Title 37, Hawaii Penal Code

[§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 conduct for which the person is charged under this section, for…

[§708-8302] Unlicensed contractor fraud. (1) A person commits the offense of unlicensed contractor fraud if the person: (2) For purposes of this section, "deception", as defined in section 708-800, includes deception as to the person's status as a licensed contractor or as to per…

[§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 of the property over which the person obtains control is equal to…

[§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 of the property over which the person obtains control is less t…

§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…

[§708-835.4] 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…

§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…

[§708-835.55] 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 p…

[§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 cond…

[§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…

[§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 …

[§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, stencil…

[§708-835.9] Theft of urn. (1) A person commits the offense of theft of urn if the person: (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]

§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…

[§708-836.6] 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 other…

[§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 sec…

[§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 the person, or his agent, from whom the vehicle was rented within forty-eight ho…

[§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 or intentionally does not return the leased or rented person…

§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…

[§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 course or path of utility services without the authorization or consent of the utility. "Pers…

[§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 infor…

[§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 or indirectly, a transmission of any personal information of another by any oral statement, any writt…

[§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 or indirectly, a transmission of any personal information of another by any oral statement, any wri…

[§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 or indirectly, a transmission of any personal information of another by any oral statement, any writt…

[§708-839.9] Theft of mail. (1) A person commits the offense of theft of mail if the person intentionally obtains or exerts unauthorized control over mail from another person's mailbox or premises without the effective consent of the addressee and with the intent to deprive that …

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 …

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 drawn with respect to every essential fe…

§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 alters a written instrument, or utters a forged instrument, or fraudulently encodes the magnetic ink…

§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: (2) Forgery in the second degree is a class C felony. [L 1972, c 9, pt of §1; am L 1988, c 155, §3; gen ch 1992; am L 1997, c 243, §3; a…

§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 alters a written instrument, or utters a forged instrument. (2) Forgery in the third degree is a mis…

§708-854 Criminal possession of a forgery device. (1) A person commits the offense of criminal possession of a forgery device if: (2) Criminal possession of a forgery device is a class C felony. [L 1972, c 9, pt of §1; gen ch 1993]

§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 it appears to have an antiquity, rarity, source, or authorship that it does not in fact possess. (2) In subsec…

§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: (2) Obtaining a signature by deception is a misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]

§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 it will not be honored by the maker or drawee. (2) For …

§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, codicil, or other testamentary instrument. (2) A person commits …