reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-8100.5 Fraudulent encoding of a credit card. (1) A person commits the offense of fraudulent encoding of a credit card if, with the intent to defraud the issuer, or another person or organization providing money, goods, services or anything else of value, the person: (a) Intentionally changes, alters, erases, adds, creates, tampers with, or manipulates a credit card number by encoding credit card numbers onto the magnetic strip of the credit card; (b) Knowingly uses, utters, or offers a credit card with changed, altered, erased, added, tampered with, or manipulated magnetically or electronically encoded credit numbers on the magnetic strip of a credit card for the purpose of obtaining money, goods, services, or anything else of value; or (c) Knowingly sells, or distributes any credit card with changed, altered, erased, added, tampered with, or manipulated magnetically or electronically encoded credit card numbers on the magnetic strip of the credit card. (2) Fraudulent encoding of a credit card is a class B felony. [L 1993, c 287, §2]

§708-8100.5
Fraudulent encoding of a credit card.
(1) A person commits the offense of fraudulent encoding of a credit card if, with the intent to defraud the issuer, or another person or organization providing money, goods, services or anything else of value, the person:
(a) Intentionally changes, alters, erases, adds, creates, tampers with, or manipulates a credit card number by encoding credit card numbers onto the magnetic strip of the credit card;
(b) Knowingly uses, utters, or offers a credit card with changed, altered, erased, added, tampered with, or manipulated magnetically or electronically encoded credit numbers on the magnetic strip of a credit card for the purpose of obtaining money, goods, services, or anything else of value; or
(c) Knowingly sells, or distributes any credit card with changed, altered, erased, added, tampered with, or manipulated magnetically or electronically encoded credit card numbers on the magnetic strip of the credit card.
(2) Fraudulent encoding of a credit card is a class B felony. [L 1993, c 287, §2]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-8101 Making a false statement to procure issuance of a credit card.

§708-8101 Making a false statement to procure issuance of a credit card.
(1) A person commits the offense of making a false statement to procure issuance of a credit card if the person makes or causes to be made, either directly or indirectly, any false statement in writing, knowing it to be false and with intent that it be relied on, respecting the person's identity or that of any other person, firm, or corporation, for the purpose of procuring the issuance of a credit card.
(2) Making a false statement to procure issuance of a credit card is a misdemeanor. [L 1986, c 314, pt of §61]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-8103 Credit card fraud by a provider of goods or services.

§708-8103 Credit card fraud by a provider of goods or services.
(1) A person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a credit card by the cardholder, or any agent or employees of such person, who, with intent to defraud the issuer or cardholder, furnishes money, goods, services, or anything else of value upon presentation of a credit card obtained or retained in violation of section 708-8102 or a credit card which the person knows is forged, expired, or revoked commits the offense of credit card fraud by a provider of goods or services.
(2) A person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a credit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer or the cardholder, fails to furnish money, goods, services, or anything else of value which the person represents in writing to the issuer that the person has furnished commits the offense of credit card fraud by a provider of goods or services.
(3) Credit card fraud by a provider of goods or services is a class C felony. [L 1986, c 314, pt of §61]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-8104 Possession of unauthorized credit card machinery or incomplete cards.

§708-8104 Possession of unauthorized credit card machinery or incomplete cards.
(1) A person other than the cardholder possessing an incomplete credit card, with intent to complete it without the consent of the issuer or a person possessing, with knowledge of its character, machinery, plates, or any other contrivance designed to reproduce instruments purporting to be the credit cards of the issuer who has not consented to the preparation of such credit cards, commits the offense of possession of unauthorized credit card machinery or incomplete cards.
A credit card is incomplete if part of the matter other than the signature of the cardholder, which an issuer requires to appear on the credit card, before it can be used by a cardholder, has not yet been stamped, embossed, imprinted, or written on it.
If a person other than the cardholder or issuer possesses two or more incomplete credit cards, it is prima facie evidence that the person intended to complete them without the consent of the owner.
(2) Possession of unauthorized credit card machinery or incomplete cards is a class C felony. [L 1986, c 314, pt of §61]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-8105 Credit card lists prohibited; penalty.

§708-8105 Credit card lists prohibited; penalty.
(1) It is unlawful for any person, business, corporation, partnership, or other agency to make available, lend, donate, or sell any list or portion of a list of any credit cardholders and their addresses and account numbers to any third party without the express written permission of the issuer and the cardholders; except that a credit card issuer may make a list of its cardholders, including names, addresses, and account numbers, available, without the permission of the cardholders, to a third party pursuant to a contract, if the contract contains language requiring the third party to bind through contract each of its subcontractors by including language prohibiting the divulging of any part of the list for any purpose by the subcontractors except to fulfill and service orders pursuant to the contract between the credit card issuer and the authorized third party.
Notwithstanding any contrary provision of this section, a "consumer reporting agency", as that term is defined by the Fair Credit Reporting Act, Public Law No. 91-508, may provide lists of credit account names, addresses, and account numbers to third parties pursuant to that Act. Nothing in this section shall make unlawful or otherwise prohibit the transmittal of any such information to or from a "consumer reporting agency", as that term is defined in the Fair Credit Reporting Act, or a "debt collector", as that term is defined in the Fair Debt Collection Practices Act, Public Law No. 95-109. Notwithstanding the provisions of this section, it is lawful for any corporation to make available, lend, donate, or sell any list or portion of a list of any credit cardholders and their addresses and account numbers to a subsidiary or the parent corporation of such corporation or to another subsidiary of the common parent corporation.
(2) Violation of this section is a misdemeanor. [L 1986, c 314, pt of §61]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-8106 Defenses not available.

§708-8106 Defenses not available.
In any prosecution for violation of this part, the prosecution is not required to establish and it is no defense:
(1) That a person other than the defendant who violated this part has not been convicted, apprehended, or identified; or
(2) That some of the acts constituting the offense did not occur in this State or were not a crime or element of a crime where they did occur. [L 1986, c 314, pt of §61]
COMMENTARY ON § §708-8100 TO 708-8106
Act 314, Session Laws 1986, incorporated into the Code the credit card offenses previously included under chapter 851. Apart from this change, credit card offense penalties were made more severe in recognition of the increase in the criminal abuse of credit cards. Also, Act 314 barred the disclosure of credit cardholder lists, except in limited circumstances, because the procurement from stores and credit bureaus of those lists increases the likelihood of credit card fraud and theft. Senate Standing Committee Report No. 820-86, Conference Committee Report No. 51-86.
Act 55, Session Laws 1988, amended §708-8100 by lowering the value of money, goods, and services, required as an element of credit card fraud in the class C felony category, from $500 to $300. This amendment makes this section uniform with similar statutory crimes. House Standing Committee Report No. 1173-88.
Act 287, Session Laws 1993, added §708-8100.5 to provide criminal sanctions for the fraudulent encoding of a credit card. The legislature found that criminal elements are now capable of changing the magnetic encoding on a credit card to match a usable code and then use the card without detection, resulting in tremendous potential loss to the State's commerce. The legislature further found that because this type of crime is more serious and sophisticated than simple credit card fraud or simple theft and the potential for economic loss is so great, classification of this offense as a class B felony is appropriate. Conference Committee Report No. 102.
Act 230, Session Laws 2006, amended §708-8100(2) to provide that each separate use of a stolen credit card that exceeds $300 can be charged as a separate incident. House Standing Committee Report No. 665-06.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-8200 Cable television service fraud in the first degree.

§708-8200 Cable television service fraud in the first degree.
(1) A person commits cable television service fraud in the first degree if the person knowingly:
(a) Distributes written instructions or plans to make or assemble a cable television service device and knows that the written plans or instructions are intended to be used to make or assemble a device to obtain cable television service without payment of applicable charges; or
(b) Distributes a cable television service device and knows that the device is intended to be used to obtain cable television service without payment of applicable charges.
(2) Cable television service fraud in the first degree is a class C felony. [L 1987, c 268, pt of §2; am L 1988, c 300, §1; am L 1989, c 261, §19]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-8201 Cable television service fraud in the second degree.

§708-8201 Cable television service fraud in the second degree.
(1) A person commits the offense of cable television service fraud in the second degree if the person knowingly:
(a) Possesses a cable television service device with the intent to obtain cable television service without payment of applicable charges; or
(b) Possesses written instructions or plans to make or assemble a cable television service device with the intent to use the written plans or instructions to make or assemble a device to obtain cable television service without payment of applicable charges.
(2) Cable television service fraud in the second degree is a misdemeanor. [L 1987, c 268, pt of §2]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-8203 Telecommunication service fraud in the second degree.

§708-8203 Telecommunication service fraud in the second degree.
(1) A person commits the offense of telecommunication service fraud in the second degree if the person:
(a) Knowingly possesses a telecommunication service device with the intent to obtain telecommunication service without payment of applicable charges;
(b) Knowingly possesses written instructions or plans to make or assemble a telecommunication service device with the intent to use the written plans or instructions to make or assemble a device to obtain telecommunication service without payment of applicable charges; or
(c) With the intent to defraud another of the lawful charge for any telecommunication service, that is provided for a charge or compensation:
(i) Uses an access device without obtaining the consent of the holder of the access device or the telecommunication service provider, resulting in obtaining services, the value of which does not exceed $300 in any six-month period; or
(ii) Uses a telecommunication service device for the purpose of obtaining telecommunication services, the value of which does not exceed $300 in any six-month period, without obtaining the consent of the holder of the telecommunication service device or the telecommunication service provider.
(2) For the purposes of this section:
"Access device" means any number or code of an existing, canceled, revoked, or nonexistent telephone number, telephone calling card number, credit card number, account number, personal identification number, or other credit device or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers, or other credit devices that can be used to obtain telecommunication service.
"Holder of access device" means a person or organization to which an access device has been issued by a telecommunication service provider.
(3) Telecommunication service fraud in the second degree is a misdemeanor. [L 1987, c 268, pt of §2; am L 1993, c 120, §3; am L 1996, c 222, §4]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-8251 Arson in the first degree.

Cross References
Special sentencing considerations for arson; other actions not prohibited, see §706-606.2.
§708-8251 Arson in the first degree.
(1) A person commits the offense of arson in the first degree if the person intentionally or knowingly sets fire to or causes to be burned property and:
(a) Knowingly places another person in danger of death or bodily injury; or
(b) Knowingly or recklessly damages the property of another, without the other's consent, in an amount exceeding $20,000.
(2) Arson in the first degree is a class A felony. [L 2006, c 181, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-8252 Arson in the second degree.

§708-8252 Arson in the second degree.
(1) A person commits the offense of arson in the second degree if the person intentionally or knowingly sets fire to or causes to be burned property and:
(a) Recklessly places another person in danger of death or bodily injury; or
(b) Knowingly or recklessly damages the property of another, without the other's consent, in an amount exceeding $1,500.
(2) Arson in the second degree is a class B felony. [L 2006, c 181, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-8253 Arson in the third degree.

§708-8253 Arson in the third degree.
(1) A person commits the offense of arson in the third degree if the person intentionally or knowingly sets fire to or causes to be burned property and:
(a) Negligently places another person in danger of death or bodily injury; or
(b) Knowingly or recklessly damages the property of another, without the other's consent, in an amount exceeding $500.
(2) Arson in the third degree is a class C felony. [L 2006, c 181, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-8254 Arson in the fourth degree.

§708-8254 Arson in the fourth degree.
(1) A person commits the offense of arson in the fourth degree if the person intentionally, knowingly, or recklessly sets fire to, or causes to be burned property and thereby damages the property of another without the other's consent.
(2) Arson in the fourth degree is a misdemeanor. [L 2006, c 181, pt of §1; am L 2007, c 11, §2]
COMMENTARY ON § §708-8251 TO 708-8254
Act 181, Session Laws 2006, added this part, establishing the crime of arson in the first, second, third, and fourth degrees, as property damage offenses. The legislature found that fires that are intentionally set cause extensive damage to public and private properties and threaten lives. Conference Committee Report No. 50-06.
Act 11, Session Laws 2007, amended §708-8254(1) to include recklessness in the state of mind requirement for arson in the fourth degree. Senate Standing Committee Report No. 1128, House Standing Committee Report No. 773.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-8300 Unlicensed contracting activity.

§708-8300 Unlicensed contracting activity.
(1) A person commits the offense of unlicensed contracting activity if the person:
(a) Engages in any activity that requires a contractor's license under chapter 444 and is not a licensed contractor engaging in the activity, other than a contractor who inadvertently fails to maintain licensing requirements under chapter 444 and who subsequently corrects the failure so that there was a lapse of no more than sixty days in licensure; or
(b) Uses any word, title, or representation to induce the false belief that the person is licensed under chapter 444 to engage in contracting activity.
(2) Unlicensed contracting activity is a misdemeanor.
(3) Each day the violation of this section continues after written notice of the violation to the unlicensed contractor shall constitute a distinct and separate offense.
(4) It is an affirmative defense to a prosecution under this section that the defendant was a licensed contractor performing activity outside the scope of the defendant's contractor's license. This defense shall not preclude any administrative or civil enforcement action for the unlicensed activity. [L 2012, c 244, pt of §1; am L 2013, c 182, §2]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-8301 Habitual unlicensed contracting activity; felony.

§708-8301 Habitual unlicensed contracting activity; felony.
(1) A person commits the offense of habitual unlicensed contracting activity if the person has had two or more convictions within ten years, preceding the conduct for which the person is charged under this section, for unlicensed contracting activity in violation of section 436B-27 or 708-8300, and:
(a) Engages in any activity for which a contractor's license is required under chapter 444, and is not licensed as a contractor under chapter 444 when engaging in the activity; or
(b) Uses any word, title, or representation to induce the false belief that the person is licensed under chapter 444 to engage in contracting activity.
(2) A conviction for purposes of this section is a judgment on a verdict, a finding of guilt, or a judgment on a plea of guilty or nolo contendere. The convictions shall have occurred on separate dates and be for separate incidents on separate dates. At the time of the instant offense, the convictions shall not have been expunged by pardon, reversed, or set aside.
(3) Habitual unlicensed contracting activity is a class C felony.
(4) It is an affirmative defense to a prosecution under this section that the defendant was a licensed contractor performing activity outside the scope of the defendant's contractor's license. This defense shall not preclude any administrative or civil enforcement action for the unlicensed activity. [L 2012, c 244, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-8302 Unlicensed contractor fraud.

§708-8302 Unlicensed contractor fraud.
(1) A person commits the offense of unlicensed contractor fraud if the person:
(a) Engages in any activity that requires a contractor's license under chapter 444 and is not licensed as a contractor under chapter 444 when the person engages in the activity; and
(b) While engaged in the activity, obtains or exerts control over the property of another by deception, with intent to deprive the other of the property.
(2) For purposes of this section, "deception", as defined in section 708-800, includes deception as to the person's status as a licensed contractor or as to permits required to engage in the activity. [L 2012, c 244, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-8303 Unlicensed contractor fraud in the first degree.

§708-8303 Unlicensed contractor fraud in the first degree.
(1) A person commits the offense of unlicensed contractor fraud in the first degree if the person commits unlicensed contractor fraud and the total value of the property over which the person obtains control is equal to or greater than $20,000.
(2) Unlicensed contractor fraud in the first degree is a class B felony. [L 2012, c 244, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-8304 Unlicensed contractor fraud in the second degree.

§708-8304 Unlicensed contractor fraud in the second degree.
(1) A person commits the offense of unlicensed contractor fraud in the second degree if the person commits unlicensed contractor fraud and the total value of the property over which the person obtains control is less than $20,000.
(2) Unlicensed contractor fraud in the second degree is a class C felony. [L 2012, c 244, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708A. Money Laundering › 708A-2 Definitions.

§708A-2 Definitions.
As used in this chapter, unless the context otherwise requires:
"Proceeds" means property of any kind acquired or derived directly or indirectly from, produced through, realized through, or caused by an act or omission.
"Property" means anything of value, including any interest, benefit, privilege, claim, or right with respect to anything of value, whether real or personal, tangible or intangible.
"Specified unlawful activity" means any act, or series of acts, that:
(a) Constitutes a felony under the laws of this State;
(b) If occurring outside this State, may be punishable by confinement for more than one year under the laws of the jurisdiction in which the act occurred;
(c) Involves an act or acts constituting the offense of gambling, criminal property damage, extortion, theft, or prostitution or a drug offense under chapters 329, 329C, or part IV of chapter 712 or any firearm offense; or
(d) If occurring outside this State, would constitute the offense of gambling, criminal property damage, extortion, theft, or prostitution or a drug offense under chapters 329, 329C, or part IV of chapter 712 or any firearm offense under the laws of this State.
"Transaction" includes a purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, transfer between accounts, exchange of currency, extension of credit, purchase, sale, or exchange of any monetary instrument, use of a safe deposit box, or any other acquisition or disposition of property by whatever means effected.
"Unlawful activity" means any act that is chargeable or indictable as an offense of any degree or class under the laws of this State or under federal law or, if the act occurred in a jurisdiction other than this State, would be chargeable or indictable as an offense of any degree or class under the laws of this State or under federal law. [L 1995, c 119, pt of §2; am L 1996, c 22, §1]
Revision Note
Paragraphs in definition of "specified unlawful activity" redesignated pursuant to §23G-15.
COMMENTARY ON §708A-2
Act 22, Session Laws 1996, amended this section by replacing the word "state" with the word "jurisdiction" in the definitions of "specified unlawful activity" and "unlawful activity." The legislature intended to clarify that the Money Laundering Act applied not only to activities occurring within the State of Hawaii or the United States, but also to activities occurring outside the United States. House Standing Committee Report No. 375-96, Senate Standing Committee Report No. 2602.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 709. Offenses Against the Family and Against Incompetents › 709-900 Illegally marrying. §709-900 Commentary:

§709-900 Illegally marrying.
(1) A person commits the offense of illegally marrying if the person intentionally marries or purports to marry, knowing that the person is legally ineligible to do so.
(2) Illegally marrying is a petty misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]
COMMENTARY ON §709-900
This section is intended to serve two purposes: (1) to protect a party to a purported marriage from imposition and deception, and (2) to reinforce the statute setting forth the minimal requirements for valid marriage. The Code imposes its lowest form of criminal liability for intentionally marrying or purporting to marry when the actor knows the actor is ineligible to do so. Except to the extent that the previous offense relating to incest1 covered some aspects of this conduct, this offense represents an addition to Hawaii law.
__________
§709-900 Commentary:
1. See H.R.S. §768-41 which makes it an offense to "marry" or engage in sexual intercourse with any person with whom marriage is prohibited by consanguinity or affinity. See also H.R.S. §572-1.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 709. Offenses Against the Family and Against Incompetents › 709-901 Concealing the corpse of an infant. §709-901 Commentary:

§709-901 Concealing the corpse of an infant.
(1) A person commits the offense of concealing the corpse of an infant if the person conceals the corpse of a new-born child with intent to conceal the fact of its birth or to prevent a determination of whether it was born dead or alive.
(2) Concealing the corpse of an infant is a misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]
COMMENTARY ON §709-901
Concealing an infant corpse makes impossible the determination of whether or not criminal conduct was involved in the failure of the fetus to be born alive or in the failure of the infant to continue to live. When an infant corpse is found after it has been hidden, the decomposition of the corpse makes it impossible to determine beyond a reasonable doubt: (1) whether the fetus had been born alive before it met its death (in which case the fetus would be a "person" as that term is defined in chapter 707, which covers in part, crimes involving homicide); (2) whether, if born alive, the death resulted from murder, manslaughter, negligent homicide, or other causes; and (3) whether, if not born alive, the pregnancy was terminated by an illegal abortion. Therefore it is advisable to have a residual section making it an offense to conceal the corpse of a new-born child.
Previous Hawaii law on this subject was too restricted.[1] It seems unwise to limit the offense to cases in which the actor was the mother of the fetus or infant and in which, if born alive, the infant would be illegitimate. Although most cases of concealment might present these circumstances, it seems entirely possible that some cases might not. An infant or fetus conceived in wedlock may be concealed by its mother or some other individual. Moreover, the Code rejects limiting the offense to conduct of the mother only.
[A] limitation of coverage to the mother is unwise, since someone else may conceal the birth. Of course, if the mother and a relative or friend conspire to conceal the birth, accomplice responsibility brings the latter within the ambit of criminal law. But cases are on record in other states in which[,] without the knowledge of the mother and while she was still disoriented because of the childbirth process, relatives have taken the fetus away and concealed it. Accomplice responsibility does not arise in this case, but the need for inclusion is obvious.2
The Code enlarges the offense and eliminates restrictions in its coverage which seem clearly inconsistent with its purpose.
__________
§709-901 Commentary:
1. H.R.S. §768-8, which provided: "If any woman conceals the death of any issue of her body, whether born alive or not, which, if born alive, would have been illegitimate, so that it may not be known whether the issue was born alive or not, or whether it was murdered, she shall be fined not more than $100 and imprisoned at hard labor not more than two years."
2. Prop. Mich. Rev. Cr. Code, comments at 500.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 709. Offenses Against the Family and Against Incompetents › 709-903.5 Endangering the welfare of a minor in the first degree.

§709-903.5 Endangering the welfare of a minor in the first degree.
(1) Except as provided in subsection (2), a person commits the offense of endangering the welfare of a minor in the first degree if, having care or custody of a minor, the person:
(a) Intentionally or knowingly allows another person to inflict serious or substantial bodily injury on the minor; or
(b) Intentionally or knowingly causes or permits the minor to inject, ingest, inhale, or otherwise introduce into the minor's body any controlled substance listed in sections 329-14, 329-16, 329-18, and 329-20 that has not been prescribed by a physician for the minor, except as permitted under section 329-122.
(2) It shall be a defense to prosecution under sections 709-903.5(1) and 709-904(1) if, at the time the person allowed another to inflict serious or substantial bodily injury on a minor, the person reasonably believed the person would incur serious or substantial bodily injury in acting to prevent the infliction of serious or substantial bodily injury on the minor.
(3) Endangering the welfare of a minor in the first degree is a class C felony. [L 1986, c 314, §70; am L 2006, c 249, §1; am L 2008, c 81, §1]
Revision Note
In subsection (2), "709-904(1)" substituted for "709-704(1)".
COMMENTARY ON §709-903.5
Act 314, Session Laws 1986, provided that a person is criminally liable for intentionally or knowingly allowing another person to inflict serious or substantial bodily harm on a minor. Persons charged with this offense may defend on the ground that they reasonably believed they would incur serious or substantial bodily injury by acting to prevent the harm to the minor. Conference Committee Report No. 51-86.
Act 249, Session Laws 2006, expanded the crime of endangering the welfare of a minor in the first degree to include causing or permitting a minor to ingest methamphetamine. Conference Committee Report No. 84-06.
Act 81, Session Laws 2008, amended subsection (1) to include in the offense causing or permitting a minor to inject, ingest, inhale, or otherwise introduce into the minor's body, any controlled substance listed in schedules I through IV not prescribed by a physician, excluding the medical use of marijuana. The legislature found that the Act would provide greater protection for the health and safety of the children of Hawaii, and was necessary because of the high risk of injury caused by the ingestion of schedule I, II, III, and IV controlled substances. Conference Committee Report No. 55-08, Senate Standing Committee Report No. 3415.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 709. Offenses Against the Family and Against Incompetents › 709-904.5 Compensation by an adult of juveniles for crimes; grade or class of offense increased.

§709-904.5 Compensation by an adult of juveniles for crimes; grade or class of offense increased.
(1) A person other than a juvenile commits the offense of compensation of a juvenile for a crime if the person intentionally or knowingly compensates, offers to compensate, or agrees to compensate any juvenile for the commission of any criminal offense.
(2) Any person convicted of compensating, offering to compensate, or agreeing to compensate a juvenile for the commission of a:
(a) Petty misdemeanor shall be deemed guilty of a misdemeanor;
(b) Misdemeanor shall be deemed guilty of a class C felony;
(c) Class C felony shall be deemed guilty of a class B felony;
(d) Class B or class A felony shall be deemed guilty of a class A felony.
(3) It is not a defense to a prosecution under subsection (1) that the accused had no knowledge of the juvenile's age. The intent is to impose absolute liability with respect to the element of the other person's being less than eighteen years old.
(4) For the purposes of this section, the following terms have the following meanings:
"Compensate" means to confer any benefit or pecuniary benefit.
"Juvenile" means any person under eighteen years of age. [L 1986, c 314, §72]
Revision Note
Section was enacted as an addition to chapter 710 but was renumbered to this chapter pursuant to §23G-15.
COMMENTARY ON §709-904.5
Act 314, Session Laws 1986, provided for enhanced sentences for an adult offering to pay a juvenile to commit a crime. This offense is aimed at deterring adults from inducing juveniles to engage in criminal activity, a practice frequently used because juveniles are generally given lesser sentences than those for adults for the same crime. Conference Committee Report No. 51-86.
Case Notes
Defendant could not be convicted for compensating juvenile for defendant's commission of sexual assault against juvenile. 85 H. 92 (App.), 937 P.2d 933 (1997).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 709. Offenses Against the Family and Against Incompetents › 709-905 Endangering the welfare of an incompetent person.

§709-905 Endangering the welfare of an incompetent person.
(1) A person commits the offense of endangering the welfare of an incompetent person if he knowingly acts in a manner likely to be injurious to the physical or mental welfare of a person who is unable to care for himself because of physical or mental disease, disorder, or defect.
(2) Endangering the welfare of an incompetent person is a misdemeanor. [L 1972, c 9, pt of §1]
COMMENTARY ON §709-905
This section seeks to expand the protection which the law affords to incompetents by making it roughly equivalent to that afforded to minors. A child who suffers from a mental or physical disease, disorder, or defect is protected as a child from certain dangers by § §709-902 through 904 which make abandonment, persistent nonsupport, and endangering the welfare of a minor penal offenses. A person who is physically incapacitated or mentally incompetent is afforded protection against sexual assault and abuse by chapter 707, which makes such conduct, as it relates to such persons, an offense. However, in cases not involving sexual activity or not specifically involving minors under § §709-902 through 904, there is, without §709-905, a gap in the coverage of the Code. This gap also existed in prior law.
Case Notes
Family court did not abuse its discretion by requiring defendant to attend domestic violence counseling as a condition of defendant's probation; where defendant was charged with endangering the welfare of an incompetent person under this section based on substantial evidence that defendant assaulted complainant, under §706-624(2), the court was free to impose discretionary conditions of probation that are reasonably related to the factors set forth in §706-606 and to the extent that the conditions involve only deprivations of liberty as is reasonably necessary for the purposes indicated in §706-606(2). 121 H. 228 (App.), 216 P.3d 1251 (2009).
Section is not unconstitutionally vague or overbroad; under a plain reading of this section, the phrase "likely to be injurious" is reasonably clear and provides sufficient notice to a person of ordinary intelligence that knowingly engaging in conduct that would probably cause harm to an incompetent person's welfare is prohibited; section is also clear that the accused must wilfully engage in conduct that would likely harm the incompetent person's welfare, "which is the antithesis of an intentional act that may injure but is performed in the incompetent person's best interest". 121 H. 228 (App.), 216 P.3d 1251 (2009).
Where witness testimonies, particularly when viewed in the light strongest for the State, substantially supported the findings that complainant was unable to care for complainant's self because of a mental disability and defendant knew defendant's actions were likely to injure complainant's physical or mental welfare, there was sufficient evidence to convict defendant under this section. 121 H. 228 (App.), 216 P.3d 1251 (2009).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 709. Offenses Against the Family and Against Incompetents › 709-909 Domestic violence intervention.

§709-909
Domestic violence intervention.
Notwithstanding chapter 706 or any other law to the contrary, any sentence for domestic violence intervention specified by section 709-906 shall be imposed by the court, with or without probation. [L 2022, c 43, §4]
Cross References
Domestic violence intervention, see § §580-17 and 586-13.
COMMENTARY ON §709-909
Act 43, Session Laws 2022, added this section to require courts to impose any sentence for domestic violence intervention specified by §709-906 for abuse of family or household members, with or without probation. The establishment of this section coincided with other amendments made by Act 43 clarifying that a court is required to impose a sentence for domestic violence intervention, with or without probation, for violations of restraining orders, orders for protection, and abuse of family or household members. The legislature found that §586-4 authorizes a family court to order a violator of a temporary restraining order to undergo mandatory domestic violence intervention. However, the legislature found that the Hawaii Supreme Court misinterpreted §586-4(e) by holding that domestic violence intervention may only be ordered as a condition of probation. The legislature noted that domestic violence intervention, which includes anger management and domestic violence treatment, is an important part of addressing the root causes of domestic violence. Act 43 highlighted the importance of domestic violence intervention and clarified legislative intent by clearly mandating domestic violence intervention regardless of whether persons are sentenced with or without probation for violations of restraining orders, orders for protection, or abuse of family or household members. Senate Standing Committee Report No. 3853, House Standing Committee Report No. 777-22, Senate Standing Committee Report No. 3444.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1001 Forfeiture of property used as benefit or pecuniary benefit in the commission of an offense defined in this chapter. §710-1001 Commentary:

§710-1001 Forfeiture of property used as benefit or pecuniary benefit in the commission of an offense defined in this chapter.
Any property offered, conferred, agreed to be conferred, or accepted as a benefit, pecuniary benefit, or compensation in the commission of an offense defined in this chapter is forfeited, subject to the requirements of chapter 712A, to the State. [L 1972, c 9, pt of §1; am L 1989, c 261, §21]
COMMENTARY ON §710-1001
This section is derived from the previous law on the forfeiture of bribery money.[1] Since this chapter deals with additional kindred offenses, e.g., compounding, giving and receiving unlawful compensation, giving and receiving improper gifts, unlawful assistance of a private interest, and obtaining unlawful assistance of a public servant, the forfeiture is expressed in general terms to cover all sections in which property is offered, conferred, agreed to be conferred, or accepted as a benefit, pecuniary benefit, or compensation in the commission of an offense defined in this chapter. The mere solicitation or agreement to accept property would not, of course, work a forfeiture.
The forfeiture is specifically made subject to the requirements of §701-119 which embodies a single procedure for the establishment of all forfeitures declared by the Penal Code. The procedure provides, as did the previous law,2 for the protection of innocent owners of property which is involved in the commission of an offense.
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§710-1001 Commentary:
1. H.R.S. §725-8.
2. See id. § §725-8 to 725-11.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1010.5 Interference with reporting an emergency or crime.

§710-1010.5 Interference with reporting an emergency or crime.
(1) A person commits the offense of interference with reporting an emergency or crime if the person intentionally or knowingly prevents a victim or witness to a criminal act from calling a 911-emergency telephone system, obtaining medical assistance, or making a report to a law enforcement officer.
(2) Interference with the reporting of an emergency or crime is a petty misdemeanor. [L 2001, c 294, §1]
COMMENTARY ON §710-1010.5
Act 294, Session Laws 2001, established interference with the reporting of an emergency or crime as a petty misdemeanor. The legislature found that perpetrators of domestic violence should not prevent victims and witnesses from contacting authorities for assistance in preventing domestic violence. House Standing Committee Report No. 1222.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1011 Refusing to aid a law enforcement officer. §710-1011 Commentary:

§710-1011 Refusing to aid a law enforcement officer.
(1) A person commits the offense of refusing to aid a law enforcement officer when, upon a reasonable command by a person known to him to be a law enforcement officer, he intentionally refuses or fails to aid such law enforcement officer, in:
(a) Effectuating or securing an arrest; or
(b) Preventing the commission by another of any offense.
(2) Refusing to aid a law enforcement officer is a petty misdemeanor.
(3) A person who complies with this section by aiding a law enforcement officer shall not be held liable to any person for damages resulting therefrom, provided he acted reasonably under the circumstances known to him at the time. [L 1972, c 9, pt of §1; am L 2001, c 91, §4]
COMMENTARY ON §710-1011
This section is not designed to allow peace officers to foist their routine or dangerous duties upon innocent citizens. The reasonable context in which this aid is required precludes requests for routine and unnecessary, as well as dangerous and unconscionable, aid. The type of situation which the Code envisions is the request to a citizen, by a peace officer, to summon aid or render immediately vital information, where there is no question of danger, incrimination, or substantial inconvenience to the person of whom the aid is asked. Various forms of this law may be found in the proposed revisions of other states.[1]
Previous Hawaii law provided for a $50 fine for refusal to aid a peace officer, under roughly the same circumstances as those provided in the Code.2 Instead, the Code imposes its lightest criminal penalty, petty misdemeanor, for this offense.
The waiver of civil liability in subsection (3) is both fair and necessary. The waiver is fair in that it is hardly equitable to order a person to perform a useful act, on one hand, then expose the person to the threat of civil liability, on the other. The waiver is necessary in that it would arguably be unreasonable to request such aid in many cases if all of the standards of civil liability were to apply. The person of whom aid is asked might, therefore, be able justifiably to refuse to give it.
Case Notes
Cited: 57 H. 390, 557 P.2d 1334 (1976).
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§710-1011 Commentary:
1. See N.Y.R.P.L. §195.10; Prop. Del. Cr. Code § §730, 731; Prop. Mich. Rev. Cr. Code §4250.
2. H.R.S. §740-10.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1012 Refusing to assist in fire control. §710-1012 Commentary:

§710-1012 Refusing to assist in fire control.
(1) A person commits the offense of refusing to assist in fire control when:
(a) Upon a reasonable command by a person known to him to be a firefighter, he intentionally refuses to aid in extinguishing a fire or in protecting property at the scene of a fire; or
(b) Upon command by a person known to him to be a firefighter or law enforcement officer, he intentionally disobeys an order or regulation relating to the conduct of persons in the vicinity of a fire.
(2) "Firefighter" means any officer of a fire department or any other person vested by law with the duty to extinguish fires.
(3) Refusing to assist in fire control is a petty misdemeanor.
(4) A person who complies with this section by assisting in fire control shall not be held liable to any person for damages resulting therefrom, provided he acted reasonably under the circumstances known to him at the time. [L 1972, c 9, pt of §1; am L 1977, c 191, §2; am L 1983, c 124, §15; am L 2001, c 91, §4]
COMMENTARY ON §710-1012
Subsection (1)(a) of this section is intended to place obligations upon the citizen in aiding fire control similar to those which §710-1011 places upon the citizen with regard to law enforcement. Again, the request for aid need not be obeyed unless it is reasonable under the circumstances.
Subsection (1)(b) is related to the control of crowds and vehicles in the vicinity of a fire, under circumstances where disorderly conduct and riot-dispersal statutes would not apply.
The waiver of civil liability in subsection (4) is explained in the commentary to §710-1011.
Previous Hawaii law was substantially stricter than the Code in requiring all able-bodied men between 16 and 50 to aid in extinguishing a fire when properly so requested. The section also imposed liability upon one who refused to lend necessary materials to the control of a fire. The available penalty upon conviction was a fine of from $10 to $1,000.1 The Code more precisely states when aid is expected and what type can be requested.
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§710-1012 Commentary:
1. H.R.S. §185-8.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1014 Rendering a false alarm. §710-1014 Commentary:

§710-1014 Rendering a false alarm.
(1) A person commits the offense of rendering a false alarm if the person knowingly causes a false alarm of fire or other emergency to be transmitted to or within an official or volunteer fire department, any other government agency, or any public utility that deals with emergencies involving danger to life or property.
(2) Rendering a false alarm is a misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]
COMMENTARY ON §710-1014
The rendering of a false fire alarm is almost universally made criminal. The Code generalizes the principle to cover all emergency alarms and all governmental emergency organizations (the police would be included while responding to an alarm of this character), public utilities that deal with emergencies, and, in the case of fire departments, volunteer organizations. The justification for the provision is the prevention of the "waste of government resources and the likelihood that the actor will cause personnel or equipment to be unavailable to deal with real emergencies."1
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§710-1014 Commentary:
1. M.P.C., Tentative Draft No. 6, comments at 144 (1957).