reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1014.5 Misuse of 911 emergency telephone service.

§710-1014.5 Misuse of 911 emergency telephone service.
(1) A person commits the offense of misuse of 911 emergency telephone service if the person accesses the telephone number 911 and:
(a) Knowingly causes a false alarm; or
(b) Makes a false complaint or a report of false information in reckless disregard of the risk that a public safety agency will respond by dispatching emergency services.
(2) Misuse of 911 emergency telephone service is a misdemeanor.
(3) For purposes of this section, "public safety agency" means any federal, state, or county police, fire, emergency medical service, or emergency management agency. [L 2005, c 17, §1; am L 2014, c 111, §22]
COMMENTARY ON §710-1014.5
Act 17, Session Laws 2005, established as a misdemeanor offense, the misuse of 911 emergency telephone service, when an individual accesses 911 and knowingly causes a false alarm or recklessly makes a false complaint or report. The legislature found that the Act would prevent public safety agencies from wasting their time on false alarms and ensure that legitimate emergency requests were not hampered by the abuse of the emergency system. Senate Standing Committee Report No. 1297, House Standing Committee Report No. 129.
Act 111, Session Laws 2014, which amended subsection (3), updated and recodified Hawaii's emergency management laws to conform with nationwide emergency management practices by, among other things, establishing a Hawaii emergency management agency in the state department of defense with the functions and authority currently held by the state civil defense agency; establishing the power and authority of the director of Hawaii emergency management, who will be the adjutant general, and providing the director with the functions and authority currently held by the director of civil defense; establishing county emergency management agencies, each to be under the respective county mayor's direction, with the functions and authority currently held by the local organizations for civil defense; and repealing the chapters on disaster relief [chapter 127] and the civil defense [and] emergency act [chapter 128], which were determined to be obsolete with the creation of the Hawaii emergency management agency. Conference Committee Report No. 129-14.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1015 False reporting to law-enforcement authorities. §710-1015 Commentary:

§710-1015 False reporting to law-enforcement authorities.
(1) A person commits the offense of false reporting to law-enforcement authorities if the person intentionally makes a report or causes the transmission of a report to law-enforcement authorities relating to a crime or other incident within their concern when the person knows that the information contained in the report is false.
(2) False reporting to law-enforcement authorities is a misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]
COMMENTARY ON §710-1015
The rationale behind this section is much the same as that behind §710-1014: it is undesirable that public resources be wasted, and it is possible that harm may occur from the diversion of public resources from legitimate needs.
The Model Penal Code and most recent state revisions deal with this problem directly.1 The Code avoids specific listings of what kinds of information may not be falsely related to law-enforcement authorities by penalizing all knowing transmission of false information relating to a crime or other incident within their concern. This proscription would include cases where the crime or incident did not occur and where the report pretends to furnish information which the actor does not have.
Previous Hawaii law made false reporting to a police officer concerning a crime a misdemeanor. The Code, while retaining the same penalty, broadens and clarifies the definition of the offense.
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§710-1015 Commentary:
1. M.P.C. §241.5; N.Y.R.P.L. §240.50; Prop. Del. Cr. Code §735; Prop. Mich. Rev. Cr. Code §4540; Prop. Pa. Cr. Code §2106.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1016 Impersonating a public servant. §710-1016 Commentary:

§710-1016 Impersonating a public servant.
(1) A person commits the offense of impersonating a public servant if the person pretends to be a public servant other than a law enforcement officer and engages in any conduct in that capacity with intent to deceive anyone.
(2) It is no defense to a prosecution under this section that the office the person pretended to hold did not in fact exist.
(3) Impersonating a public servant is a misdemeanor. [L 1972, c 9, pt of §1; am L 1984, c 139, §2; am L 2001, c 91, §4]
Cross References
Harassment by impersonation, see §711-1106.6.
COMMENTARY ON §710-1016
The object of this section is to prevent imposition on people by the false pretense of authority.
Previous Hawaii law recognized the offense of false personation of a government officer and imposed a possible maximum sentence of one year's imprisonment or a fine of $100.[1] The Code authorizes the same imprisonment, but a greater fine, for misdemeanors. Excluded from part II are offenses involving falsity which borders on perjury, e.g., false application or consent to marriage, false impersonation before a court.[2] These problems are dealt with directly in part VI of this chapter. Statutory protection for private fraternal organizations, by making unauthorized display of the badge or insignia of the organization a crime, is eliminated.[3] Also eliminated is the questionable distinction between the penalty which attaches to the unauthorized wearing of a police officer's uniform or badge and that which attaches to the unauthorized wearing of a uniform or badge which resembles a police officer's.4 Both situations are covered equally under this section provided other requirements are met.
SUPPLEMENTAL COMMENTARY ON §710-1016
Act 139, Session Laws 1984, amended this section to exclude the offense of impersonating a peace officer, which offense was made a class C felony.
Case Notes
Trial court properly found defendant guilty of impersonating a public servant under this section where defendant wrote and signed a letter to defendant's attorney, in the name of defendant's supervisor, requesting the attorney to ask the presiding judge to drop contempt charges against defendant. 94 H. 440 (App.), 16 P.3d 845 (2000).
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§710-1016 Commentary:
1. H.R.S. §742-2.
2. See H.R.S. §742-1.
3. Id. §742-5.
4. Compare id. § §742-3 with 742-4.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1016.3 Obtaining a government-issued identification document under false pretenses in the first degree. (1) A person commits the offense of obtaining a government-issued identification document under false pretenses in the first degree if that person, with intent to mislead a public servant and intent to facilitate a felony, obtains an identification document issued by the State or any political subdivision thereof by: (a) Making any statement, oral or in written, printed, or electronic form, that the person does not believe to be true, in an application for any identification document issued by the State or any political subdivision thereof; or (b) Submitting or inviting reliance on any statement, document, or record, in written, printed, or electronic form, that the person knows to be falsely made, completed, or altered. (2) Obtaining a government-issued identification document under false pretenses in the first degree is a class C felony. [L 2002, c 224, pt of §2; am L 2014, c 33, §3] Revision Note Section was enacted as an addition to part V but was codified to this part pursuant to §23G-15.

§710-1016.3
Obtaining a government-issued identification document under false pretenses in the first degree.
(1) A person commits the offense of obtaining a government-issued identification document under false pretenses in the first degree if that person, with intent to mislead a public servant and intent to facilitate a felony, obtains an identification document issued by the State or any political subdivision thereof by:
(a) Making any statement, oral or in written, printed, or electronic form, that the person does not believe to be true, in an application for any identification document issued by the State or any political subdivision thereof; or
(b) Submitting or inviting reliance on any statement, document, or record, in written, printed, or electronic form, that the person knows to be falsely made, completed, or altered.
(2) Obtaining a government-issued identification document under false pretenses in the first degree is a class C felony. [L 2002, c 224, pt of §2; am L 2014, c 33, §3]
Revision Note
Section was enacted as an addition to part V but was codified to this part pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1016.6 Impersonating a law enforcement officer in the first degree.

§710-1016.6 Impersonating a law enforcement officer in the first degree.
(1) A person commits the offense of impersonating a law enforcement officer in the first degree if, with intent to deceive, the person pretends to be a law enforcement officer and is armed with a firearm.
(2) Impersonating a law enforcement officer in the first degree is a class C felony. [L 1987, c 130, pt of §3]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1016.7 Impersonating a law enforcement officer in the second degree.

§710-1016.7 Impersonating a law enforcement officer in the second degree.
(1) A person commits the offense of impersonating a law enforcement officer in the second degree if, with intent to deceive, the person pretends to be a law enforcement officer.
(2) Impersonating a law enforcement officer in the second degree is a misdemeanor. [L 1987, c 130, pt of §3]
Case Notes
Police officers did not violate a civil process server's Fourth Amendment rights, because the officers had probable cause to arrest the process server for impersonating a law enforcement officer; since no constitutional violation occurred, the officers were entitled to qualified immunity. 348 F. Supp. 2d 1165 (2004).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1016.8 Presumptions.

§710-1016.8 Presumptions.
Any person other than a law enforcement officer, who wears the uniform or displays the badge or identification card of a law enforcement officer, or who wears a uniform or displays a badge or identification card resembling the uniform, badge or identification card of a law enforcement officer, or a badge or identification card purported to be a law enforcement officer's badge or identification card, shall be presumed to be pretending to be a law enforcement officer. [L 1987, c 130, pt of §3]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1016.9 Defense.

§710-1016.9 Defense.
(1) Employment by the State or a subdivision thereof or by the United States as a law enforcement officer at the time of the conduct charged is an affirmative defense to a prosecution for impersonating a law enforcement officer.
(2) It is no defense to a prosecution for impersonating a law enforcement officer that the office the person pretended to hold did not in fact exist. [L 1987, c 130, pt of §3]
COMMENTARY ON § §710-1016.6 TO 710-1016.9
Act 130, Session Laws 1987, was enacted by the legislature because it was concerned about the increase in the incidence of police impersonators. The legislature believed it was important to be able to prosecute people who intend to deceive others by impersonating law enforcement officers. Senate Conference Committee Report No. 85, House Conference Committee Report No. 60.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1017.5 Sale or manufacture of deceptive identification document; penalties.

§710-1017.5 Sale or manufacture of deceptive identification document; penalties.
(1) A person commits the offense of sale or manufacture of deceptive identification document if the person intentionally or knowingly manufactures, sells, offers for sale, furnishes, offers to be furnished, transports, offers to be transported, or imports or offers to be imported into this State a deceptive identification document.
(2) As used in this section, "deceptive identification document" means any identification document not issued by a governmental agency that purports to be, or that might deceive a reasonable person into believing that it is, an identification document issued by a governmental agency, including a driver's license, identification card, birth certificate, passport, or social security card.
(3) The sale or manufacture of a deceptive identification document is a class C felony.
(4) Any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit an offense under this section, or that facilitated or assisted such activity, shall be subject to forfeiture under chapter 712A. [L 2001, c 230, §1]
Cross References
Protection of personal information, civil remedies, see chapters 487J, 487N, and 487R.
COMMENTARY ON §710-1017.5
Act 230, Session Laws 2001, created the criminal offense of the sale or manufacture of deceptive identification documents. Testimony regarding the measure indicated that identification documents, such as driver licenses, identification cards, and birth certificates, have become prey to unscrupulous commercial enterprises that have created a market for selling falsified official identification documents. False identification documents could be used in place of authentic documents for everyday purposes, such as proof of identification, age, or citizenship. Senate Standing Committee Report No. 1131.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1018 Securing the proceeds of an offense. §710-1018 Commentary:

§710-1018 Securing the proceeds of an offense.
(1) A person commits the offense of securing the proceeds of an offense if, with intent to assist another in profiting or benefiting from the commission of a crime, he aids the person in securing the proceeds of the crime.
(2) Securing the proceeds of an offense is a class C felony if the person assisted committed a class A or B felony or murder of any degree; otherwise it is a misdemeanor. [L 1972, c 9, pt of §1; am L 1997, c 149, §5]
COMMENTARY ON §710-1018
This section is aimed at persons who aid others to accomplish the unlawful objects of their crimes, for example, by safeguarding the proceeds thereof or converting the proceeds into a negotiable form. The actor need not have the intent to hinder prosecution required under § §710-1029 and 1030. As the Model Penal Code commentary points out, there would be "a certain artificiality in proceeding on the theory of obstruction of justice [by hindering prosecution] against one who has really linked himself to the principal offense, and whose interest in frustrating detection is bound to be as much for himself as others."[1]
Previous Hawaii law was more limited than the Code and dealt only with receiving stolen goods.2 The Code deals with all acts of securing the proceeds of an offense.
SUPPLEMENTAL COMMENTARY ON §710-1018
Act 149, Session Laws 1997, amended this section to provide that securing the proceeds of an offense is a class C felony if the person assisted, committed murder of any degree. The legislature found that the offense of murder warrants punishment that is sufficient to fit the grave consequences of the crime. Senate Standing Committee Report No. 1600.
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§710-1018 Commentary:
1. M.P.C., Tentative Draft No. 9, comments at 202 (1959).
2. H.R.S. chapter 761.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1019 Destroying or defacing official notices; penalty.

§710-1019
Destroying or defacing official notices; penalty.
(1) Any person who intentionally or knowingly removes, destroys or defaces any notice posted in compliance with any statute, rule, order of court, or order of the department of health, before the expiration date of the notice, shall be guilty of a violation subject to a fine of not more than $100.
(2) Any such notice shall prominently include the expiration date and a statement, "THE DESTRUCTION, REMOVAL, OR DEFACEMENT OF THIS NOTICE PRIOR TO THE EXPIRATION DATE IS PROHIBITED BY LAW AND PUNISHABLE BY FINE." [L 1991, c 223, §1]
Revision Note
Subsections redesignated pursuant to §23G-15.
COMMENTARY ON §710-1019
Act 223, Session Laws 1991, added this section which provides a penalty for destroying or defacing official notices. The legislature felt that a protected notice should contain a statement that the destruction, removal or defacement of an official notice is prohibited by law, in order to make it clear to the public the importance of the document. Conference Committee Report No. 46.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1020 Escape in the first degree.

§710-1020 Escape in the first degree.
(1) A person commits the offense of escape in the first degree if the person intentionally employs physical force, the threat of physical force, or a dangerous instrument against the person of another in escaping from a correctional or detention facility or from custody.
(2) Escape in the first degree is a class B felony. [L 1972, c 9, pt of §1; gen ch 1993]
Case Notes
Defendant escaped from prison when defendant failed to return from furlough. 71 H. 251, 787 P.2d 690 (1990).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1022 Promoting prison contraband in the first degree.

§710-1022 Promoting prison contraband in the first degree.
(1) A person commits the offense of promoting prison contraband in the first degree if:
(a) The person intentionally conveys a dangerous instrument or drug to any person confined in a correctional or detention facility; or
(b) Being a person confined in a correctional or detention facility, the person intentionally makes, obtains, or possesses a dangerous instrument or drug.
(2) A "dangerous instrument" shall have the same meaning as defined in section 707-700; a dangerous instrument may only be possessed by or conveyed to a confined person with the facility administrator's express prior approval. A "drug" shall include dangerous drugs, detrimental drugs, harmful drugs, intoxicating compounds, marijuana, and marijuana concentrates as listed in section 712-1240; a drug may only be possessed by or conveyed to a confined person with the facility administrator's express prior approval and under medical supervision.
(3) Promoting prison contraband in the first degree is a class B felony. [L 1972, c 9, pt of §1; am L 1976, c 99, §1; am L 1986, c 339, §79; gen ch 1993]
Case Notes
As suspect classification or fundamental right was not involved, and based upon dissimilar statutory treatment generally accorded to possession of marijuana as opposed to alcohol, where there was a rational basis for dissimilar punishment, section did not violate defendant's equal protection right because it imposed a more severe penalty for marijuana possession than for alcohol possession under §710-1023. 92 H. 217 (App.), 990 P.2d 115 (1999).
Section 710-1023(1)(b) (1993) is a lesser included offense of subsection (1)(b). 92 H. 217 (App.), 990 P.2d 115 (1999).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1024 Bail jumping in the first degree.

§710-1024 Bail jumping in the first degree.
(1) A person commits the offense of bail jumping in the first degree if, having been released from custody by court order with or without bail, upon condition that the person will subsequently appear as ordered in connection with a charge of having committed a felony, the person knowingly fails to appear as ordered.
(2) Bail jumping in the first degree is a class C felony. [L 1972, c 9, pt of §1; am L 1993, c 10, §1; am L 2004, c 17, §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1026.9 Resisting an order to stop a motor vehicle in the first degree.

§710-1026.9 Resisting an order to stop a motor vehicle in the first degree.
(1) A person commits the offense of resisting an order to stop a motor vehicle in the first degree if the person:
(a) Intentionally fails to obey a direction of a law enforcement officer, acting under color of the law enforcement officer's official authority, to stop the person's motor vehicle; and
(b) While intentionally fleeing from or attempting to elude a law enforcement officer:
(i) Operates the person's motor vehicle in reckless disregard of the safety of other persons; or
(ii) Operates the person's motor vehicle in reckless disregard of the risk that the speed of the person's vehicle exceeds:
(A) The applicable state or county speed limit by thirty miles per hour or more; or
(B) Eighty miles per hour or more, irrespective of the applicable state or county speed limit.
For purposes of this section, "the applicable state or county speed limit" shall have the same meaning as in section 291C-105.
(2) Resisting an order to stop a motor vehicle in the first degree is a class C felony. [L 2016, c 231, §47]
COMMENTARY ON §710-1026.9
Act 231, Session Laws 2016, added this section to implement recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1027 Resisting an order to stop a motor vehicle in the second degree.

§710-1027 Resisting an order to stop a motor vehicle in the second degree.
(1) A person commits the offense of resisting an order to stop a motor vehicle in the second degree if the person intentionally fails to obey a direction of a law enforcement officer, acting under color of the law enforcement officer's official authority, to stop the person's vehicle.
(2) Resisting an order to stop a motor vehicle in the second degree is a misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993; am L 2001, c 91, §4; am L 2016, c 231, §48]
COMMENTARY ON §710-1027
This section is designed to deal with the special problems incident to motor vehicle direction and apprehension of suspects in motor vehicles. Note that whereas it is not made an offense to evade arrest by running away, if the attempt to escape involves a motor vehicle, this section comes into operation. One reason for this special treatment is the inherent danger involved in escape and pursuit by motor vehicle. Another reason, incident to traffic direction and control, is the desirability of giving a peace officer criminal sanctions to back up the peace officer's reasonable traffic directions.
The section specifies that the actor act intentionally. For conviction the actor must have recognized the person giving the order to be a peace officer. For the same reasons discussed in the commentary to §710-1026, it is no defense that the order given was unlawful.
Previous Hawaii law had no specific provision relating to this situation.
SUPPLEMENTAL COMMENTARY ON §710-1027
Act 231, Session Laws 2016, amended this section by changing the offense of "resisting an order to stop a motor vehicle" to "resisting an order to stop a motor vehicle in the second degree." The amendment implemented recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015).
Case Notes
Charge was fatally defective for failing to allege intent. 68 H. 586, 723 P.2d 185 (1986).
Evidence held sufficient. 1 H. App. 651, 624 P.2d 940 (1981).
Harm committed by defendant resisting an order to stop a motor vehicle under subsection (1) by driving away after traffic stop not reasonably designed to actually avoid possible serious physical harm to defendant or passenger under §703-302(1)(a). 81 H. 147 (App.), 913 P.2d 558 (1996).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1028 Hindering prosecution; definition of rendering assistance.

§710-1028 Hindering prosecution; definition of rendering assistance.
For the purposes of sections [710-1029 and 710-1030], a person renders assistance to another if he:
(1) Harbors or conceals such person;
(2) Warns such person of impending discovery, apprehension, prosecution, or conviction, except this does not apply to a warning given in connection with an effort to bring another into compliance with the law;
(3) Provides such person with money, transportation, weapon, disguise, or other means of avoiding discovery, apprehension, prosecution, or conviction;
(4) Prevents or obstructs, by means of force, deception, or intimidation, anyone from performing an act that might aid in the discovery, apprehension, prosecution, or conviction of such person; or
(5) Suppresses by an act of concealment, alteration, or destruction any physical evidence that might aid in the discovery, apprehension, prosecution, or conviction of such person. [L 1972, c 9, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1029 Hindering prosecution in the first degree.

§710-1029 Hindering prosecution in the first degree.
(1) A person commits the offense of hindering prosecution in the first degree if, with the intent to hinder the apprehension, prosecution, conviction, or punishment of another for a class A, B, or C felony or murder in any degree, the person renders assistance to the other person.
(2) Hindering prosecution in the first degree is a class C felony. [L 1972, c 9, pt of §1; am L 1997, c 149, §6]
Case Notes
Although there was insufficient evidence to support a conviction for hindering prosecution in the first degree, there was sufficient evidence adduced to convict petitioner of the lesser included offense of hindering prosecution in the second degree under §710-1030; evidence was adduced that petitioner used physical force to prevent the officers from pursuing petitioner's son, the officers were acting under the color of law, and the officers informed petitioner that they were seeking to arrest son, which was sufficient evidence that petitioner was aware of the attendant circumstance that son was being apprehended for "a crime". 121 H. 74, 214 P.3d 613 (2009).
Where there was no evidence presented that petitioner was aware of the attendant circumstance that petitioner's son committed a felony, there was an insufficient basis for petitioner's conviction of a felony under this section. 121 H. 74, 214 P.3d 613 (2009).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1031 Intimidating a correctional worker.

§710-1031 Intimidating a correctional worker.
(1) A person commits the offense of intimidation of a correctional worker if the person uses force upon or a threat of force directed to a correctional worker, or the correctional worker's immediate family, with intent to influence such worker's conduct, decision, action or abstention from action as a correctional worker.
(2) "Correctional worker", as used in this section means any employee of the State or any county who works in a correctional or detention facility, a court, a paroling authority or who by law has jurisdiction over any legally committed offender or any person placed on probation or parole.
(3) "Threat" as used in this section means any threat proscribed by section 707-764(1).
(4) Intimidation of a correctional worker is a class B felony. [L 1974, c 196, §1; am L 1980, c 267, §1; gen ch 1993]
COMMENTARY ON §710-1031
Act 196, Session Laws 1974, added this section "to provide class B felony sanctions against those persons who, by threat of harm directed to a correctional worker or his immediate family, intend to influence or deter the correctional worker in performing his duties." House Standing Committee Report No. 731-74.
The Committee Report further states: "Your Committee notes that under the present law, threatening correctional personnel would be a violation of §707-715 of the Penal Code entitled 'Terroristic threatening', a misdemeanor, or §707-724 of the Penal Code entitled 'Criminal coercion', a class C felony. Your Committee believes that the nature of the crime is such that it should be classified as a class B felony."
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1060 Perjury.

§710-1060 Perjury.
(1) A person commits the offense of perjury if in any official proceeding the person makes, under an oath required or authorized by law, a false statement which the person does not believe to be true.
(2) No person shall be convicted under this section unless the court rules that the false statement is a "materially false statement" as defined by section [710-1000]. It is not a defense that the declarant mistakenly believed the false statement to be immaterial.
(3) Perjury is a class C felony. [L 1972, c 9, pt of §1; gen ch 1993]
Case Notes
Sufficiency of indictment for perjury. 1 H. App. 510, 620 P.2d 1091 (1980).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1061 False swearing in official matters.

§710-1061 False swearing in official matters.
(1) A person commits the offense of false swearing in official matters if the person makes, under an oath required or authorized by law, a false statement which the person does not believe to be true, and:
(a) The statement is made in an official proceeding; or
(b) The statement is intended to mislead a public servant in the performance of the public servant's official duty.
(2) False swearing in official matters is a misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1062 False swearing.

§710-1062 False swearing.
(1) A person commits the offense of false swearing if the person makes, under oath required or authorized by law, a false statement which the person does not believe to be true.
(2) False swearing is a petty misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1065 Inconsistent statements. §710-1065 Commentary:

§710-1065 Inconsistent statements.
(1) Where a person has made inconsistent statements, each of which if made with the requisite state of mind and under the requisite circumstances would constitute an offense specified in this part, and both statements have been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false; it shall only be necessary for the prosecution to prove:
(a) That one or the other was false and not believed by the defendant to be true; and
(b) The attendant circumstances and states of mind necessary to constitute each statement, if false, as an offense.
(2) The most serious offense of which a person may be convicted in such an instance shall be determined by hypothetically assuming each statement to be false. If offenses of different classes or grades would be established by the making of the two statements, the person may only be convicted of the lesser class or grade. [L 1972, c 9, pt of §1]
COMMENTARY ON §710-1065
At common law, no conviction for perjury could be based upon two contradictory sworn statements, even where one of them was obviously intentionally false, unless the prosecution could prove which was the false statement.[1] The common-law rule has suffered much criticism for its apparent logical inconsistency.[2] Moreover, many recent code revisions have rejected the common-law rule.3
Accordingly, the Code adopts §710-1065, allowing prosecution on the basis of the inconsistent statements alone, provided that the requisite circumstances and culpability are also proved. The unwitting maker of contradictory statements will be protected by the requirement that the attendant circumstances and requisite state of mind be proved with regard to each statement. Note also that where two contradictory statements carry different sanctions, the declarant may only be convicted of the lesser offense under this section.
Previous Hawaii law contained no specific provisions for inconsistent statements, nor are there any reported Hawaii cases on this point.
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§710-1065 Commentary:
1. Regina v. Hughes, 1 Car. & K. 519, 527, 174 Eng. Rep. 919, 923 (1844); see generally Comment, 53 Mich. L. Rev. 1165 (1955); Perkins, Criminal Law 390 (1957).
2. See Young v. United States, 212 F.2d 236, 241, 994 U.S. App. D.C. 54 (1954), cert. denied, 347 U.S. 1015 (1954); United States v. Buckner, 118 F.2d 468 (2d Cir. 1941); A.B.A. Commission on Organized Crime Report, 50-52 (1951).
3. M.P.C. §241.1(5); Ill. Cr. Code §32-2(b); N.Y.R.P.L. §210.20; Prop. Del. Cr. Code §724; Prop. Mich. Rev. Cr. Code §4915.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1067 Corroboration. §710-1067 Commentary:

§710-1067 Corroboration.
In any prosecution under this part, except a prosecution based upon inconsistent statements pursuant to section 710-1065, falsity of a statement may not be established solely through contradiction by the testimony of a single witness. [L 1972, c 9, pt of §1]
COMMENTARY ON §710-1067
This section forbids convictions for perjury based solely upon the contradictory testimony of a single witness. Either some additional corroborating evidence or the contradictory testimony of an additional witness is needed for conviction.
The rationale for this rule is that the requirement is necessary as a safeguard to induce witnesses to testify freely.[1] Obtaining voluntary testimony in any proceeding would be difficult if the witness might be harassed upon the word of a disappointed litigant.[2] And if the witness were required to testify, it would seem that similar protection ought to be given the witness.
The policy question to be decided, then, is whether the overall protection and encouragement of persons who give statements (in the contexts specified by the offenses in this part) is worth foregoing occasionally the conviction of an apparent falsifier. The Code takes the position that it is. There is also an additional safeguard involved in protecting the innocent person. The protection rests upon the argument that since equally honest persons may well have different recollections of the same events, a conviction for a falsification offense ought not to rest upon the contradiction of two statements. Otherwise, an innocent person would be subject to prosecution every time another person, under oath, disputed the innocent person's recollection.[3]
This section would apply only to a relatively narrow class of cases which would not often be prosecuted. The section operates only where there is no evidence but the testimony of a single contradicting witness. Hence, one may view this section as a special gloss on the requirement of proof beyond a reasonable doubt, equivalent to stating that no case of a contradicting statement under oath, without more, can satisfy the general requirement of proof beyond a reasonable doubt in falsification cases.[4]
The Hawaii case law is that a person accused of perjury may be convicted only upon the testimony of two credible witnesses, or of one credible witness corroborated by other evidence sufficient to satisfy the trier of fact, beyond a reasonable doubt, as to the guilt of the accused.5 Here, the Code is essentially in accord with the Hawaii rule, but codifies it, lends it greater clarity, and extends it to all falsification offenses in this part.
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§710-1067 Commentary:
1. See United States v. Weiler, 323 U.S. 606 (1944).
2. Prop. Mich. Rev. Cr. Code §4920, comments at 402.
3. See Weiler, supra.
4. Prop. Mich. Rev. Cr. Code, comments at 403.
5. See Territory of Hawaii v. Shite, 43 Haw. 203 (1957).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1069 Misrepresenting a notarized document in the first degree.

§710-1069 Misrepresenting a notarized document in the first degree.
(1) A person commits the offense of misrepresenting a notarized document in the first degree if the person submits or invites reliance on a document that the person knows has been altered after the document had been notarized by a notary public in this or any other jurisdiction, and:
(a) The offense was committed with intent to mislead a public servant; or
(b) The offense was committed for purpose of commercial or private financial gain.
(2) Misrepresenting a notarized document in the first degree is a class C felony. [L 2008, c 175, pt of §3]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1069.5 Misrepresenting a notarized document in the second degree.

§710-1069.5 Misrepresenting a notarized document in the second degree.
(1) A person commits the offense of misrepresenting a notarized document in the second degree if, with intent to mislead another, the person submits or invites reliance on a document that the person knows has been altered after the document had been notarized by a notary public in this or any other jurisdiction.
(2) Misrepresenting a notarized document in the second degree is a misdemeanor. [L 2008, c 175, pt of §3]
COMMENTARY ON § §710-1069 AND 710-1069.5
Act 175, Session Laws 2008, added these sections, establishing criminal offenses for misrepresenting a notarized document. Act 175 deterred fraud by strengthening the laws relating to notaries and notarized documents. Conference Committee Report No. 77-08.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1071 Intimidating a witness.

§710-1071 Intimidating a witness.
(1) A person commits the offense of intimidating a witness if he uses force upon or a threat directed to a witness or a person he believes is about to be called as a witness in any official proceeding, with intent to:
(a) Influence the testimony of that person;
(b) Induce that person to avoid legal process summoning him to testify; or
(c) Induce that person to absent himself from an official proceeding to which he has been legally summoned.
(2) "Threat" as used in this section means any threat proscribed by section 707-764(1).
(3) Intimidating a witness is a class C felony. [L 1972, c 9, pt of §1; am L 1980, c 267, §2]
COMMENTARY ON §710-1071
The potential for harm involved in witness intimidation is essentially similar to that involved in the offense of bribery of a witness, e.g., the undermining of the integrity of an extremely important part of the judicial process. The definition of the offense also parallels that of bribery of a witness, and the sanctions are identical. Note, however, that only the person who directs the force or threat against the witness is guilty of a crime. "Threat," as used in this section is any threat proscribed by the offense of criminal coercion under §707-724. To some extent, it would seem that the section on criminal coercion might suffice to deal with witness intimidation, but since the intimidation of a witness carries the additional harm of interfering with an official proceeding, it seems appropriate to impose a more severe sanction for the present offense.
Previous Hawaii law had no provisions dealing specifically with the offense of witness intimidation.
Case Notes
Terroristic threatening not a lesser included offense of intimidating a witness within the meaning of §701-109(4)(a); multiple conviction of terroristic threatening and intimidating a witness not barred by §701-109(4)(c). 75 H. 517, 865 P.2d 157 (1994).
Sufficient evidence that defendant directed threats to person whom defendant believed was about to be called as a witness where defendant phoned person soon after explicit warning from police officer that such conduct could be inferred as intimidating a witness. 82 H. 419 (App.), 922 P.2d 1032 (1996).
Sufficient evidence that defendant intended to influence person's testimony by making threatening statements during phone call. 82 H. 419 (App.), 922 P.2d 1032 (1996).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1072 Tampering with a witness. §710-1072 Commentary:

§710-1072 Tampering with a witness.
(1) A person commits the offense of tampering with a witness if he intentionally engages in conduct to induce a witness or a person he believes is about to be called as a witness in any official proceeding to:
(a) Testify falsely or withhold any testimony which he is not privileged to withhold; or
(b) Absent himself from any official proceeding to which he has been legally summoned.
(2) Tampering with a witness is a misdemeanor. [L 1972, c 9, pt of §1]
COMMENTARY ON §710-1072
The social harm dealt with in this section is the same as that dealt with in the prior two sections, however, the means specified in the definition of this offense (i.e., conduct intended to induce) are not as culpable as in the former sections, hence tampering with a witness is only graded as a misdemeanor. A person who attempts to affect testimony, or the absence of it, by, e.g., persuasion or trickery, as opposed to bribery or intimidation, does not commit an offense grave enough to be condemned as a felony. However, unlike the sections on witness bribery and intimidation,[1] an attempt to induce a prospective witness to avoid process is not made an offense: this is because neither the means nor the end is illegal in itself.2
Previous Hawaii law recognized no offense equivalent to tampering with a witness. And, though it is conceivable that such conduct could have been penalized under the general contempt power of the court, there appear no reported cases on the point.
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§710-1072 Commentary:
1. § §710-1070 and 1071, respectively.
2. Prop. Mich. Rev. Cr. Code, comments at 414.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1072.2 Retaliating against a witness.

§710-1072.2 Retaliating against a witness.
(1) A person commits the offense of retaliating against a witness if the person uses force upon or threatens a witness or another person or damages the property of a witness or another person because of the attendance of the witness, or any testimony given, or any record, document, or other object produced, by the witness in an official proceeding.
(2) "Threaten" as used in this section means any threat proscribed by sections 707-764(1) and 707-764(2).
(3) Retaliating against a witness is a class C felony. [L 1981, c 156, pt of §1; gen ch 1993]
COMMENTARY ON §710-1072.2
Act 156, Session Laws 1981, enacted this section to provide additional protection to witnesses. Although the prior law penalized force or threats used against a person about to be called as a witness, it had no provisions dealing specifically with the offense of force or threats directed against a person for having served as a witness.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1072.5 Obstruction of justice.

§710-1072.5 Obstruction of justice.
(1) A person commits the offense of obstruction of justice if the person intentionally:
(a) When called as a witness and having been granted immunity pursuant to chapters 480 and 621C, before or after having been qualified as a witness, refuses to testify or be qualified as a witness when duly directed to testify or be qualified as a witness; or
(b) Influences; obstructs; impedes; or endeavors to influence, obstruct, or impede, the due administration of justice by means of force, threat of force, coercion, fraud, or deception.
(2) Obstruction of justice shall be a class C felony; provided that if the person engaged in activity under subsection (1)(b), obstruction of justice shall be a class B felony. [L 1978, c 211, §1; am L 1980, c 173, §7; gen ch 1993; am L 2023, c 137, §1]
COMMENTARY ON §710-1072.5
Act 211, Session Laws 1978, added this section to provide for the situation where a person refuses to testify or be qualified as a witness after having been granted immunity, as distinguished from the situation where, under §710-1077(h), a person refuses to testify or be qualified as a witness without a grant of immunity. Senate Conference Committee Report No. 57-78, House Conference Committee Report No. 56.
Act 173, Session Laws 1980, added the reference to chapter 480 in view of the amendments to that chapter regarding immunity.
Act 137, Session Laws 2023, amended this section to establish the class B felony offense of obstruction of justice to include intentionally influencing; obstructing; impeding; or endeavoring to influence, obstruct, or impede, the due administration of justice by means of force, threat of force, coercion, fraud, or deception. The legislature found that to improve the standard of conduct within government and to more effectively combat fraud, waste, and corruption, it was necessary to establish criminal offenses and penalties, including the offense of obstruction of justice. Additionally, the legislature found that making false statements or entries within local government could weaken democracy. As such, the legislature noted that Act 137 would restore public trust in state government and increase the level of transparency in its operations and accountability of individuals. Senate Standing Committee Report No. 1829, Conference Committee Report No. 10, Senate Standing Committee Report No. 1418.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1073 Bribery of or by a juror.

§710-1073 Bribery of or by a juror.
(1) A person commits the offense of bribing a juror if the person confers, or offers or agrees to confer, directly or indirectly, any benefit upon a juror with intent to influence the juror's vote, opinion, decision, or other action as a juror.
(2) A person is guilty of the offense of bribe receiving by a juror if the person intentionally solicits, accepts, or agrees to accept, directly or indirectly, any benefit as consideration which will influence the person's vote, opinion, decision, or other action as a juror.
(3) The offenses defined in this section are class C felonies. [L 1972, c 9, pt of §1; gen ch 1993]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1074 Intimidating a juror.

§710-1074 Intimidating a juror.
(1) A person commits the offense of intimidating a juror if the person uses force or a threat with intent to influence a juror's vote, opinion, decision, or other action as a juror.
(2) "Threat" as used in this section means any threat proscribed by section 707-764(1).
(3) Intimidating a juror is a class B felony. [L 1972, c 9, pt of §1; am L 1980, c 267, §3; gen ch 1993]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1075.5 Retaliating against a juror.

§710-1075.5 Retaliating against a juror.
(1) A person commits the offense of retaliating against a juror if the person uses force upon or threatens a juror or another person because of the vote, opinion, decision, or other action of the juror in an official proceeding.
(2) "Threaten" as used in this section means any threat proscribed in sections 707-764(1) and 707-764(2).
(3) Retaliating against a juror is a class C felony. [L 1981, c 156, pt of §1; gen ch 1993]
COMMENTARY ON §710-1075.5
Act 156, Session Laws 1981, enacted this section to provide additional protection to jurors. Although the prior law penalized force or threats used against a juror before or during a trial, it contained no provision dealing specifically with the offense of force or threats directed against a person for the person's actions as a juror, after the trial.