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2022 Hawaii Revised Statutes
Title 37. Hawaii Penal Code
708. Offenses Against Property Rights
PART I. GENERAL PROVISIONS RELATING TO OFFENSES AGAINST
PROPERTY RIGHTS
TELECOMMUNICATION SERVICE OFFENSES
PROPERTY RIGHTS
- 708-800 Definitions of terms in this chapter.
- 708-801 Valuation of property or services.
- 708-802 Property recovered in offenses against property rights.
- 708-803 Habitual property crime.
- 708-804 Control of albizia trees on private property.
- 708-810 Burglary in the first degree.
- 708-811 Burglary in the second degree. § §708-810 And 708-811 Commentary:
- 708-812 Possession of burglar's tools.
- 708-812.5 Burglary offenses; intent to commit therein a crime against a person or against property rights.
- 708-812.6 Unauthorized entry in a dwelling in the second degree.
- 708-812.55 Unauthorized entry in a dwelling in the first degree.
- 708-813 Criminal trespass in the first degree.
- 708-814 Criminal trespass in the second degree.
- 708-814.5 Criminal trespass onto public parks and recreational grounds.
- 708-814.7 Criminal trespass onto state lands.
- 708-815 Simple trespass. § §708-813 To 708-815 Commentary:
- 708-816 Defense to trespass.
- 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 warning or request to leave by a member of the facility's staff. [(2)] Violation of this section is a misdemeanor. [L 1993, c 12, §1] COMMENTARY ON §708-816.5 Act 12, Session Laws 1993, added this section to establish the offense of unlawful entry upon the premises of a facility used as a sex, child, or spouse abuse shelter, by making it a misdemeanor for any person to knowingly enter or unlawfully remain upon the premises after reasonable warning or request to leave by a facility staff member. Since the locations of these shelters are often known, individuals seeking shelter and shelter staff are at potential risk from abusers. This section affords a higher level of legal protection for staff and persons who seek refuge from abuse. House Standing Committee Report No. 692, Senate Standing Committee Report No. 1049. Law Journals and Reviews Empowering Battered Women: Changes in Domestic Violence Laws in Hawai i. 17 UH L. Rev. 575 (1995).
- 708-817 Burglary of a dwelling during an emergency period.
- 708-818 Burglary of a building during an emergency period.
- 708-820 Criminal property damage in the first degree.
- 708-821 Criminal property damage in the second degree.
- 708-822 Criminal property damage in the third degree.
- 708-823 Criminal property damage in the fourth degree. § §708-820 To 708-823 Commentary:
- 708-823.5 Aggravated criminal property damage.
- 708-823.6 Graffiti; sentencing.
- 708-824 Failure to control widely dangerous means. §708-824 Commentary:
- 708-825 Criminal tampering; definitions of terms.
- 708-826 Criminal tampering in the first degree.
- 708-827 Criminal tampering in the second degree.
- 708-828 Criminal use of a noxious substance. §708-828 Commentary:
- 708-829 Criminal littering. §708-829 Commentary:
- 708-830 Theft.
- 708-830.5 Theft in the first degree.
- 708-831 Theft in the second degree.
- 708-832 Theft in the third degree.
- 708-833 Theft in the fourth degree. § §708-830 To 708-833 Commentary:
- 708-833.5 Shoplifting.
- 708-834 Defenses: unawareness of ownership; claim of right; household belongings; co-interest not a defense. §708-834 Commentary:
- 708-835 Proof of theft offense. §708-835 Commentary:
- 708-835.4 Unauthorized operation of a recording device in a motion picture theater.
- 708-835.5 Theft of livestock.
- 708-835.6 Telemarketing fraud.
- 708-835.7 Theft of copper.
- 708-835.8 Theft of beer keg.
- 708-835.9 Theft of urn.
- 708-835.55 Theft; agricultural product; sentencing.
- 708-836 Unauthorized control of a propelled vehicle in the first degree. §708-836 Commentary:
- 708-836.1 Unauthorized control of a propelled vehicle in the second degree.
- 708-836.5 Unauthorized entry into motor vehicle in the first degree.
- 708-836.6 Unauthorized entry into motor vehicle in the second degree.
- 708-837 Failure to return a rental motor vehicle; penalty.
- 708-837.5 Failure to return leased or rented personal property; penalty.
- 708-838 Removal of identification marks.
- 708-839 Unlawful possession.
- 708-839.5 Theft of utility services. (1) For purposes of this section: "Customer" means the person in whose name the utility service is provided. "Divert" means to change the intended course or path of utility services without the authorization or consent of the utility. "Person" means any individual, partnership, firm, association, corporation, or other legal entity. "Reconnection" means the reconnection of utility service by a customer or other person after service has been lawfully disconnected by the utility. "Utility" means any public utility as defined in section 269-1, that provides electricity, gas, or water services. "Utility service" means the provision of electricity, gas, water, or any other service provided by the utility for compensation. (2) A person commits the offense of theft of utility services if the person, with intent to obtain utility services for the person's own or another's use without paying the full lawful charge therefor, or with intent to deprive any utility of any part of the full lawful charge for utility services it provides, commits, authorizes, solicits, aids, or abets any of the following: (a) Diverts, or causes to be diverted utility services, by any means whatsoever; (b) Prevents any utility meter, or other device used in determining the charge for utility services, from accurately performing its measuring function; (c) Makes or causes to be made any connection or reconnection with property owned or used by the utility to provide utility services, without the authorization or consent of the utility; or (d) Uses or receives the direct benefit of all or a portion of utility services with knowledge or reason to believe that a diversion, prevention of accurate measuring function, or unauthorized connection existed at the time of use or that the use or receipt was otherwise without the authorization or consent of the utility. (3) In any prosecution under this section, the presence of any of the following objects, circumstances, or
- 708-839.6 Identity theft in the first degree.
- 708-839.7 Identity theft in the second degree. (1) A person commits the offense of identity theft in the second degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to commit the offense of theft in the second degree from any person or entity. (2) Identity theft in the second degree is a class B felony. [L 2002, c 224, pt of §1] Case Notes The phrase "transmission of any personal information of another" prohibits the transmission of personal information of an actual person, but not the transmission of information associated with a fictitious person; where defendant did not transmit the personal information of an actual person, defendant did not satisfy the conduct element of this section and could not be convicted of identity theft in the second degree. 120 H. 387, 206 P.3d 841 (2009).
- 708-839.8 Identity theft in the third degree. (1) A person commits the offense of identity theft in the third degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to commit the offense of theft in the third or fourth degree from any person or entity. (2) Identity theft in the third degree is a class C felony. [L 2002, c 224, pt of §1] Case Notes As this section does not require impersonation of a person in order to constitute the offense, only the transmission of a person's personal information with the intent to commit the specified theft offense, the circuit court erred in its construction of this section. 125 H. 172 (App.), 254 P.3d 483 (2011). COMMENTARY ON § §708-839.6 TO 708-839.8 Act 224, Session Laws 2002, added these sections to provide criminal penalties for persons who commit identity theft of another individual. The legislature found that misappropriation of personal identification information was on the rise. Act 224 addresses the criminal conduct associated with intentional identity theft. Conference Committee Report No. 25-02.
- 708-839.55 Unauthorized possession of confidential personal information.
- 708-840 Robbery in the first degree.
- 708-841 Robbery in the second degree. § §708-840 And 708-841 Commentary:
- 708-842 Robbery; "in the course of committing a theft". §708-842 Commentary:
- 708-850 Definitions of terms in this part.
- 708-851 Forgery in the first degree.
- 708-852 Forgery in the second degree.
- 708-853 Forgery in the third degree. § §708-851 To 708-853 Commentary:
- 708-854 Criminal possession of a forgery device.
- 708-855 Criminal simulation.
- 708-856 Obtaining signature by deception.
- 708-857 Negotiating a worthless negotiable instrument. §708-857 Commentary:
- 708-858 Suppressing a testamentary or recordable instrument.
- 708-870 Deceptive business practices. §708-870 Commentary:
- 708-871 False advertising. §708-871 Commentary:
- 708-871.5 False labeling of Hawaii-grown coffee.
- 708-872 Falsifying business records. §708-872 Commentary:
- 708-873 Defrauding secured creditors. §708-873 Commentary:
- 708-874 Misapplication of entrusted property. §708-874 Commentary:
- 708-875 Trademark counterfeiting.
- 708-880 Commercial bribery. §708-880 Commentary:
- 708-881 Tampering with a publicly-exhibited contest. §708-881 Commentary:
- 708-890 to 708-896 REPEALED. §708-890 Definitions.
- 708-891 to 708-893 OLD REPEALED. §708-891 Computer fraud in the first degree.
- 708-891.5 Computer fraud in the second degree.
- 708-891.6 Computer fraud in the third degree.
- 708-892 Computer damage in the first degree.
- 708-892.5 Computer damage in the second degree.
- 708-892.6 Computer damage in the third degree.
- 708-893 Use of a computer in the commission of a separate crime.
- 708-894 Forfeiture of property used in computer crimes.
- 708-895 Jurisdiction.
- 708-895.5 Unauthorized computer access in the first degree.
- 708-895.6 Unauthorized computer access in the second degree.
- 708-895.7 Unauthorized computer access in the third degree.
- 708-8100 Fraudulent use of a credit card.
- 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) Intentionally changes, alters, erases, adds, creates, tampers with, or manipulates a credit card number by encoding credit card numbers onto the magnetic strip of the credit card; (b) Knowingly uses, utters, or offers a credit card with changed, altered, erased, added, tampered with, or manipulated magnetically or electronically encoded credit numbers on the magnetic strip of a credit card for the purpose of obtaining money, goods, services, or anything else of value; or (c) Knowingly sells, or distributes any credit card with changed, altered, erased, added, tampered with, or manipulated magnetically or electronically encoded credit card numbers on the magnetic strip of the credit card. (2) Fraudulent encoding of a credit card is a class B felony. [L 1993, c 287, §2]
- 708-8101 Making a false statement to procure issuance of a credit card.
- 708-8102 Theft, forgery, etc., of credit cards.
- 708-8103 Credit card fraud by a provider of goods or services.
- 708-8104 Possession of unauthorized credit card machinery or incomplete cards.
- 708-8105 Credit card lists prohibited; penalty.
- 708-8106 Defenses not available.
TELECOMMUNICATION SERVICE OFFENSES
- 708-8200 Cable television service fraud in the first degree.
- 708-8201 Cable television service fraud in the second degree.
- 708-8202 Telecommunication service fraud in the first degree.
- 708-8203 Telecommunication service fraud in the second degree.
- 708-8204 Forfeiture of telecommunication service device and cable television service device.
- 708-8251 Arson in the first degree.
- 708-8252 Arson in the second degree.
- 708-8253 Arson in the third degree.
- 708-8254 Arson in the fourth degree.
- 708-8300 Unlicensed contracting activity.
- 708-8301 Habitual unlicensed contracting activity; felony.
- 708-8302 Unlicensed contractor fraud.
- 708-8303 Unlicensed contractor fraud in the first degree.
- 708-8304 Unlicensed contractor fraud in the second degree.
- 708-8305 Unlicensed contractor fraud; valuation of property.
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