Title 37, Hawaii Penal Code

§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…

§708-829 Criminal littering. (1) A person commits the offense of criminal littering if that person knowingly places, throws, or drops litter on any public or private property or in any public or private waters, except: (2) "Litter" means rubbish, refuse, waste material, garbage, …

PART IV. THEFT AND RELATED OFFENSES §708-830 Theft. A person commits theft if the person does any of the following:

§708-830.5 Theft in the first degree. (1) A person commits the offense of theft in the first degree if the person commits theft of: (2) Theft in the first degree is a class B felony. [L 1986, c 314, §63; am L 1992, c 289, §1; am L 1993, c 14, §1; am L 2006, c 116, §6; am L 2014, …

[PART XIV.] UNLICENSED CONTRACTING OFFENSES §708-8300 Unlicensed contracting activity. (1) A person commits the offense of unlicensed contracting activity if the person: (2) Unlicensed contracting activity is a misdemeanor. (3) Each day the violation of this section continues aft…

[§708-8301] Habitual unlicensed contracting activity; felony. (1) A person commits the offense of habitual unlicensed contracting activity if the person has had two or more convictions within ten years, preceding the conduct for which the person is charged under this section, for…

[§708-8302] Unlicensed contractor fraud. (1) A person commits the offense of unlicensed contractor fraud if the person: (2) For purposes of this section, "deception", as defined in section 708-800, includes deception as to the person's status as a licensed contractor or as to per…

[§708-8303] Unlicensed contractor fraud in the first degree. (1) A person commits the offense of unlicensed contractor fraud in the first degree if the person commits unlicensed contractor fraud and the total value of the property over which the person obtains control is equal to…

[§708-8304] Unlicensed contractor fraud in the second degree. (1) A person commits the offense of unlicensed contractor fraud in the second degree if the person commits unlicensed contractor fraud and the total value of the property over which the person obtains control is less t…

§708-8305 Unlicensed contractor fraud; valuation of property. (1) For purposes of unlicensed contractor fraud, the value of the property shall be the greater of: (2) The value of any work done by the unlicensed contractor shall not be used as an offset for the value of the proper…

§708-831 Theft in the second degree. (1) A person commits the offense of theft in the second degree if the person commits theft of: (2) Theft in the second degree is a class C felony. A person convicted of committing the offense of theft in the second degree under subsection (1)(…

§708-832 Theft in the third degree. (1) A person commits the offense of theft in the third degree if the person commits theft: (2) Theft in the third degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1974, c 201, §2 and c 242, §2; am L 1979, c 106, §7; am L 1986, c 314, §65; …

§708-833 Theft in the fourth degree. (1) A person commits the offense of theft in the fourth degree if the person commits theft of property or services of any value not in excess of $250. (2) Theft in the fourth degree is a petty misdemeanor. [L 1972, c 9, pt of §1; am L 1986, c …

§708-833.5 Shoplifting. A person convicted of committing theft by means of shoplifting as defined in section 708-830 shall be sentenced to the following minimum fines: