2013 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
708. Offenses Against Property Rights
708-850 Definitions of terms in this part.

§708-850 Definitions of terms in this part. In this part, unless a different meaning plainly is required:

(1) "Written instrument" means:

(a) Any paper, document, or other instrument containing written or printed matter or its equivalent; or

(b) Any token, coin, stamp, seal, badge, trademark, or other evidence or symbol of value, right, privilege, or identification;

(2) "Complete written instrument" means a written instrument which purports to be genuine and fully drawn with respect to every essential feature thereof;

(3) "Incomplete written instrument" means a written instrument which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument;

(4) "Falsely make", in relation to a written instrument, means to make or draw a complete written instrument, or an incomplete written instrument, which purports to be an authentic creation of its ostensible maker or issuing commercial establishment, but which is not either because the ostensible maker, or issuing commercial establishment is fictitious or because, if real, the same did not authorize the making or drawing thereof;

(5) "Falsely complete", in relation to a written instrument, means to transform, by adding, inserting, or changing matter, an incomplete written instrument into a complete one, without the authority of the ostensible maker, drawer, or issuing commercial establishment, so that the complete written instrument falsely appears or purports to be in all respects an authentic creation of its ostensible maker[,] authorized by the maker, or issuing commercial establishment;

(6) "Falsely alter", in relation to a written instrument, means to change, without the authority of the ostensible maker, drawer, or issuing commercial establishment, a written instrument, whether complete or incomplete, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner, so that the instrument so altered falsely appears or purports to be in all respects an authentic creation of its ostensible maker, authorized by the maker, or issuing commercial establishment;

(7) "Forged instrument" means a written instrument which has been falsely made, completed, endorsed, or altered;

(8) "Utter," in relation to a forged instrument, means to offer, whether accepted or not, a forged instrument with representation by acts or words, oral or in writing, that the instrument is genuine;

(9) "Falsely endorse", in relation to a written instrument, means to endorse, without the authority of the ostensible maker, drawer, or issuing commercial establishment, any part of a written instrument, whether complete or incomplete, so that the written instrument so endorsed falsely appears or purports to be authorized by the ostensible maker, drawer, or issuing commercial establishment; and

(10) "Fraudulently encode magnetic ink character recognition numbers", in relation to a written instrument, means to change, alter, erase, add, create, tamper with, or manipulate the magnetic ink character recognition numbers, or symbols representing to be magnetic ink character recognition numbers, from the issuing commercial establishment. [L 1972, c 9, pt of §1; am L 1988, c 155, §1; am L 1993, c 13, §1; gen ch 1993; am L 1997, c 243, §1]

COMMENTARY ON §708-850

Section 708-850 provides definitions of terms used repeatedly throughout this Part; it does not specify any offense. A discussion of the definitions, when called for, is found in the commentary on the sections employing the terms defined.

SUPPLEMENTAL COMMENTARY ON §708-850

Act 155, Session Laws 1988, added the term "falsely endorses" to this section. Previously, forging a written instrument did not include false endorsements as a method of forging a written instrument; therefore, false endorsement was prosecuted as a theft. House Standing Committee Report No. 467-88.

Act 13, Session Laws 1993, amended the definition of "forged instrument" to specify that a false endorsement is a method of forging a written instrument. The legislature found that this amendment added clarity and consistency to definitions regarding forgery and related offenses in the penal code, and was also consistent with the legislative intent as established in Act 155, Session Laws 1988, which included false endorsement as a method of committing the offense of forgery to strengthen the existing forgery laws at that time. House Standing Committee Report No. 84, Senate Standing Committee Report No. 1064.

Act 243, Session Laws 1997, made it an offense of forgery if a person fraudulently encoded the magnetic ink character recognition numbers on a written instrument. The Act amended this section by adding a definition for "fraudulently encode magnetic ink character recognition numbers". The Act also amended this section by adding "issuing commercial establishment" to the class of issuers protected from forgery, false making, false completion, false altering, and false endorsement.

The legislature found that increasingly advanced technology has changed the way in which commercial paper can be handled between parties. One of the technological changes involved the use of magnetic character recognition numbers that enable scanners to quickly obtain information from the document. Changing the magnetic codes effectively tells the scanner different information than that intended, making it a forgery in fact, if not in name. However, that type of document alteration was not currently prohibited by law. The legislature found that the Act would protect parties in that type of situation. Senate Standing Committee Report No. 1551, House Standing Committee Report No. 987.

Case Notes

"Falsely complete": in a prosecution for forgery, the element of completing a check without authority of the ostensible drawer may be proven by circumstantial evidence. 79 H. 175 (App.), 900 P.2d 172 (1995).