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: (a) Another person by the operation of a vehicle in a negligent manner while under the influence of drugs or alcohol; …

§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: (a) Another person by the operation of a vehicle in a negligent manner; or (b) A vulnerable user by the operation of a…

§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: (a) Serious bodily injury to another person by the operation of a vehicle in a negligent manner; or (b) Substantial bodily injury to a vu…

§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: (a) Serious bodily injury to another person; or (b) Substantial bodily injury to…

§707-711 Assault in the second degree. (1) A person commits the offense of assault in the second degree if the person: (a) Intentionally, knowingly, or recklessly causes substantial bodily injury to another; (b) Recklessly causes serious bodily injury to another; (c) Intentionall…

§707-712 Assault in the third degree. (1) A person commits the offense of assault in the third degree if the person: (a) Intentionally, knowingly, or recklessly causes bodily injury to another person; or (b) Negligently causes bodily injury to another person with a dangerous inst…

[§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 [Section repealed June 30, 2027.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: (a) Assault in the third degree under section 707-712 that is ca…

§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: (a) Intentionally or knowingly causes bodily injury to a law enforcement officer who is engag…

[§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: (a…

§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: (a) Engages in conduct that recklessly places another person in danger of death or serious bodily injury; or (b) Intentionally discharg…

§707-714.5 Criminally negligent storage of a firearm. (1) A person commits the offense of criminally negligent storage of a firearm if: (a) The person violates section 134-10.5; (b) The person knows or reasonably should know that a minor is likely to gain access to the firearm wi…

§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: (a) By threatening another person on more than one occasion for the same or a similar purpose; (b) …

[§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: (a) Causes serious bodily injury to another person within the actor's custody or physical control; (b) Causes serious bodily injury or substantial bodily injury to another person, and the actor has previously engaged in a pattern …

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: (a) Hold that person for ransom or reward; (b) Use that person as a sh…

§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: (a) The person restr…

§707-726 Custodial interference in the first degree. (1) A person commits the offense of custodial interference in the first degree if: (a) The person: (i) Intentionally or knowingly violates a court order issued pursuant to chapter 586, or intentionally or knowingly takes, entic…

§707-727 Custodial interference in the second degree. (1) A person commits the offense of custodial interference in the second degree if: (a) The person intentionally or knowingly takes, entices, conceals, or detains a minor knowing that the person has no right to do so; or (b) T…

§707-730 Sexual assault in the first degree. (1) A person commits the offense of sexual assault in the first degree if the person: (a) Knowingly subjects another person to an act of sexual penetration by strong compulsion; (b) Knowingly engages in sexual penetration with a person…

§707-731 Sexual assault in the second degree. (1) A person commits the offense of sexual assault in the second degree if the person: (a) Knowingly subjects another person to an act of sexual penetration by compulsion; (b) Knowingly subjects to sexual penetration a person who is m…

§707-732 Sexual assault in the third degree. (1) A person commits the offense of sexual assault in the third degree if the person: (a) Recklessly subjects another person to an act of sexual penetration by compulsion; (b) Knowingly subjects to sexual contact a person who is less t…

§707-733 Sexual assault in the fourth degree. (1) A person commits the offense of sexual assault in the fourth degree if: (a) The person knowingly subjects another person, not married to the actor, to sexual contact by compulsion or causes another person, not married to the actor…

[§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: (a) Either resides in the same home with a minor under the age of fourteen ye…

§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: (a) Produces or participates in the preparation of …

§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: (a) Disseminates child pornography; (b) Reproduces child pornography wit…

[§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: (a) Child pornography; (b) Any book, magazine, periodical, fil…

[§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: (a) Possessed less than three images of child pornography; and (b) Promptly and in good faith, and without reta…

§707-756 Electronic enticement of a child in the first degree. (1) Any person who, using a computer or any other electronic device: (a) Intentionally or knowingly communicates: (i) With a minor known by the person to be under the age of eighteen years; (ii) With another person, i…

§707-757 Electronic enticement of a child in the second degree. (1) Any person who, using a computer or any other electronic device: (a) Intentionally or knowingly communicates: (i) With a minor known by the person to be under the age of eighteen years; (ii) With another person, …

[§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: (a) To collect or attempt to collect any ex…

§707-764 Extortion. A person commits extortion if the person does any of the following: (1) Obtains, or exerts control over, the property, labor, or services of another with intent to deprive another of property, labor, or services by threatening by word or conduct to: (a) Cause …

§707-765 Extortion in the first degree. (1) A person commits the offense of extortion in the first degree if the person commits extortion: (a) Of property, labor, or services the value of which exceeds $200 in total during any twelve-month period; or (b) By making or financing an…

§707-766 Extortion in the second degree. (1) A person commits the offense of extortion in the second degree if the person commits extortion: (a) Of property, labor, or services the value of which exceeds $50 during any twelve-month period; or (b) As set forth in section 707-764(2…

§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, …