Title 37, Hawaii Penal Code

§707-702.5 Negligent homicide in the first degree. (1) A person commits the offense of negligent homicide in the first degree if that person causes the death of: (2) A person who violates subsection (1)(a) shall be guilty of a class B felony; provided that the person shall be gui…

§707-703 Negligent homicide in the second degree. (1) A person commits the offense of negligent homicide in the second degree if that person causes the death of: (2) Negligent homicide in the second degree is a class C felony. [L 1972, c 9, pt of §1; am L 1988, c 292, §2; am L 20…

§707-704 Negligent homicide in the third degree. (1) A person is guilty of the offense of negligent homicide in the third degree if that person causes the death of another person by the operation of a vehicle in a manner which is simple negligence. (2) "Simple negligence" as used…

§707-705 Negligent injury in the first degree. (1) A person commits the offense of negligent injury in the first degree if that person causes: (2) Negligent injury in the first degree is a class C felony. [L 1988, c 292, pt of §1; am L 2012, c 21, §2 and c 316, §4]

§707-706 Negligent injury in the second degree. (1) A person is guilty of the offense of negligent injury in the second degree if that person causes substantial bodily injury to another person by the operation of a vehicle in a negligent manner. (2) Negligent injury in the second…

PART III. CRIMINAL ASSAULTS AND RELATED OFFENSES §707-710 Assault in the first degree. (1) A person commits the offense of assault in the first degree if the person intentionally or knowingly causes: (2) Assault in the first degree is a class B felony. [L 1972, c 9, pt of §1; ree…

§707-711 Assault in the second degree. (1) A person commits the offense of assault in the second degree if the person: (2) Assault in the second degree is a class C felony. [L 1972, c 9, pt of §1; am L 1979, c 84, §1; am L 1986, c 314, §52; am L 1987, c 257, §1; am L 1988, c 279,…

§707-712 Assault in the third degree. (1) A person commits the offense of assault in the third degree if the person: (2) Assault in the third degree is a misdemeanor unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty misdemeanor. [L…

[§707-712.2] Habitual violent crime. [Section repealed June 30, 2027. L 2024, c 213, §6.] (1) A person commits the offense of habitual violent crime if the person is a habitual violent crime perpetrator and commits: (2) For the purposes of this section, "habitual violent crime pe…

§707-712.5 Assault against a law enforcement officer in the first degree. (1) A person commits the offense of assault against a law enforcement officer in the first degree if the person: (2) Assault of a law enforcement officer in the first degree is a class C felony. The court s…

[§707-712.6] Assault against a law enforcement officer in the second degree. (1) A person commits the offense of assault against a law enforcement officer in the second degree if the person recklessly causes bodily injury to a law enforcement officer who is engaged in the perform…

§707-712.7 Assault against an emergency worker. (1) A person commits the offense of assault against an emergency worker if the person, during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A, within the area covered by the emergency or disaster: (2…

§707-713 Reckless endangering in the first degree. (1) A person commits the offense of reckless endangering in the first degree if the person employs widely dangerous means in a manner which recklessly places another person in danger of death or serious bodily injury or intention…

§707-714 Reckless endangering in the second degree. (1) A person commits the offense of reckless endangering in the second degree if the person: (2) Reckless endangering in the second degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1990, c 62, §1; gen ch 1992; am L 2006, c …

§707-714.5 Criminally negligent storage of a firearm. (1) A person commits the offense of criminally negligent storage of a firearm if: (2) This section shall not apply if the minor obtains the firearm as a result of an unlawful entry to any premises by any person. (3) Criminally…

§707-715 Terroristic threatening, defined. A person commits the offense of terroristic threatening if the person threatens, by word or conduct, to cause bodily injury to another person or serious damage or harm to property, including the pets or livestock, of another or to commit…

§707-716 Terroristic threatening in the first degree. (1) A person commits the offense of terroristic threatening in the first degree if the person commits terroristic threatening: (2) Terroristic threatening in the first degree is a class C felony; provided that terroristic thre…

[§707-717] Terroristic threatening in the second degree. (1) A person commits the offense of terroristic threatening in the second degree if the person commits terroristic threatening other than as provided in section 707-716. (2) Terroristic threatening in the second degree is a…

[§707-718] Torture. (1) Any person who knowingly: shall be guilty of the offense of torture. (2) Proof that the victim suffered pain is not an element of a violation of subsection (1)(c). (3) For purposes of this section: "Custody or physical control" means the forcible restricti…

PART IV. KIDNAPPING AND RELATED OFFENSES; CRIMINAL COERCION §707-720 Kidnapping. (1) A person commits the offense of kidnapping if the person intentionally or knowingly restrains another person with intent to: (2) Except as provided in subsection (3), kidnapping is a class A felo…

§707-721 Unlawful imprisonment in the first degree. (1) A person commits the offense of unlawful imprisonment in the first degree if the person knowingly restrains another person under circumstances which expose the person to the risk of serious bodily injury. (2) Unlawful impris…

§707-722 Unlawful imprisonment in the second degree. (1) A person commits the offense of unlawful imprisonment in the second degree if the person knowingly restrains another person. (2) In any prosecution under this section, it is an affirmative defense that: In that case, the li…

§707-726 Custodial interference in the first degree. (1) A person commits the offense of custodial interference in the first degree if: (2) It is an affirmative defense to a prosecution under this section that the person had "good cause" for the violation of a court order issued …

§707-727 Custodial interference in the second degree. (1) A person commits the offense of custodial interference in the second degree if: (2) Custodial interference in the second degree is a misdemeanor, if the minor or incompetent person is taken, enticed, concealed, or detained…

§707-730 Sexual assault in the first degree. (1) A person commits the offense of sexual assault in the first degree if the person: Paragraphs (b) and (c) shall not be construed to prohibit practitioners licensed under chapter 453 or 455 from performing any act within their respec…

§707-731 Sexual assault in the second degree. (1) A person commits the offense of sexual assault in the second degree if the person: Paragraphs (b) and (c) shall not be construed to prohibit practitioners licensed under chapter 453 or 455 from performing any act within their resp…

§707-732 Sexual assault in the third degree. (1) A person commits the offense of sexual assault in the third degree if the person: Paragraphs (b), (c), (d), (e), and (f) shall not be construed to prohibit practitioners licensed under chapter 453 or 455 from performing any act wit…

§707-733 Sexual assault in the fourth degree. (1) A person commits the offense of sexual assault in the fourth degree if: (2) Sexual assault in the fourth degree is a misdemeanor. (3) Whenever a court sentences a defendant for an offense under this section, the court may order th…

[§707-733.6] Continuous sexual assault of a minor under the age of fourteen years. (1) A person commits the offense of continuous sexual assault of a minor under the age of fourteen years if the person: (2) To convict under this section, the trier of fact, if a jury, need unanimo…

§707-734 Indecent exposure. (1) A person commits the offense of indecent exposure if, the person intentionally exposes the person's genitals to a person to whom the person is not married under circumstances in which the actor's conduct is likely to cause affront. (2) Indecent exp…

§707-741 Incest. (1) A person commits the offense of incest if the person commits an act of sexual penetration with another who is within the degrees of consanguinity or affinity within which marriage is prohibited. (2) Incest is a class C felony. [L 1972, c 9, pt of §1; am L 198…

[PART VI. CHILD ABUSE] §707-750 Promoting child abuse in the first degree. (1) A person commits the offense of promoting child abuse in the first degree if, knowing or having reason to know its character and content, the person: (2) As used in this section: "Child pornography" me…

§707-751 Promoting child abuse in the second degree. (1) A person commits the offense of promoting child abuse in the second degree if, knowing or having reason to know its character and content, the person: (2) As used in this section: "Child pornography" means any pornographic …

[§707-752] Promoting child abuse in the third degree. (1) A person commits the offense of promoting child abuse in the third degree if, knowing or having reason to know its character and content, the person possesses: (2) As used in this section: "Child pornography" means any por…

[§707-753] Affirmative defense to promoting child abuse. It shall be an affirmative defense to a charge of promoting child abuse in the third degree that the defendant:

§707-756 Electronic enticement of a child in the first degree. (1) Any person who, using a computer or any other electronic device: is guilty of electronic enticement of a child in the first degree. (2) Electronic enticement of a child in the first degree is a class B felony. Not…

§707-757 Electronic enticement of a child in the second degree. (1) Any person who, using a computer or any other electronic device: is guilty of electronic enticement of a child in the second degree. (2) Electronic enticement of a child in the second degree is a class C felony. …

[§707-759] Indecent electronic display to a child. (1) Any person who intentionally masturbates or intentionally exposes the genitals in a lewd or lascivious manner live over a computer online service, internet service, or local bulletin board service and who knows or should know…

[PART VII.] EXTORTION §707-760 Definitions. For the purposes of this part: "An extortionate means" is any means which involves the use, or an express or implicit threat of the use, of violence or other criminal means to cause harm to the person, reputation, or property of any per…

§707-761 Extortionate extension of credit; prima facie evidence. (1) An extortionate extension of credit is any extension of credit with respect to which it is the understanding of the creditor and the debtor at the time it is made that delay in making repayment or failure to mak…

[§707-762] Financing extortionate extensions of credit. "Financing extortionate extensions of credit" includes wilfully advancing money or property, whether as a gift, as a loan, as an investment, pursuant to a partnership or profit-sharing agreement, or otherwise to any person, …

§707-763 Collection of extensions of credit by extortionate means. (1) "Collection of extensions of credit by extortionate means" includes knowingly participating in any way, or conspiring to do so, in the use of any extortionate means: (2) In any prosecution under this part, for…

§707-764 Extortion. A person commits extortion if the person does any of the following:

§707-765 Extortion in the first degree. (1) A person commits the offense of extortion in the first degree if the person commits extortion: (2) Extortion in the first degree is a class B felony. [L 1979, c 106, pt of §1; gen ch 1993; am L 2008, c 147, §5]

§707-766 Extortion in the second degree. (1) A person commits the offense of extortion in the second degree if the person commits extortion: (2) Extortion in the second degree is a class C felony. [L 1979, c 106, pt of §1; am L 1993, c 28, §1; am L 2008, c 147, §6]

§707-767 Extortion in the third degree. (1) A person commits the offense of extortion in the third degree if the person commits extortion of property, labor, or services. (2) Extortion in the third degree is a misdemeanor. [L 1979, c 106, pt of §1; gen ch 1993; am L 2008, c 147, …