reglab/statecodes huggingface dataset:
2023 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).
2023 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).
2023 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]
2023 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.
2023 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).
2023 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.
2023 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).
2023 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.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-839.9 Theft of mail.

§708-839.9 Theft of mail.
(1) A person commits the offense of theft of mail if the person intentionally obtains or exerts unauthorized control over mail from another person's mailbox or premises without the effective consent of the addressee and with the intent to deprive that addressee of the mail.
(2) For purposes of this section, "mail" means an envelope, a package, a bag, or a box that:
(a) Is delivered by a common carrier or delivery service to an addressee; or
(b) Has been left to be collected for delivery by a common carrier or delivery service.
(3) Theft of mail is a misdemeanor. [L 2022, c 112, §2]
COMMENTARY ON §708-839.9
Act 112, Session Laws 2022, added this section to establish the offense of theft of mail. The legislature found that the coronavirus disease 2019 pandemic had changed the way many families relied on delivery services. There had been a major increase in the amount of online orders being placed and subsequently fulfilled by shipping items through the mail. Most packages sent through the mail are left outside the door at their intended destination if there is no mail receptacle large enough for the package on site. The legislature further found that reports of mail theft were on the rise. When mail carriers leave packages by doors or in otherwise unsecured mail receptacles, the packages are susceptible to theft, leading to frustration for senders and intended recipients. The legislature noted that Act 112 provided necessary protection to the property of the State's residents and facilitated the prosecution of theft of mail at the state level. Senate Standing Committee Report No. 3559, House Standing Committee Report No. 792-22.
2023 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).
2023 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).
2023 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).
2023 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.
2023 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.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-856 Obtaining signature by deception.

§708-856 Obtaining signature by deception.
(1) A person commits the offense of obtaining a signature by deception if, with intent to defraud, the person:
(a) Causes another, by deception, to sign or execute a written instrument; or
(b) Utters the written instrument specified in [paragraph] (a).
(2) Obtaining a signature by deception is a misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]
COMMENTARY ON §708-856
The conduct proscribed by this section does not constitute forgery, but is typically preparatory to theft by deception. A signature is not "property" within the meaning of §708-800, and hence cannot be the subject of a theft provision. Nor does forgery cover the result, since the instrument is precisely what it purports to be, i.e., an authentic creation of its ostensible maker. But since the individual culpability and probable results of such actions are so little distinguishable from those of forgery, it is felt that a penalty commensurate with that for the lowest forgery offense (forgery in the third degree, §708-853) ought to attach to obtaining a signature by deception. Note that the requisite intent to defraud, as defined in §708-800, is the same as that required for the forgery offenses.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-858 Suppressing a testamentary or recordable instrument.

§708-858 Suppressing a testamentary or recordable instrument.
(1) A person commits the offense of suppressing a testamentary instrument if, with intent to defraud, the person destroys, removes, or conceals any will, codicil, or other testamentary instrument.
(2) A person commits the offense of suppressing a recordable instrument if, with intent to defraud, the person destroys, removes, or conceals any deed, mortgage, security instrument, or other written instrument for which the law provides public recording.
(3) Each offense defined in this section is a class C felony. [L 1972, c 9, pt of §1; gen ch 1993]
COMMENTARY ON §708-858
This section makes it a class C felony to destroy, remove, or conceal certain testamentary instruments or instruments for which the law provides recording. Despite the overlapping coverage, to some extent, with offenses of criminal property damage ( § §708-820 to 823), there exists certain additional incidence of harm because the destruction of a will or a deed, for example, could have substantially the same effect as forgery if the destruction gave efficacy to a prior document and the grantor or testator refused or was unable to remedy the situation. This additional element of harm is the principal reason for the present section.
Previous Hawaii law did not recognize suppressing a testamentary or recordable instrument as a separate criminal offense.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-871.5 False labeling of Hawaii-grown coffee.

[ §708-871.5] False labeling of Hawaii-grown coffee.
(1) A person commits the offense of false labeling of Hawaii-grown coffee if the person knowingly transports, distributes, advertises, sells, or possesses with the intent to sell Hawaii-grown green coffee, cherry coffee, or parchment coffee that is falsely labeled with regard to the geographic origin of the Hawaii-grown coffee.
(2) For purposes of this section:
"Cherry coffee" means the unprocessed fruit of the coffee plant.
"Geographic origin" means the geographic areas designated as follows:
(a) Hamakua is the Hamakua district on the island of Hawaii, as designated by the State of Hawaii tax map;
(b) Hawaii is the State of Hawaii;
(c) Kau is the Kau district on the island of Hawaii, as designated by the State of Hawaii tax map;
(d) Kauai is the island of Kauai;
(e) Kona is the north Kona and south Kona districts on the island of Hawaii, as designated by the State of Hawaii tax map;
(f) Maui is the island of Maui;
(g) Molokai is the island of Molokai; and
(h) Oahu is the island of Oahu.
"Green coffee" means the agricultural commodity comprised of green coffee beans.
"Parchment coffee" means the dried product that remains when coffee cherries are processed by removing the coffee seeds from the pulp.
(3) False labeling of Hawaii-grown coffee is a class C felony. L 2012, c 328, §1
COMMENTARY ON §708-871.5
Act 328, Session Laws 2012, added this section, making the offense of false labeling of Hawaii-grown coffee with regard to the geographic origin of the coffee a class C felony. Act 328 provided stronger criminal penalties to help deter the distribution of Hawaii-grown coffee that was falsely labeled as to geographic origin. Senate Standing Committee Report No. 3239, Conference Committee Report No. 114-12.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-873 Defrauding secured creditors. §708-873 Commentary:

§708-873 Defrauding secured creditors.
(1) A person commits the offense of defrauding secured creditors if the person destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that interest.
(2) Defrauding secured creditors is a misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]
COMMENTARY ON §708-873
The sections dealing with theft are framed in terms of appropriation of property of another; however, a security interest does not make the secured party an owner and the property, by reason of the security interest alone, is not the property of another.[1] It is necessary, therefore, to provide separate penalties for "debtors or conditional vendees who dispose of property subject to a security interest in ways that may prejudice the secured creditor."[2] The requisite culpability is intent to hinder enforcement of the security interest; innocent potential hindering of such interest, such as the temporary removal of a secured chattel from the County or State, ought not to be made subject to criminal sanctions.[3]
The penalty provided is a misdemeanor, regardless of the amount involved. This differs somewhat from the theft offenses. This difference reflects the fact that generally offenders against a secured interest "are less dangerously deviated from social norms than outright thieves who take property to which they have no claim."[4] Moreover, in those cases where the actor intended, at the time the actor undertook the security obligation, to violate the terms thereof, felony penalties will be available under the theft provisions.[5]
Previous Hawaii law provided many offenses relating to defrauding secured creditors. These different offenses distinguished between the kind of property involved, i.e., whether real or personal,[6] between the mode of fraud, e.g., whether the property is concealed or sold,[7] and the type of security arrangement involved, e.g., whether a mortgage of personal property or a conditional sale.8 The exact reason for these various provisions, sometimes with different penalties, seems unclear. The Code provides a single unified offense with a single penalty for conduct which ought to be regarded by the penal law as presenting substantially the same type of social harm.
__________
§708-873 Commentary:
1. §708-800.
2. M.P.C., Tentative Draft No. 11, comments at 98 (1960).
3. Id. at 99.
4. Id. It should also be noted that the circumstances which warrant the formulation of a petty misdemeanor theft offense seem generally absent in defrauding secured creditors.
5. § §708-830 to 833.
6. Compare H.R.S. §745-1 with H.R.S. §745-2.
7. Compare H.R.S. §745-2 with H.R.S. §745-3.
8. Compare H.R.S. §745-3 with H.R.S. §745-7.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-875 Trademark counterfeiting.

§708-875 Trademark counterfeiting.
(1) A person commits the offense of trademark counterfeiting who knowingly manufactures, produces, displays, advertises, distributes, offers for sale, sells, or possesses with the intent to sell or distribute any item bearing or identified by a counterfeit mark, knowing that the mark is counterfeit.
(2) As used in this section:
"Counterfeit mark" means any spurious mark that is identical to or confusingly similar to any print, label, trademark, service mark, or trade name registered in accordance with chapter 482 or registered on the Principal Register of the United States Patent and Trademark Office.
"Sale" includes resale.
(3) Trademark counterfeiting is a class C felony.
(4) In any action brought under this section resulting in a conviction or a plea of nolo contendere, the court shall order the forfeiture and destruction of all counterfeit marks and the forfeiture and destruction or other disposition of all items bearing a counterfeit mark, and all personal property, including any items, objects, tools, machines, equipment, instrumentalities, or vehicles of any kind, employed or used in connection with a violation of this section, in accordance with the procedures set forth in chapter 712A. [L 1997, c 277, §1]
COMMENTARY ON §708-875
Act 277, Session Laws 1997, added this section, which establishes the offense of trademark counterfeiting as a class C felony, and which authorizes the forfeiture and destruction or other disposition of counterfeited property. The legislature found that trademark counterfeiting was a recurring problem in Hawaii for retail boutiques and trademark products of the University of Hawaii, and that tourists are often the target for the scams. The legislature believed that the Act would safeguard not only consumers from the sale of counterfeit products, but would also protect the reputation and quality of trademarks and ensure that trademarks are used for their legitimate and intended purposes. House Standing Committee Report No. 1620, Senate Standing Committee Report No. 759.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-891 to 708-893 OLD REPEALED. §708-891 Computer fraud in the first degree.

§ §708-891 to 708-893 OLD REPEALED.
L 2001, c 33, § §5 to 7.
§708-891 Computer fraud in the first degree.
(1) A person commits the offense of computer fraud in the first degree if the person knowingly accesses a computer, computer system, or computer network with the intent to commit the offense of theft in the first degree
.
(2) Computer fraud in the first degree is a class A felony. [L 2001, c 33, pt of §1; am L 2012, c 293, §2]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-891.5 Computer fraud in the second degree.

§708-891.5 Computer fraud in the second degree.
(1) A person commits the offense of computer fraud in the second degree if the person knowingly accesses a computer, computer system, or computer network with the intent to commit the offense of theft in the second degree.
(2) Computer fraud in the second degree is a class B felony. [L 2001, c 33, pt of §1; am L 2012, c 293, §3]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-891.6 Computer fraud in the third degree.

§708-891.6 Computer fraud in the third degree.
(1) A person commits the offense of computer fraud in the third degree if the person knowingly accesses a computer, computer system, or computer network with the intent to commit the offense of theft in the third or fourth degree.
(2) Computer fraud in the third degree is a class C felony. [L 2012, c 293, §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-892 Computer damage in the first degree.

§708-892 Computer damage in the first degree.
(1) A person commits the offense of computer damage in the first degree if the person intentionally causes or attempts to cause damage to a computer, computer system, or computer network that manages or controls any critical infrastructure and the damage results in, or in the case of an attempt to cause damage would have resulted in if completed, the substantial impairment of:
(a) The operation of the computer, computer system, or computer network; or
(b) The critical infrastructure managed or controlled by the computer, computer system, or computer network.
(2) Computer damage in the first degree is a class A felony. [L 2001, c 33, pt of §1; am L 2014, c 213, §3]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-892.5 Computer damage in the second degree.

§708-892.5 Computer damage in the second degree.
(1) A person commits the offense of computer damage in the second degree if:
(a) The person knowingly causes the transmission of a program, information, code, or command, and thereby knowingly causes unauthorized damage to a computer, computer system, or computer network; or
(b) The person intentionally accesses a computer, computer system, or computer network without authorization and thereby knowingly causes damage.
(2) As used in this section, "damage" means:
(a) A loss aggregating at least $5,000 in value, including the costs associated with diagnosis, repair, replacement, or remediation, during any one-year period to one or more individuals;
(b) The modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of one or more individuals; or
(c) Impairment or disruption of government operations.
(3) Computer damage in the second degree is a class B felony. [L 2001, c 33, pt of §1; am L 2014, c 213, §4]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-892.6 Computer damage in the third degree.

§708-892.6 Computer damage in the third degree.
(1) A person commits the offense of computer damage in the third degree if the person knowingly accesses a computer, computer system, or computer network without authorization and thereby recklessly causes damage.
(2) Computer damage in the third degree is a class C felony. [L 2014, c 213, §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-893 Use of a computer in the commission of a separate crime.

§708-893 Use of a computer in the commission of a separate crime.
(1) A person commits the offense of use of a computer in the commission of a separate crime if the person knowingly uses a computer to identify, select, solicit, persuade, coerce, entice, induce, procure, pursue, surveil, contact, harass, annoy, or alarm the victim or intended victim of the following offenses:
(a) Section 707-726, relating to custodial interference in the first degree;
(b) Section 707-727, relating to custodial interference in the second degree;
(c) Section 707-731, relating to sexual assault in the second degree;
(d) Section 707-732, relating to sexual assault in the third degree;
(e) Section 707-733, relating to sexual assault in the fourth degree;
(f) Section 707-751, relating to promoting child abuse in the second degree;
(g) Section 711-1106, relating to harassment;
(h) Section 711-1106.4, relating to aggravated harassment by stalking;
(i) Section 711-1106.5, relating to harassment by stalking; or
(j) Section 712-1215, relating to promoting pornography for minors.
(2) Use of a computer in the commission of a separate crime is an offense one class or grade, as the case may be, greater than the offense facilitated. Notwithstanding any other law to the contrary, a conviction under this section shall not merge with a conviction for the separate crime. [L 2001, c 33, pt of §1; am L 2006, c 141, §1; am L 2012, c 192, §1; am L 2016, c 231, §42; am L 2021, c 184, §2]
Note
The 2012 amendment is not intended to interfere with First Amendment rights of free speech and expression of any person affected. L 2012, c 192, §3.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-894 Forfeiture of property used in computer crimes.

§708-894 Forfeiture of property used in computer crimes.
Any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit an offense under this part, or which facilitated or assisted such activity, shall be forfeited subject to the requirements of chapter 712A; provided that the court shall have the discretion to require forfeiture of the property pursuant to this section if the perpetrator of the offense was a person under the age of eighteen, regardless of whether the person owned the property. [L 2001, c 33, pt of §1; am L 2021, c 184, §3]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-895 Jurisdiction.

§708-895 Jurisdiction.
For purposes of prosecution under this part, a person who causes, by any means, the access of a computer, computer system, or computer network in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer, computer system, or computer network in each jurisdiction. [L 2001, c 33, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-895.5 Unauthorized computer access in the first degree.

§708-895.5 Unauthorized computer access in the first degree.
(1) A person commits the offense of unauthorized computer access in the first degree if the person knowingly accesses a computer, computer system, or computer network without authorization and thereby obtains information, and:
(a) The offense was committed for the purpose of commercial or private financial gain;
(b) The offense was committed in furtherance of any other crime;
(c) The value of the information obtained exceeds $20,000; or
(d) The information has been determined by statute or rule of court to require protection against unauthorized disclosure.
(2) Unauthorized computer access in the first degree is a class A felony. [L 2001, c 33, pt of §1; am L 2012, c 293, §4]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-895.6 Unauthorized computer access in the second degree.

§708-895.6 Unauthorized computer access in the second degree.
(1) A person commits the offense of unauthorized computer access in the second degree if the person knowingly accesses a computer, computer system, or computer network without authorization and thereby obtains information.
(2) Unauthorized computer access in the second degree is a class B felony. [L 2001, c 33, pt of §1; am L 2012, c 293, §5]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-8100 Fraudulent use of a credit card.

§708-8100 Fraudulent use of a credit card.
(1) A person commits the offense of fraudulent use of a credit card, if with intent to defraud the issuer, or another person or organization providing money, goods, services, or anything else of value, or any other person, the person:
(a) Uses or attempts or conspires to use, for the purpose of obtaining money, goods, services, or anything else of value a credit card obtained or retained in violation of section 708-8102 or a credit card which the person knows is forged, expired, or revoked;
(b) Obtains or attempts or conspires to obtain money, goods, services, or anything else of value by representing without the consent of the cardholder that the person is the holder of a specified card or by representing that the person is the holder of a card and such card has not in fact been issued; or
(c) Uses or attempts or conspires to use a credit card number without the consent of the cardholder for the purpose of obtaining money, goods, services, or anything else of value.
(2) Fraudulent use of a credit card is a class C felony if the value of all money, goods, services, and other things of value obtained or attempted to be obtained exceeds $300 in any six-month period. For purposes of this section, each separate use of a credit card that exceeds $300 constitutes a separate offense.
(3) Fraudulent use of a credit card is a misdemeanor, if the value of all money, goods, services, and other things of value obtained or attempted to be obtained does not exceed $300 in any six-month period.
(4) Knowledge of revocation of a credit card shall be presumed to have been received by a cardholder four days after it has been mailed to the cardholder at the address set forth on the credit card or at the last known address by registered or certified mail, return receipt requested, and, if the address is more than five hundred miles from the place of mailing, by air mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada, notice shall be presumed to have been received ten days after mailing by registered or certified mail. [L 1986, c 314, pt of §61; am L 1988, c 55, §1; am L 2006, c 230, §44]
Case Notes
Theft in the second degree is not a lesser included offense. 70 H. 434, 774 P.2d 888 (1989).