2010 Hawaii Code
DIVISION 5. CRIMES AND CRIMINAL PROCEEDINGS
TITLE 37. HAWAII PENAL CODE
708. Offenses Against Property Rights
§708-823.6 Graffiti; sentencing.

[ §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:

(a) Remove the graffiti from the damaged property within thirty days of sentencing, if it has not already been removed and where consent from the respective property owner or owners has been obtained; and

(b) For a period of time not to exceed two years from the date of sentencing, along with any other person or persons who may be sentenced under this section for the same property, perform community service removing, within fourteen days, any graffiti applied to other property within one hundred yards of the site of the offense for which the person was sentenced, where consent from the respective property owner or owners has been obtained, even if the property was damaged by another person.

(2) For purposes of this section, "graffiti" means any unauthorized drawing, inscription, figure, or mark of any type intentionally created by paint, ink, chalk, dye, or similar substances. [L 2010, c 99, §1]

COMMENTARY ON §708-823.6

Act 99, Session Laws 2010, added this section, requiring a person sentenced for criminal property damage, where the damage is caused by graffiti, to, among other things, remove the graffiti from the damaged property and to perform community service removing graffiti on other property within one hundred yards of the site of the offense for which the person was sentenced. The legislature found that graffiti was a community-wide problem. Act 99 was intended to impose appropriate penalties to deter the property crime. Senate Standing Committee Report No. 2974, House Standing Committee Report No. 495-10.