2013 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
712. Offenses Against Public Health and Morals
712-1270 Places used to commit offenses against public health and morals, a nuisance.


HI Rev Stat § 712-1270 (2013) What's This?

§712-1270 Places used to commit offenses against public health and morals, a nuisance. Every building, premises, or place used for the purpose of violating:

(1) Those laws pertaining to offenses against public health and morals contained in parts I, II, and IV of this chapter, except offenses under part IV which do not involve the manufacture or distribution of drugs; or

(2) Section 132D-14(a)(1) or (3),

and every building, premises, or place in or upon which the violations are held or occur in parts I, II, and IV, or section 132D-14(a)(1) or (3), is a nuisance that shall be enjoined, abated, and prevented, regardless of whether it is a public or private nuisance. [L 1979, c 181, pt of §2; am L 1990, c 158, §1; am L 1996, c 246, §1; am L 2010, c 136, §4]

COMMENTARY ON §712-1270

Act 181, Session Laws 1979, established this part to provide a remedy to abate as nuisances, offenses against public health and morals in the nature of offenses defined as prostitution, the display of indecent matter, and the like. It is based largely on sections 11225 to 11235 of the California Penal Code.

Act 158, Session Laws 1990, amended this section to expand the nuisance law to permit closure of premises where drug offenses repeatedly occur. The legislature emphasized that this amendment is not intended to be applied to innocent landlords whose property may be inadvertently involved in drug offenses. Conference Committee Report No. 30.

Case Notes

Cannot be used to abate gambling offenses. 5 H. App. 463, 701 P.2d 175.

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