2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 711. Offenses Against Public Order › 711-1107 Desecration. §711-1107 Commentary:

§711-1107 Desecration.
(1) A person commits the offense of desecration if the person intentionally or knowingly desecrates:
(a) Any public monument or structure;
(b) A place of worship or burial; or
(c) In a public place, the national flag or any other object of veneration by a substantial segment of the public.
(2) As used in this section, "desecrate" means defacing, damaging, polluting, or otherwise physically mistreating any monument, structure, place, or object described in subsection (1).
(3) Any person convicted of committing the offense of desecration shall be sentenced to a term of imprisonment of not more than one year, a fine of not more than $10,000, or both. [L 1972, c 9, pt of §1; gen ch 1993; am L 2002, c 198, §1; am L 2023, c 196, §2]
Revision Note
In subsection (1)(a), "or" deleted pursuant to §23G-15.
COMMENTARY ON §711-1107
Previous Hawaii law prohibited certain types of desecration. For example, desecration of the United States flag was prohibited.1 Section 711-1107 deals more generally with all acts of desecration; i.e., acts of physical damage to or mistreatment of venerated places and objects under circumstances which the defendant knows are likely to outrage the sensibilities of persons who observe or discover the defendant's actions. Thus, any desecration of a public monument or structure; or a place of worship or burial (public or private); or, in a public place, the national flag, or any other object (such as certain religious objects) revered by a substantial segment of the public, will constitute an offense. Damage by desecration is treated separately from other types of property damage because the sense of outrage produced by such acts is out of proportion to the monetary value of the damage. Thus, desecration is a misdemeanor, although many such cases might otherwise be petty misdemeanors under §708-823 because the object desecrated is worth less than $50.
SUPPLEMENTAL COMMENTARY ON §711-1107
Act 198, Session Laws 2002, amended this section by changing the penalty for desecration from a misdemeanor to one year imprisonment, a fine of $10,000, or both. The legislature found that recent vandalism at cemeteries denoted that the current financial penalties of a misdemeanor offense for desecration were an insufficient deterrent. The $10,000 fine was consistent with the penalty in §6E-11(c), relating to destruction of historic property. The legislature believed that a burial place or grave deserved no less a penalty for damage than did a historical monument. Senate Standing Committee Report No. 2957, House Standing Committee Report No. 416-02.
Act 196, Session Laws 2023, amended this section to: (1) expand the requisite state of mind for the criminal offense of desecration from "intentionally" to "intentionally or knowingly"; and (2) simplify the definition of "desecrate." The legislature found that the historic and cultural heritage of the State is among its important assets. Tourism benefited the State through generation of economic activity; however, there was a need to ensure that visitors and residents treated cultural and historic resources with care and respect, and that historic and cultural sites were protected from abuse, vandalism, and desecration. The legislature additionally found that recent acts of desecration at sacred cultural and historic sites in Hawaii demonstrated the need for greater protection of Hawaii's resources. Accordingly, the legislature found that Act 196 would increase protection of the State's assets and facilitate the enforcement of the prohibition of acts of desecration at sites that possess significant cultural and historic value. Senate Standing Committee Report No. 717, House Standing Committee Report No. 1614.
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§711-1107 Commentary:
1. H.R.S. §733-6; another example is §734-3 which prohibits desecration of a grave.