2013 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
708. Offenses Against Property Rights
708-8204 Forfeiture of telecommunication service device and cable television service device.

§708-8204 Forfeiture of telecommunication service device and cable television service device. Any telecommunication service device, cable television service device, or instructions or plans therefor, or any materials for making or assembling a telecommunication service device possessed or used in violation of sections 708-8200 to 708-8203 may be ordered forfeited to the State for destruction or other disposition, subject to the requirements of chapter 712A. [L 1987, c 268, pt of §2; am L 1989, c 261, §20; am L 1996, c 222, §5]

Cross References

Definitions of states of mind, see §702-206.

COMMENTARY ON §§708-8200 TO 708-8204

Act 268, Session Laws 1987, placed telecommunication and cable television theft in the Code for the purpose of consolidating this type of theft with other statutory thefts. Previously, all telecommunication and cable television thefts were misdemeanors. This Act made telecommunication and cable thefts a felony under certain circumstances. The reclassification was made to conform Hawaii law with federal law. Senate Standing Committee Report No. 1133.

Act 300, Session Laws 1988, deleted from §§708-8200 and 8202 the phrase, "or has reason to believe" as an element of offense under these sections. The Code sets forth certain states of mind required for a criminal conviction and does not recognize "reason to believe" as an accepted criminal state of mind. House Standing Committee Report No. 1588-88, Senate Standing Committee Report No. 2151.

Act 120, Session Laws 1993, amended §§708-8202 and 8203 to include the unlawful selling or using of a telephone "access device", defined as any telephone calling card number, credit card number, account number, or personal identification number that can be used to obtain telephone service. The legislature found that this criminal activity impacts telephone services in the State by increasing costs to consumers and businesses, and also affects tourists at airports and other locations when calling card numbers are retrieved from unsuspecting telephone users. House Standing Committee Report No. 1212, Senate Standing Committee Report Nos. 215 and 694.

Act 222, Session Laws 1996, amended §§708-8202, 708-8203, and 708-8204, by, inter alia, establishing the use of a telecommunication service device to obtain telecommunication services as telecommunication service fraud in the first degree or telecommunication service fraud in the second degree. The Act was intended to expand the scope of the law establishing the offense of telecommunication service fraud, to include fraud involving cellular telephone devices and services. The legislature recognized that cellular telephone fraud had become a major problem in the country, increasing consumer costs, and contributing to increased drug-related criminal activity, and that current state law did not provide comprehensive protection for telecommunication services theft. House Standing Committee Report No. 1521-96, Senate Standing Committee Report No. 2017.