2023 Hawaii Revised Statutes
Title 37. Hawaii Penal Code
710. Offenses Against Public Administration
710-1010.2 Official misconduct. (1) A public servant commits the offense of official misconduct when, in the person's official capacity, the person: (a) With intent to obtain a benefit other than the person's lawful compensation, intentionally or knowingly performs an act using the power of that person's office, knowing that the act constitutes an unauthorized exercise of the person's official functions; (b) With intent to obtain a benefit other than the person's lawful compensation, intentionally or knowingly refrains from performing an official duty that is imposed upon the person by law or is clearly inherent in the nature of the person's office; or (c) Intentionally or knowingly submits or invites reliance on any statement, document, or record, in written, printed, or electronic form, that the person knows to be falsely made, completed, or altered, or in which the person knows to contain a false statement or false information. (2) As used in this section: "An official duty that is imposed upon the person by law or is clearly inherent in the nature of the person's office" means one or more unspecified duties that are so essential to the accomplishment of the purposes for which the office was created that it is clearly inherent in the nature of the office. "Official function" means the decision, opinion, recommendation, vote, or other exercise or performance of duty of a public servant. (3) Official misconduct is a class C felony. [L 2023, c 130, §2] COMMENTARY ON §710-1010.2 Act 130, Session Laws 2023, added this section to establish the class C felony offense of official misconduct to prohibit a person, in the person's official capacity, from acting or refraining from performing an official duty with the intent to obtain a benefit other than the person's lawful compensation, or submitting or inviting reliance on any false statement, document, or record. The legislature found that public corruption can take many forms beyond mere economic gain, including illegal lobbying, bribery, sexual fav
§710-1010.2 Official misconduct. (1) A public servant commits the offense of official misconduct when, in the person's official capacity, the person:
(a) With intent to obtain a benefit other than the person's lawful compensation, intentionally or knowingly performs an act using the power of that person's office, knowing that the act constitutes an unauthorized exercise of the person's official functions;
(b) With intent to obtain a benefit other than the person's lawful compensation, intentionally or knowingly refrains from performing an official duty that is imposed upon the person by law or is clearly inherent in the nature of the person's office; or
(c) Intentionally or knowingly submits or invites reliance on any statement, document, or record, in written, printed, or electronic form, that the person knows to be falsely made, completed, or altered, or in which the person knows to contain a false statement or false information.
(2) As used in this section:
"An official duty that is imposed upon the person by law or is clearly inherent in the nature of the person's office" means one or more unspecified duties that are so essential to the accomplishment of the purposes for which the office was created that it is clearly inherent in the nature of the office.
"Official function" means the decision, opinion, recommendation, vote, or other exercise or performance of duty of a public servant.
(3) Official misconduct is a class C felony. [L 2023, c 130, §2]
COMMENTARY ON §710-1010.2
Act 130, Session Laws 2023, added this section to establish the class C felony offense of official misconduct to prohibit a person, in the person's official capacity, from acting or refraining from performing an official duty with the intent to obtain a benefit other than the person's lawful compensation, or submitting or inviting reliance on any false statement, document, or record. The legislature found that public corruption can take many forms beyond mere economic gain, including illegal lobbying, bribery, sexual favors, favorable school placements, and other actions that violate the public trust for personal gain. Accordingly, Act 130 provided a mechanism to increase the public's trust and confidence in the state and local government while providing law enforcement with a tool to adequately deter and commensurately punish public corruption. Senate Standing Committee Report No. 1614, House Standing Committee Report No. 813, Conference Committee Report No. 8.
