Title 37, Hawaii Penal Code

§705-526 Grading of criminal conspiracy. (1) A conspiracy to commit murder in any degree is a class A felony. (2) Except as provided in subsection (1), a conspiracy to commit a class A felony is a class B felony. (3) Except as provided in subsections (1) and (2), conspiracy to co…

PART IV. GENERAL PROVISIONS RELATING TO INCHOATE OFFENSES §705-530 Renunciation of attempt, solicitation, or conspiracy; affirmative defense. (1) In a prosecution for criminal attempt, it is an affirmative defense that the defendant, under circumstances manifesting a voluntary an…

§705-531 Multiple convictions. A person may not be convicted of more than one offense defined by this chapter for conduct designed to commit or culminate in the commission of the same substantive crime. [L 1972, c 9, pt of §1]

PART I. PRE-SENTENCE INVESTIGATION AND REPORT, AUTHORIZED DISPOSITION, AND CLASSES OF FELONIES §706-600 Sentence in accordance with this chapter; other applicable law. A sentence shall be imposed in accordance with this chapter, unless otherwise provided by applicable law. [L 197…

§706-600.5 Definitions of terms in this chapter. In this chapter, unless a different meaning plainly is required: "Day" means a twenty-four-hour period of time. "Month" means a thirty-day period of time. "Secure drug treatment facility" means a facility employing security protoco…

[§706-600.6] Time of release. A person imprisoned whose term of imprisonment ends between the hours of 9:00 p.m. to 12:00 midnight, may be released at 9:00 p.m. A person imprisoned whose term of imprisonment ends between the hours of 12:00 midnight to 7:00 a.m. may be released at…

§706-601 Pre-sentence diagnosis and report. (1) Except as provided in subsections (3) and (4), the court shall order a pre-sentence correctional diagnosis of the defendant and accord due consideration to a written report of the diagnosis before imposing sentence where: (a) The de…

§706-602 Pre-sentence diagnosis, notice to victims, and report. (1) The pre-sentence diagnosis and report shall be made by personnel assigned to the court or other agency designated by the court and shall include: (a) An analysis of the circumstances attending the commission of t…

§706-603 DNA analysis monetary assessment; DNA registry special fund. (1) In addition to any disposition authorized by chapter 706 or 853, every defendant convicted of a felony offense shall be ordered to pay a monetary assessment of $500 or the actual cost of the DNA analysis, w…

§706-604 Opportunity to be heard with respect to sentence; notice of pre-sentence report; opportunity to controvert or supplement; transmission of report to department. (1) Before imposing sentence, the court shall afford a fair opportunity to the defendant to be heard on the iss…

§706-605 Authorized disposition of convicted defendants. (1) Except as provided in parts II and IV or in section 706-647 and subsections (2), (6), and (7), and subject to the applicable provisions of this Code, the court may sentence a convicted defendant to one or more of the fo…

§706-605.1 Intermediate sanctions; eligibility; criteria and conditions. (1) The judiciary shall implement alternative programs that place, control, supervise, and treat selected defendants in lieu of a sentence of incarceration. (2) Defendants may be considered for sentencing to…

§706-605.6 Assault against a sports official. (1) If a person is convicted of the offense of: (a) Assault in the first degree, as provided by section 707-710; (b) Assault in the second degree, as provided by section 707-711(1)(a), (b), (d), or (n); (c) Assault in the third degree…

§706-606 Factors to be considered in imposing a sentence. The court, in determining the particular sentence to be imposed, shall consider: (1) The nature and circumstances of the offense and the history and characteristics of the defendant; (2) The need for the sentence imposed: …

§706-606.2 Special sentencing considerations for arson; other actions not prohibited. (1) In addition to any other penalty imposed, a person convicted of arson involving fire set to brush, grass, vegetation on the land resulting in damage to ten thousand square feet or more of pr…

§706-606.3 Expedited sentencing program. (1) A person who has committed intra-family sexual assault may be considered for the expedited sentencing program in accordance with this section. As used in this section, "intra-family" sexual assault means any criminal offense of felony …

§706-606.4 Sentencing in enumerated offenses committed in the presence of a minor. (1) In addition to the factors considered under section 706-606, the court shall consider the following aggravating factors in determining the particular sentence to be imposed: (a) The defendant h…

§706-606.5 Sentencing of repeat offenders. (1) Notwithstanding section 706-669 and any other law to the contrary, any person convicted of murder in the second degree, any class A felony, any class B felony, or any of the following class C felonies: (a) Section 134-7 relating to p…

§706-606.6 Repeat violent and sexual offender; enhanced sentence. (1) Notwithstanding any other provision of law to the contrary, any person who is convicted of an offense under section 707-701.5, 707-702, 707-730, 707-731, 707-732, 707-733.6, 707-750, 708-840, 712-1202, 712-1203…

[§706-606.7] Discretion when sentencing a defendant for an offense committed while a minor. (1) If a person is convicted as an adult for an offense that the person committed when the person was a minor, in addition to any other factor that the court is required to consider before…

§706-607 Civil commitment in lieu of prosecution or of sentence. (1) When a person prosecuted for a class C felony, misdemeanor, or petty misdemeanor is a chronic alcoholic, narcotic addict, or person suffering from mental abnormality and the person is subject by law to involunta…

§706-608 Penalties against corporations and unincorporated associations; forfeiture of corporate charter or revocation of certificate authorizing foreign corporation to do business in the State. (1) The court may sentence a corporation or an unincorporated association which has b…

§706-609 Resentence for the same offense or for offense based on the same conduct not to be more severe than prior sentence. When a conviction or sentence is set aside on direct or collateral attack, the court shall not impose a new sentence for the same offense, or for a differe…

§706-610 Classes of felonies. (1) Apart from first and second degree murder and attempted first and second degree murder, felonies defined by this Code are classified, for the purpose of sentence, into three classes, as follows: (a) Class A felonies; (b) Class B felonies; and (c)…

PART II. PROBATION §706-620 Authority to withhold sentence of imprisonment. A defendant who has been convicted of a crime may be sentenced to a term of probation unless: (1) The crime is first or second degree murder or attempted first or second degree murder; (2) The crime is a …

§706-621 Factors to be considered in imposing a term of probation. The court, in determining whether to impose a term of probation, shall consider: (1) The factors set forth in section 706-606 to the extent that they are applicable; (2) The following factors, to be accorded weigh…

§706-622 Requirement of probation; exception. When a person who has been convicted of a felony is not sentenced to imprisonment, the court shall place the person on probation. Nothing in this part shall prohibit the court from suspending any sentence imposed upon persons convicte…

§706-622.5 Sentencing for drug offenders; expungement. (1) Notwithstanding section 706-620(3), a person convicted for the first or second time for any offense under section 329-43.5, except offenses under subsections (a) and (b) of that section which constitute violations, involv…

[§706-622.8] First-time drug offender prior to 2004; probation; expungement. A person sentenced prior to July 1, 2004, for a first-time drug offense, pursuant to section 706‑622.5, and who otherwise meets all the requirements of section 706‑622.5, may apply to the court for expun…

§706-622.9 Sentencing for first-time property offenders; expungement. (1) Notwithstanding section 706-620(3), a person convicted for the first time of any class C felony property offense under chapter 708 who has not previously been sentenced under section 706-606.5, section 706-…

§706-623 Terms of probation. (1) [Repeal and reenactment on June 30, 2026. L 2020, c 19, §15.] When the court has sentenced a defendant to be placed on probation, the period of probation shall be as follows, unless the court enters the reason therefor on the record and sentences …

§706-624 Conditions of probation. (1) Mandatory conditions. The court shall provide, as an explicit condition of a sentence of probation: (a) That the defendant not commit another federal or state crime or engage in criminal conduct in any foreign jurisdiction or under military j…

§706-624.5 Notice of probation. (1) Whenever the court places a defendant convicted of an offense against the person as described in chapter 707, or of an attempt to commit such an offense on probation without requiring the serving of a term of imprisonment, the court shall provi…

§706-625 Revocation, modification of probation conditions. (1) The court, on application of a probation officer, the prosecuting attorney, the defendant, or on its own motion, after a hearing, may revoke probation except as provided in subsections (6) and (7), reduce or enlarge t…

§706-626 Summons or arrest of defendant on probation; commitment without bail. At any time before the discharge of the defendant or the termination of the period of probation: (1) The court may, in connection with the probation, summon the defendant to appear before it or may iss…

§706-627 Tolling of probation. (1) Upon the filing of a motion to revoke a probation or a motion to enlarge the conditions imposed thereby, the period of probation shall be tolled pending the hearing upon the motion and the decision of the court. The period of tolling shall be co…

§706-629 Calculation of multiple dispositions involving probation and imprisonment, or multiple terms of probation. (1) When the disposition of a defendant involves more than one crime: (a) The court shall not impose a sentence of probation and a sentence of imprisonment except a…

§706-630 Discharge of defendant. Upon the termination of the period of the probation or the earlier discharge of the defendant, the defendant shall be relieved of any obligations imposed by the order of the court and shall have satisfied the disposition of the court, except as to…

§706-631 Probation is a final judgment for other purposes. A judgment sentencing a defendant to be placed on probation shall be deemed tentative, to the extent provided in this chapter, but for all other purposes shall constitute a final judgment. [L 1972, c 9, pt of §1; am L 198…

PART III. FEES, FINES, AND RESTITUTION §706-640 Authorized fines. (1) A person who has been convicted of an offense may be sentenced to pay a fine not exceeding: (a) $50,000, when the conviction is of a class A felony, murder in the first or second degree, or attempted murder in …

§706-641 Criteria for imposing fines. (1) The court shall not sentence a defendant only to pay a fine, when any other disposition is authorized by law, except in misdemeanor and petty misdemeanor cases. (2) The court shall not sentence a defendant to pay a fine in addition to a s…

§706-642 Time and method of payment. (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified period of time or in specified installments. If no such permission is embodied in the sentence, the fine shall be pay…

§706-643 Disposition of funds. (1) The defendant shall pay a fine or any installment thereof to the cashier or clerk of the district or circuit court. In the event of default in payment, the clerk shall notify the prosecuting attorney and, if the defendant is on probation, the pr…

§706-644 Consequences of nonpayment; imprisonment for contumacious nonpayment; summary collection. (1) When a defendant is sentenced pursuant to section 706-605, granted a conditional discharge pursuant to section 712-1255, or granted a deferred plea pursuant to chapter 853, and …

§706-645 Revocation of fine or restitution. (1) A defendant who has been sentenced to pay a fine or restitution and who is not in contumacious default in the payment thereof may at any time petition the court which sentenced the defendant for a revocation of the fine or restituti…

§706-646 Victim restitution. (1) As used in this section, "victim" includes any of the following: (a) The direct victim of a crime including a business entity, trust, or governmental entity; (b) If the victim dies as a result of the crime, a surviving relative of the victim as de…