reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-816 Defense to trespass.

§708-816 Defense to trespass.
It is a defense to prosecution for trespass as a violation of sections 708-814 and 708-815 that the defendant entered upon and passed along or over established and well-defined roadways, pathways, or trails leading to public beaches over government lands, whether or not under lease to private persons, or for the purposes of and in compliance with section 708-804. [L 1972, c 9, pt of §1; am L 2019, c 13, §3]
COMMENTARY ON §708-816
This is a new section inserted by the legislature in 1972. It was not contained in the Proposed Draft. This addition provides that traveling to or from the beach over government land does not constitute trespass and is a defense to § §708-814 and 815. Conference Committee Report No. 2 (1972).
SUPPLEMENTAL COMMENTARY ON §708-816
Act 13, Session Laws 2019, amended this section to provide a defense to prosecution for simple trespass and criminal trespass in the second degree for a property owner or agent who enters adjacent vacant property under certain conditions, including consulting with a tree arborist and providing written notice, to control albizia trees before the trees become hazardous. The legislature found that albizia trees are an invasive species that are prone to breaking and falling during high winds and tropical storms and, consequently, pose a hazard to public safety and critical infrastructure. Fallen albizia trees caused power outages and other structural damage on the island of Hawaii during tropical storm Iselle in 2014. Albizia trees fell over highways, roads, and driveways in such large numbers during that storm that many people were left trapped in their homes and rescue personnel were prevented from reaching them or, in some cases, returning to the rescuers' base of operations. The legislature further found that albizia trees located on private properties often create hazardous conditions for adjacent properties that should be prevented wherever possible. Albizia trees have been successfully eradicated on many properties, but some property owners have been unresponsive to inquiries from neighbors and repeated notices to control the trees on their property. Act 13 provided a way for neighbors to control adjacent albizia trees to prevent or address hazardous conditions, subject to certain conditions. Senate Standing Committee Report No. 597, Senate Standing Committee Report No. 1018.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-816.5 Entry upon the premises of a facility utilized as a sex, child, or spouse abuse shelter; penalty. [(1)] No person shall knowingly enter or remain unlawfully upon the premises of a facility utilized as a sex abuse, child abuse, or spouse abuse shelter after reasonable warning or request to leave by a member of the facility's staff. [(2)] Violation of this section is a misdemeanor. [L 1993, c 12, §1] COMMENTARY ON §708-816.5 Act 12, Session Laws 1993, added this section to establish the offense of unlawful entry upon the premises of a facility used as a sex, child, or spouse abuse shelter, by making it a misdemeanor for any person to knowingly enter or unlawfully remain upon the premises after reasonable warning or request to leave by a facility staff member. Since the locations of these shelters are often known, individuals seeking shelter and shelter staff are at potential risk from abusers. This section affords a higher level of legal protection for staff and persons who seek refuge from abuse. House Standing Committee Report No. 692, Senate Standing Committee Report No. 1049. Law Journals and Reviews Empowering Battered Women: Changes in Domestic Violence Laws in Hawai €˜i. 17 UH L. Rev. 575 (1995).

§708-816.5
Entry upon the premises of a facility utilized as a sex, child, or spouse abuse shelter; penalty.
[(1)] No person shall knowingly enter or remain unlawfully upon the premises of a facility utilized as a sex abuse, child abuse, or spouse abuse shelter after reasonable warning or request to leave by a member of the facility's staff.
[(2)] Violation of this section is a misdemeanor. [L 1993, c 12, §1]
COMMENTARY ON §708-816.5
Act 12, Session Laws 1993, added this section to establish the offense of unlawful entry upon the premises of a facility used as a sex, child, or spouse abuse shelter, by making it a misdemeanor for any person to knowingly enter or unlawfully remain upon the premises after reasonable warning or request to leave by a facility staff member. Since the locations of these shelters are often known, individuals seeking shelter and shelter staff are at potential risk from abusers. This section affords a higher level of legal protection for staff and persons who seek refuge from abuse. House Standing Committee Report No. 692, Senate Standing Committee Report No. 1049.
Law Journals and Reviews
Empowering Battered Women: Changes in Domestic Violence Laws in Hawai €˜i. 17 UH L. Rev. 575 (1995).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-817 Burglary of a dwelling during an emergency period.

§708-817 Burglary of a dwelling during an emergency period.
(1) A person commits the offense of burglary of a dwelling if, during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A and within the area covered by the emergency period, the person:
(a) Intentionally enters or remains unlawfully in a dwelling with intent to commit therein a crime against a person or against property rights; and
(b) Recklessly disregards a risk that the building is the dwelling of another, and the building is such a dwelling at the time.
(2) Burglary of a dwelling during an emergency period is a class A felony. [L 2006, c 116, pt of §3, am L 2014, c 111, §17]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-818 Burglary of a building during an emergency period.

§708-818 Burglary of a building during an emergency period.
(1) A person commits the offense of burglary of a building if, during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A and within the area covered by the emergency period, the person intentionally enters or remains unlawfully in a building other than a dwelling with intent to commit therein a crime against a person or against property rights.
(2) Burglary of a building during an emergency period is a class B felony. [L 2006, c 116, pt of §3; am L 2014, c 111, §18]
COMMENTARY ON § §708-817 AND 708-818
Act 116, Session Laws 2006, added these sections, classifying burglary of a dwelling during a civil defense emergency or during a period of disaster relief, as a class A felony and of a building during a civil defense emergency or during a period of disaster relief, as a class B felony. Act 116 penalized the commission of certain crimes during a time of a civil defense emergency proclaimed by the governor or during a period of disaster relief. The legislature found that Hurricanes Katrina and Rita created situations that highlighted the prevalence of opportunistic crimes that can occur during these times. When resources are needed to restore law and order, emergency response aid to victims may be hampered or delayed, leaving victims at an increased risk of bodily injury or death. Stronger measures to control law and order may deter looting and other crimes. House Standing Committee Report No. 757-06, Senate Standing Committee Report No. 3302, Conference Committee Report No. 64-06.
Act 111, Session Laws 2014, amended § §708-817 and 708-818. Act 111 updated and recodified Hawaii's emergency management laws to conform with nationwide emergency management practices by, among other things, establishing a Hawaii emergency management agency in the state department of defense with the functions and authority currently held by the state civil defense agency; establishing the power and authority of the director of Hawaii emergency management, who will be the adjutant general, and providing the director with the functions and authority currently held by the director of civil defense; establishing county emergency management agencies, each to be under the respective county mayor's direction, with the functions and authority currently held by the local organizations for civil defense; and repealing the chapters on disaster relief [chapter 127] and the civil defense [and] emergency act [chapter 128], which were determined to be obsolete with the creation of the Hawaii emergency management agency. Conference Committee Report No. 129-14.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-820 Criminal property damage in the first degree.

Cross References
Arson, see pt XIII.
Special sentencing considerations for arson; other actions not prohibited, see §706-606.2.
§708-820 Criminal property damage in the first degree.
(1) A person commits the offense of criminal property damage in the first degree if by means other than fire:
(a) The person intentionally or knowingly damages property and thereby recklessly places another person in danger of death or bodily injury;
(b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $20,000;
(c) The person intentionally or knowingly damages the property of another during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A, within the area covered by the emergency or disaster; or
(d) The person intentionally or knowingly damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $1,500. In calculating the amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production.
(2) Criminal property damage in the first degree is a class B felony. [L 1972, c 9, pt of §1; gen ch 1993; am L 1996, c 170, §1; am L 2003, c 19, §1; am L 2006, c 116, §5, c 156, §3, and c 181, §3; am L 2007, c 98, §1; am L 2014, c 111, §19]
Case Notes
The risks involved in criminal property damage in the first degree present a serious potential risk of physical injury to another and that risk is similar to the risks involved in arson and burglary in the ordinary case; thus, defendant's prior conviction under subsection (1)(a) (1996) was a crime of violence as defined in §4B1.2(a)(2) of the federal Sentencing Guidelines. 724 F.3d 1133 (2013).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-821 Criminal property damage in the second degree.

§708-821 Criminal property damage in the second degree.
(1) A person commits the offense of criminal property damage in the second degree if by means other than fire:
(a) The person intentionally or knowingly damages the property of another, without the other's consent, by the use of widely dangerous means;
(b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $1,500; or
(c) The person intentionally or knowingly damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $500. In calculating the amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production.
(2) Criminal property damage in the second degree is a class C felony. [L 1972, c 9, pt of §1; am L 1973, c 136, §7(b); gen ch 1993; am L 1996, c 170, §2; am L 2003, c 19, §2; am L 2006, c 156, §4 and c 181, §4; am L 2007, c 98, §2]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-822 Criminal property damage in the third degree.

§708-822 Criminal property damage in the third degree.
(1) A person commits the offense of criminal property damage in the third degree if by means other than fire:
(a) The person recklessly damages the property of another, without the other's consent, by the use of widely dangerous means;
(b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $500; or
(c) The person intentionally damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $100. In calculating the amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production.
(2) Criminal property damage in the third degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1973, c 136, §7(c); am L 1986, c 314, §62; gen ch 1993; am L 1996, c 170, §3; am L 2006, c 156, §5, c 181, §5, and c 230, §35; am L 2007, c 98, §3]
Case Notes
Offense is graded according to amount of damage done, not the value of the property damaged. 86 H. 165 (App.), 948 P.2d 586 (1997).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-823.5 Aggravated criminal property damage.

§708-823.5 Aggravated criminal property damage.
(1) A person commits the offense of aggravated criminal property damage if the person by means other than fire:
(a) Intentionally damages the property of another without the other's consent; and
(b) Has been convicted two or more times of an offense under section 708-822 or 708-823.
(2) For purposes of this section, "convicted two or more times" means that, at the time of the instant offense, the person had previously entered a plea of guilty or no contest or a judge or jury had previously returned a verdict of guilty against the person for two or more offenses committed on separate occasions.
(3) Aggravated criminal property damage is a misdemeanor. [L 2005, c 187, §1; am L 2006, c 181, §7; am L 2007, c 196, §2]
COMMENTARY ON §708-823.5
Act 187, Session Laws 2005, established the misdemeanor offense of aggravated criminal property damage which applies to a person who intentionally damages the property of another without the other's consent and has two or more convictions for criminal property damage in the third or fourth degree in the preceding five years. Act 187 was designed to address the problem of graffiti in the community. Conference Committee Report No. 67, Senate Standing Committee Report No. 1362.
Act 181, Session Laws 2006, amended this section by excluding property damage caused by means of fire. Act 181 included arson as a new class of property damage and defined four degrees of the offense of arson with appropriate sanctions. 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 196, Session Laws 2007, amended subsection (1) by deleting the five-year look-back period. Conference Committee Report No. 34.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-824 Failure to control widely dangerous means. §708-824 Commentary:

§708-824 Failure to control widely dangerous means.
(1) A person commits the offense of failure to control widely dangerous means if, knowing that widely dangerous means are endangering life or property, the person negligently fails to take measures to prevent or mitigate the danger and:
(a) The person knows that the person is under an official, contractual, or other legal duty to take measures to prevent, control, or mitigate the danger; or
(b) The means were employed by the person or with the person's assent, or on premises in the person's custody or control.
(2) Failure to control widely dangerous means is a misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]
COMMENTARY ON §708-824
This section imposes misdemeanor liability upon a person for the negligent failure to prevent or mitigate danger resulting from the use of widely dangerous means where either (a) the actor is under some legal duty to do so, or (b) the actor is actually or constructively responsible for employing such means. This offense combines the Model Penal Code's offenses of "Failure to Control or Report a Dangerous Fire" and "Failure to Prevent Catastrophe."[1] The underlying premise is that a citizen's criminal liability for potential widespread destruction arises from the citizen's tortious or contractual liability with regard to the potential harm.
Hawaii previously had no statute dealing generally with the problems of catastrophe and the mitigation of the risk thereof but rather dealt separately with various substantive acts which represented a general public danger. The only general heading under which such offenses were grouped is "common nuisance," which included such widely dangerous aspects as spreading disease, making and storing gunpowder, blasting with explosives, and keeping dangerous animals.[2] In a similar vein, however, Hawaii provided a misdemeanor sanction for the failure of any able-bodied person to help combat a fire.3 In simplifying and combining the above-mentioned sections of the Model Penal Code, this Code fills an apparently neglected area of Hawaii law.
__________
§708-824 Commentary:
1. M.P.C. § §220.1(3) and 220.2(3), respectively.
2. H.R.S. §727-1.
3. Id. §185-8.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-825 Criminal tampering; definitions of terms.

§708-825 Criminal tampering; definitions of terms.
In sections 708-826 and 708-827:
To "tamper with" means to interfere improperly with something, meddle with it, or make unwarranted alterations in its existing condition.
"Utility" means an enterprise which provides gas, electric, steam, water or communications services, and any common carrier; it may be either publicly or privately owned or operated. [L 1972, c 9, pt of §1]
Revision Note
Numeric designations deleted and punctuation changed pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-826 Criminal tampering in the first degree.

§708-826 Criminal tampering in the first degree.
(1) A person commits the offense of criminal tampering in the first degree if, and with intent to cause a substantial interruption or impairment of a service rendered to the public by a utility or by an institution providing health or safety protection, the person damages or tampers with, without the consent of the utility or institution, its property or facilities and thereby causes substantial interruption or impairment of service.
(2) Criminal tampering in the first degree is a misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-827 Criminal tampering in the second degree.

§708-827 Criminal tampering in the second degree.
(1) A person commits the offense of criminal tampering in the second degree if the person intentionally tampers with property of another person, without the other person's consent, with intent to cause substantial inconvenience to that person or to another.
(2) Criminal tampering in the second degree is a petty misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993; am L 1996, c 256, §3]
COMMENTARY ON § §708-825 TO 708-827
The offenses of criminal tampering are addressed to two significant problems. (1) Harm may result from meddling with, but not damaging, property which provides a service, thus altering the availability of the service. For example an electrical switch could be turned and the flow of electrical power curtailed. (2) Slight damage to property which provides a service would not, in many cases, if handled solely as an offense of criminal property damage under § §708-820 through 823, reflect the magnitude of social harm involved.
Section 708-826 provides misdemeanor liability for the most aggravated form of tampering: intentional interference with a public utility defined in §708-825(2) to include a common carrier or an institution providing health or safety services for the purpose and with the result of causing substantial interruption or impairment of service furnished by the utility or institution.
A petty misdemeanor offense is provided by §708-827 where the circumstances are less aggravated. Under subsection (1)(a) the definition requires that the actor intend to cause substantial inconvenience; however, the offense is inchoate in the sense that the actor need not be successful. Moreover, the inconvenience need not be aimed at more than one person, and the property tampered with need not be that of a utility or institution providing protected services. Under subsection (1)(b) liability is imposed for tampering with a public utility without its consent. Actual interference with the operation of the utility need not be shown.
Previous Hawaii law contained no specific prohibitions of the sort contemplated by the present section.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-828 Criminal use of a noxious substance. §708-828 Commentary:

§708-828 Criminal use of a noxious substance.
(1) A person commits the offense of criminal use of a noxious substance if the person knowingly deposits on the premises or in the vehicle of another, without the other's consent, any stink bomb or device, irritant, or offensive-smelling substance, with the intent to interfere with another's use of the premises or vehicle.
(2) Criminal use of a noxious substance is a petty misdemeanor. [L 1972, c 9, pt of §1]
COMMENTARY ON §708-828
This section recognizes that the use value of a person's property may be impaired by the use of noxious substances without the involvement of tampering ( § §708-826 to 827) or actual damage ( § §708-820 to 823). This form of interference with the use of property can be significantly grave to warrant the low grade of criminal sanction provided by this section.
Under previous Hawaii law, the conduct described in this section would fall within the ambit of the indiscriminately-defined offense of common nuisance.1 The Code sharpens the focus and definition of the offense, as it relates to noxious substances, and reduces slightly the possible penalty.
__________
§708-828 Commentary:
1. H.R.S. §727-1.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-830.5 Theft in the first degree.

§708-830.5 Theft in the first degree.
(1) A person commits the offense of theft in the first degree if the person commits theft of:
(a) Property or services, the value of which exceeds $20,000;
(b) A firearm;
(c) Dynamite or other explosive;
(d) Property or services during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A, within the area covered by the emergency or disaster under chapter 127A, the value of which exceeds $300;
(e) Property from the person of another who is sixty years of age or older and the age of the property owner is known or reasonably should be known to the person who commits theft;
(f) Property or services, the value of which exceeds $750, from a person who is sixty years of age or older and the age of the property owner is known or reasonably should be known to the person who commits theft; or
(g) A motor vehicle or motorcycle as defined in section 291C-1.
(2) Theft in the first degree is a class B felony. [L 1986, c 314, §63; am L 1992, c 289, §1; am L 1993, c 14, §1; am L 2006, c 116, §6; am L 2014, c 111, §20; am L 2021, c 147, §4; am L 2022, c 54, §2]
Case Notes
Where defendant returned new vehicle after 72 hour possession and prosecution was unable to prove any economic loss to car dealership, no intent to deprive dealership of significant portion of vehicle's economic value, use, or benefit. 86 H. 207, 948 P.2d 1048 (1997).
Where appeals court correctly held that defendant's theft offense under §708-830(1) and subsection (1)(a) required proof of a value element which defendant's federal conspiracy offense did not, and was designed to prevent a substantially different harm--the deprivation of property rights versus the threat posed by agreements to commit criminal conduct, defendant's prosecution in state court was not barred under §701-112 and the circuit court did not err in denying defendant's motion to dismiss in this respect. 126 H. 205, 269 P.3d 740 (2011).
Based on petitioner's performance of petitioner's part of the contract between homeowner and petitioner and the failure of the respondent State to produce evidence of the value of the work completed by petitioner, the State failed to establish that petitioner deprived homeowner of property exceeding $20,000 in value, the threshold for first degree theft. 129 H. 414, 301 P.3d 1255 (2013).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-832 Theft in the third degree.

§708-832 Theft in the third degree.
(1) A person commits the offense of theft in the third degree if the person commits theft:
(a) Of property or services the value of which exceeds $250; or
(b) Of gasoline, diesel fuel, or other related petroleum products used as propellants of any value not exceeding $750.
(2) Theft in the third degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1974, c 201, §2 and c 242, §2; am L 1979, c 106, §7; am L 1986, c 314, §65; am L 2006, c 230, §38; am L 2016, c 231, §38]
Case Notes
Jury instructions on the lesser included offenses of theft in the third degree under this section and theft in the fourth degree under §708-833 should have been given where jury could have found that petitioner committed theft of not only less than $20,000, but less than $300 or less than $100, making the offenses of theft III or theft IV applicable. 122 H. 271, 226 P.3d 441 (2010).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-833.5 Shoplifting.

§708-833.5 Shoplifting.
A person convicted of committing theft by means of shoplifting as defined in section 708-830 shall be sentenced to the following minimum fines:
(1) In cases involving a class C felony, the minimum fine shall be four times the value or aggregate value of the property involved;
(2) In cases involving a misdemeanor, the minimum fine shall be three times the value or aggregate value of the property involved;
(3) In cases involving a petty misdemeanor, the minimum fine shall be twice the value or aggregate value of the property involved;
(4) If a person has previously been convicted of committing theft by means of shoplifting as defined in section 708-830, the minimum fine shall be doubled that specified in paragraphs (1), (2), and (3), respectively, as set forth above; provided in the event the convicted person defaults in payment of any fine, and the default was not contumacious, the court may sentence the person to community services as authorized by section 706-605(1)(d). [L 1979, c 202, §2; am L 1982, c 233, §1; am L 1986, c 314, §67; am L 2016, c 231, §40]
Cross References
Civil liability for shoplifting, see §663A-2.
Unauthorized removal of shopping carts, see §633-16.
COMMENTARY ON §708-833.5
Act 202, Session Laws 1979, established this section to provide minimum mandatory fines for shoplifting offenses, but has retained the alternative of paying fines through court ordered public service work. The legislature believed the public service work alternative preferable to the establishment of a "debtor's prison". Conference Committee Report No. 72.
Act 233, Session Laws 1982, doubled the fines on persons who repeatedly shoplift.
Act 314, Session Laws 1986, increased the dollar amounts of the property involved in the offense of shoplifting. With the increase, the dollar amounts will more accurately reflect current property values and consequently the offense will warrant the level of culpability intended when it was originally drafted. Senate Standing Committee Report No. 820-86.
Act 231, Session Laws 2016, amended this section to implement recommendations made by the Penal Code Review Committee convened pursuant to House Concurrent Resolution No. 155, S.D. 1 (2015).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-835 Proof of theft offense. §708-835 Commentary:

§708-835 Proof of theft offense.
A charge of an offense of theft in any degree may be proved by evidence that it was committed in any manner that would be theft under section 708-830, notwithstanding the specification of a different manner in the indictment, information, or other charge, subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise. [L 1972, c 9, pt of §1]
COMMENTARY ON §708-835
As outlined in the commentary on §708-830, one of the principal reasons for the consolidation of various related common-law and statutory offenses under the single theft statute is to eliminate pointless procedural obstacles in prosecution. The possibility of quashing a theft indictment because of variance would substantially pervert the virtue of simplicity which such consolidation seeks to achieve. Subject only to the court's power to ensure a fair trial (e.g., to ensure that the accused has adequate time and information to prepare a defense), any charge of theft may be proved by demonstration, beyond a reasonable doubt, that the accused's actions came within the definition of one of the subsections of §708-830.1
Case Notes
The law does not permit the conviction of a defendant of two counts of theft for, first, having obtained or taken an item of property and, second, for having disposed of or sold the same item of property; the taking and/or selling of one item of property is only one theft. 93 H. 22 (App.), 995 P.2d 323 (2000).
__________
§708-835 Commentary:
1. See generally, M.P.C., Tentative Draft No. 1, Appendix A at 101-109 (1953).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-835.4 Unauthorized operation of a recording device in a motion picture theater.

§708-835.4 Unauthorized operation of a recording device in a motion picture theater.
(1) A person commits the offense of unauthorized operation of a recording device in a motion picture theater if the person knowingly operates the audiovisual recording function of any device in a motion picture theater while a motion picture is being exhibited, without the consent of the motion picture theater owner.
(2) This section shall not prevent any lawfully authorized investigative, protective, law enforcement, or intelligence-gathering employee or agent of the local, state, or federal government, from operating any audiovisual recording device in a motion picture theater as part of lawfully authorized investigative, protective, law enforcement, or intelligence-gathering activities.
(3) Unauthorized operation of a recording device in a motion picture theater is a misdemeanor.
(4) For the purposes of this section:
"Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology.
"Motion picture theater" means a movie theater, screening room, or other venue in use primarily for the exhibition of a motion picture at the time of the offense. [L 2005, c 59, §1]
COMMENTARY ON §708-835.4
Act 59, Session Laws 2005, created the misdemeanor offense of unauthorized operation of a recording device in a motion picture theater. An exception is made for legitimate uses of audiovisual recording devices for a lawfully authorized investigative, protective, law enforcement, or intelligence-gathering employee or agent of the local, state, or federal government. The legislature found that movie piracy through unauthorized audiovisual recordings made in movie theaters has resulted in losses to the motion picture industry, including actors, producers, and distributors of motion pictures. Illicitly copied movies are illegally duplicated, packaged, and distributed across the country and abroad, further aggravating industry losses. Conference Committee Report No. 71, House Standing Committee Report No. 827.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-835.5 Theft of livestock.

§708-835.5 Theft of livestock.
(1) A person commits the offense of theft of livestock if the person commits theft by:
(a) Having in the person's possession a live animal of the bovine, equine, swine, sheep, or goat species, or its carcass or meat, while in or upon premises that the person knowingly entered or remained unlawfully in or upon, and that are fenced or enclosed in a manner designed to exclude intruders; or
(b) Having in the person's possession a live animal, carcass, or meat in any other location.
(2) Possession of livestock without a livestock ownership and movement certificate, when a certificate is required pursuant to section 142-49, is prima facie evidence that the livestock is or has been stolen.
(3) Theft of livestock is a class C felony.
(4) A person convicted of committing the offense of theft of livestock shall be sentenced in accordance with chapter 706, except that for a first offense the court shall impose a minimum sentence of a fine of at least $1,000 or restitution, whichever is greater. [L 1990, c 28, §1; am L 2005, c 182, §4; am L 2006, c 230, §39]
COMMENTARY ON §708-835.5
Act 28, Session Laws 1990, added this section to specify the minimum sentences for this class C felony. House Standing Committee Report No. 78-90.
Act 182, Session Laws 2005, amended this section by establishing that possession of livestock without a livestock ownership and movement certificate is prima facie evidence that the livestock is or has been stolen. Act 182 addressed the problem of agricultural theft in Hawaii by amending various provisions of Hawaii's theft laws relating to agricultural livestock and products. Conference Committee Report No. 77, Senate Standing Committee Report No. 1359.
Act 230, Session Laws 2006, amended subsection (1) by adding goats to the types of live animal or meat, the theft of which constitutes theft of livestock. House Standing Committee Report No. 665-06.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-835.55 Theft; agricultural product; sentencing.

§708-835.55 Theft; agricultural product; sentencing.
(1) Whenever a person is sentenced under sections 708-830.5, 708-831, 708-832, or 708-833, for an offense involving theft of an agricultural product or commodity, in addition to any penalty prescribed by those sections, the person shall be required to make payment to the property owner for:
(a) The value of the stolen agricultural product or commodity, pursuant to section 706-646; and
(b) The cost of replanting the agricultural product or commodity.
(2) For purposes of this section, "agricultural product or commodity" includes:
(a) Floricultural, horticultural, viticultural, aquacultural, forestry products or commodities; and
(b) Shrubbery, nuts, coffee, seeds, and other farm or plantation products or commodities,
whether for personal or commercial use. [L 2012, c 125, §1]
COMMENTARY ON §708-835.55
Act 125, Session Laws 2012, added this section, requiring persons sentenced for theft in the first, second, third, or fourth degree for an offense involving theft of an agricultural product or commodity to pay restitution to the victim in an amount equal to the value of what was stolen and the cost of replanting. The legislature found that agricultural theft continues to be a significant problem in the State and has resulted in millions of dollars in losses for the agricultural industry. The legislature further found that existing laws were not stringent enough to deter potential thieves. Act 125 would allow prosecutors to develop stronger cases against thieves of agricultural products and commodities. Senate Standing Committee Report No. 2289, Senate Standing Committee Report No. 3322.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-835.6 Telemarketing fraud.

§708-835.6 Telemarketing fraud.
(1) A person commits the offense of telemarketing fraud if, with intent to defraud or misrepresent, that person obtains or attempts to obtain the transfer of possession, control, or ownership of the property of another through communications conducted at least in part by telephone and involving direct or implied claims that the person contacted:
(a) Will or is about to receive anything of value; or
(b) May be able to recover any losses suffered by the person contacted in connection with a prize promotion.
(2) Telemarketing fraud is a class B felony. In addition, any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit telemarketing fraud, or that facilitated or assisted this activity, shall be forfeited subject to chapter 712A.
(3) For purposes of this section, "telemarketing" means a plan, program, or campaign, including a prize promotion or investment opportunity, that:
(a) Is conducted to include the purchase of goods or services or to solicit funds or contributions by use of one or more telephones; and
(b) Involves more than one telephone call. [L 2001, c 277, §1]
COMMENTARY ON §708-835.6
Act 277, Session Laws 2001, added this section to create a criminal offense of telemarketing fraud, involving use at least in part of a telephone and direct or implied claims of receiving anything of value or of recovering losses from a prize promotion. Act 277 also provides for forfeiture of property used in the commission of the crime.
The legislature found telemarketing fraud to be one of the fastest growing forms of fraud in the United States. Telemarketers often target older citizens, knowing many of them have significant assets from a lifetime of saving. Act 277 is part of a larger effort to combat this serious crime and to protect consumers from unscrupulous practices. Act 277 allows Hawaii to increase its efforts and provide greater protection to its citizens from unscrupulous telemarketing practices. Senate Standing Committee Report No. 809, House Standing Committee Report No. 1128.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-835.65 Fraud.

§708-835.65 Fraud.
(1)
A person commits the offense of fraud if, with the intent to defraud, the person executes or attempts to execute any scheme or artifice to defraud or for the purpose of obtaining money or property by means of false or fraudulent pretenses, representations, or promises.
(2) For purposes of this section, "scheme or artifice to defraud" includes a scheme or artifice to deprive another of the intangible right of honest services.
(3) Fraud shall be a class B felony. [L 2023, c 131, §2]
COMMENTARY ON §708-835.65
Act 131, Session Laws 2023, added this section to establish the offense of fraud as a class B felony. The legislature found that it was of utmost importance to restore public trust in state government and increase the level of transparency in government operations and accountability of individuals. To improve the standard of conduct within government, and to more effectively combat fraud, waste, and corruption, it was necessary to establish criminal offenses and penalties. Act 131 provided a mechanism to increase the public's trust and confidence in state and local government while providing law enforcement with a tool to adequately deter and commensurately punish acts of public corruption. Conference Committee Report No. 1, Senate Standing Committee Report No. 720.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-835.7 Theft of copper.

§708-835.7 Theft of copper.
(1) A person commits the offense of theft of copper if the person commits theft of copper that weighs a pound or more, but not including legal tender of the United States.
(2) Theft of copper is a class C felony. [L 2007, c 197, § §2, 7; am L 2009, c 44, §1]
Cross References
Scrap dealer requirements, see chapter 445, pt X.
COMMENTARY ON §708-835.7
Act 197, Session Laws 2007, established theft of copper as a felony offense, to deter the theft of copper. The offense applies to copper weighing a pound or more. Act 197 has a sunset date of July 1, 2009. Conference Committee Report No. 70.
Act 44, Session Laws 2009, made permanent the offense of theft of copper, as well as the documentation requirements for the sale of copper to scrap metal dealers and related penalties. The legislature found that the prohibitions, record-keeping requirements, and penalties in the current law had proven effective at deterring the theft of copper and should be made permanent. Senate Standing Committee Report No. 1240.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-835.8 Theft of beer keg.

§708-835.8 Theft of beer keg.
(1) A person commits the offense of theft of beer keg if the person commits theft of a beer keg.
(2) For the purposes of this section, "beer keg" means a metal container used to hold five gallons or more of liquid that is stamped, engraved, stenciled, or otherwise marked with the name of a brewery manufacturer; provided that a deposit beverage container, as defined under section 342G-101, shall not be considered a beer keg.
(3) Theft of beer keg is a misdemeanor. [L 2008, c 53, § §1, 6; am L 2009, c 44, §2]
Cross References
Scrap dealer requirements, see chapter 445, pt X.
COMMENTARY ON §708-835.8
Act 53, Session Laws 2008, added this section, establishing the misdemeanor offense of theft of a beer keg. Metal beer kegs were being stolen at escalating rates, largely because they can be redeemed for fast cash at scrap dealerships. House Standing Committee Report Nos. 1113-08 and 1671-08.
Act 44, Session Laws 2009, made permanent the prohibition against stealing beer kegs and the documentation requirements for scrap metal dealers. The legislature found that the prohibitions, record-keeping requirements, and penalties in the current law had proven effective at deterring the theft of beer kegs and should be made permanent. Senate Standing Committee Report No. 1240.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-835.9 Theft of urn.

§708-835.9 Theft of urn.
(1) A person commits the offense of theft of urn if the person:
(a) Obtains an urn through any means described in section 708-830; or
(b) Violates section 445-233 in regard to an urn.
(2) For the purposes of this section, "urn" means a container that is or has been used to hold human ashes.
(3) Theft of urn is a class C felony. [L 2016, c 199, §1]
Cross References
Scrap dealer requirements, see chapter 445, part X.
COMMENTARY ON §708-835.9
Act 199, Session Laws 2016, added this section, establishing the offense of theft of an urn, which includes obtaining an urn through any means described under the offense of theft under §708-830 or violating the statement requirements of scrap dealers under §445-233, as a class C felony. The legislature found that Act 199 would help to prevent persons from stealing urns from cemeteries, especially for the metal redemption value of the urns. Senate Standing Committee Report No. 3463, Conference Committee Report No. 60-16.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-836.5 Unauthorized entry into motor vehicle in the first degree.

§708-836.5 Unauthorized entry into motor vehicle in the first degree.
(1) A person commits the offense of unauthorized entry into motor vehicle in the first degree if the person intentionally or knowingly enters or remains unlawfully in a motor vehicle, without being invited, licensed, or otherwise authorized to enter or remain within the vehicle, with the intent to commit a crime against a person or against property rights.
(2) Unauthorized entry into motor vehicle in the first degree is a class C felony. [L 1996, c 87, §2; am L 2006, c 230, §40]
Cross References
Interference with the operator of a public transit vehicle, see §711-1112.
COMMENTARY ON §708-836.5
Act 87, Session Laws 1996, added this section to the Penal Code and made the offense of unauthorized entry into motor vehicle a class C felony due to the increased number of car thefts in the State. Senate Standing Committee Report No. 2598.
Act 230, Session Laws 2006, amended this section to create the offense of unauthorized entry into motor vehicle in the first degree.
Case Notes
Appellant asserted that appellant's conviction for unauthorized entry into a motor vehicle was improper because applicable federal statutes governed, thereby precluding this statute from being assimilated into federal law; affirmed. 392 F.3d 1050 (2004).
Specifying the particular crime intended to be committed is not an essential element which must be alleged in order to charge the crime of unauthorized entry into motor vehicle. 97 H. 492, 40 P.3d 894 (2002).
For the purposes of this section, "entry" is defined as the least intrusion into a motor vehicle with the whole physical body, with any part of the body, or with any instrument appurtenant to the body introduced for the purpose of committing a crime against a person or against property rights. 100 H. 383, 60 P.3d 333 (2002).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-836.6 Unauthorized entry into motor vehicle in the second degree.

§708-836.6 Unauthorized entry into motor vehicle in the second degree.
(1) A person commits the offense of unauthorized entry into a motor vehicle in the second degree if the person intentionally or knowingly enters into a motor vehicle without being invited, licensed, or otherwise authorized to do so.
(2) Unauthorized entry into a motor vehicle in the second degree is a misdemeanor. [L 2006, c 230, §3]
COMMENTARY ON §708-836.6
Act 230, Session Laws 2006, added the misdemeanor crime of unauthorized entry into motor vehicle in the second degree. House Standing Committee Report No. 665-06.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 708. Offenses Against Property Rights › 708-836.8 Theft of catalytic converter.

§708-836.8 Theft of catalytic converter.
(1) A person commits the offense of theft of catalytic converter if the person commits theft of a catalytic converter.
(2) For the purposes of this section, "catalytic converter" shall have the same meaning as that term is defined in section 289-1.
(3) Theft of catalytic converter is a class C felony. [L 2022, c 88, §3]
COMMENTARY ON §708-836.8
Act 88, Session Laws 2022, added this section to establish the offense of theft of catalytic converter. The legislature found that catalytic converter thefts were on the rise across the State. Catalytic converters contain precious metals such as platinum, palladium, and rhodium, the prices of which had recently increased, making catalytic converters highly sought after by thieves due to their high resale value. The relative ease and speed in which a person could remove a catalytic converter from a vehicle, coupled with the value of the scrap and precious metal, had contributed to the increase in catalytic converter thefts. While catalytic converters could typically be resold on the market for less than a few hundred dollars, replacing a stolen catalytic converter could cost a car owner more than $1,000 or perhaps more depending on the extent of damages. The legislature noted that Act 88 established the offense of theft of a catalytic converter as a class C felony, thereby removing any burdensome requirement of proving a defendant had knowledge of the value of the property. Conference Committee Report No. 65-22, Senate Standing Committee Report No. 2951, Senate Standing Committee Report No. 2357.