Title 37, Hawaii Penal Code

§712-1221 Promoting gambling in the first degree. (1) A person commits the offense of promoting gambling in the first degree if the person recklessly advances or profits from gambling activity by: (2) Promoting gambling in the first degree is a class B felony. [L 1972, c 9, pt of…

§712-1222 Promoting gambling in the second degree. (1) A person commits the offense of promoting gambling in the second degree if the person negligently advances or profits from gambling activity. (2) Promoting gambling in the second degree is a class C felony. [L 1972, c 9, pt o…

§712-1222.5 Promoting gambling aboard ships. (1) A person commits the offense of promoting gambling aboard ships if the person knowingly advances or profits from gambling activity by: (2) In this section: (3) This section shall not apply to gambling activity conducted during trav…

§712-1223 Gambling. (1) A person commits the offense of gambling if the person knowingly participates in any gambling activity. (2) Gambling is a misdemeanor. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; gen ch 1993; am L 2022, c 111, §6]

§712-1224 Possession of gambling records in the first degree. (1) A person commits the offense of possession of gambling records in the first degree if the person knowingly possesses, produces, or distributes any writing, paper, instrument, or article: (2) Possession of gambling …

§712-1225 Possession of gambling records in the second degree. (1) A person commits the offense of possession of gambling records in the second degree if the person knowingly possesses any writing, paper, instrument, or article: (2) Possession of gambling records in the second de…

§712-1226 Possession of a gambling device. (1) A person commits the offense of possession of a gambling device if the person manufactures, sells, transports, places, possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody, or use of…

§712-1227 Possession of gambling records; defense. In any prosecution under sections 712-1224 and [712-1225], it is a defense that the writing, paper, instrument, or article possessed by the defendant was neither used nor intended to be used in the advancement of gambling activit…

§712-1228 Gambling offenses; prima facie evidence. (1) Proof that a person knowingly possessed any gambling record specified in sections 712-1224 and 712-1225 or any gambling device in section 712-1226 is prima facie evidence that the person possessed the record or device with kn…

§712-1229 Lottery offenses; no defense. It is no defense to a prosecution under any section of this part relating to a lottery that the lottery itself is drawn or conducted outside this State and is not in violation of the laws of the jurisdiction in which it is drawn or conducte…

§712-1230 Forfeiture of property used in illegal gambling. Any gambling device, paraphernalia used on fighting animals, or birds, implements, furniture, personal property, vehicles, vessels, aircraft, or gambling record possessed or used in violation of this part, or any money or…

§712-1231 Social gambling; definition and specific conditions, affirmative defense. (a) Definition. "Social gambling" means gambling in which all of the following conditions are present: (b) Affirmative defense: (c) In any prosecution for an offense described in this part the fac…

[§712-1232] Savings promotion or prize-linked savings contest not gambling. A savings promotion or prize-linked savings contest conducted by a financial institution pursuant to section 412:4-113 is not gambling and shall not constitute a lottery unless the chance to win a prize r…

PART IV. OFFENSES RELATED TO DRUGS AND INTOXICATING COMPOUNDS §712-1240 Definitions of terms in this part. In this part, unless a different meaning plainly is required: "Dangerous drugs" means any substance or immediate precursor defined or specified as a "Schedule I substance" o…

§712-1240.1 Defense to promoting. (1) It is a defense to prosecution for any offense defined in this part that the person who possessed or distributed the dangerous, harmful, or detrimental drug did so under authority of law as a practitioner, as an ultimate user of the drug purs…

[§712-1240.5] Manufacturing a controlled substance with a child present. (1) Except as provided in subsection (2), any person convicted of manufacturing a controlled substance in violation of this chapter, who commits the offense knowing that a child under the age of sixteen is p…

§712-1240.7 Methamphetamine trafficking. (1) A person commits the offense of methamphetamine trafficking if the person knowingly: (2) Methamphetamine trafficking is a class A felony for which the defendant shall be sentenced as provided in subsection (3). (3) Notwithstanding sect…

§712-1240.9 Methamphetamine trafficking; restitution and reimbursement. When sentencing a defendant convicted of methamphetamine trafficking pursuant to section 712-1240.7 or 712-1240.8 as that section was in effect prior to July 1, 2016, the court may order restitution or reimbu…

§712-1241 Promoting a dangerous drug in the first degree. (1) A person commits the offense of promoting a dangerous drug in the first degree if the person knowingly: (2) Promoting a dangerous drug in the first degree is a class A felony. [L 1972, c 9, pt of §1; am L 1975, c 163, …

§712-1242 Promoting a dangerous drug in the second degree. (1) A person commits the offense of promoting a dangerous drug in the second degree if the person knowingly: (2) Promoting a dangerous drug in the second degree is a class B felony. [L 1972, c 9, pt of §1; am L 1975, c 16…

§712-1243 Promoting a dangerous drug in the third degree. (1) A person commits the offense of promoting a dangerous drug in the third degree if the person knowingly possesses any dangerous drug in any amount. (2) Promoting a dangerous drug in the third degree is a class C felony.…

§712-1244 Promoting a harmful drug in the first degree. (1) A person commits the offense of promoting a harmful drug in the first degree if the person knowingly: (2) Promoting a harmful drug in the first degree is a class A felony. [L 1972, c 9, pt of §1; am L 1975, c 119, §1 and…

§712-1245 Promoting a harmful drug in the second degree. (1) A person commits the offense of promoting a harmful drug in the second degree if the person knowingly: (2) Promoting a harmful drug in the second degree is a class B felony. [L 1972, c 9, pt of §1; am L 1975, c 119, §2 …

§712-1246 Promoting a harmful drug in the third degree. (1) A person commits the offense of promoting a harmful drug in the third degree if the person knowingly possesses twenty-five or more capsules or tablets or dosage units containing one or more of the harmful drugs or one or…

[§712-1246.5] Promoting a harmful drug in the fourth degree. (1) A person commits the offense of promoting a harmful drug in the fourth degree if the person knowingly possesses any harmful drug in any amount. (2) Promoting a harmful drug in the fourth degree is a misdemeanor. [L …

§712-1247 Promoting a detrimental drug in the first degree. (1) A person commits the offense of promoting a detrimental drug in the first degree if the person knowingly: (2) Promoting a detrimental drug in the first degree is a class C felony. (3) Any marijuana seized as evidence…

§712-1248 Promoting a detrimental drug in the second degree. (1) A person commits the offense of promoting a detrimental drug in the second degree if the person knowingly: (2) Promoting a detrimental drug in the second degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1975, c…

§712-1249 Promoting a detrimental drug in the third degree. (1) A person commits the offense of promoting a detrimental drug in the third degree if the person knowingly possesses any marijuana or any Schedule V substance in any amount. (2) Promoting a detrimental drug in the thir…

[§712-1249.4] Commercial promotion of marijuana in the first degree. (1) A person commits the offense of commercial promotion of marijuana in the first degree if the person knowingly: (2) Commercial promotion of marijuana in the first degree is a class A felony. (3) Any marijuana…

§712-1249.5 Commercial promotion of marijuana in the second degree. (1) A person commits the offense of commercial promotion of marijuana in the second degree if the person knowingly: (2) Commercial promotion of marijuana in the second degree is a class B felony. (3) Any marijuan…

§712-1249.6 Promoting a controlled substance in, on, or near schools, school vehicles, public parks, or public housing projects or complexes. (1) A person commits the offense of promoting a controlled substance in, on, or near schools, school vehicles, public parks, or public hou…

[§712-1249.7] Promoting a controlled substance through a minor. (1) A person age eighteen or over commits the offense of promoting a controlled substance through a minor if the person knowingly employs, hires, uses, persuades, induces, entices, or coerces a minor to facilitate th…

§712-1250 Promoting intoxicating compounds. (1) A person commits the offense of promoting intoxicating compounds if the person knowingly: (2) Promoting intoxicating compounds is a misdemeanor. (3) This section shall not apply to any person who commits any act described herein pur…

§712-1250.5 Promoting intoxicating liquor to a person under the age of twenty-one. (1) A person, including any licensee as defined in section 281-1, commits the offense of promoting intoxicating liquor to a person under the age of twenty-one if the person recklessly: (2) It is a …

§712-1251 Possession in a motor vehicle; prima facie evidence. (1) Except as provided in subsection (2), the presence of a dangerous drug, harmful drug, or detrimental drug in a motor vehicle, other than a public omnibus, is prima facie evidence of knowing possession thereof by e…

§712-1252 Knowledge of character, nature, or quantity of substance, or age of transferee; prima facie evidence. (1) The fact that a person engaged in the conduct specified by any section in this part is prima facie evidence that the person engaged in that conduct with knowledge o…

§712-1253 Penalties under other laws. Any penalty imposed for violation of this chapter or chapter 329 is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. [L 1972, c 9, pt of §1; am L 1987, c 176, §9]

§712-1254 Bar to prosecution. If a violation of this part or chapter 329 is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this State. [L 1972, c 9, pt o…

§712-1255 Conditional discharge. (1) Whenever any person who has not previously been convicted of any offense under this chapter or chapter 329 or under any statute of the United States or of any state relating to a dangerous drug, harmful drug, detrimental drug, or an intoxicati…

§712-1256 Expunging of court records. (1) Upon the dismissal of such person and discharge of the proceeding against the person under section 712-1255, this person, if the person was not over twenty years of age at the time of the offense, may apply to the court for an order to ex…

§712-1257 Prohibited cigarette sales of less than twenty. (1) It shall be unlawful to sell single cigarettes or packs of cigarettes containing less than twenty cigarettes. It further shall be unlawful to sell cigarettes other than in sealed packages originating with the manufactu…

§712-1258 Tobacco products and electronic smoking devices; persons under twenty-one years of age. (1) It shall be unlawful to sell or furnish a tobacco product in any shape or form or an electronic smoking device to a person under twenty-one years of age. (2) All persons engaged …

[PART V.] NUISANCE ABATEMENT §712-1270 Places used to commit offenses against public health and morals or other offenses, a nuisance. Every building, premises, or place used for the purpose of violating: and every building, premises, or place in or upon which violations of any of…

§712-1270.3 Citizen's rights. Any citizen who brings a nuisance abatement suit against a place used for the purpose of committing: shall be entitled to the same rights and protections of victims and witnesses in criminal proceedings in accordance with chapter 801D. [L 2004, c 44,…

§712-1270.5 Injunctions against persons. Nothing in this part shall be construed to prohibit injunctions against persons causing, maintaining, aiding, abetting, or permitting a nuisance from entering or residing in any public or private building, premises, or place, in or upon wh…

§712-1271 Suit to abate. (1) Whenever there is reason to believe that a nuisance as defined in this chapter is in existence, kept, or maintained in any county, the attorney general of the State or the prosecutor or prosecuting attorney of the respective counties shall, or any cit…