2012 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
708. Offenses Against Property Rights
708-833.5 Shoplifting.

§708-833.5 Shoplifting. A person convicted of committing the offense of shoplifting as defined in section 708-830 shall be sentenced as follows:

(1) In cases involving property the value or aggregate value of which exceeds $300: as a class C felony, provided that the minimum fine shall be four times the value or aggregate value involved;

(2) In cases involving property the value or aggregate value of which exceeds $100: as a misdemeanor, provided that the minimum fine shall be three times the value or aggregate value involved;

(3) In cases involving property the value or aggregate value of which is $100 or less: as a petty misdemeanor, provided that the minimum fine shall be twice the value or aggregate value involved;

(4) If a person has previously been convicted of committing the offense of shoplifting as defined in section 708-830, the minimum fine shall be doubled that specified in paragraphs (1), (2), and (3), respectively, as set forth above; provided in the event the convicted person defaults in payment of any fine, and the default was not contumacious, the court may sentence the person to community services as authorized by section 706-605(1)(e). [L 1979, c 202, §2; am L 1982, c 233, §1; am L 1986, c 314, §67]

Cross References

Civil liability for shoplifting, see §663A-2.

Unauthorized removal of shopping carts, see §633-16.

COMMENTARY ON §708-833.5

Act 202, Session Laws 1979, established this section to provide minimum mandatory fines for shoplifting offenses, but has retained the alternative of paying fines through court ordered public service work. The Legislature believed the public service work alternative preferable to the establishment of a "debtor's prison". Conference Committee Report No. 72.

Act 233, Session Laws 1982, doubled the fines on persons who repeatedly shoplift.

Act 314, Session Laws 1986, increased the dollar amounts of the property involved in the offense of shoplifting. With the increase, the dollar amounts will more accurately reflect current property values and consequently the offense will warrant the level of culpability intended when it was originally drafted. Senate Standing Committee Report No. 820-86.