Hawaii Revised Statutes 708. Offenses Against Property Rights

PART I. GENERAL PROVISIONS RELATING TO OFFENSES AGAINST
PROPERTY RIGHTS

• 708-800 Definitions of Terms in This Chapter.
  In this chapter, unless a different meaning plainly is required, the following definitions apply. "Agricultural equipment, supplies, or products" mean any agricultural equipment, supplies,...
• 708-801 Valuation of Property or Services.
  Whenever the value of property or services is determinative of the class or grade of an offense, or otherwise relevant to a prosecution, the...
• 708-802 Property Recovered in Offenses Against Property Rights.
  Identification of an item of property recovered for violation of chapter 708, may be made by photographing the item and authentication of the content...
• 708-803 Habitual Property Crime.
  (1) A person commits the offense of habitual property crime if the person is a habitual property crime perpetrator and commits a misdemeanor offense...

PART II. BURGLARY AND OTHER OFFENSES OF INTRUSION

• 708-810 Burglary in the First Degree.
  (1) A person commits the offense of burglary in the first degree if the person intentionally enters or remains unlawfully in a building, with...
• 708-811 Burglary in the Second Degree.
  (1) A person commits the offense of burglary in the second degree if the person intentionally enters or remains unlawfully in a building with...
• 708-812 Possession of Burglar's Tools.
  (1) A person commits the offense of possession of burglar's tools if: (a) The person knowingly possesses any explosive, tool, instrument, or other article...
• 708-812.5 Burglary Offenses; Intent to Commit Therein a Crime Against a Person or Against Property Rights.
  A person engages in conduct "with intent to commit therein a crime against a person or against property rights" if the person formed the...
• 708-812.6 Unauthorized Entry in a Dwelling in the Second Degree.
  (1) A person commits the offense of unauthorized entry in a dwelling in the second degree if the person intentionally or knowingly enters unlawfully...
• 708-812.55 Unauthorized Entry in a Dwelling in the First Degree.
  (1) A person commits the offense of unauthorized entry in a dwelling in the first degree if the person intentionally or knowingly enters unlawfully...
• 708-813 Criminal Trespass in the First Degree.
  (1) A person commits the offense of criminal trespass in the first degree if: (a) That person knowingly enters or remains unlawfully: (i) In...
• 708-814 Criminal Trespass in the Second Degree.
  (1) A person commits the offense of criminal trespass in the second degree if: (a) The person knowingly enters or remains unlawfully in or...
• 708-814.5 Criminal Trespass Onto Public Parks and Recreational Grounds.
  (1) A person commits the offense of criminal trespass onto public parks and recreational grounds if the person remains unlawfully in or upon a...
• 708-815 Simple Trespass.
  (1) A person commits the offense of simple trespass if the person knowingly enters or remains unlawfully in or upon premises. (2) Simple 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...
• 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...
• 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...
• 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...

PART III. CRIMINAL DAMAGE TO PROPERTY

• 708-820 Criminal Property Damage in the First Degree.
  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)...
• 708-821 Criminal Property Damage in the Second Degree.
  Arson, see pt XIII. Special sentencing considerations for arson; other actions not prohibited, see §706-606.2. §708-821 Criminal property damage in the second degree. (1)...
• 708-822 Criminal Property Damage in the Third Degree.
  Arson, see pt XIII. Special sentencing considerations for arson; other actions not prohibited, see §706-606.2. §708-822 Criminal property damage in the third degree. (1)...
• 708-823 Criminal Property Damage in the Fourth Degree.
  Arson, see pt XIII. Special sentencing considerations for arson; other actions not prohibited, see §706-606.2. §708-823 Criminal property damage in the fourth degree. (1)...
• 708-823.5 Aggravated Criminal Property Damage.
  Arson, see pt XIII. Special sentencing considerations for arson; other actions not prohibited, see §706-606.2. §708-823.5 Aggravated criminal property damage. (1) A person commits...
• 708-823.6 Graffiti; Sentencing.
  Arson, see pt XIII. Special sentencing considerations for arson; other actions not prohibited, see §706-606.2. §708-823.6 Graffiti; sentencing. (1) Whenever a person is sentenced...
• 708-824 Failure to Control Widely Dangerous Means.
  Arson, see pt XIII. Special sentencing considerations for arson; other actions not prohibited, see §706-606.2. §708-824 Failure to control widely dangerous means. (1) A...
• 708-825 Criminal Tampering; Definitions of Terms.
  Arson, see pt XIII. Special sentencing considerations for arson; other actions not prohibited, see §706-606.2. §708-825 Criminal tampering; definitions of terms. In sections 708-826...
• 708-826 Criminal Tampering in the First Degree.
  Arson, see pt XIII. Special sentencing considerations for arson; other actions not prohibited, see §706-606.2. §708-826 Criminal tampering in the first degree. (1) A...
• 708-827 Criminal Tampering in the Second Degree.
  Arson, see pt XIII. Special sentencing considerations for arson; other actions not prohibited, see §706-606.2. §708-827 Criminal tampering in the second degree. (1) A...
• 708-828 Criminal Use of a Noxious Substance.
  Arson, see pt XIII. Special sentencing considerations for arson; other actions not prohibited, see §706-606.2. §708-828 Criminal use of a noxious substance. (1) A...
• 708-829 Criminal Littering.
  Arson, see pt XIII. Special sentencing considerations for arson; other actions not prohibited, see §706-606.2. §708-829 Criminal littering. (1) A person commits the offense...

PART IV. THEFT AND RELATED OFFENSES

• 708-830 Theft.
  A person commits theft if the person does any of the following: (1) Obtains or exerts unauthorized control over property. A person obtains or...
• 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: (a) Of property or services, the value...
• 708-831 Theft in the Second Degree.
  (1) A person commits the offense of theft in the second degree if the person commits theft: (a) Of property from the person of...
• 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...
• 708-833 Theft in the Fourth Degree.
  (1) A person commits the offense of theft in the fourth degree if the person commits theft of property or services of any value...
• 708-833.5 Shoplifting.
  A person convicted of committing the offense of shoplifting as defined in section 708-830 shall be sentenced as follows: (1) In cases involving property...
• 708-834 Defenses: Unawareness of Ownership; Claim of Right; Household Belongings; Co-Interest Not a Defense.
  (1) It is a defense to a prosecution for theft that the defendant: (a) Was unaware that the property or service was that of...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 708-836 Unauthorized Control of Propelled Vehicle.
  (1) A person commits the offense of unauthorized control of a propelled vehicle if the person intentionally or knowingly exerts unauthorized control over another's...
• 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...
• 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...
• 708-837 Failure to Return a Rental Motor Vehicle; Penalty.
  [(1)] A person commits the offense of failure to return a rental motor vehicle when he intentionally does not return the motor vehicle to...
• 708-837.5 Failure to Return Leased or Rented Personal Property; Penalty.
  [(1)] A person commits the offense of failure to return leased or rented personal property other than a rental motor vehicle, when he knowingly...
• 708-838 Removal of Identification Marks.
  A person commits the offense of removal of identification marks if (1) The person defaces, erases, or otherwise alters any serial number or identification...
• 708-839 Unlawful Possession.
  It shall be unlawful for any person to possess any bicycle, movable construction tool or equipment, appliance, merchandise, or other article, or any part...
• 708-839.5 Theft of Utility Services.
  (1) For purposes of this section: "Customer" means the person in whose name the utility service is provided. "Divert" means to change the intended...
• 708-839.6 Identity Theft in the First Degree.
  (1) A person commits the offense of identity theft in the first degree if that person makes or causes to be made, either directly...
• 708-839.7 Identity Theft in the Second Degree.
  (1) A person commits the offense of identity theft in the second degree if that person makes or causes to be made, either directly...
• 708-839.8 Identity Theft in the Third Degree.
  (1) A person commits the offense of identity theft in the third degree if that person makes or causes to be made, either directly...
• 708-839.55 Unauthorized Possession of Confidential Personal Information.
  (1) A person commits the offense of unauthorized possession of confidential personal information if that person intentionally or knowingly possesses, without authorization, any confidential personal...

PART V. ROBBERY

• 708-840 Robbery in the First Degree.
  (1) A person commits the offense of robbery in the first degree if, in the course of committing theft or non-consensual taking of a...
• 708-841 Robbery in the Second Degree.
  (1) A person commits the offense of robbery in the second degree if, in the course of committing theft or non-consensual taking of a...
• 708-842 Robbery; "in the Course of Committing a Theft".
  An act shall be deemed "in the course of committing a theft or non-consensual taking of a motor vehicle" if it occurs in an...

PART VI. FORGERY AND RELATED OFFENSES

• 708-850 Definitions of Terms in This Part.
  In this part, unless a different meaning plainly is required: "Complete written instrument" means a written instrument which purports to be genuine and fully...
• 708-851 Forgery in the First Degree.
  (1) A person commits the offense of forgery in the first degree if, with intent to defraud, the person falsely makes, completes, endorses, or...
• 708-852 Forgery in the Second Degree.
  (1) A person commits the offense of forgery in the second degree if, with intent to defraud, the person falsely makes, completes, endorses, or...
• 708-853 Forgery in the Third Degree.
  (1) A person commits the offense of forgery in the third degree if, with intent to defraud, the person falsely makes, completes, endorses, or...
• 708-854 Criminal Possession of a Forgery Device.
  (1) A person commits the offense of criminal possession of a forgery device if: (a) The person makes or possesses with knowledge of its...
• 708-855 Criminal Simulation.
  (1) A person commits the offense of criminal simulation if, with intent to defraud, the person makes, alters, or utters any object, so that...
• 708-856 Obtaining Signature by Deception.
  (1) A person commits the offense of obtaining a signature by deception if, with intent to defraud, the person: (a) Causes another, by deception,...
• 708-857 Negotiating a Worthless Negotiable Instrument.
  (1) A person commits the offense of negotiating a worthless negotiable instrument if that person intentionally issues or negotiates a negotiable instrument knowing that...
• 708-858 Suppressing a Testamentary or Recordable Instrument.
  (1) A person commits the offense of suppressing a testamentary instrument if, with intent to defraud, the person destroys, removes, or conceals any will,...

PART VII. BUSINESS AND COMMERCIAL FRAUDS

• 708-870 Deceptive Business Practices.
  (1) A person commits the offense of deceptive business practices if in the course of engaging in a business, occupation, or profession the person...
• 708-871 False Advertising.
  (1) A person commits the offense of false advertising if, in connection with the promotion of the sale of property or services, the person...
• 708-871.5 False Labeling of Hawaii-Grown Coffee.
  (1) A person commits the offense of false labeling of Hawaii-grown coffee if the person knowingly transports, distributes, advertises, sells, or possesses with the...
• 708-872 Falsifying Business Records.
  (1) A person commits the offense of falsifying business records if, with intent to defraud, the person: (a) Makes or causes a false entry...
• 708-873 Defrauding Secured Creditors.
  (1) A person commits the offense of defrauding secured creditors if the person destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject...
• 708-874 Misapplication of Entrusted Property.
  (1) A person commits the offense of misapplication of entrusted property if, with knowledge that he is misapplying property and that the misapplication involves...
• 708-875 Trademark Counterfeiting.
  (1) A person commits the offense of trademark counterfeiting who knowingly manufactures, produces, displays, advertises, distributes, offers for sale, sells, or possesses with the...

PART VIII. OFFENSES AFFECTING OCCUPATIONS

• 708-880 Commercial Bribery.
  (1) A person commits the offense of commercial bribery if: (a) He confers or offers or agrees to confer, directly or indirectly, any benefit...
• 708-881 Tampering With a Publicly-Exhibited Contest.
  (1) A person commits the offense of tampering with a publicly-exhibited contest if: (a) He confers, or offers or agrees to confer, directly or...

PART IX. OLD COMPUTER CRIMES--REPEALED

• 708-890 to 708-896 Repealed.
  L 1992, c 225, §3. PART IX. COMPUTER CRIME §708-890 Definitions. As used in this part, unless the context otherwise requires: "Access" means to...
• 708-891 to 708-893 [Old] Repealed.
  L 2001, c 33, §§5 to 7. §708-891 Computer fraud in the first degree. (1) A person commits the offense of computer fraud in...
• 708-891.5 Computer Fraud in the Second Degree.
  (1) A person commits the offense of computer fraud in the second degree if the person knowingly accesses a computer, computer system, or computer...
• 708-891.6 Computer Fraud in the Third Degree.
  (1) A person commits the offense of computer fraud in the third degree if the person knowingly accesses a computer, computer system, or computer network...
• 708-892 Computer Damage in the First Degree.
  (1) A person commits the offense of computer damage in the first degree if the person intentionally causes or attempts to cause damage to...
• 708-892.5 Computer Damage in the Second Degree.
  (1) A person commits the offense of computer damage in the second degree if: (a) The person knowingly causes the transmission of a program,...
• 708-892.6 Computer Damage in the Third Degree.
  (1) A person commits the offense of computer damage in the third degree if the person knowingly accesses a computer, computer system, or computer...
• 708-893 Use of a Computer in the Commission of a Separate Crime.
  (1) A person commits the offense of use of a computer in the commission of a separate crime if the person: (a) Intentionally uses...
• 708-894 Forfeiture of Property Used in Computer Crimes.
  Any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit an offense under this part, or...
• 708-895 Jurisdiction.
  For purposes of prosecution under this part, a person who causes, by any means, the access of a computer, computer system, or computer network...
• 708-895.5 Unauthorized Computer Access in the First Degree.
  (1) A person commits the offense of unauthorized computer access in the first degree if the person knowingly accesses a computer, computer system, or...
• 708-895.6 Unauthorized Computer Access in the Second Degree.
  (1) A person commits the offense of unauthorized computer access in the second degree if the person knowingly accesses a computer, computer system, or...
• 708-895.7 Unauthorized Computer Access in the Third Degree.
  (1) A person commits the offense of unauthorized computer access in the third degree if the person knowingly accesses a computer, computer system, or...

PART X. CREDIT CARD OFFENSES

• 708-8100 Fraudulent Use of a Credit Card.
  (1) A person commits the offense of fraudulent use of a credit card, if with intent to defraud the issuer, or another person or...
• 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...
• 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...
• 708-8102 Theft, Forgery, Etc., of Credit Cards.
  (1) A person who takes a credit card from the person, possession, custody, or control of another without the cardholder's consent or who, with knowledge...
• 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...
• 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...
• 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...
• 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...

PART XI. MONETARY LAUNDERING--REPEALED

• 708-8120 and 708-8121 Repealed.
  L 1995, c 119, §3. Cross References For present provisions, see chapter 708A.

PART XII. CABLE TELEVISION AND
TELECOMMUNICATION SERVICE OFFENSES

• 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...
• 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...
• 708-8202 Telecommunication Service Fraud in the First Degree.
  (1) A person commits the offense of telecommunication service fraud in the first degree if the person: (a) Knowingly publishes plans or instructions for...
• 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...
• 708-8204 Forfeiture of Telecommunication Service Device and Cable Television Service Device.
  Any telecommunication service device, cable television service device, or instructions or plans therefor, or any materials for making or assembling a telecommunication service device...

Part XIII. ARSON

• 708-8251 Arson in the First Degree.
  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...
• 708-8252 Arson in the Second Degree.
  Special sentencing considerations for arson; other actions not prohibited, see §706-606.2. [§708-8252] Arson in the second degree. (1) A person commits the offense of...
• 708-8253 Arson in the Third Degree.
  Special sentencing considerations for arson; other actions not prohibited, see §706-606.2. [§708-8253] Arson in the third degree. (1) A person commits the offense of...
• 708-8254 Arson in the Fourth Degree.
  Special sentencing considerations for arson; other actions not prohibited, see §706-606.2. §708-8254 Arson in the fourth degree. (1) A person commits the offense of...

PART XIV. UNLICENSED CONTRACTING OFFENSES

• 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...
• 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...
• 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...
• 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...
• 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...
• 708-8305 Unlicensed Contractor Fraud; Valuation of Property.
  (1) For purposes of unlicensed contractor fraud, the value of the property shall be the greater of: (a) The value of property as provided...

Last modified: October 27, 2016