Title 37, Hawaii Penal Code

PART I. GENERAL PROVISIONS RELATING TO OFFENSES AGAINST PUBLIC ADMINISTRATION §710-1000 Definitions of terms in this chapter. In this chapter, unless a different meaning plainly is required: "Administrative proceeding" means any proceeding the outcome of which is required to be b…

§710-1001 Forfeiture of property used as benefit or pecuniary benefit in the commission of an offense defined in this chapter. Any property offered, conferred, agreed to be conferred, or accepted as a benefit, pecuniary benefit, or compensation in the commission of an offense def…

PART II. OBSTRUCTION OF PUBLIC ADMINISTRATION §710-1010 Obstructing government operations. (1) A person commits the offense of obstructing government operations if, by using or threatening to use violence, force, or physical interference or obstacle, the person intentionally obst…

[§710-1010.2] Official misconduct. (1) A public servant commits the offense of official misconduct when, in the person's official capacity, the person: (2) As used in this section: "An official duty that is imposed upon the person by law or is clearly inherent in the nature of th…

[§710-1010.5] Interference with reporting an emergency or crime. (1) A person commits the offense of interference with reporting an emergency or crime if the person intentionally or knowingly prevents a victim or witness to a criminal act from calling a 911-emergency telephone sy…

§710-1011 Refusing to aid a law enforcement officer. (1) A person commits the offense of refusing to aid a law enforcement officer when, upon a reasonable command by a person known to him to be a law enforcement officer, he intentionally refuses or fails to aid such law enforceme…

§710-1012 Refusing to assist in fire control. (1) A person commits the offense of refusing to assist in fire control when: (2) "Firefighter" means any officer of a fire department or any other person vested by law with the duty to extinguish fires. (3) Refusing to assist in fire …

§710-1013 Compounding. (1) A person commits the offense of compounding if the person intentionally accepts or agrees to accept any pecuniary benefit as consideration for: (2) It is an affirmative defense to a prosecution under subsection (1) that the pecuniary benefit did not exc…

§710-1014 Rendering a false alarm. (1) A person commits the offense of rendering a false alarm if the person knowingly causes a false alarm of fire or other emergency to be transmitted to or within an official or volunteer fire department, any other government agency, or any publ…

§710-1014.5 Misuse of 911 emergency telephone service. (1) A person commits the offense of misuse of 911 emergency telephone service if the person accesses the telephone number 911 and: (2) Misuse of 911 emergency telephone service is a misdemeanor. (3) For purposes of this secti…

§710-1015 False reporting to law-enforcement authorities. (1) A person commits the offense of false reporting to law-enforcement authorities if the person intentionally makes a report or causes the transmission of a report to law-enforcement authorities relating to a crime or oth…

§710-1016 Impersonating a public servant. (1) A person commits the offense of impersonating a public servant if the person pretends to be a public servant other than a law enforcement officer and engages in any conduct in that capacity with intent to deceive anyone. (2) It is no …

§710-1016.3 Obtaining a government-issued identification document under false pretenses in the first degree. (1) A person commits the offense of obtaining a government-issued identification document under false pretenses in the first degree if that person, with intent to mislead …

§710-1016.4 Obtaining a government-issued identification document under false pretenses in the second degree. (1) A person commits the offense of obtaining a government-issued identification document under false pretenses in the second degree if that person, with intent to mislea…

[§710-1016.6] Impersonating a law enforcement officer in the first degree. (1) A person commits the offense of impersonating a law enforcement officer in the first degree if, with intent to deceive, the person pretends to be a law enforcement officer and is armed with a firearm. …

[§710-1016.7] Impersonating a law enforcement officer in the second degree. (1) A person commits the offense of impersonating a law enforcement officer in the second degree if, with intent to deceive, the person pretends to be a law enforcement officer. (2) Impersonating a law en…

[§710-1016.8] Presumptions. Any person other than a law enforcement officer, who wears the uniform or displays the badge or identification card of a law enforcement officer, or who wears a uniform or displays a badge or identification card resembling the uniform, badge or identif…

[§710-1016.9] Defense. (1) Employment by the State or a subdivision thereof or by the United States as a law enforcement officer at the time of the conduct charged is an affirmative defense to a prosecution for impersonating a law enforcement officer. (2) It is no defense to a pr…

§710-1017 Tampering with a government record. (1) A person commits the offense of tampering with a government record if: (2) For the purpose of this section, "government record" means all records created, issued, received, or kept by any governmental office or agency or required …

[§710-1017.5] Sale or manufacture of deceptive identification document; penalties. (1) A person commits the offense of sale or manufacture of deceptive identification document if the person intentionally or knowingly manufactures, sells, offers for sale, furnishes, offers to be f…

§710-1018 Securing the proceeds of an offense. (1) A person commits the offense of securing the proceeds of an offense if, with intent to assist another in profiting or benefiting from the commission of a crime, he aids the person in securing the proceeds of the crime. (2) Securi…

[§710-1019] Destroying or defacing official notices; penalty. (1) Any person who intentionally or knowingly removes, destroys or defaces any notice posted in compliance with any statute, rule, order of court, or order of the department of health, before the expiration date of the…

PART III. ESCAPE AND OTHER OFFENSES RELATED TO CUSTODY §710-1020 Escape in the first degree. (1) A person commits the offense of escape in the first degree if the person intentionally employs physical force, the threat of physical force, or a dangerous instrument against the pers…

§710-1021 Escape in the second degree. (1) A person commits the offense of escape in the second degree if the person intentionally escapes from a correctional or detention facility or from custody. (2) Escape in the second degree is a class C felony. [L 1972, c 9, pt of 1; gen ch…

§710-1022 Promoting prison contraband in the first degree. (1) A person commits the offense of promoting prison contraband in the first degree if: (2) A "dangerous instrument" shall have the same meaning as defined in section 707-700; a dangerous instrument may only be possessed …

§710-1023 Promoting prison contraband in the second degree. (1) A person commits the offense of promoting prison contraband in the second degree if: (2) "Contraband" means any article or thing, other than a dangerous instrument or drug as defined in section 710-1022(2), that a pe…

§710-1024 Bail jumping in the first degree. (1) A person commits the offense of bail jumping in the first degree if, having been released from custody by court order with or without bail, upon condition that the person will subsequently appear as ordered in connection with a char…

§710-1025 Bail jumping in the second degree. (1) A person commits the offense of bail jumping in the second degree if, having been released from custody by court order with or without bail, upon condition that the person will subsequently appear as ordered in connection with a ch…

§710-1026 Resisting arrest. (1) A person commits the offense of resisting arrest if the person intentionally prevents a law enforcement officer acting under color of the law enforcement officer's official authority from effecting an arrest by: (2) Resisting arrest is a misdemeano…

[§710-1026.9] Resisting an order to stop a motor vehicle in the first degree. (1) A person commits the offense of resisting an order to stop a motor vehicle in the first degree if the person: For purposes of this section, "the applicable state or county speed limit" shall have th…

§710-1027 Resisting an order to stop a motor vehicle in the second degree. (1) A person commits the offense of resisting an order to stop a motor vehicle in the second degree if the person intentionally fails to obey a direction of a law enforcement officer, acting under color of…

§710-1028 Hindering prosecution; definition of rendering assistance. For the purposes of sections [710-1029 and 710-1030], a person renders assistance to another if he:

§710-1029 Hindering prosecution in the first degree. (1) A person commits the offense of hindering prosecution in the first degree if, with the intent to hinder the apprehension, prosecution, conviction, or punishment of another for a class A, B, or C felony or murder in any degr…

§710-1030 Hindering prosecution in the second degree. (1) A person commits the offense of hindering prosecution in the second degree if, with the intent to hinder the apprehension, prosecution, conviction, or punishment of another for a crime, he renders assistance to such person…

§710-1031 Intimidating a correctional worker. (1) A person commits the offense of intimidation of a correctional worker if the person uses force upon or a threat of force directed to a correctional worker, or the correctional worker's immediate family, with intent to influence su…

PART IV. BRIBERY §710-1040 Bribery. (1) A person commits the offense of bribery if: (2) It is a defense to a prosecution under subsection (1) that the accused conferred or agreed to confer the pecuniary benefit as a result of extortion or coercion. (3) For purposes of this sectio…

PART V. PERJURY AND RELATED OFFENSES §710-1060 Perjury. (1) A person commits the offense of perjury if in any official proceeding the person makes, under an oath required or authorized by law, a false statement which the person does not believe to be true. (2) No person shall be …

§710-1061 False swearing in official matters. (1) A person commits the offense of false swearing in official matters if the person makes, under an oath required or authorized by law, a false statement which the person does not believe to be true, and: (2) False swearing in offici…

§710-1062 False swearing. (1) A person commits the offense of false swearing if the person makes, under oath required or authorized by law, a false statement which the person does not believe to be true. (2) False swearing is a petty misdemeanor. [L 1972, c 9, pt of §1; gen ch 19…

§710-1063 Unsworn falsification to authorities. (1) A person commits the offense of unsworn falsification to authorities if, with an intent to mislead a public servant in the performance of the public servant's duty, the person: (2) Unsworn falsification to authorities is a misde…

§710-1064 Retraction. (1) It is a defense to a prosecution under this part that the defendant retracted the defendant's falsification: (2) "In the course of the same proceeding" includes separate hearings at separate stages of the same official or administrative proceeding but do…

§710-1065 Inconsistent statements. (1) Where a person has made inconsistent statements, each of which if made with the requisite state of mind and under the requisite circumstances would constitute an offense specified in this part, and both statements have been made within the p…

§710-1066 No prosecution based on previous denial of guilt. No prosecution shall be brought:

§710-1067 Corroboration. In any prosecution under this part, except a prosecution based upon inconsistent statements pursuant to section 710-1065, falsity of a statement may not be established solely through contradiction by the testimony of a single witness. [L 1972, c 9, pt of …

§710-1068 Irregularities no defense. It is not a defense to a prosecution under this part:

[§710-1069] Misrepresenting a notarized document in the first degree. (1) A person commits the offense of misrepresenting a notarized document in the first degree if the person submits or invites reliance on a document that the person knows has been altered after the document had…

[§710-1069.5] Misrepresenting a notarized document in the second degree. (1) A person commits the offense of misrepresenting a notarized document in the second degree if, with intent to mislead another, the person submits or invites reliance on a document that the person knows ha…

PART VI. OFFENSES RELATED TO JUDICIAL AND OTHER PROCEEDINGS §710-1070 Bribery of or by a witness. (1) A person commits the offense of bribing a witness if he confers, or offers or agrees to confer, directly or indirectly, any benefit upon a witness or a person he believes is abou…

§710-1071 Intimidating a witness. (1) A person commits the offense of intimidating a witness if he uses force upon or a threat directed to a witness or a person he believes is about to be called as a witness in any official proceeding, with intent to: (2) "Threat" as used in this…

§710-1072 Tampering with a witness. (1) A person commits the offense of tampering with a witness if he intentionally engages in conduct to induce a witness or a person he believes is about to be called as a witness in any official proceeding to: (2) Tampering with a witness is a …