Title 37, Hawaii Penal Code

[§706-651] Payments by defendant; order of priority. When a defendant is ordered to make payments pursuant to chapters 351, 706, 846F, and 853, or as otherwise provided by law, payments shall be made in the following order of priority:

PART IV. IMPRISONMENT §706-656 Terms of imprisonment for first and second degree murder and attempted first and second degree murder. (1) Persons twenty-one years of age or older at the time of the offense who are convicted of first degree murder or first degree attempted murder …

§706-657 Enhanced sentence for second degree murder. (a) The court may sentence a person who was twenty-one years of age or older at the time of the offense and who has been convicted of murder in the second degree to life imprisonment without the possibility of parole under sect…

§706-659 Sentence of imprisonment for class A felony. Notwithstanding part II; sections 706-605, 706-606, 706-606.5, 706-660.1, 706-661, and 706-662; and any other law to the contrary, a person who has been convicted of a class A felony, except class A felonies defined in chapter…

§706-660 Sentence of imprisonment for class B and C felonies; ordinary terms; discretionary terms. (1) Except as provided in subsection (2), a person who has been convicted of a class B or class C felony may be sentenced to an indeterminate term of imprisonment except as provided…

§706-660.1 Sentence of imprisonment for use of a firearm, semiautomatic firearm, or automatic firearm in a felony. (1) A person convicted of a felony, where the person had a firearm in the person's possession or threatened its use or used the firearm while engaged in the commissi…

§706-660.2 Sentence of imprisonment for offenses against children, elder persons, or handicapped persons. (1) Notwithstanding section 706-669, if not subjected to an extended term of imprisonment pursuant to section 706-662, a person shall be sentenced to a mandatory minimum term…

[§706-660.5] Sentence of imprisonment for use of a ghost gun in a felony. (1) A person convicted of a felony, where the person had a ghost gun in the person's possession or threatened its use or used the ghost gun while engaged in the commission of the felony, whether the ghost g…

§706-661 Extended terms of imprisonment. The court may sentence a person who satisfies the criteria for any of the categories set forth in section 706-662 to an extended term of imprisonment, which shall have a maximum length as follows: When ordering an extended term sentence, t…

§706-662 Criteria for extended terms of imprisonment. A defendant who has been convicted of a felony may be subject to an extended term of imprisonment under section 706-661 if it is proven beyond a reasonable doubt that an extended term of imprisonment is necessary for the prote…

§706-663 Sentence of imprisonment for misdemeanor and petty misdemeanor. After consideration of the factors set forth in sections 706-606 and 706-621, the court may sentence a person who has been convicted of a misdemeanor or a petty misdemeanor to imprisonment for a definite ter…

§706-664 Procedure for imposing extended terms of imprisonment. (1) Hearings to determine the grounds for imposing extended terms of imprisonment may be initiated by the prosecutor or by the court on its own motion. The court shall not impose an extended term unless the ground th…

§706-665 Former conviction in another jurisdiction. For purposes of sections 706-606.5, 706-620, and 706-662(1), a conviction of the commission of a crime in another jurisdiction shall constitute a previous conviction. Such conviction shall be deemed to have been of a felony if s…

§706-666 Definition of proof of conviction. (1) An adjudication by a court of competent jurisdiction that the defendant committed a crime constitutes a conviction for purposes of sections 706-606.5, 706-662, and 706-665, although sentence or the execution thereof was suspended, p…

§706-667 Young adult defendants. (1) Defined. A young adult defendant is a person convicted of a crime who, at the time of the offense, is less than twenty-two years of age and who has not been previously convicted of a felony as an adult or adjudicated as a juvenile for an offen…

§706-668.5 Multiple sentence of imprisonment. (1) If multiple terms of imprisonment are imposed on a defendant, whether at the same time or at different times, or if a term of imprisonment is imposed on a defendant who is already subject to an unexpired term of imprisonment, the …

§706-669 Procedure for determining minimum term of imprisonment. (1) When a person has been sentenced to an indeterminate or an extended term of imprisonment, the Hawaii paroling authority shall, as soon as practicable but no later than six months after commitment to the custody …

§706-670 Parole procedure; release on parole; terms of parole, recommitment, and reparole; final unconditional release. (1) [Repeal and reenactment on July 1, 2018, by L 2013, c 67, §2 deleted by L 2017, c 77, §2.] Parole hearing. A person sentenced to an indeterminate term of im…

§706-670.5 Notice of parole or final unconditional release. (1) As used in this section, the following terms have the following meanings: "Offense against the person" means any of the offenses described in chapter 707 and includes any attempt to commit any of those offenses. "Pri…

§706-671 Credit for time of detention prior to sentence; credit for imprisonment under earlier sentence for same crime. (1) When a defendant who is sentenced to imprisonment has previously been detained in any State or local correctional or other institution following the defenda…

§706-672 Place of imprisonment. When a person is sentenced to imprisonment, the court shall commit the person to the custody of the department of corrections and rehabilitation for the term of the person's sentence and until released in accordance with law. The director of correc…

§706-673 Notice of escape. (1) As used in this section, the following terms have the following meanings: "Offense against the person" means any of the offenses described in chapter 707 and includes any attempt to commit any of those offenses. "Prisoner" means a person who has bee…

[§706-674] Life imprisonment without the possibility of parole; persons under the age of twenty-one; prohibited. Notwithstanding any other law to the contrary, no person convicted of a crime who was under the age of twenty-one at the time of the offense shall be sentenced to life…

PART I. GENERAL PROVISIONS RELATING TO OFFENSES AGAINST THE PERSON §707-700 Definitions of terms in this chapter. In this chapter, unless a different meaning plainly is required: "Bodily injury" means physical pain, illness, or any impairment of physical condition. "Compulsion" m…

PART II. CRIMINAL HOMICIDE §707-701 Murder in the first degree. (1) A person commits the offense of murder in the first degree if the person intentionally or knowingly causes the death of: (2) Murder in the first degree is a felony for which the defendant shall be sentenced to im…

§707-701.5 Murder in the second degree. (1) Except as provided in section 707-701, a person commits the offense of murder in the second degree if the person intentionally or knowingly causes the death of another person; provided that this section shall not apply to actions taken …

§707-702 Manslaughter. (1) A person commits the offense of manslaughter if: provided that this section shall not apply to actions taken under chapter 327L. (2) In a prosecution for murder or attempted murder in the first and second degrees it is an affirmative defense, which redu…

§707-702.5 Negligent homicide in the first degree. (1) A person commits the offense of negligent homicide in the first degree if that person causes the death of: (2) A person who violates subsection (1)(a) shall be guilty of a class B felony; provided that the person shall be gui…

§707-703 Negligent homicide in the second degree. (1) A person commits the offense of negligent homicide in the second degree if that person causes the death of: (2) Negligent homicide in the second degree is a class C felony. [L 1972, c 9, pt of §1; am L 1988, c 292, §2; am L 20…

§707-704 Negligent homicide in the third degree. (1) A person is guilty of the offense of negligent homicide in the third degree if that person causes the death of another person by the operation of a vehicle in a manner which is simple negligence. (2) "Simple negligence" as used…

§707-705 Negligent injury in the first degree. (1) A person commits the offense of negligent injury in the first degree if that person causes: (2) Negligent injury in the first degree is a class C felony. [L 1988, c 292, pt of §1; am L 2012, c 21, §2 and c 316, §4]

§707-706 Negligent injury in the second degree. (1) A person is guilty of the offense of negligent injury in the second degree if that person causes substantial bodily injury to another person by the operation of a vehicle in a negligent manner. (2) Negligent injury in the second…

PART III. CRIMINAL ASSAULTS AND RELATED OFFENSES §707-710 Assault in the first degree. (1) A person commits the offense of assault in the first degree if the person intentionally or knowingly causes: (2) Assault in the first degree is a class B felony. [L 1972, c 9, pt of §1; ree…

§707-711 Assault in the second degree. (1) A person commits the offense of assault in the second degree if the person: (2) Assault in the second degree is a class C felony. [L 1972, c 9, pt of §1; am L 1979, c 84, §1; am L 1986, c 314, §52; am L 1987, c 257, §1; am L 1988, c 279,…

§707-712 Assault in the third degree. (1) A person commits the offense of assault in the third degree if the person: (2) Assault in the third degree is a misdemeanor unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty misdemeanor. [L…

[§707-712.2] Habitual violent crime. [Section repealed June 30, 2027. L 2024, c 213, §6.] (1) A person commits the offense of habitual violent crime if the person is a habitual violent crime perpetrator and commits: (2) For the purposes of this section, "habitual violent crime pe…

§707-712.5 Assault against a law enforcement officer in the first degree. (1) A person commits the offense of assault against a law enforcement officer in the first degree if the person: (2) Assault of a law enforcement officer in the first degree is a class C felony. The court s…

[§707-712.6] Assault against a law enforcement officer in the second degree. (1) A person commits the offense of assault against a law enforcement officer in the second degree if the person recklessly causes bodily injury to a law enforcement officer who is engaged in the perform…

§707-712.7 Assault against an emergency worker. (1) A person commits the offense of assault against an emergency worker if the person, during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A, within the area covered by the emergency or disaster: (2…

§707-713 Reckless endangering in the first degree. (1) A person commits the offense of reckless endangering in the first degree if the person employs widely dangerous means in a manner which recklessly places another person in danger of death or serious bodily injury or intention…

§707-714 Reckless endangering in the second degree. (1) A person commits the offense of reckless endangering in the second degree if the person: (2) Reckless endangering in the second degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1990, c 62, §1; gen ch 1992; am L 2006, c …

§707-714.5 Criminally negligent storage of a firearm. (1) A person commits the offense of criminally negligent storage of a firearm if: (2) This section shall not apply if the minor obtains the firearm as a result of an unlawful entry to any premises by any person. (3) Criminally…

§707-715 Terroristic threatening, defined. A person commits the offense of terroristic threatening if the person threatens, by word or conduct, to cause bodily injury to another person or serious damage or harm to property, including the pets or livestock, of another or to commit…

§707-716 Terroristic threatening in the first degree. (1) A person commits the offense of terroristic threatening in the first degree if the person commits terroristic threatening: (2) Terroristic threatening in the first degree is a class C felony; provided that terroristic thre…

[§707-717] Terroristic threatening in the second degree. (1) A person commits the offense of terroristic threatening in the second degree if the person commits terroristic threatening other than as provided in section 707-716. (2) Terroristic threatening in the second degree is a…

[§707-718] Torture. (1) Any person who knowingly: shall be guilty of the offense of torture. (2) Proof that the victim suffered pain is not an element of a violation of subsection (1)(c). (3) For purposes of this section: "Custody or physical control" means the forcible restricti…