2023 Hawaii Revised Statutes
Title 37. Hawaii Penal Code
708. Offenses Against Property Rights
708-839.9 Theft of mail.
§708-839.9 Theft of mail. (1) A person commits the offense of theft of mail if the person intentionally obtains or exerts unauthorized control over mail from another person's mailbox or premises without the effective consent of the addressee and with the intent to deprive that addressee of the mail.
(2) For purposes of this section, "mail" means an envelope, a package, a bag, or a box that:
(a) Is delivered by a common carrier or delivery service to an addressee; or
(b) Has been left to be collected for delivery by a common carrier or delivery service.
(3) Theft of mail is a misdemeanor. [L 2022, c 112, §2]
COMMENTARY ON §708-839.9
Act 112, Session Laws 2022, added this section to establish the offense of theft of mail. The legislature found that the coronavirus disease 2019 pandemic had changed the way many families relied on delivery services. There had been a major increase in the amount of online orders being placed and subsequently fulfilled by shipping items through the mail. Most packages sent through the mail are left outside the door at their intended destination if there is no mail receptacle large enough for the package on site. The legislature further found that reports of mail theft were on the rise. When mail carriers leave packages by doors or in otherwise unsecured mail receptacles, the packages are susceptible to theft, leading to frustration for senders and intended recipients. The legislature noted that Act 112 provided necessary protection to the property of the State's residents and facilitated the prosecution of theft of mail at the state level. Senate Standing Committee Report No. 3559, House Standing Committee Report No. 792-22.
