2012 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
708. Offenses Against Property Rights
708-872 Falsifying business records.
§708-872 Falsifying business records. (1) A person commits the offense of falsifying business records if, with intent to defraud, the person:
(a) Makes or causes a false entry in the business records of an enterprise; or
(b) Alters, erases, obliterates, deletes, removes, or destroys a true entry in the business records of an enterprise; or
(c) Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which the person knows to be imposed upon the person by law, other than for the information of the government, or by the nature of the person's position; or
(d) Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.
(2) "Enterprise" means any entity of one or more persons, corporate or otherwise, engaged in business, commercial, professional, industrial, eleemosynary, or social activity.
(3) "Business record" means any writing or article kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity.
(4) Falsifying business records is a misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]
COMMENTARY ON §708-872
Inclusion of false information in an otherwise genuine document or record is not covered by the forgery offenses. Moreover, only those private records which are required by law to be kept for the information of the government are protected by the prohibition against tampering with public records.[1] "This leaves a large gap in the case of genuine business records, the content of which has been deliberately falsified or rendered incomplete as a prelude to working a fraud on potential customers. Section [708-872] is intended to close this gap."[2] This section is aimed primarily at conduct preparatory to the commission of fraud, as indicated by the requisite culpability of intent to defraud, and not the protection of the integrity of business records as such.
Previous Hawaii law provided no general offense for the falsification of business records.
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§708-872 Commentary:
1. §710-1017.
2. Prop. Mich. Rev. Cr. Code, comments at 294.
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