Title 37, Hawaii Penal Code

§707-727 Custodial interference in the second degree. (1) A person commits the offense of custodial interference in the second degree if: (a) The person intentionally or knowingly takes, entices, conceals, or detains a minor knowing that the person has no right to do so; or (b) T…

§707-730 Sexual assault in the first degree. (1) A person commits the offense of sexual assault in the first degree if the person: (a) Knowingly subjects another person to an act of sexual penetration by strong compulsion; (b) Knowingly engages in sexual penetration with a person…

§707-731 Sexual assault in the second degree. (1) A person commits the offense of sexual assault in the second degree if the person: (a) Knowingly subjects another person to an act of sexual penetration by compulsion; (b) Knowingly subjects to sexual penetration a person who is m…

§707-732 Sexual assault in the third degree. (1) A person commits the offense of sexual assault in the third degree if the person: (a) Recklessly subjects another person to an act of sexual penetration by compulsion; (b) Knowingly subjects to sexual contact a person who is less t…

§707-733 Sexual assault in the fourth degree. (1) A person commits the offense of sexual assault in the fourth degree if: (a) The person knowingly subjects another person, not married to the actor, to sexual contact by compulsion or causes another person, not married to the actor…

[§707-733.6] Continuous sexual assault of a minor under the age of fourteen years. (1) A person commits the offense of continuous sexual assault of a minor under the age of fourteen years if the person: (a) Either resides in the same home with a minor under the age of fourteen ye…

§707-734 Indecent exposure. (1) A person commits the offense of indecent exposure if, the person intentionally exposes the person's genitals to a person to whom the person is not married under circumstances in which the actor's conduct is likely to cause affront. (2) Indecent exp…

§707-741 Incest. (1) A person commits the offense of incest if the person commits an act of sexual penetration with another who is within the degrees of consanguinity or affinity within which marriage is prohibited. (2) Incest is a class C felony. [L 1972, c 9, pt of §1; am L 198…

[PART VI. CHILD ABUSE] §707-750 Promoting child abuse in the first degree. (1) A person commits the offense of promoting child abuse in the first degree if, knowing or having reason to know its character and content, the person: (a) Produces or participates in the preparation of …

§707-751 Promoting child abuse in the second degree. (1) A person commits the offense of promoting child abuse in the second degree if, knowing or having reason to know its character and content, the person: (a) Disseminates child pornography; (b) Reproduces child pornography wit…

[§707-752] Promoting child abuse in the third degree. (1) A person commits the offense of promoting child abuse in the third degree if, knowing or having reason to know its character and content, the person possesses: (a) Child pornography; (b) Any book, magazine, periodical, fil…

[§707-753] Affirmative defense to promoting child abuse. It shall be an affirmative defense to a charge of promoting child abuse in the third degree that the defendant: (a) Possessed less than three images of child pornography; and (b) Promptly and in good faith, and without reta…

§707-756 Electronic enticement of a child in the first degree. (1) Any person who, using a computer or any other electronic device: (a) Intentionally or knowingly communicates: (i) With a minor known by the person to be under the age of eighteen years; (ii) With another person, i…

§707-757 Electronic enticement of a child in the second degree. (1) Any person who, using a computer or any other electronic device: (a) Intentionally or knowingly communicates: (i) With a minor known by the person to be under the age of eighteen years; (ii) With another person, …

[§707-759] Indecent electronic display to a child. (1) Any person who intentionally masturbates or intentionally exposes the genitals in a lewd or lascivious manner live over a computer online service, internet service, or local bulletin board service and who knows or should know…

[PART VII.] EXTORTION §707-760 Definitions. For the purposes of this part: "An extortionate means" is any means which involves the use, or an express or implicit threat of the use, of violence or other criminal means to cause harm to the person, reputation, or property of any per…

§707-761 Extortionate extension of credit; prima facie evidence. (1) An extortionate extension of credit is any extension of credit with respect to which it is the understanding of the creditor and the debtor at the time it is made that delay in making repayment or failure to mak…

[§707-762] Financing extortionate extensions of credit. "Financing extortionate extensions of credit" includes wilfully advancing money or property, whether as a gift, as a loan, as an investment, pursuant to a partnership or profit-sharing agreement, or otherwise to any person, …

§707-763 Collection of extensions of credit by extortionate means. (1) "Collection of extensions of credit by extortionate means" includes knowingly participating in any way, or conspiring to do so, in the use of any extortionate means: (a) To collect or attempt to collect any ex…

§707-764 Extortion. A person commits extortion if the person does any of the following: (1) Obtains, or exerts control over, the property, labor, or services of another with intent to deprive another of property, labor, or services by threatening by word or conduct to: (a) Cause …

§707-765 Extortion in the first degree. (1) A person commits the offense of extortion in the first degree if the person commits extortion: (a) Of property, labor, or services the value of which exceeds $200 in total during any twelve-month period; or (b) By making or financing an…

§707-766 Extortion in the second degree. (1) A person commits the offense of extortion in the second degree if the person commits extortion: (a) Of property, labor, or services the value of which exceeds $50 during any twelve-month period; or (b) As set forth in section 707-764(2…

§707-767 Extortion in the third degree. (1) A person commits the offense of extortion in the third degree if the person commits extortion of property, labor, or services. (2) Extortion in the third degree is a misdemeanor. [L 1979, c 106, pt of §1; gen ch 1993; am L 2008, c 147, …

[§707-768] Firearms, explosives, and dangerous weapons. Extortion in any degree is a class A felony when a firearm, explosive, or any dangerous weapon is immediately available and is physically used as part of the threat. [L 1979, c 106, pt of §1]

§707-769 Defenses to extortion. (1) It is a defense to a prosecution for extortion as defined by paragraph (1) of section 707-764 that the defendant: (a) Was unaware that the property or service was that of another; or (b) Believed that the defendant was entitled to the property …

[Part viii.] labor trafficking [§707-780] Definitions. As used in this part: "Deadly force" has the same meaning as in section 703-300. "Force" has the same meaning as in section 703-300. "Labor" means work of economic or financial value. Prostitution-related and obscenity-relate…

[§707-781] Labor trafficking in the first degree. (1) A person commits the offense of labor trafficking in the first degree if the person intentionally or knowingly provides or obtains, or attempts to provide or obtain, another person for labor or services by any of the following…

[§707-782] Labor trafficking in the second degree. (1) A person commits the offense of labor trafficking in the second degree if the person knowingly: (a) Acts as an individual or uses a licensed business or business enterprise to aid another in a venture knowing that the other p…

[§707-783] Additional sentencing considerations; victims held in servitude. In addition to the factors set forth in sections 706-606 and 706-621, when determining the particular sentence to be imposed on a defendant convicted under section 707-781 or 707‑782, the court shall cons…

[§707-784] Extended terms of imprisonment; labor trafficking offenses. If a person is found guilty of a violation under section 707-781 or 707-782 and the victim of the offense suffered bodily injury, the person may be sentenced to an extended indeterminate term of imprisonment a…

[§707-785] Restitution for victims of labor trafficking. (1) In addition to any other penalty, and notwithstanding a victim's failure to request restitution under section 706-646(2), the court shall order restitution to be paid to the victim, consisting of an amount that is the g…

[§707-786] Nonpayment of wages. (1) A person commits the offense of nonpayment of wages if the person, in the capacity as an employer of an employee, intentionally or knowingly or with intent to defraud fails or refuses to pay wages to the employee, except where required by feder…

[§707-787] Unlawful conduct with respect to documents. (1) A person commits unlawful conduct with respect to documents if the person knowingly: (a) Destroys, conceals, removes, confiscates, or possesses any actual or purported government identification document of another person:…

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: (1) Except as otherwise specified in this section, value means the marke…

§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: (a) In…

[§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…