2010 Hawaii Code
DIVISION 5. CRIMES AND CRIMINAL PROCEEDINGS
TITLE 37. HAWAII PENAL CODE
708. Offenses Against Property Rights
§708-812.6 Unauthorized entry in a dwelling.
[§708-812.6] Unauthorized entry in a dwelling. (1) A person commits the offense of unauthorized entry in a dwelling if the person intentionally or knowingly enters unlawfully into a dwelling with reckless disregard of the risk that another person was lawfully present in the dwelling, and another person was lawfully present in the dwelling.
(2) Unauthorized entry in a dwelling is a class C felony.
(3) It is an affirmative defense that reduces this offense to a misdemeanor that at the time of the unlawful entry:
(a) There was a social gathering of invited guests at the dwelling the defendant entered;
(b) The defendant intended to join the social gathering; and
(c) The defendant had no intent to commit any unlawful act other than the entry. [L 2006, c 230, pt of §2]
COMMENTARY ON §708-812.6
Act 230, Session Laws 2006, added this section, creating the offense of unauthorized entry in a dwelling. The offense is a class C felony, which may be reduced to a misdemeanor.
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