reglab/housing_qa huggingface dataset:
HI Rev Stat § 712-1219 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1219 Failure to affix information disclosing location of age verification records of sexual performers.

  §712-1219 Failure to affix information disclosing location of age verification records of sexual performers. (1) A person commits the offense of failure to affix information disclosing location of age verification records of sexual performers if the person knowingly produces any pornographic book, magazine, periodical, film, videotape, computer image, or other matter that contains one or more pornographic visual depictions made after June 30, 2002, of sexual conduct and fails to affix to each copy a statement describing where any records required by section 712-1218 with respect to all performers depicted in that copy of the matter may be located, including the current address and telephone number of the custodian of those records.  (2) If the person to whom any recordkeeping requirement of section 712-1218 applies is an organization, the affixed information required under subsection (1) shall include the name, title, and business address of the individual employed by the organization who is responsible for maintaining the records required by section 712-1218.  (3) Failure to affix information disclosing the location of age verification records of sexual performers is a class C felony. [L 2002, c 240, pt of §3] COMMENTARY ON §712-1219  Act 240, Session Laws 2002, added this section to establish criminal penalties against those who participate in or profit from the sexual exploitation of a minor.
HI Rev Stat § 712-1219.5 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1219.5 Disseminating visual depiction of sexual conduct without affixed information disclosing location of age verification records of sexual performers.

  §712-1219.5 Disseminating visual depiction of sexual conduct without affixed information disclosing location of age verification records of sexual performers. (1) A person commits the offense of disseminating visual depiction of sexual conduct without affixed information disclosing location of age verification records of sexual performers if the person knowingly disseminates, sells, or otherwise transfers, or offers for sale or transfer, any book, magazine, periodical, film, videotape, computer image, or other matter that contains one or more visual depictions made after June 30, 2002, of sexual conduct, and that does not have affixed thereto a statement describing where the age verification records required by section 712-1218 may be located; provided that this section shall not be construed to impose a duty upon any persons to determine the accuracy of the contents of the affixed statement or of the records required to be kept at that location.  (2) Disseminating visual depiction of sexual conduct without affixed information disclosing location of age verification records of sexual performers is a misdemeanor. [L 2002, c 240, pt of §3] COMMENTARY ON §712-1219.5  Act 240, Session Laws 2002, added this section to establish criminal penalties against those who participate in or profit from the sexual exploitation of a minor.
HI Rev Stat § 712-1221 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1221 Promoting gambling in the first degree.

  §712-1221 Promoting gambling in the first degree. (1) A person commits the offense of promoting gambling in the first degree if the person knowingly advances or profits from gambling activity by:  (a) Engaging in bookmaking to the extent that the person receives or accepts in any seven-day period more than five bets totaling more than $500;  (b) Receiving in connection with a lottery, or mutuel scheme or enterprise, money or written records from a person other than a player whose chances or plays are represented by such money or records; or  (c) Receiving or having become due and payable in connection with a lottery, mutuel, or other gambling scheme or enterprise, more than $1,000 in any seven-day period played in the scheme or enterprise.  (2) Promoting gambling in the first degree is a class C felony. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; am L 1983, c 161, §1; am L 1987, c 83, §1; gen ch 1992] Revision Note  In subsection (1)(a), "or" deleted pursuant to §23G-15. Case Notes  Although it may have been error admitting into evidence, as expert opinion under HRE rule 702, officer's testimony concerning §712-1231(b), the social gambling defense, where defendant was not entitled to this defense in a prosecution for promoting gambling in the first degree under subsection (1)(c), error was harmless. 92 H. 98 (App.), 987 P.2d 996 (1999).
HI Rev Stat § 712-1222 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1222 Promoting gambling in the second degree.

  §712-1222 Promoting gambling in the second degree. (1) A person commits the offense of promoting gambling in the second degree if the person knowingly advances or profits from gambling activity.  (2) Promoting gambling in the second degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; am L 1987, c 83, §2; gen ch 1992]
HI Rev Stat § 712-1224 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1224 Possession of gambling records in the first degree.

  §712-1224 Possession of gambling records in the first degree. (1) A person commits the offense of possession of gambling records in the first degree if the person knowingly possesses, produces, or distributes any writing, paper, instrument, or article:  (a) Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise, and constituting, reflecting, or representing more than five bets totaling more than $500; or  (b) Of a kind commonly used in the operation, promotion, or playing of a lottery or mutuel scheme or enterprise, and constituting, reflecting, or representing more than one hundred plays or chances therein or one play or chance wherein the winning amount exceeds $5,000.  (2) Possession of gambling records in the first degree is a class C felony. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; am L 1980, c 174, §1; gen ch 1993] Case Notes  In a prosecution for violation of subsection (1)(a), it is not necessary to prove the occurrence of a sporting event; gambling records were properly admitted although there was no showing of a chain of custody; not unconstitutionally vague. 63 H. 342, 627 P.2d 282 (1981).
HI Rev Stat § 712-1225 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1225 Possession of gambling records in the second degree.

  §712-1225 Possession of gambling records in the second degree. (1) A person commits the offense of possession of gambling records in the second degree if the person knowingly possesses any writing, paper, instrument, or article:  (a) Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise; or  (b) Of a kind commonly used in the operation, promotion, or playing of a lottery or mutuel scheme or enterprise.  (2) Possession of gambling records in the second degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; gen ch 1993]
HI Rev Stat § 712-1227 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1227 Possession of gambling records; defense.

  §712-1227 Possession of gambling records; defense. In any prosecution under sections 712-1224 and [712-1225], it is a defense that the writing, paper, instrument, or article possessed by the defendant was neither used nor intended to be used in the advancement of gambling activity, except for records used in social gambling. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1] COMMENTARY ON §712-1227  This section establishes a defense in a prosecution under § §712-1224 and 1225. It is a defense to such a prosecution that the record possessed is "neither used nor intended to be used in the advancement of gambling activity, except for records used in social gambling." In view of the relaxed standards provided in § §712-1224 and 1225 (i.e., possession of an article "of a kind commonly used..."), a defense has been provided for those defendants who are able to produce some evidence which raises a reasonable doubt that their possession of the records was preparatory to unlawful gambling.  This section was originally numbered as §712-1226, but was renumbered by Act 201, Session Laws 1973.
HI Rev Stat § 712-1228 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1228 Gambling offenses; prima facie evidence.

  §712-1228 Gambling offenses; prima facie evidence. (1) Proof that a person knowingly possessed any gambling record specified in sections 712-1224 and 712-1225 or any gambling device in section 712-1226 is prima facie evidence that the person possessed the record or device with knowledge of its contents and character.  (2) In any prosecution under this part in which it is necessary to prove the occurrence of a sporting event, a published report of its occurrence in any daily newspaper, magazine, or other periodically printed publication of general circulation, shall be admissible in evidence and shall constitute prima facie evidence of the occurrence of the event. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1] Cross References  Prima facie evidence, see §701-112. COMMENTARY ON §712-1228  Offenses of possession of gambling records and gambling devices pose a special problem regarding proof of the requisite knowledge of the contents and character of the records or the device. In cases which require proof of the occurrence of sporting events, strict adherence to the rules of evidence would force the prosecution in its case in chief to incur great expense on an issue which may not realistically be in controversy. Therefore, this section provides two evidentiary rules designed to let the prosecutor get the case to the jury in situations where direct evidence is difficult or expensive to obtain and the weight of the logical inference in each situation is sufficient to warrant the special rule.  Act 201, Session Laws 1973, renumbered this section from §712-1227 to §712-1228.
HI Rev Stat § 712-1229 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1229 Lottery offenses; no defense.

  §712-1229 Lottery offenses; no defense. It is no defense to a prosecution under any section of this part relating to a lottery that the lottery itself is drawn or conducted outside this State and is not in violation of the laws of the jurisdiction in which it is drawn or conducted. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1] COMMENTARY ON §712-1229  This section provides that it is no defense to a prosecution under any section relating to a lottery that the lottery itself is drawn or conducted outside this State and is not in violation of the laws of the jurisdiction in which it is drawn. This eliminates spurious defenses in cases involving the Irish Sweepstakes or lotteries conducted in other states. Because the person who places the bet or buys the lottery ticket is not criminal under this part, only the seller or promoter is covered and it should make no difference that the seller or promoter is dealing in "chances" based on an out-of-state contingency. The section was renumbered from §712-1228 to §712-1229 by Act 201, Session Laws 1973.
HI Rev Stat § 712-1232 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1232 Savings promotion or prize-linked savings contest not gambling.

  §712-1232 Savings promotion or prize-linked savings contest not gambling. A savings promotion or prize-linked savings contest conducted by a financial institution pursuant to section 412:4-113 is not gambling and shall not constitute a lottery unless the chance to win a prize requires consideration. Consideration shall not include:  (1) The deposit of a specified minimum amount of money into a savings promotion or prize-linked savings account that results in an entry in a savings promotion or prize-linked savings contest;  (2) The interest earned, if any, on the consumer's savings promotion or prize-linked savings account; or  (3) Any fee or amount to administer or maintain the savings promotion or prize-linked savings account. [L 2019, c 253, §3] COMMENTARY ON §712-1232  Act 253, Session Laws 2019, established this section to exempt from Hawaii's gambling laws any savings promotion or prize-linked savings contest conducted by a financial depository institution pursuant to §412:4-113. The legislature found that Hawaii's prohibition against gambling prevents financial institutions in the State from offering incentives in the form of prizes that can be won by customers depositing funds in savings accounts or participating in other savings promotions. The legislature further found that authorizing savings promotions or prize-linked savings contests would encourage customers to build personal savings. Senate Standing Committee Report No. 1940.
HI Rev Stat § 712-1240.1 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1240.1 Defense to promoting.

  §712-1240.1 Defense to promoting. (1) It is a defense to prosecution for any offense defined in this part that the person who possessed or distributed the dangerous, harmful, or detrimental drug did so under authority of law as a practitioner, as an ultimate user of the drug pursuant to a lawful prescription, or as a person otherwise authorized by law.  (2) It is an affirmative defense to prosecution for any marijuana-related offense defined in this part that the person who possessed or distributed the marijuana was authorized to possess or distribute the marijuana for medical purposes pursuant to part IX of chapter 329. [L 1977, c 137, §1; am L 2000, c 228, §4] COMMENTARY ON §712-1240.1  Act 137, Session Laws 1977, added this section to provide a defense for the lawful possession or distribution of drugs by authorized persons. In enacting the section, the legislature found that the law as then worded made any possession or distribution of drugs criminal. Senate Standing Committee Report No. 1127, House Standing Committee Report No. 683.  Act 228, Session Laws 2000, in permitting the medical use of marijuana by persons with certain medical conditions, amended this section to include an affirmative defense for the medical use of marijuana. Senate Standing Committee Report No. 2760. Case Notes  Legislature intended section as a defense rather than element of an offense. 64 H. 568, 645 P.2d 308 (1982).  As California statute did not authorize defendant to possess or cultivate fifty or more marijuana plants in violation of §712-1249.5, trial court did not err in concluding that this section was inapplicable to the case and the documents submitted in support of defendant's motion to dismiss were not clearly exculpatory; thus, trial court did not err in denying defendant's motion to dismiss. 108 H. 169, 118 P.3d 652 (2005).  District court erred in re-determining the fact of medical use in contrast to the parties' stipulation that petitioner possessed and transported medical marijuana under a valid Medical Marijuana Registry Patient Identification Certificate, thus preempting consideration of petitioner's affirmative defense; given that the State presented no evidence showing that the marijuana was for any other use other than a medical use, petitioner proved that petitioner was authorized to possess marijuana for medical purposes pursuant to part IX of chapter 329 for purposes of an affirmative defense under subsection (2). 129 H. 397, 301 P.3d 607 (2013).
HI Rev Stat § 712-1240.5 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1240.5 Manufacturing a controlled substance with a child present.

 §712-1240.5 Manufacturing a controlled substance with a child present. (1) Except as provided in subsection (2), any person convicted of manufacturing a controlled substance in violation of this chapter, who commits the offense knowing that a child under the age of sixteen is present in the structure where the offense occurs, shall be sentenced to a term of two years imprisonment to run consecutively to the maximum indeterminate term of imprisonment for the conviction of any offense involving the manufacturing of a controlled substance.  (2) Any person convicted of manufacturing a controlled substance in violation of this chapter, who commits the offense knowing that a child under the age of eighteen is present in the structure where the offense occurs and causes the child to suffer serious or substantial bodily injury as defined in section 707-700, shall be sentenced to a term of five years imprisonment to run consecutively to the maximum indeterminate term of imprisonment for the conviction of any offense involving the manufacturing of a controlled substance.  (3) As used in this section, "structure" means any house, apartment building, shop, warehouse, building, vessel, cargo container, motor vehicle, tent, recreational vehicle, trailer, or other enclosed space capable of holding a child and equipment for the manufacture of a controlled substance. [L 2004, c 44, pt of §3] COMMENTARY ON §712-1240.5  Act 44, Session Laws 2004, added this section, enhancing prison sentences for persons who manufacture drugs in the presence of a child and cause injury to a child, to protect children from the dangers of clandestine methamphetamine laboratories and homes where illegal substances may harm the children. House Standing Committee Report No. 495-04, Senate Standing Committee Report No. 3091.
HI Rev Stat § 712-1240.6 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1240.6 REPEALED.

  §712-1240.6 REPEALED. L 2006, c 230, §50.
HI Rev Stat § 712-1240.7 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1240.7 Methamphetamine trafficking.

  §712-1240.7 Methamphetamine trafficking. (1) A person commits the offense of methamphetamine trafficking if the person knowingly:  (a) Distributes methamphetamine in any amount to a minor; or  (b) Manufactures methamphetamine in any amount.  (2) Methamphetamine trafficking is a class A felony for which the defendant shall be sentenced as provided in subsection (3).  (3) Notwithstanding sections 706-620(2), 706-640, 706-641, 706-659, 706-669, and any other law to the contrary, a person convicted of methamphetamine trafficking shall be sentenced to an indeterminate term of imprisonment of twenty years with a mandatory minimum term of imprisonment of not less than two years and not greater than eight years and a fine not to exceed $20,000,000; provided that:  (a) If the person has one prior conviction for methamphetamine trafficking pursuant to this section, promoting a dangerous drug in the first degree pursuant to section 712-1241 and methamphetamine was the drug upon which the conviction was predicated, or section 712-1240.8 as that section was in effect prior to July 1, 2016, the mandatory minimum term of imprisonment shall be not less than six years, eight months and not greater than thirteen years, four months;  (b) If the person has two prior convictions for methamphetamine trafficking pursuant to this section, promoting a dangerous drug in the first degree pursuant to section 712-1241 and methamphetamine was the drug upon which the conviction was predicated, or section 712-1240.8, as that section was in effect prior to July 1, 2016, the mandatory minimum term of imprisonment shall be not less than thirteen years, four months and not greater than twenty years; or  (c) If the person has three or more prior convictions for methamphetamine trafficking pursuant to this section, promoting a dangerous drug in the first degree pursuant to section 712-1241 and methamphetamine was the drug upon which the conviction was predicated, or section 712-1240.8 as that section was in effect prior to July 1, 2016, the mandatory minimum term of imprisonment shall be twenty years. [L 2006, c 230, pt of §4; am L 2016, c 231, §52]
HI Rev Stat § 712-1240.8 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1240.8 REPEALED.

  §712-1240.8 REPEALED.  L 2016, c 231, §56. Note  Applicability of L 2016, c 231, §56 repeal, see Note at §712-1241.
HI Rev Stat § 712-1240.9 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|712. Offenses Against Public Health and Morals|712-1240.9 Methamphetamine trafficking; restitution and reimbursement.

  §712-1240.9 Methamphetamine trafficking; restitution and reimbursement. When sentencing a defendant convicted of methamphetamine trafficking pursuant to section 712-1240.7 or 712-1240.8 as that section was in effect prior to July 1, 2016, the court may order restitution or reimbursement to the State or appropriate county government for the cost incurred for any cleanup associated with the manufacture or distribution of methamphetamine and to any other person injured as a result of the manufacture or distribution of methamphetamine. [L 2006, c 230, pt of §4; am L 2016, c 231, §53] COMMENTARY ON § §712-1240.7 TO 712-1240.9  Act 230, Session Laws 2006, added § §712-1240.7 and 712-1240.8, methamphetamine trafficking in the first and second degrees. House Standing Committee Report No. 665-06.  Act 230, Session Laws 2006, also added §712-1240.9, authorizing a court to order restitution or reimbursement when sentencing a defendant convicted under §712-1240.7 or §712-1240.8.  Act 231, Session Laws 2016, amended §712-1240.7 by, among other things, removing possession and distribution of methamphetamine from the statute. Act 231 placed possession and distribution of methamphetamine in the statutes relating to promoting a dangerous drug [ § §712-1241 and 712-1242], which gives the court the discretion to impose probation and drug treatment when appropriate. The offenses remaining in §712-1240.7 are distribution of methamphetamine to a minor and manufacturing of methamphetamine, which remain class A felonies. The amendments implemented recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015). The Penal Code Review Committee commented, on page 59 of its report, that "[w]hile the Committee recognizes these dangers and challenges, it is of the opinion that the current Methamphetamine Trafficking statutes are not properly addressing those challenges and should be changed based on the experience of the Committee regarding the application of these provisions in the criminal justice system in Hawaii." House Standing Committee Report No. 660-16.  Act 231, Session Laws 2016, repealed §712-1240.8 and amended §712-1240.9 by making a conforming amendment. Act 231 implemented recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015).