Title 37, Hawaii Penal Code

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…

[§708-804] Control of albizia trees on private property. (a) An owner of real property or the owner's agent shall be authorized to enter vacant real property that is privately owned and directly adjacent to the entering owner's property to control one or more albizia trees locate…

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…

[§708-8100.5] 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 or organization providing money, goods, services or anything else of value, the person: (2) Fr…

[§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 to be made, either directly or indirectly, any false statement in writing, kn…

[§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 that it has been so taken, receives the credit card with intent to use it or…

[§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 card by the cardholder, or any agent or employees of such person, who, with int…

[§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 a person possessing, with knowledge of its character, mac…

[§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 of a list of any credit cardholders and their addresses and account numbers to an…

[§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:

§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 …

[§708-812.5] 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 intent to commit within the build…

§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 into a dwelling and another person was, at the time of the entry, …

§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…

§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…

[§708-814.5] 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 public park or recreational ground after a request to leave is…

[§708-814.7] Criminal trespass onto state lands. (1) Except for lands owned by the office of Hawaiian affairs, and except for improved state lands that are designated safe havens by state departments or agencies, or that are under executive order by the governor to be used as a s…

[§708-814.8] Enforcement of trespass laws on public land. When trespass involves public land, any state or county law enforcement officer may enforce the trespass laws of this part without regard to whether the land is owned by the State or by a county; provided that nothing in t…

§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…

[§708-816.5] 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 abuse shelter after reasonable…

§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 chapter 127A and within the area covered by the emergency period, the person: (2) …

§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…

[§708-8201] 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: (2) Cable television service fraud in the second degree is a misdemeanor. [L 1987, c 268, pt of §2]

§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…

[§708-823.2] Criminal trespass on agricultural land. (1) A person commits the offense of criminal trespass on agricultural land if the person enters or remains unlawfully on agricultural land without the permission of the owner of the land, the owner's agent who is authorized by …

§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…

[Part XIII.] ARSON [§708-8251] Arson in the first degree. (1) A person commits the offense of arson in the first degree if the person intentionally or knowingly sets fire to or causes to be burned property and: (2) Arson in the first degree is a class A felony. [L 2006, c 181, pt…

[§708-8252] Arson in the second degree. (1) A person commits the offense of arson in the second degree if the person intentionally or knowingly sets fire to or causes to be burned property and: (2) Arson in the second degree is a class B felony. [L 2006, c 181, pt of §1]

[§708-8253] Arson in the third degree. (1) A person commits the offense of arson in the third degree if the person intentionally or knowingly sets fire to or causes to be burned property and: (2) Arson in the third degree is a class C felony. [L 2006, c 181, pt of §1]

§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…