reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-721 Unlawful imprisonment in the first degree.

§707-721 Unlawful imprisonment in the first degree.
(1) A person commits the offense of unlawful imprisonment in the first degree if the person knowingly restrains another person under circumstances which expose the person to the risk of serious bodily injury.
(2) Unlawful imprisonment in the first degree is a class C felony. [L 1972, c 9, pt of §1; ree L 1986, c 314, §54; gen ch 1993; am L 2008, c 147, §3]
Case Notes
Defendant's prior conviction of unlawful imprisonment in the first degree, which was based on defendant's knowing restraint of victim in circumstances that exposed victim to the risk of serious bodily injury, qualified as a "crime of violence" under the residual clause of the career offender guideline, U.S.S.G. §4B1.1, and thus supported the application of an enhanced sentence for violent crime in aid of racketeering. 883 F.3d 1207 (2018).
Where noncitizen convicted of first-degree unlawful imprisonment was determined by immigration court to be removable due to a categorical "crime involving moral turpitude" (CIMT), appellate court concluded that first degree unlawful imprisonment under this section qualified as a CIMT. 943 F.3d 456 (2019).
Double jeopardy clause of Hawaii constitution barred unlawful imprisonment prosecution of defendant who had been found guilty of abuse under §709-906. 75 H. 446, 865 P.2d 150 (1994).
There was a rational basis for the jury to find defendant guilty of unlawful imprisonment in the first degree, had the jury been given the appropriate instruction. The failure to instruct the jury on a lesser included offense for which the evidence provided a rational basis warranted vacating defendant's conviction for kidnapping. 131 H. 43, 314 P.3d 120 (2013).
Under §701-109(4)(c), unlawful imprisonment in the first degree is a lesser-included offense of kidnapping because unlawful imprisonment in the first degree involves a less culpable mental state than kidnapping. 131 H. 43, 314 P.3d 120 (2013).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-726 Custodial interference in the first degree.

§707-726 Custodial interference in the first degree.
(1) A person commits the offense of custodial interference in the first degree if:
(a) The person:
(i) Intentionally or knowingly violates a court order issued pursuant to chapter 586, or intentionally or knowingly takes, entices, conceals, or detains the minor from any other person who has a right to custody pursuant to a court order, judgment, or decree; and
(ii) Removes the minor from the State;
(b) The person intentionally or knowingly takes, entices, conceals, or detains a minor less than eleven years old from that minor's lawful custodian, knowing that the person had no right to do so; or
(c) The person, in the absence of a court order determining custody or visitation rights, intentionally or knowingly takes, detains, conceals, or entices away a minor with the intent to deprive another person or a public agency of their right to custody, and removes the minor from the State.
(2) It is an affirmative defense to a prosecution under this section that the person had "good cause" for the violation of a court order issued pursuant to chapter 586, for the taking, detaining, concealing, or enticing away of the minor, or for removing the minor from the State; provided that the person asserting the affirmative defense filed a report with the clerk of the family court detailing the whereabouts of the minor, the person who took, enticed, detained, concealed, or removed the minor or child, and the circumstances of the event as soon as the filing of the report was practicable; and provided further that the person asserting the affirmative defense also filed a request for a custody order as soon as the filing of the request was practicable.
As used in this section, "good cause" means a good faith and reasonable belief that the taking, detaining, concealing, enticing away, or removing of the minor is necessary to protect the minor from immediate bodily injury.
(3) The identity and address of the person reporting under subsection (2) shall remain confidential unless the information is released pursuant to a court order.
(4) Custodial interference in the first degree is a class C felony. [L 1981, c 171, pt of §1; am L 1982, c 48, §2; am L 1984, c 138, §1; am L 1986, c 314, §55; am L 1994, c 245, §1; am L 1996, c 146, §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-733 Sexual assault in the fourth degree.

§707-733 Sexual assault in the fourth degree.
(1) A person commits the offense of sexual assault in the fourth degree if:
(a) The person knowingly subjects another person, not married to the actor, to sexual contact by compulsion or causes another person, not married to the actor, to have sexual contact with the actor by compulsion;
(b) The person knowingly exposes the person's genitals to another person under circumstances in which the actor's conduct is likely to alarm the other person or put the other person in fear of bodily injury;
(c) The person knowingly trespasses on property for the purpose of subjecting another person to surreptitious surveillance for the sexual gratification of the actor; or
(d) The person knowingly engages in or causes sexual contact with a minor who is at least sixteen years old and the person is contemporaneously acting in a professional capacity to instruct, advise, or supervise the minor; provided that:
(i) The person is not less than five years older than the minor; and
(ii) The person is not legally married to the minor.
(2) Sexual assault in the fourth degree is a misdemeanor.
(3) Whenever a court sentences a defendant for an offense under this section, the court may order the defendant to submit to a pre-sentence mental and medical examination pursuant to section 706-603. [L 1986, c 314, pt of §57; am L 1991, c 214, §1; am L 2016, c 153, §2 and c 231, §34]
Case Notes
Defendant's right to a fair trial was violated where counselor of victim-witness was allowed to place hands upon victim's shoulders while victim was testifying. 70 H. 472, 777 P.2d 240 (1989).
Sexual assault in the fourth degree and attempted sexual assault in the fourth degree are included offenses of attempted sexual assault in the second degree, within the meaning of §701-109(4)(c). 79 H. 46, 897 P.2d 973 (1995).
Evidence sufficient to establish absence of consent and thus sufficient to establish element of "compulsion". 81 H. 39, 912 P.2d 71 (1996).
Sexual assault in the fourth degree under subsection (1)(a) not an included offense of sexual assault in the third degree under §707-732(1)(b) as defined by §701-109(4). 83 H. 308, 926 P.2d 599 (1996).
Based on §701-109(4)(a), fourth degree sexual assault under subsection (1)(a) is a lesser included offense of third degree sexual assault under §707-732(1)(e). 85 H. 92 (App.), 937 P.2d 933 (1997).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-733.6 Continuous sexual assault of a minor under the age of fourteen years.

§707-733.6 Continuous sexual assault of a minor under the age of fourteen years.
(1) A person commits the offense of continuous sexual assault of a minor under the age of fourteen years if the person:
(a) Either resides in the same home with a minor under the age of fourteen years or has recurring access to the minor; and
(b) Engages in three or more acts of sexual penetration or sexual contact with the minor over a period of time, while the minor is under the age of fourteen years.
(2) To convict under this section, the trier of fact, if a jury, need unanimously agree only that the requisite number of acts have occurred; the jury need not agree on which acts constitute the requisite number.
(3) No other felony sex offense involving the same victim may be charged in the same proceeding with a charge under this section, unless the other charged offense occurred outside the period of the offense charged under this section, or the other offense is charged in the alternative. A defendant may be charged with only one count under this section, unless more than one victim is involved, in which case a separate count may be charged for each victim.
(4) Continuous sexual assault of a minor under the age of fourteen years is a class A felony. [L 2006, c 60, §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-741 Incest.

§707-741 Incest.
(1) A person commits the offense of incest if the person commits an act of sexual penetration with another who is within the degrees of consanguinity or affinity within which marriage is prohibited.
(2) Incest is a class C felony. [L 1972, c 9, pt of §1; am L 1987, c 176, §1; gen ch 1992]
Cross References
Degrees of consanguinity or affinity within which marriage is prohibited, see §572-1(1).
COMMENTARY ON §707-741
The Proposed Draft had recommended the deletion of incest as a crime. The legislature, however, decided to retain the offense and found "that sexual intercourse with another who is within the degrees of consanguinity or affinity within which marriage is prohibited by HRS §572-1 should be prohibited for the reason such marriages are prohibited." Conference Committee Report No. 2 (1972).
ADDITIONAL COMMENT
The Proposed Draft had suggested a provision ( §741 of the Proposed Draft) that no person shall be convicted of a felony upon the uncorroborated testimony of the alleged victim. The legislature rejected this concept, however, since it felt that there is little probability of corroborating evidence in the cases listed in part V. The legislature felt that the corroborating evidence requirement would prevent effective enforcement of the acts prohibited under this part. Conference Committee Report No. 2 (1972).
Case Notes
Incest is a general intent crime. 66 H. 281, 660 P.2d 522 (1983).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-753 Affirmative defense to promoting child abuse.

§707-753 Affirmative defense to promoting child abuse.
It shall be an affirmative defense to a charge of promoting child abuse in the third degree that the defendant:
(a) Possessed less than three images of child pornography; and
(b) Promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy thereof:
(i) Took reasonable steps to destroy each such image; or
(ii) Reported the matter to a law enforcement agency and afforded that agency access to each such image. [L 2002, c 200, pt of §1]
COMMENTARY ON § §707-752 AND 707-753
Act 200, Session Laws 2002, added these sections to add the offense of third degree promoting child abuse that prohibits the knowing possession of child pornography and to provide an affirmative defense to [promoting] child abuse that includes cooperation with law enforcement or destruction of the child pornography. House Standing Committee Report No. 417-02.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-757 Electronic enticement of a child in the second degree.

§707-757
Electronic enticement of a child in the second degree.
(1) Any person who, using a computer or any other electronic device:
(a) Intentionally or knowingly communicates:
(i) With a minor known by the person to be under the age of eighteen years;
(ii) With another person, in reckless disregard of the risk that the other person is under the age of eighteen years, and the other person is under the age of eighteen years; or
(iii) With another person who represents that person to be under the age of eighteen years;
(b) With the intent to promote or facilitate the commission of a felony, agrees to meet with the minor, or with another person who represents that person to be a minor under the age of eighteen years; and
(c) Intentionally or knowingly travels to the agreed upon meeting place at the agreed upon meeting time;
is guilty of electronic enticement of a child in the second degree.
(2) Electronic enticement of a child in the second degree is a class C felony. Notwithstanding any law to the contrary, if a person sentenced under this section is sentenced to probation rather than an indeterminate term of imprisonment, the terms and conditions of probation shall include, but not be limited to, a term of imprisonment of one year. [L 2002, c 200, pt of §1; am L 2006, c 80, §3]
Revision Note
In subsection (1)(a)(iii), "and" deleted pursuant to §23G-15.
Case Notes
Discussed: 134 H. 515, 345 P.3d 181 (2015).
COMMENTARY ON § §707-756 AND 707-757
Act 200, Session Laws 2002, added these sections to create criminal offenses relating to electronic enticement of a child. The legislature found that Act 200 addressed the problem of utilizing computer technology in committing crimes against children. Conference Committee Report No. 36-02.
Act 80, Session Laws 2006, amended § §707-756 and 707-757 to mandate at least one year of incarceration for defendants convicted of electronic enticement of a child. Act 80 provided a means to ensure the safety of Hawaii's children, enhance enforcement efforts, and impose significant penalties against those who prey on the most vulnerable members of the community. Conference Committee Report No. 10-06.
Act 80, Session Laws 2008, amended §707-756 to clarify the element of electronic enticement of a child in the first degree pertaining to the intent to promote or facilitate the commission of another crime. Conference Committee Report No. 82-08.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-759 Indecent electronic display to a child.

§707-759 Indecent electronic display to a child.
(1) Any person who intentionally masturbates or intentionally exposes the genitals in a lewd or lascivious manner live over a computer online service, internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or other electronic device by:
(a) A minor known by the person to be under the age of eighteen years;
(b) Another person, in reckless disregard of the risk that the other person is under the age of eighteen years, and the other person is under the age of eighteen years; or
(c) Another person who represents that person to be under the age of eighteen years,
is guilty of indecent electronic display to a child.
(2) Indecent electronic display to a child is a misdemeanor. [L 2008, c 80, §1]
COMMENTARY ON §707-759
Act 80, Session Laws 2008, added this section, establishing a new offense to address a specific form of grooming conduct by child predators involving masturbation or the lewd or lascivious exposure of the predator's genitals over the computer for view by a minor. The legislature found that with the widespread use and acceptance of the Internet and computers as tools for social networking and the anonymity they appeared to provide, children and teens are at a greater risk for victimization by persons who seek out minors for sexual purposes. Online predators abuse modern day technology to covertly invade what is considered to be the most secure of places, the home. Conference Committee Report No. 82-08, Senate Standing Committee Report No. 3407.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-760 Definitions.

§707-760 Definitions.
For the purposes of this part:
"An extortionate means" is any means which involves the use, or an express or implicit threat of the use, of violence or other criminal means to cause harm to the person, reputation, or property of any person.
"Creditor", with reference to any given extension of credit, refers to any person making that extension of credit, or to any person claiming by, under, or through any person making that extension of credit.
"Debtor", with reference to any given extension of credit, refers to any person to whom that extension of credit is made, or to any person who guarantees the repayment of that extension of credit, or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person to whom that extension of credit is made to repay the same.
"Repayment of any extension of credit" includes the repayment, satisfaction, or discharge in whole or in part of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.
"To collect an extension of credit" means to induce in any way any person to make repayment thereof.
"To extend credit" means to make or renew any loan or to enter into any agreement, tacit or express, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or will be deferred. [L 1979, c 106, pt of §1; am L 1980, c 232, §38]
Revision Note
Numeric designations deleted pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-761 Extortionate extension of credit; prima facie evidence.

§707-761 Extortionate extension of credit; prima facie evidence.
(1) An extortionate extension of credit is any extension of credit with respect to which it is the understanding of the creditor and the debtor at the time it is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person.
(2) In any prosecution under this part, if it is shown that all of the following factors were present in connection with the extension of credit in question, there is prima facie evidence that the extension of credit was extortionate, but this section is nonexclusive and in no way limits the effect or applicability of subsection (1):
(a) The repayment of the extension of credit, or the performance of any promise given in consideration thereof, would be unenforceable, through civil judicial processes against the debtor:
(i) In the jurisdiction within which the debtor, if a natural person, resided; or
(ii) In every jurisdiction within which the debtor, if other than a natural person, was incorporated or qualified to do business at the time the extension of credit was made;
(b) The extension of credit was made at a rate of interest in excess of a yearly rate of forty-five per cent calculated according to the actuarial method of allocating payments made on a debt between principal and interest, pursuant to which payment is applied first to the accumulated interest and the balance applied to the unpaid principal;
(c) At the time the extension of credit was made, the debtor reasonably believed that either:
(i) One or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means, or the nonrepayment thereof had been punished by extortionate means; or
(ii) The creditor had a reputation for the use of extortionate means to collect extensions of credit or to punish the nonrepayment thereof;
(d) Upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstanding, including any unpaid interest or similar charges, exceeded $100.
(3) In any prosecution under this part, if evidence has been introduced tending to show the existence of any of the circumstances described in subparagraph (2)(a) or (2)(b) of this section, and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing the understanding of the debtor and the creditor at the time the extension of credit was made, the court may in its discretion allow evidence to be introduced tending to show the reputation as to collection practices of the creditor in any community of which the debtor was a member at the time of the extension. [L 1979, c 106, pt of §1; am L 1980, c 232, §38]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-762 Financing extortionate extensions of credit.

§707-762 Financing extortionate extensions of credit.
"Financing extortionate extensions of credit" includes wilfully advancing money or property, whether as a gift, as a loan, as an investment, pursuant to a partnership or profit-sharing agreement, or otherwise to any person, with reasonable grounds to believe that it is the intention of that person to use the money or property so advanced directly or indirectly for the purpose of making extortionate extensions of credit. [L 1979, c 106, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-763 Collection of extensions of credit by extortionate means.

§707-763 Collection of extensions of credit by extortionate means.
(1) "Collection of extensions of credit by extortionate means" includes knowingly participating in any way, or conspiring to do so, in the use of any extortionate means:
(a) To collect or attempt to collect any extension of credit; or
(b) To punish any person for the nonrepayment thereof.
(2) In any prosecution under this part, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means or that the nonrepayment thereof was punished by extortionate means.
(3) In any prosecution under this part, if evidence has been introduced tending to show the existence, at the time the extension of credit in question was made, of the circumstances described in subsection (2)(a) or subsection (2)(b) of section 707-761 and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing that words or other means of communication, shown to have been employed as a means of collection, in fact carried an express or implicit threat, the court may in its discretion allow evidence to be introduced tending to show the reputation of the defendant in any community of which the person against whom the alleged threat was made was a member at the time of collection or attempt at collection. [L 1979, c 106, pt of §1; am L 1980, c 232, §39]
COMMENTARY ON § §707-760 TO 707-763
Act 106, Session Laws 1979, established these sections to extend Hawaii's extortion laws to prohibit extortionate credit transactions.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-765 Extortion in the first degree.

§707-765 Extortion in the first degree.
(1) A person commits the offense of extortion in the first degree if the person commits extortion:
(a) Of property, labor, or services the value of which exceeds $200 in total during any twelve-month period; or
(b) By making or financing any extortionate extension of credit, or by collecting any extension of credit by extortionate means.
(2) Extortion in the first degree is a class B felony. [L 1979, c 106, pt of §1; gen ch 1993; am L 2008, c 147, §5]
Case Notes
Evidence sufficient to convict defendant under this section; evidence showed that victim borrowed $1,100 from brother and gave it to defendant; when victim borrowed the money, it became victim's money. 103 H. 68 (App.), 79 P.3d 686 (2003).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-766 Extortion in the second degree.

§707-766 Extortion in the second degree.
(1) A person commits the offense of extortion in the second degree if the person commits extortion:
(a) Of property, labor, or services the value of which exceeds $50 during any twelve-month period; or
(b) As set forth in section 707-764(2).
(2) Extortion in the second degree is a class C felony. [L 1979, c 106, pt of §1; am L 1993, c 28, §1; am L 2008, c 147, §6]
Case Notes
Terroristic threatening in the second degree is not a lesser included offense of attempted extortion in the second degree. 70 H. 456, 776 P.2d 392 (1989).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-767 Extortion in the third degree.

§707-767 Extortion in the third degree.
(1) A person commits the offense of extortion in the third degree if the person commits extortion of property, labor, or services.
(2) Extortion in the third degree is a misdemeanor. [L 1979, c 106, pt of §1; gen ch 1993; am L 2008, c 147, §7]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-768 Firearms, explosives, and dangerous weapons.

§707-768 Firearms, explosives, and dangerous weapons.
Extortion in any degree is a class A felony when a firearm, explosive, or any dangerous weapon is immediately available and is physically used as part of the threat. [L 1979, c 106, pt of §1]
Cross References
Firearms; dangerous weapons, see § §134-1 and 134-51.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-780 Definitions.

§707-780 Definitions.
As used in this part:
"Deadly force" has the same meaning as in section 703-300.
"Force" has the same meaning as in section 703-300.
"Labor" means work of economic or financial value. Prostitution-related and obscenity-related activities as set forth in chapter 712 are not forms of "labor" under this part.
"Services" means a relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor or a third party. Prostitution-related and obscenity-related activities as set forth in chapter 712 are not forms of "services" under this part.
"Unlawful force" has the same meaning as in section 703-300.
"Venture" means a business relationship between two or more parties to undertake economic activity together.
"Victim" means the person against whom an offense specified in section 707-781 or 707-782 has been committed. [L 2011, c 146, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-781 Labor trafficking in the first degree.

§707-781 Labor trafficking in the first degree.
(1) A person commits the offense of labor trafficking in the first degree if the person intentionally or knowingly provides or obtains, or attempts to provide or obtain, another person for labor or services by any of the following means committed against the other person:
(a) Any of the acts constituting extortion as described in section 707-764, except that for purposes of this paragraph "labor" and "services" shall be as defined in section 707-780;
(b) The acts constituting kidnapping as described in section 707-720(1)(a) through (g), except that for purposes of this paragraph "labor" and "services" shall be as defined in section 707-780;
(c) The acts described in section 707-721(1) or 707-722, relating to unlawful imprisonment;
(d) The acts described in section 707-730, 707-731, or 707-732, relating to sexual assault in the first, second, or third degree;
(e) Force, deadly force, or unlawful force;
(f) The acts described in the definition of deception pursuant to section 708-800, or fraud, which means making material false statements, misstatements, or omissions to induce or maintain the person to engage or continue to engage in the labor or services;
(g) Requiring that labor or services be performed to retire, repay, or service a real or purported debt, if performing the labor or services is the exclusive method allowed to retire, repay, or service the debt and the indebted person is required to repay the debt with direct labor in place of currency; provided that this shall not include labor or services performed by a child for the child's parent or guardian;
(h) The acts described in either section 707-710, 707-711, or 707-712, relating to assault;
(i) Withholding any of the person's government-issued identification documents with the intent to impede the movement of the person;
(j) Using any scheme, plan, or pattern intended to cause the person to believe that if the person did not perform the labor or services, then the person or a friend or a member of the person's family would suffer serious harm, serious financial loss, or physical restraint; or
(k) Using or threatening to use any form of domination, restraint, or control over the person which, given the totality of the circumstances, would have the reasonably foreseeable effect of causing the person to engage in or to remain engaged in the labor or services.
(2) Labor trafficking in the first degree is a class A felony. [L 2011, c 146, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-782 Labor trafficking in the second degree.

§707-782 Labor trafficking in the second degree.
(1) A person commits the offense of labor trafficking in the second degree if the person knowingly:
(a) Acts as an individual or uses a licensed business or business enterprise to aid another in a venture knowing that the other person in that venture is committing the offense of labor trafficking in the first degree; or
(b) Benefits, financially or by receiving something of value, from participation in a venture knowing or in reckless disregard of the fact that another person has engaged in any act described in paragraph (a) in the course of that venture or that another person in that venture is committing the offense of labor trafficking in the first degree.
(2) Labor trafficking in the second degree is a class B felony; provided that if a violation of subsection (1) involves kidnapping or an attempt to kidnap, sexual assault in the first, second, or third degree, or the attempt to commit sexual assault in the first, second, or third degree, or an attempt to cause the death of a person, or if a death results, the offense shall be a class A felony.
(3) Upon conviction of a defendant for an offense under subsection (1), the court shall also order that any and all business licenses issued by the State be revoked for the business or enterprise that the defendant used to aid in the offense of labor trafficking in the second degree; provided that the court, in its discretion, may reinstate a business license upon petition to the court by any remaining owner or partner of the business or enterprise who was not convicted of an offense under this section or section 707-781. [L 2011, c 146, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-783 Additional sentencing considerations; victims held in servitude.

§707-783 Additional sentencing considerations; victims held in servitude.
In addition to the factors set forth in sections 706-606 and 706-621, when determining the particular sentence to be imposed on a defendant convicted under section 707-781 or 707-782, the court shall consider:
(a) The time for which the victim was held in servitude; and
(b) The number of victims involved in the offense for which the defendant is convicted. [L 2011, c 146, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-784 Extended terms of imprisonment; labor trafficking offenses.

§707-784 Extended terms of imprisonment; labor trafficking offenses.
If a person is found guilty of a violation under section 707-781 or 707-782 and the victim of the offense suffered bodily injury, the person may be sentenced to an extended indeterminate term of imprisonment as described in this section. Subject to the procedures set forth in section 706-664, the court may impose, in addition to the indeterminate term of imprisonment provided for the grade of offense, an additional indeterminate term of imprisonment as follows:
(a) Bodily injury €“ an additional two years of imprisonment;
(b) Substantial bodily injury €“ an additional five years of imprisonment;
(c) Serious bodily injury €“ an additional fifteen years of imprisonment; or
(d) If death results, the defendant shall be sentenced in accordance with the homicide statute relevant for the level of criminal intent.
When ordering an extended term sentence, the court shall impose the maximum length of imprisonment. The minimum length of imprisonment for an extended term sentence under paragraph (a), (b), (c), or (d) shall be determined by the Hawaii paroling authority in accordance with section 706-669. [L 2011, c 146, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-785 Restitution for victims of labor trafficking.

§707-785 Restitution for victims of labor trafficking.
(1)
In addition to any other penalty, and notwithstanding a victim's failure to request restitution under section 706-646(2), the court shall order restitution to be paid to the victim, consisting of an amount that is the greater of:
(a) The total gross income or value to the defendant of the victim's labor or services; or
(b) The value of the victim's labor or services, as guaranteed under the minimum wage provisions of chapter 387 or the Fair Labor Standards Act of 1938, Public Law 75-718, title 29 United States Code sections 201 through 219, inclusive, whichever is greater.
(2) The return of the victim to the victim's home country or other absence of the victim from the jurisdiction shall not relieve the defendant of the defendant's restitution obligation. [L 2011, c 146, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-786 Nonpayment of wages.

§707-786 Nonpayment of wages.
(1) A person commits the offense of nonpayment of wages if the person, in the capacity as an employer of an employee, intentionally or knowingly or with intent to defraud fails or refuses to pay wages to the employee, except where required by federal or state statute or by court process. In addition to any other penalty, a person convicted of nonpayment of wages shall be fined not less than $2,000 nor more than $10,000 for each offense.
(2) Nonpayment of wages is:
(a) A class C felony, if the amount owed to the employee is equal to or greater than $2,000 or if the defendant convicted of nonpayment of wages falsely denies the amount or validity of the wages owed; or
(b) A misdemeanor, if the amount owed to the employee is less than $2,000.
(3) A person commits a separate offense under this section for each pay period during which the employee earned wages that the person failed or refused to pay the employee. If no set pay periods were agreed upon between the person and the employee at the time the employee commenced the work, then each "pay period" shall be deemed to be bi-weekly.
(4) In addition to any other penalty, the court shall order restitution to be paid to the employee, consisting of an amount that is the greater of:
(a) The wages earned by the employee that were unpaid by the person convicted of nonpayment of wages; or
(b) The value of the employee's labor or services, as guaranteed under the minimum wage provisions of chapter 387 or the Fair Labor Standards Act of 1938, Public Law 75-718, title 29 United States Code sections 201 through 219, inclusive, whichever is greater.
(5) An employee who is the victim of nonpayment of wages may bring a civil action to recover all wages owed by the defendant convicted of nonpayment of wages.
(6) For purposes of this section:
"Employee" means any person working for another for hire, including an individual employed in domestic service or at a family's or person's home, any individual employed by the individual's spouse, or by an independent contractor.
"Person" includes any individual, partnership, association, joint-stock company, trust, corporation, the personal representative of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, employing any persons, but shall not include the United States.
"Wages" means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation. [L 2011, c 146, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 707. Offenses Against the Person › 707-787 Unlawful conduct with respect to documents.

§707-787 Unlawful conduct with respect to documents.
(1) A person commits unlawful conduct with respect to documents if the person knowingly:
(a) Destroys, conceals, removes, confiscates, or possesses any actual or purported government identification document of another person:
(i) In the course of a violation or attempt to commit an offense under section 707-781 or 707-782; or
(ii) To prevent or restrict, or in an attempt to prevent or restrict, without lawful authority, the ability of the other person to move or travel in order to maintain the labor or services of the other person, when the person is or has been the victim of an offense under section 707-781 or 707-782; or
(b) Destroys, conceals, removes, or confiscates any actual or purported government identification document of an employee.
(2) Unlawful conduct with respect to documents is a class C felony. [L 2011, c 146, pt of §1]
COMMENTARY ON § §707-780 TO 707-787
Act 146, Session Laws 2011, established, among other things, a class A and class B felony offense for labor trafficking, an offense for nonpayment of wages, and an offense for unlawful conduct with respect to documents. The legislature found that Hawaii is one of only five states without a specific labor trafficking statute, yet labor trafficking has occurred at an unprecedented level in the State. Act 146 sent an unmistakable warning to individuals and entities engaged in labor trafficking and provided a clearer and more structured means for law enforcement agencies to protect and aid trafficking victims. Also, Act 146 would be a catalyst for law enforcement agencies, service providers, and other state agencies and community organizations to engage in needed training and education on labor trafficking. Conference Committee Report No. 77.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-802 Property recovered in offenses against property rights.

§708-802 Property recovered in offenses against property rights.
Identification of an item of property recovered for violation of chapter 708, may be made by photographing the item and authentication of the content of the photograph. Such photograph shall be deemed competent evidence of the item photographed and admissible in any proceeding, hearing, or trial for violation of the chapter.
Provided, however, that nothing in this section shall be construed to limit or to restrict the application of rule 901 of the Hawaii rules of evidence. [L 1981, c 124, §1; am L 1990, c 194, §1]
COMMENTARY ON §708-802
Act 124, Session Laws 1981, added this section to enable victims of burglary, theft, and related offenses to obtain the quick return of their property recovered by the police and at the same time to insure the availability of competent evidence at trial.
Act 194, Session Laws 1990, amended this section to expand the type of property which may be photographed for evidence in a court proceeding. The legislature felt this amendment would allow victims of property crimes, not previously covered, to obtain their property quickly from the police. House Standing Committee Report No. 1186-90.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-812.5 Burglary offenses; intent to commit therein a crime against a person or against property rights.

§708-812.5 Burglary offenses; intent to commit therein a crime against a person or against property rights.
A person engages in conduct "with intent to commit therein a crime against a person or against property rights" if the person formed the intent to commit within the building a crime against a person or property rights before, during, or after unlawful entry into the building. [L 2006, c 230, pt of §2]
COMMENTARY ON §708-812.5
Act 230, Session Laws 2006, added this section, defining the phrase "with intent to commit therein a crime against a person or against property rights."
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-812.6 Unauthorized entry in a dwelling in the second degree.

§708-812.6 Unauthorized entry in a dwelling in the second degree.
(1) A person commits the offense of unauthorized entry in a dwelling in the second degree if the person intentionally or knowingly enters unlawfully into a dwelling and another person was lawfully present in the dwelling.
(2) Unauthorized entry in a dwelling in the second degree is a class C felony.
(3) It shall be an affirmative defense that reduces this offense to a misdemeanor that, at the time of the unlawful entry:
(a) There was a social gathering of invited guests at the dwelling the defendant entered;
(b) The defendant intended to join the social gathering; and
(c) The defendant had no intent to commit any unlawful act other than the entry. [L 2006, c 230, pt of §2; am L 2011, c 187, §3]
COMMENTARY ON §708-812.6
Act 230, Session Laws 2006, added this section, creating the offense of unauthorized entry in a dwelling. The offense is a class C felony, which may be reduced to a misdemeanor.
Act 187, Session Laws 2011, redesignated the offense of unauthorized entry in a dwelling as a second degree offense. The legislature also repealed the element of reckless disregard of the risk that another person was lawfully present in the dwelling, with the intent that the presence of a person lawfully present in the dwelling shall be a strict liability element, and for purposes of prosecuting the offense, it shall not be necessary to prove that a defendant knew or had any reason to know that someone else was lawfully in the dwelling. Conference Committee Report No. 32.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-813 Criminal trespass in the first degree.

§708-813 Criminal trespass in the first degree.
(1) A person commits the offense of criminal trespass in the first degree if:
(a) That person knowingly enters or remains unlawfully:
(i) In a dwelling; or
(ii) In or upon the premises of a hotel or apartment building;
(b) That person:
(i) Knowingly enters or remains unlawfully in or upon premises that are fenced or enclosed in a manner designed to exclude intruders; and
(ii) Is in possession of a firearm, as defined in section 134-1, at the time of the intrusion; or
(c) That person enters or remains unlawfully in or upon the premises of any public school as defined in section 302A-101, or any private school, after reasonable warning or request to leave by school authorities or a police officer; provided however, such warning or request to leave shall be unnecessary between 10:00 p.m. and 5:00 a.m.
(2) Subsection (1) shall not apply to:
(a) A process server who enters or remains in or upon the land or premises of another, unless the land or premises are secured with a fence and locked gate, for the purpose of making a good faith attempt to perform their legal duties and to serve process upon any of the following:
(i) An owner or occupant of the land or premises;
(ii) An agent of the owner or occupant of the land or premises; or
(iii) A lessee of the land or premises; or
(b) A professional land surveyor, or assistant under the direct supervision of the professional land surveyor, who enters or remains in or upon the land or premises of another for the purpose of performing land surveying at the request of the landowner of, or person with an interest in, the real property to be surveyed.
(3) As used in this section, "process server" means any person authorized under the Hawaii rules of civil procedure, district court rules of civil procedure, Hawaii family court rules, or section 353C-10 to serve process.
(4) Criminal trespass in the first degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1974, c 55, §1; am L 1975, c 32, §1; am L 1981, c 177, §1; am L 1996, c 89, §18; am L 2000, c 200, §1; am L 2015, c 101, §2; am L 2023, c 209, §3]
Note
Section 353C-10 referred to in subsection (3) is repealed.
Law Journals and Reviews
Up In The Air: The Status & Future of Drone Regulation in Hawai`i. 40 UH L. Rev. 307 (2017).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-814.5 Criminal trespass onto public parks and recreational grounds.

§708-814.5 Criminal trespass onto public parks and recreational grounds.
(1) A person commits the offense of criminal trespass onto public parks and recreational grounds if the person remains unlawfully in or upon a public park or recreational ground after a request to leave is made by any law enforcement officer, when the request is based upon violation by the person of any term of use specified on a sign or notice posted on the property, or based on violation of any term of use contained in, or the expiration of, any permit relating to the person's presence on the property.
(2) For the purposes of this section, unless the context requires otherwise:
"Law enforcement officer" has the same meaning as in section 710-1000.
"Public park or recreational ground" means any park, park roadway, playground, athletic field, beach, shore, beach or shore right-of-way, tennis court, golf course, swimming pool, or other recreational area or facility under control, maintenance, and management of the State or any of the counties.
(3) Criminal trespass onto public parks and recreational grounds is a petty misdemeanor. [L 2005, c 212, §2]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-814.8 Enforcement of trespass laws on public land.

§708-814.8 Enforcement of trespass laws on public land.
When trespass involves public land, any state or county law enforcement officer may enforce the trespass laws of this part without regard to whether the land is owned by the State or by a county; provided that nothing in this section shall be construed to alter the existing responsibility of law enforcement officers to enforce, as applicable, the laws of the State, or to alter the respective jurisdictional boundaries observed by state and county law enforcement officers. Nothing contained in this section shall diminish, alter, or amend any existing rights, privileges, or practices of the Native Hawaiian people; nor shall the obligations of the State to the Native Hawaiian people be absolved. [L 2023, c 228, §1]