Chapter 708 — Chapter 708

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 agricu…

§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 following shall apply:

§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 of the photograph. Such photograph shall be deemed competent evid…

§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 property crime. (2) For the purposes of this section, "habitual property crime perpetrator" means a person who, withi…

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 intent to commit therein a crime against a person…

[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 organization providing money, goods, services, or anything else of value, or a…

§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 intent to commit therein a crime against a person or against property rights. (2) Burglary in the …

§708-812 Possession of burglar's tools. (1) A person commits the offense of possession of burglar's tools if: (2) Possession of burglar's tools is a misdemeanor. (3) A master key taken in evidence shall be impounded by the court and returned to the owner of the locks or premises …

§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 into a dwelling and another person was lawfully present in the dw…

PART XI. MONETARY LAUNDERING--REPEALED §§708-8120 and 708-8121 REPEALED. L 1995, c 119, §3.

§708-813 Criminal trespass in the first degree. (1) A person commits the offense of criminal trespass in the first degree if: (2) Subsection (1) shall not apply to: (3) As used in this section, "process server" means any person authorized under the Hawaii rules of civil procedure…

§708-814 Criminal trespass in the second degree. (1) A person commits the offense of criminal trespass in the second degree if: (2) Subsection (1) shall not apply to: (3) Criminal trespass in the second degree is a petty misdemeanor. [L 1972, c 9, pt of §1; am L 1974, c 49, §1; 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 is a violation. [L 1972, c 9, pt of §1; gen ch 1993]

§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 l…

§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 inten…

PART III. CRIMINAL DAMAGE TO PROPERTY §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: (2) Criminal property damage in the first degree is a class B felony; provide…

[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: (2) Cable television service fraud in the first degre…

§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: (2) For the purpose of this section: "Access device" means any number or code of an existing, canceled, revoked, o…

§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: (2) For the purposes of this section: "Access device" means any number or code of an existing, canceled, revoked…

§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 pos…

§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: (2) Criminal property damage in the second degree is a class C felony; provided that any person convicted of viol…

§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: (2) Criminal property damage in the third degree is a misdemeanor; provided that any person convicted of violating …

§708-823 Criminal property damage in the fourth degree. (1) A person commits the offense of criminal property damage in the fourth degree if by means other than fire, the person intentionally or knowingly damages the property of another without the other's consent. (2) Criminal p…

§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: (2) For purposes of this section, "convicted two or more times" means that, at the time of the instant offense, the pers…

§708-823.6 Graffiti; sentencing. (1) Whenever a person is sentenced under section 708-821, 708-822, 708-823, or 708-823.5 for an offense in which the damage is caused by graffiti, in addition to any penalty prescribed by those sections, the person shall be required to: provided t…

§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 dan…

§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…

§708-8254 Arson in the fourth degree. (1) A person commits the offense of arson in the fourth degree if the person intentionally, knowingly, or recklessly sets fire to, or causes to be burned, property and thereby damages the property of another without the other's consent. (2) E…

§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…

§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…

§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-smell…

§708-829 Criminal littering. (1) A person commits the offense of criminal littering if that person knowingly places, throws, or drops litter on any public or private property or in any public or private waters, except: (2) "Litter" means rubbish, refuse, waste material, garbage, …

PART IV. THEFT AND RELATED OFFENSES §708-830 Theft. A person commits theft if the person does any of the following:

§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: (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, …

§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: (2) The value of any work done by the unlicensed contractor shall not be used as an offset for the value of the proper…

§708-831 Theft in the second degree. (1) A person commits the offense of theft in the second degree if the person commits theft of: (2) Theft in the second degree is a class C felony. A person convicted of committing the offense of theft in the second degree under subsection (1)(…

§708-832 Theft in the third degree. (1) A person commits the offense of theft in the third degree if the person commits theft: (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; …

§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 not in excess of $250. (2) Theft in the fourth degree is a petty misdemeanor. [L 1972, c 9, pt of §1; am L 1986, c …

§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:

§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: (2) If the owner of the property is the defendant's spouse or reciprocal beneficiary, it is a defense t…

§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…

§708-835.5 Theft of livestock. (1) A person commits the offense of theft of livestock if the person commits theft by: (2) Possession of livestock without a livestock ownership and movement certificate, when a certificate is required pursuant to section 142-49, is prima facie evid…

§708-836 Unauthorized control of a propelled vehicle in the first degree. (1) A person commits the offense of unauthorized control of a propelled vehicle in the first degree if the person intentionally or knowingly exerts unauthorized control over another's propelled vehicle by o…

§708-836.1 Unauthorized control of a propelled vehicle in the second degree. (1) A person commits the offense of unauthorized control of a propelled vehicle in the second degree if the person recklessly or negligently exerts unauthorized control over another's propelled vehicle b…

§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, lic…

§708-838 Removal of identification marks. A person commits the offense of removal of identification marks if on any bicycle, movable or immovable construction tool or equipment, appliance, merchandise, or other article for the purpose of identifying the bicycle, movable or immova…

§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 thereof has been erased, altered, changed or removed for the purpose of changing the identity of…

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 motor vehicle: (2) As used in this section: "Dangerous instrument" means any firearm, whether …

§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 motor vehicle: (2) Robbery in the second degree is a class B felony. [L 1972, c 9, pt of §1; am L 1983, c 68…

§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 attempt to commit theft or non-consensual taking of a motor vehicle, in the commission of theft or …