumer Protection Committee in Standing Committee Report No. 802 stated:  Police are hampered many times in their efforts to identify and recover stolen merchandise because the serial numbers or the identification marks are removed or obliterated. These marks are removed to frustrate the police and so that the thieves can resell the items. The resale of untraceable firearms is a practice which directly contributes to violent crimes in the community. SUPPLEMENTAL COMMENTARY ON § §708-838 AND 708-839  Act 27, Session Laws 1977, amended these sections to provide for two classes of identification marks--those placed by manufacturers and those affixed by others--and to differentiate the mental aspect required for the imposition of liability as to each class. Section 708-838, as amended, thus seeks to impose liability for altering manufacturer's marks without requiring any specific intent. But for altering other marks, it requires acting "knowingly, to conceal the true ownership of the property of another." Similarly §708-839, as now amended, intends to impose liability for the mere possession of the merchandise where merchandise with altered manufacturer's marks are involved, but to require possession with knowledge of the alteration where other marks are concerned. House Standing Committee Report No. 873.  In addition, Act 27 deleted all references to firearms from these sections, the offense of removing identification marks from firearms being covered by §134-10.
HI Rev Stat § 708-839.6 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-839.6 Identity theft in the first degree.

  §708-839.6 Identity theft in the first degree. (1) A person commits the offense of identity theft in the first degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to:  (a) Facilitate the commission of a murder in any degree, a class A felony, kidnapping, unlawful imprisonment in any degree, extortion in any degree, any offense under chapter 134, criminal property damage in the first or second degree, escape in any degree, any offense under part VI of chapter 710, any offense under section 711-1103, or any offense under chapter 842; or  (b) Commit the offense of theft in the first degree from the person whose personal information is used, or from any other person or entity.  (2) Identity theft in the first degree is a class A felony. [L 2002, c 224, pt of §1] Cross References  Protection of personal information, civil remedies, see chapters 487J, 487N, and 487R.  Retail merchant club card requirements, see chapter 487D.
HI Rev Stat § 708-839.7 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-839.7 Identity theft in the second degree. (1) A person commits the offense of identity theft in the second degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to commit the offense of theft in the second degree from any person or entity. (2) Identity theft in the second degree is a class B felony. [L 2002, c 224, pt of §1] Case Notes The phrase "transmission of any personal information of another" prohibits the transmission of personal information of an actual person, but not the transmission of information associated with a fictitious person; where defendant did not transmit the personal information of an actual person, defendant did not satisfy the conduct element of this section and could not be convicted of identity theft in the second degree. 120 H. 387, 206 P.3d 841 (2009).

 §708-839.7 Identity theft in the second degree. (1) A person commits the offense of identity theft in the second degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to commit the offense of theft in the second degree from any person or entity.  (2) Identity theft in the second degree is a class B felony. [L 2002, c 224, pt of §1] Case Notes  The phrase "transmission of any personal information of another" prohibits the transmission of personal information of an actual person, but not the transmission of information associated with a fictitious person; where defendant did not transmit the personal information of an actual person, defendant did not satisfy the conduct element of this section and could not be convicted of identity theft in the second degree. 120 H. 387, 206 P.3d 841 (2009).
HI Rev Stat § 708-839.8 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-839.8 Identity theft in the third degree. (1) A person commits the offense of identity theft in the third degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to commit the offense of theft in the third or fourth degree from any person or entity. (2) Identity theft in the third degree is a class C felony. [L 2002, c 224, pt of §1] Case Notes As this section does not require impersonation of a person in order to constitute the offense, only the transmission of a person's personal information with the intent to commit the specified theft offense, the circuit court erred in its construction of this section. 125 H. 172 (App.), 254 P.3d 483 (2011). COMMENTARY ON § §708-839.6 TO 708-839.8 Act 224, Session Laws 2002, added these sections to provide criminal penalties for persons who commit identity theft of another individual. The legislature found that misappropriation of personal identification information was on the rise. Act 224 addresses the criminal conduct associated with intentional identity theft. Conference Committee Report No. 25-02.

 §708-839.8 Identity theft in the third degree. (1) A person commits the offense of identity theft in the third degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to commit the offense of theft in the third or fourth degree from any person or entity.  (2) Identity theft in the third degree is a class C felony. [L 2002, c 224, pt of §1] Case Notes  As this section does not require impersonation of a person in order to constitute the offense, only the transmission of a person's personal information with the intent to commit the specified theft offense, the circuit court erred in its construction of this section. 125 H. 172 (App.), 254 P.3d 483 (2011). COMMENTARY ON § §708-839.6 TO 708-839.8  Act 224, Session Laws 2002, added these sections to provide criminal penalties for persons who commit identity theft of another individual. The legislature found that misappropriation of personal identification information was on the rise. Act 224 addresses the criminal conduct associated with intentional identity theft. Conference Committee Report No. 25-02.
HI Rev Stat § 708-839.55 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-839.55 Unauthorized possession of confidential personal information.

  §708-839.55 Unauthorized possession of confidential personal information. (1) A person commits the offense of unauthorized possession of confidential personal information if that person intentionally or knowingly possesses, without authorization, any confidential personal information of another in any form, including but not limited to mail, physical documents, identification cards, or information stored in digital form.  (2) It is an affirmative defense that the person who possessed the confidential personal information of another did so under the reasonable belief that the person in possession was authorized by law or by the consent of the other person to possess the confidential personal information.  (3) Unauthorized possession of confidential personal information is a class C felony. [L 2006, c 139, §2] COMMENTARY ON §708-839.55  Act 139, Session Laws 2006, added this section to increase the protection of personal information by making it a class C felony to intentionally or knowingly possess the confidential information of another without authorization. Hawaii law enforcement has found it difficult to curb the rise in identity theft-related crimes when identity thieves in possession of personal information who have not yet caused a monetary loss to the victim cannot be prosecuted for crimes other than petty misdemeanor thefts. The legislature found that adding a law to make intentionally or knowingly possessing the confidential information of another without authorization a class C felony would help to deter identity theft crimes. Senate Standing Committee Report No. 2636, Conference Committee Report No. 111-06. Case Notes  Defendant's conduct caused or threatened the harm or evil sought to be prevented by this section where defendant had been in possession of complainant's confidential personal information since an unspecified time when the two were neighbors and had used the information to attempt to avoid arrest on two known occasions. Had defendant not been arrested, defendant would have had a continuing opportunity to utilize complainant's confidential personal information; accordingly, defendant's possession of complainant's confidential personal information implicated the precise harm the legislature sought to avoid in enacting this section. 129 H. 172, 297 P.3d 188 (2013).  Where the plain, obvious, and unambiguous meaning of this section merely requires intentional or knowing unauthorized possession of confidential personal information and there is no statutory language requiring that the confidential personal information actually be used to impersonate another person in order to constitute the offense, and to require "impersonation" would be contrary to the legislature's manifest intent to criminalize mere unauthorized possession, the circuit court erred in its construction of this section. 125 H. 172 (App.), 254 P.3d 483 (2011).
HI Rev Stat § 708-842 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-842 Robbery; "in the course of committing a theft". §708-842 Commentary:

  §708-842 Robbery; "in the course of committing a theft". An act shall be deemed "in the course of committing a theft or non-consensual taking of a motor vehicle" if it occurs in an attempt to commit theft or non-consensual taking of a motor vehicle, in the commission of theft or non-consensual taking of a motor vehicle, or in the flight after the attempt or commission. [L 1972, c 9, pt of §1; am L 2006, c 230, §43] 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  Previous Hawaii statutory law failed to provide a standard for the determination of the duration of the "theft" aspect of a robbery--a standard which is needed in order to determine when the employment of force or threatened force converts the "theft" into a "robbery." SUPPLEMENTAL COMMENTARY ON §708-842  Act 230, Session Laws 2006, established motor vehicle theft as part of the offenses of robbery in the first and second degrees. House Standing Committee Report No. 665-06. Act 230 amended this section to conform to the amendments made to the offenses of robbery in the first and second degrees. Case Notes  Theft and attempted theft, regardless of degree, are included offenses of first degree robbery. 81 H. 309, 916 P.2d 1210 (1996).  Force was not used "in the course of committing theft" where force used was while defendant was returning stolen liquor bottle to store owner. 9 H. App. 263, 833 P.2d 902 (1992). __________  §708-842 Commentary: 1. M.P.C., Tentative Draft No. 11, comments at 70 (1960).
HI Rev Stat § 708-851 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-851 Forgery in the first degree.

  §708-851 Forgery in the first degree. (1) A person commits the offense of forgery in the first degree if, with intent to defraud, the person falsely makes, completes, endorses, or alters a written instrument, or utters a forged instrument, or fraudulently encodes the magnetic ink character recognition numbers, which is or purports to be, or which is calculated to become or to represent if completed:  (a) Part of an issue of stamps, securities, or other valuable instruments issued by a government or governmental agency;  (b) Part of an issue of stock, bonds, or other instruments representing interests in or claims against a corporate or other organization or its property; or  (c) All or part of 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 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 the 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 the instrument; utters the forged instrument; or fraudulently encodes the magnetic ink character recognition numbers of the instrument.  (2) Forgery in the first degree is a class B felony. [L 1972, c 9, pt of §1; am L 1988, c 155, §2; gen ch 1992; am L 1997, c 243, §2; am L 2021, c 147, §6] Case Notes  Where defendant gave a counterfeit $20 bill to another person, with the intent to defraud, defendant's action constituted an offense pursuant to Hawaii's forgery statutes; although United States currency is not specifically included in the definition of "written instrument" in §708-850, a counterfeit $20 bill falls squarely within that definition in that it is paper, containing printed matter. 134 H. 81 (App.), 332 P.3d 683 (2014).
HI Rev Stat § 708-852 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-852 Forgery in the second degree.

  §708-852 Forgery in the second degree. (1) A person commits the offense of forgery in the second degree if, with intent to defraud, the person:  (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] Case Notes  Charges in indictment held sufficient though inarticulately drawn. 55 H. 621, 525 P.2d 571 (1974).  There was substantial evidence which a reasonable mind might accept as adequate to convict defendant. 79 H. 175 (App.), 900 P.2d 172 (1995).
HI Rev Stat § 708-854 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-854 Criminal possession of a forgery device.

  §708-854 Criminal possession of a forgery device. (1) A person commits the offense of criminal possession of a forgery device if:  (a) The person makes or possesses with knowledge of its character any plate, die, or other device, apparatus, equipment, or article specifically designed or adapted for use in forging written instruments; or  (b) The person makes or possesses any device, apparatus, equipment, or article capable of or adaptable to use in forging written instruments with intent to use it oneself, or to aid or permit another to use it, for purposes of forgery.  (2) Criminal possession of a forgery device is a class C felony. [L 1972, c 9, pt of §1; gen ch 1993] COMMENTARY ON §708-854  This section punishes the making or possession of (a) a device specifically adapted for forgery, which has no other significant use, and the character of which is known to the actor, or (b) a device which may be adapted to forgery, where the actor has an intent so to employ the article (or aid in its employment).  Like the section dealing with possession of burglar's tools, this section provides a basis for police intervention at the inchoate or preparatory stage of criminal activity. Note, however, that in order to establish the offense the prosecution must prove the requisite state of knowledge or intent.
HI Rev Stat § 708-855 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|708. Offenses Against Property Rights|708-855 Criminal simulation.

  §708-855 Criminal simulation. (1) A person commits the offense of criminal simulation if, with intent to defraud, the person makes, alters, or utters any object, so that it appears to have an antiquity, rarity, source, or authorship that it does not in fact possess.  (2) In subsection (1), "utter" means to offer, whether accepted or not, an object with representation by acts or words, oral or in writing, relating to its antiquity, rarity, source, or authorship.  (3) Criminal simulation is a misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993] COMMENTARY ON §708-855  The special case of objects which have value not for what they represent, but for what they are (e.g., antiques, works of art, rare natural objects, etc.), is dealt with separately from the forgery offenses. Cases of falsification as it relates to such objects are treated separately because (a) commercial and economic repercussions are not likely to extend significantly beyond the individuals involved in the transaction, (b) there exists no danger of undermining a substantial and necessary public confidence in a medium of commerce, and (c), with regard to the typically unusual, one-of-a-kind, items and transactions involved, a given individual is both more likely and more able to protect oneself against the offender.  Previous Hawaii law had no provisions equivalent to criminal simulation.