The AI workspace for legal professionals
- Legal research with access to more than 1 million sources
- Document automation
- Matter management
- Hosted in the EU and Switzerland
Try it free for 14 days (10 questions/day during trial)
The AI workspace for legal professionals
Try it free for 14 days (10 questions/day during trial)
chapter-708•Hawaii Revised Statutes, Chapter 708 — Offenses Against Property Rights
chapter-708Haw. Rev. Stat. ch. 708CodeJan 1, 1972
Division 5. Crimes and Criminal Proceedings — Title 37. Hawaii Penal Code
Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:15 PM).
In this chapter, unless a different meaning plainly is required, the following definitions apply.
"Agricultural equipment, supplies, or products" mean any agricultural equipment, supplies, or commercial agricultural products or commodities raised, grown, or maintained by a commercial agricultural enterprise or research agency while owned by the enterprise or agency.
"Apartment building" means any structure containing one or more dwelling units which is not a hotel or a single-family residence.
"Aquacultural equipment, supplies, or products" means any equipment, supplies, products, or commodities used, raised, grown, or maintained for the production of fish, shellfish, mollusk, crustacean, algae, or other aquatic plant or animal by an aquaculture enterprise or research agency while owned by the enterprise or agency.
"Building" includes any structure, and the term also includes any vehicle, railway car, aircraft, or watercraft used for lodging of persons therein; each unit of a building consisting of two or more units separately secured or occupied is a separate building.
"Cable operator" means any person who provides cable television service by means of a set of closed transmission paths and associated signal generation, reception, and control equipment designed to deliver such programming to multiple subscribers.
"Cable television service" means one-way transmission of programming provided by, or generally considered comparable to programming provided by, a television broadcast station or other information made available by a cable operator to all subscribers generally.
"Cable television service device" means any mechanical or electronic instrument, apparatus, equipment or device which can be used to obtain cable television services without payment of applicable charges therefor. A "cable television service device" does not include any instrument, apparatus, equipment, device, facility or any component thereof furnished by a cable operator in the ordinary course of its business.
"Cardholder" means the person or organization named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer.
"Confidential personal information" means information in which an individual has a significant privacy interest, including but not limited to an individual's entire driver's license number or social security number; the entire identifying number of an individual's depository, investment, or credit account; an individual's entire credit card number; or a username and password that, when used in conjunction, provide access to an individual's credit card account, medical records, or depository, investment, or credit account.
"Control over the property" means the exercise of dominion over the property and includes, but is not limited to, taking, carrying away, or possessing the property, or selling, conveying, or transferring title to or an interest in the property.
"Credit card" means any instrument or device, whether known as a credit card, credit plate, debit card, electronic benefits transfer card, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, or anything else of value.
"Dealer" means a person in the business of buying and selling goods.
"Deception" occurs when a person knowingly:
(1) Creates or confirms another's impression which is false and which the defendant does not believe to be true;
(2) Fails to correct a false impression which the person previously has created or confirmed;
(3) Prevents another from acquiring information pertinent to the disposition of the property involved;
(4) Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property, whether that impediment is or is not valid, or is or is not a matter of official record; or
(5) Promises performance which the person does not intend to perform or knows will not be performed, but a person's intention not to perform a promise shall not be inferred from the fact alone that the person did not subsequently perform the promise.
The term "deception" does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed. "Puffing" means an exaggerated commendation of wares or services in communications addressed to the public or to a class or group.
"Deprive" means:
(1) To withhold property or cause it to be withheld from a person permanently or for so extended a period or under such circumstance that a significant portion of its economic value, or of the use and benefit thereof, is lost to the person;
(2) To dispose of the property so as to make it unlikely that the owner will recover it;
(3) To retain the property with intent to restore it to the owner only if the owner purchases or leases it back, or pays a reward or other compensation for its return;
(4) To sell, give, pledge, or otherwise transfer any interest in the property; or
(5) To subject the property to the claim of a person other than the owner.
"Distributes" means to sell, transfer, give or deliver to another, or to leave, barter, or exchange with another, or to offer or agree to do the same.
"Dwelling" means a building, including a multi-unit building, that is used or usually used by a person or persons for lodging. "Dwelling" includes any connected parking or storage areas, access to which is clearly restricted to residents by means of signage or security apparatus, or both.
"Encoding" means making, changing, altering, erasing, adding, creating, or manipulating a credit card number electronically, or magnetically, or both.
"Enter or remain unlawfully" means to enter or remain in or upon premises when the person is not licensed, invited, or otherwise privileged to do so. A person who, regardless of the person's intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated to the person by the owner of the premises or some other authorized person. A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public.
"Expired credit card" means a credit card which is no longer valid because the term shown on the credit card has elapsed.
"Financial institution" means a bank, trust company, insurance company, credit union, safety deposit company, savings and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.
"Government" means the United States, or any state, county, municipality, or other political unit within territory belonging to the United States, or any department, agency, or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government, or any corporation or agency formed pursuant to interstate compact or international treaty. As used in this definition "state" includes any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
"Hotel" means a structure in which a majority of the tenants are roomers or boarders.
"Intent to defraud" means:
(1) An intent to use deception to injure another's interest which has value; or
(2) Knowledge by the defendant that the defendant is facilitating an injury to another's interest which has value.
"Issuer" means the business organization or financial institution which issues a credit card or its agent.
"Master key" means a key which will operate two or more locks to different apartments, offices, hotel rooms, or motel rooms in a common physical location.
"Obtain" means:
(1) When used in relation to property, to bring about a transfer of possession or other interest, whether to the obtainer or to another; and
(2) When used in relation to services, to secure the performance of services.
"Owner" means a person, other than the defendant, who has possession of or any other interest in, the property involved, even though that possession or interest is unlawful; however, a secured party is not an owner in relation to a defendant who is a debtor with respect to property in which the secured party has only a security interest.
"Personal information" means information associated with an actual person or a fictitious person that is a name, an address, a telephone number, an electronic mail address, a driver's license number, a social security number, an employer, a place of employment, information related to employment, an employee identification number, a mother's maiden name, an identifying number of a depository account, a bank account number, a password used for accessing information, or any other name, number, or code that is used, alone or in conjunction with other information, to confirm the identity of an actual or a fictitious person.
"Premises" includes any building and any real property.
"Property" means any money, personal property, real property, thing in action, evidence of debt or contract, or article of value of any kind, and includes property that is stored in an electronic medium and is retrievable in a perceivable form. Commodities of a public utility nature such as gas, electricity, steam, and water constitute property, but the supplying of such a commodity to premises from an outside source by means of wires, pipes, conduits, or other equipment shall be deemed a rendition of a service rather than a sale or delivery of property.
"Property of another" means property which any person, other than the defendant, has possession of or any other interest in, even though that possession or interest is unlawful; however, a security interest is not an interest in property, even if title is in the secured party pursuant to the security agreement.
"Receives" or "receiving" includes but is not limited to acquiring possession, control, or title, and taking a security interest in the property.
"Revoked credit card" means a credit card which is no longer valid because permission to use the credit card has been suspended or terminated by the issuer.
"Services" includes but is not limited to labor, professional services, transportation, telephone or other public services, accommodation in hotels, restaurants or elsewhere, admission to exhibitions, and the supplying of equipment for use.
"Stolen" means obtained by theft or robbery.
"Telecommunication service" means the offering of transmission between or among points specified by a user, of information of the user's choosing, including voice, data, image, graphics, and video without change in the form or content of the information, as sent and received, by means of electromagnetic transmission, or other similarly capable means of transmission, with or without benefit of any closed transmission medium, and does not include cable service as defined in section 440G-3.
"Telecommunication service device" means any mechanical or electronic instrument, apparatus, equipment, or device which can be used to obtain telecommunication services without payment of applicable charges therefor and shall include any such device that is capable of, or has been altered, modified, programmed, or reprogrammed alone or in conjunction with another device or other equipment so as to be capable of acquiring or facilitating the acquisition of any electronic serial number, mobile identification number, personal identification number, or any telecommunication service without payment of the applicable charges therefor. A "telecommunication service device" includes telecommunication devices altered to obtain service without the consent of the telecommunication service provider, tumbler phones, counterfeit or clone microchips, scanning receivers of wireless telecommunication service of a telecommunication service provider, and other instruments capable of disguising their identity or location or of gaining access to a communications system operated by a telecommunication service provider. A "telecommunication service device" does not include any telephone or telegraph instrument, equipment, device, facility, or any component thereof furnished by a provider of telecommunication services in the ordinary course of its business nor any device operated by a law enforcement agency in the normal course of its activities.
"Telecommunication service provider" means any person that owns, operates, manages, or controls any facility used to furnish telecommunication services for profit to the public, or to classes of users as to be effectively available to the public, engaged in the provision of services, such as voice, data, image, graphics, and video services, that make use of all or part of their transmission facilities, switches, broadcast equipment, signalling, or control devices.
"Unauthorized control over property" means control over property of another which is not authorized by the owner.
"Widely dangerous means" includes explosion, flood, avalanche, collapse of building, poison gas, radioactive material, or any other material, substance, force, or means capable of causing potential widespread injury or damage.
[L 1972, c 9, pt of §1; am L 1973, c 136, §7(a); am L 1974, c 55, §2 and c 200, §1; am L 1978, c 221, §1; am L 1979, c 106, §4; am L 1986, c 314, §60; am L 1987, c 268, §1; am L 1992, c 54, §1; am L 1993, c 218, §2 and c 287, §1; gen ch 1993; am L 1996, c 222, §2; am L 1997, c 198, §3; am L 2002, c 45, §1 and c 224, §4; am L 2005, c 182, §2; am L 2006, c 139, §3, c 156, §2, and c 181, §2; am L 2011, c 208, §1; am L 2018, c 101, §1; am L 2021, c 21, §1; am L 2024, c 240, §2]
Whenever the value of property or services is determinative of the class or grade of an offense, or otherwise relevant to a prosecution, the following shall apply:
(1) Except as otherwise specified in this section, value means the market value of the property or services at the time and place of the offense, or the replacement cost if the market value of the property or services cannot be determined.
(2) Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertained market value, shall be evaluated as follows:
(a) The value of an instrument constituting an evidence of debt, such as a check, traveler's check, draft, or promissory note, shall be deemed the amount due or collectible thereon or thereby, that figure ordinarily being the face amount of the indebtedness less any portion thereof that has been satisfied;
(b) The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation shall be deemed the greatest amount of economic loss that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.
(3) When property or services have value but that value cannot be ascertained pursuant to the standards set forth above, the value shall be deemed to be an amount not exceeding $100.
(4) When acting intentionally or knowingly with respect to the value of property or services is required to establish an element of an offense, the value of property or services shall be prima facie evidence that the defendant believed or knew the property or services to be of that value. When acting recklessly with respect to the value of property or services is sufficient to establish an element of an offense, the value of the property or services shall be prima facie evidence that the defendant acted in reckless disregard of the value.
(5) When acting intentionally or knowingly with respect to the value of property or services is required to establish an element of an offense, it is a defense, which reduces the class or grade of the offense to a class or grade of offense consistent with the defendant's state of mind, that the defendant believed the valuation of the property or services to be less. When acting recklessly with respect to the value of property or services is required to establish an element of an offense, it is a defense that the defendant did not recklessly disregard a risk that the property was of the specified value.
(6) Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether the property taken be of one person or several persons, may be aggregated in determining the class or grade of the offense. Amounts involved in offenses of criminal property damage committed pursuant to one scheme or course of conduct, whether the property damaged be of one person or several persons, may be aggregated in determining the class or grade of the offense.
[L 1972, c 9, pt of §1; am L 1987, c 175, §1; am L 1998, c 49, §1; am L 2006, c 230, §34]
Identification of an item of property recovered for violation of chapter 708, may be made by photographing the item and authentication of the content of the photograph. Such photograph shall be deemed competent evidence of the item photographed and admissible in any proceeding, hearing, or trial for violation of the chapter.
Provided, however, that nothing in this section shall be construed to limit or to restrict the application of rule 901 of the Hawaii rules of evidence.
[L 1981, c 124, §1; am L 1990, c 194, §1]
(1) A person commits the offense ofhabitual property crime if the person is a habitual property crime perpetrator and commits a property crime.
(2) For the purposes of this section, "habitual property crime perpetrator" means a person who, within ten years of the instant offense, has convictions for offenses within this chapter for:
(a) Any combination of two felonies or misdemeanors; or
(b) Any combination of either one felony or one misdemeanor and one petty misdemeanor; or
(c) Three petty misdemeanors.
The convictions shall be for separate incidents on separate dates. The prosecution is not required to prove any state of mind with respect to the person's status as a habitual property crime perpetrator. Proof that the person has the requisite minimum prior convictions shall be sufficient to establish this element.
(3) A person commits a property crime if the person engages in conduct that constitutes an offense under this chapter. It can be established that the person has committed a property crime by either the prosecution proving that the person is guilty of or by the person pleading guilty or no contest to committing any offense under this chapter.
(4) Habitual property crime is a class C felony.
(5) For a conviction under this section, the sentence shall be either:
(a) An indeterminate term of imprisonment of five years; provided that the minimum term of imprisonment shall be not less than one year; or
(b) A term of probation of five years, with conditions to include but not be limited to one year of imprisonment; provided that probation shall only be available for a first conviction under this section.
[L 2004, c 49, §1; am L 2014, c 118, §1; am L 2016, c 231, §36]
(a) An owner of real property or the owner's agent shall be authorized to enter vacant real property that is privately owned and directly adjacent to the entering owner's property to control one or more albizia trees located on the adjacent property; provided that the entering owner:
(1) Has consulted with a tree risk assessment qualification certified arborist to confirm that the albizia trees on the adjacent property:
(A) Create a condition that could become hazardous to the entering owner's property or persons thereupon if left untreated; and
(B) May be felled and removed or otherwise treated according to current established methods that minimize risk to human health and safety, and without damaging any structure, utility pole, or utility line;
(2) Has unsuccessfully made two or more reasonable attempts within the previous thirty days to contact the owner of record of the adjacent property via telephone or registered mail; and
(3) Has given written notice to the adjacent property owner prior to accessing the adjacent property, to prevent the property from mistakenly being determined vacant where the land is not in production because it is, for example, resting pasture land at the intended time of entry.
(b) It shall be a defense to citation or prosecution under sections 708-814, 708-815, 708-820, 708-821, 708-822, 708-823, and 708-823.5 that the entering property owner or agent entered an adjacent property for the purposes of and in compliance with this section.
(c) As used in this section:
"Albizia tree" means any tree of the species Falcataria moluccana or Albizia chinensis .
"Vacant" means improved or unimproved but having no reasonable indication of use or maintenance for one year or more.
[L 2019, c 13, §2]
(1) A person commits the offense of burglary in the first degree if the person intentionally enters or remains unlawfully in a building, with intent to commit therein a crime against a person or against property rights, and:
(a) The person is armed with a dangerous instrument in the course of committing the offense;
(b) The person intentionally, knowingly, or recklessly inflicts or attempts to inflict bodily injury on anyone in the course of committing the offense; or
(c) The person recklessly disregards a risk that the building is the dwelling of another, and the building is such a dwelling.
(2) An act occurs "in the course of committing the offense" if it occurs in effecting entry or while in the building or in immediate flight therefrom.
(3) In the case of a dwelling that is a multi-unit building, the owner of the multi-unit building, owner of an individual unit, a property manager, or an authorized representative of the condominium association may act as a complainant.
(4) Burglary in the first degree shall be a class B felony.
[L 1972, c 9, pt of §1; gen ch 1993; am L 2024, c 240, §3]
(1) A person commits the offense of burglary in the second degree if the person intentionally enters or remains unlawfully in a building with intent to commit therein a crime against a person or against property rights.
(2) Burglary in the second degree is a class C felony.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) A person commits the offense of possession of burglar's tools if:
(a) The person knowingly possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking, and the person intends to use the explosive, tool, instrument, or article, or knows some person intends ultimately to use it, in the commission of the offense of the nature described aforesaid; or
(b) The person knowingly possesses any master key, unless authorized, and the person intends to use the master key or knows some person intends ultimately to use it, in the commission of an offense involving entry into premises or theft by a physical taking.
(2) Possession of burglar's tools is a misdemeanor.
(3) A master key taken in evidence shall be impounded by the court and returned to the owner of the locks or premises which the key operates.
[L 1972, c 9, pt of §1; am L 1978, c 221, §2; gen ch 1993]
A person engages in conduct "with intent to commit therein a crime against a person or against property rights" if the person formed the intent to commit within the building a crime against a person or property rights before, during, or after unlawful entry into the building.
[L 2006, c 230, pt of §2]
(1) A person commits the offense of unauthorized entry in a dwelling in the first degree if the person intentionally or knowingly enters unlawfully into a dwelling and another person was, at the time of the entry, lawfully present in the dwelling who:
(a) Was sixty years of age or older and the age of the person lawfully present in the dwelling was known or reasonably should have been known to the person who unlawfully entered;
(b) Was an incapacitated person; or
(c) Had a developmental disability.
(2) For the purposes of this section:
"Developmental disability" shall have the same meaning as in section 333E-2.
"Incapacitated person" shall have the same meaning as in section 560:5-102.
(3) Unauthorized entry in a dwelling in the first degree is a class B felony.
(4) It shall be an affirmative defense that reduces this offense to a misdemeanor that, at the time of the unlawful entry:
(a) There was a social gathering of invited guests at the dwelling the defendant entered;
(b) The defendant intended to join the social gathering as an invited guest; and
(c) The defendant had no intent to commit any unlawful act other than the entry.
[L 2011, c 187, §2; am L 2021, c 147, §3]
(1) A person commits the offense of unauthorized entry in a dwelling in the second degree if the person intentionally or knowingly enters unlawfully into a dwelling and another person was lawfully present in the dwelling.
(2) Unauthorized entry in a dwelling in the second degree is a class C felony.
(3) It shall be an affirmative defense that reduces this offense to a misdemeanor that, at the time of the unlawful entry:
(a) There was a social gathering of invited guests at the dwelling the defendant entered;
(b) The defendant intended to join the social gathering; and
(c) The defendant had no intent to commit any unlawful act other than the entry.
[L 2006, c 230, pt of §2; am L 2011, c 187, §3]
(1) A person commits the offense of criminal trespass in the first degree if:
(a) That person knowingly enters or remains unlawfully:
(i) In a dwelling; or
(ii) In or upon the premises of a hotel or apartment building;
(b) That person:
(i) Knowingly enters or remains unlawfully in or upon premises that are fenced or enclosed in a manner designed to exclude intruders; and
(ii) Is in possession of a firearm, as defined in section 134-1, at the time of the intrusion; or
(c) That person enters or remains unlawfully in or upon the premises of any public school as defined in section 302A-101, or any private school, after reasonable warning or request to leave by school authorities or a police officer; provided however, such warning or request to leave shall be unnecessary between 10:00 p.m. and 5:00 a.m.
(2) Subsection (1) shall not apply to:
(a) A process server who enters or remains in or upon the land or premises of another, unless the land or premises are secured with a fence and locked gate, for the purpose of making a good faith attempt to perform their legal duties and to serve process upon any of the following:
(i) An owner or occupant of the land or premises;
(ii) An agent of the owner or occupant of the land or premises; or
(iii) A lessee of the land or premises; or
(b) A professional land surveyor, or assistant under the direct supervision of the professional land surveyor, who enters or remains in or upon the land or premises of another for the purpose of performing land surveying at the request of the landowner of, or person with an interest in, the real property to be surveyed.
(3) As used in this section, "process server" means any person authorized under the Hawaii rules of civil procedure, district court rules of civil procedure, Hawaii family court rules, or section 353C-10 to serve process.
(4) Criminal trespass in the first degree is a misdemeanor.
[L 1972, c 9, pt of §1; am L 1974, c 55, §1; am L 1975, c 32, §1; am L 1981, c 177, §1; am L 1996, c 89, §18; am L 2000, c 200, §1; am L 2015, c 101, §2; am L 2023, c 209, §3]
(1) A person commits the offense of criminal trespass in the second degree if:
(a) The person knowingly enters or remains unlawfully in or upon premises that are enclosed in a manner designed to exclude intruders or are fenced;
(b) The person enters or remains unlawfully in or upon commercial premises after a reasonable warning or request to leave by the owner or lessee of the commercial premises, the owner's or lessee's authorized agent, or a police officer; provided that this paragraph shall not apply to any conduct or activity subject to regulation by the National Labor Relations Act.
For the purposes of this paragraph, "reasonable warning or request" means a warning or request communicated in writing at any time within a one-year period inclusive of the date the incident occurred, which may be evidenced by a copy of the previously issued written warning or request, whether or not the copy is posted at the premises or retained by the county police department, and which may contain but is not limited to the following information:
(i) A warning statement advising the person that the person's presence is no longer desired on the property for a period of one year from the date of the notice, that a violation of the warning will subject the person to arrest and prosecution for trespassing pursuant to this subsection, and that criminal trespass in the second degree is a petty misdemeanor;
(ii) The legal name, any aliases, and a photograph, if practicable, or a physical description, including but not limited to sex, racial extraction, age, height, weight, hair color, eye color, or any other distinguishing characteristics of the person warned;
(iii) The name of the person giving the warning along with the date and time the warning was given; and
(iv) The signature of the person giving the warning, the signature of a witness or police officer who was present when the warning was given and, if possible, the signature of the violator;
(c) The person enters or remains unlawfully on unimproved or unused lands without the permission of the owner of the land, the owner's agent who is authorized to give the permission, or the person in lawful possession of the land, and the lands:
(i) Are fenced, enclosed, or secured in a manner designed to exclude the general public; or
(ii) Have a sign or signs displayed on the unenclosed, unimproved, or unused land sufficient to give reasonable notice and reads as follows: "Private Property - No Trespassing", "Government Property - No Trespassing", or a substantially similar message; provided that the sign or signs shall contain letters no less than two inches in height and shall be placed at reasonable intervals no less than three signs to a mile along the boundary line of the land and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line.
For the purposes of this paragraph, "unimproved or unused lands" means any land upon which there is no improvement; construction of any structure, building, or facility; or alteration of the land by grading, dredging, or mining that would cause a permanent change in the land or that would change the basic natural condition of the land. Land remains "unimproved or unused land" under this paragraph notwithstanding minor improvements, including the installation or maintenance of utility poles, signage, and irrigation facilities or systems; minor alterations undertaken for the preservation or prudent management of the unimproved or unused land, including the installation or maintenance of fences, trails, or pathways; maintenance activities, including forest plantings and the removal of weeds, brush, rocks, boulders, or trees; and the removal or securing of rocks or boulders undertaken to reduce risk to downslope properties; or
(d) The person enters or remains unlawfully in or upon any area of a housing project that is closed to the public pursuant to section 356D-6.7 and meets the signage requirements of section 356D-6.7, or the person enters or remains unlawfully in or upon any property that is subject to section 356D-6.7 and meets the signage requirements of section 356D-6.7 after a reasonable warning or request to leave by the housing authority or law enforcement officer, as defined in section 710-1000, based upon an alleged violation of law or administrative rule, notwithstanding any invitation or authorization provided to the person by a tenant of that housing project or a member of that tenant's household.
As used in this paragraph:
"Housing authority" means a property manager, resident manager, tenant monitors, security guards, or others officially designated by the Hawaii public housing authority, for the housing project.
"Housing project" means a public housing project, or elder or elderly housing as defined in section 356D-1, or state low-income housing project as defined in section 356D-51.
"Reasonable warning or request" means a warning or request communicated in writing at any time within a one-year period inclusive of the date the incident occurred, which may contain but is not limited to the following information:
(i) A warning statement advising the person that for a period of one year from the date of the notice, the person's presence is no longer desired in or on the areas of the subject housing project that are closed to the public, that a violation of the warning will subject the person to arrest and prosecution for trespassing pursuant to this subsection, and that criminal trespass in the second degree is a petty misdemeanor;
(ii) The legal name, any aliases, and a photograph, if practicable, or a physical description, including but not limited to sex, racial extraction, age, height, weight, hair color, eye color, or any other distinguishing characteristics of the person warned;
(iii) The name of the person giving the warning along with the date and time the warning was given;
(iv) The signature of the person giving the warning and, if possible, the signature of the violator; and
(v) The name and signature of a witness or law enforcement officer, as defined in section 710-1000, who was present when the warning was given.
(2) Subsection (1) shall not apply to:
(a) A process server who enters or remains in or upon the land or premises of another, unless the land or premises are secured with a fence and locked gate, for the purpose of making a good faith attempt to perform the process server's legal duties and to serve process upon any of the following:
(i) An owner or occupant of the land or premises;
(ii) An agent of the owner or occupant of the land or premises; or
(iii) A lessee of the land or premises.
For the purposes of this paragraph, "process server" means any person authorized under the Hawaii rules of civil procedure, district court rules of civil procedure, Hawaii family court rules, or section 353C-10 to serve process; or
(b) A professional land surveyor, or assistant under the direct supervision of the professional land surveyor, who enters or remains in or upon the land or premises of another for the purpose of performing land surveying at the request of the landowner of, or person with an interest in, the real property to be surveyed.
(3) Criminal trespass in the second degree is a petty misdemeanor.
[L 1972, c 9, pt of §1; am L 1974, c 49, §1; am L 1979, c 201, §1; am L 1980, c 232, §40; am L 1981, c 177, §2; gen ch 1993; am L 1998, c 146, §1; am L 2004, c 50, §2; am L 2005, c 181, §2 and c 212, §3; am L 2011, c 208, §2; am L 2013, c 145, §1; am L 2015, c 101, §3; am L 2017, c 136, §3; am L 2018, c 31, §3; am L 2019, c 245, §2; am L 2023, c 209, §4; am L 2025, c 235, §39]
(1) A person commits the offense of criminal trespass onto public parks and recreational grounds if the person remains unlawfully in or upon a public park or recreational ground after a request to leave is made by any law enforcement officer, when the request is based upon violation by the person of any term of use specified on a sign or notice posted on the property, or based on violation of any term of use contained in, or the expiration of, any permit relating to the person's presence on the property.
(2) For the purposes of this section, unless the context requires otherwise:
"Law enforcement officer" has the same meaning as in section 710-1000.
"Public park or recreational ground" means any park, park roadway, playground, athletic field, beach, shore, beach or shore right-of-way, tennis court, golf course, swimming pool, or other recreational area or facility under control, maintenance, and management of the State or any of the counties.
(3) Criminal trespass onto public parks and recreational grounds is a petty misdemeanor.
[L 2005, c 212, §2]
[§708-814.7] Criminal trespass onto state lands. (1) Except for lands owned by the office of Hawaiian affairs, and except for improved state lands that are designated safe havens by state departments or agencies, or that are under executive order by the governor to be used as a safe haven and have a department of health component and adequate space, not to include state hospitals, a person commits the offense of criminal trespass onto state lands if:
(a) The person enters or remains unlawfully in or upon any improved state land when:
(i) The land is closed to public use and its closure hours are posted on a sign or signs on the improved state land, and after a request to leave is made by any law enforcement officer the person remains in or upon the land; or
(ii) The land is not open to the public and there are signs that are sufficient to give reasonable notice that read: "Government Property - No Trespassing"; provided that these signs shall contain letters no less than two inches in height and shall be placed at reasonable intervals no less than three signs to a mile along the boundary line of the land and at all roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary; or
(b) The person enters or remains unlawfully in or upon any state land on or under any highway, and the state land has a sign or signs displayed upon the land that are sufficient to give reasonable notice that read: "Government Property - No Trespassing"; provided that the signs shall contain letters no less than two inches in height and shall be placed at reasonable intervals no less than three signs to a mile along the boundary line of the land and at all roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary.
(2) Criminal trespass onto state lands is a petty misdemeanor.
(3) For the purposes of this section, unless the context requires otherwise:
"Highway" has the same meaning as in section 286-2.
"Improved state land" means any state land, including but not limited to harbors under the care and control of the department of transportation under chapter 266, and small boat harbors under the care and control of the department of land and natural resources under chapter 200, upon which there is improvement, including any structure, building, or facility; or alteration of the land by grading, dredging, or mining that would cause a permanent change in the land or that would change the basic natural condition of the land. Land is not "improved state land" if it only has minor improvements, including utility poles, signage, and irrigation facilities or systems; or minor alterations undertaken for the preservation or prudent management of the unimproved or unused land, including fences, trails, or pathways. Land is not "improved state land" solely due to the performance of state maintenance activities on the land, including forest plantings and the removal of weeds, brush, rocks, boulders, or trees; or removal or securing of rocks or boulders undertaken to reduce risk to downslope properties.
"State lands" means all land owned by the State through any of its departments or agencies.
(4) No conviction under this section shall be used to establish a felony conviction under section 708-803.
[L 2017, c 136, §2]
When trespass involves public land, any state or county law enforcement officer may enforce the trespass laws of this part without regard to whether the land is owned by the State or by a county; provided that nothing in this section shall be construed to alter the existing responsibility of law enforcement officers to enforce, as applicable, the laws of the State, or to alter the respective jurisdictional boundaries observed by state and county law enforcement officers. Nothing contained in this section shall diminish, alter, or amend any existing rights, privileges, or practices of the Native Hawaiian people; nor shall the obligations of the State to the Native Hawaiian people be absolved.
[L 2023, c 228, §1]
(1) A person commits the offense of simple trespass if the person knowingly enters or remains unlawfully in or upon premises.
(2) Simple trespass is a violation.
[L 1972, c 9, pt of §1; gen ch 1993]
It is a defense to prosecution for trespass as a violation of sections 708-814 and 708-815 that the defendant entered upon and passed along or over established and well-defined roadways, pathways, or trails leading to public beaches over government lands, whether or not under lease to private persons, or for the purposes of and in compliance with section 708-804.
[L 1972, c 9, pt of §1; am L 2019, c 13, §3]
[§708-816.5] Entry upon the premises of a facility utilized as a sex, child, or spouse abuse shelter; penalty. [(1)] No person shall knowingly enter or remain unlawfully upon the premises of a facility utilized as a sex abuse, child abuse, or spouse abuse shelter after reasonable warning or request to leave by a member of the facility's staff.
[(2)] Violation of this section is a misdemeanor.
[L 1993, c 12, §1]
(1) A person commits the offense of burglary of a dwelling if, during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A and within the area covered by the emergency period, the person:
(a) Intentionally enters or remains unlawfully in a dwelling with intent to commit therein a crime against a person or against property rights; and
(b) Recklessly disregards a risk that the building is the dwelling of another, and the building is such a dwelling at the time.
(2) Burglary of a dwelling during an emergency period is a class A felony.
[L 2006, c 116, pt of §3, am L 2014, c 111, §17]
(1) A person commits the offense of burglary of a building if, during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A and within the area covered by the emergency period, the person intentionally enters or remains unlawfully in a building other than a dwelling with intent to commit therein a crime against a person or against property rights.
(2) Burglary of a building during an emergency period is a class B felony.
[L 2006, c 116, pt of §3; am L 2014, c 111, §18]
(1) A person commits the offense of criminal property damage in the first degree if by means other than fire:
(a) The person intentionally or knowingly damages property and thereby recklessly places another person in danger of death or bodily injury;
(b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $20,000;
(c) The person intentionally or knowingly damages the property of another during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A, within the area covered by the emergency or disaster; or
(d) The person intentionally or knowingly damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $1,500. In calculating the amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production.
(2) Criminal property damage in the first degree is a class B felony; provided that any person convicted of violating subsection (1)(d) shall be sentenced to a term of imprisonment of not less than one hundred eighty days, without possibility of probation or suspension of sentence.
[L 1972, c 9, pt of §1; gen ch 1993; am L 1996, c 170, §1; am L 2003, c 19, §1; am L 2006, c 116, §5, c 156, §3, and c 181, §3; am L 2007, c 98, §1; am L 2014, c 111, §19; am L 2025, c 235, §40]
(1) A person commits the offense of criminal property damage in the second degree if by means other than fire:
(a) The person intentionally or knowingly damages the property of another, without the other's consent, by the use of widely dangerous means;
(b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $1,500; or
(c) The person intentionally or knowingly damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $500. In calculating the amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production.
(2) Criminal property damage in the second degree is a class C felony; provided that any person convicted of violating subsection (1)(c) shall be sentenced to a term of imprisonment of not less than one hundred eighty days, without possibility of probation or suspension of sentence.
[L 1972, c 9, pt of §1; am L 1973, c 136, §7(b); gen ch 1993; am L 1996, c 170, §2; am L 2003, c 19, §2; am L 2006, c 156, §4 and c 181, §4; am L 2007, c 98, §2; am L 2025, c 235, §41]
(1) A person commits the offense of criminal property damage in the third degree if by means other than fire:
(a) The person recklessly damages the property of another, without the other's consent, by the use of widely dangerous means;
(b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $500; or
(c) The person intentionally damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $100. In calculating the amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production.
(2) Criminal property damage in the third degree is a misdemeanor; provided that any person convicted of violating subsection (1)(c) shall be sentenced to a term of imprisonment of not less than ninety days, without possibility of probation or suspension of sentence.
[L 1972, c 9, pt of §1; am L 1973, c 136, §7(c); am L 1986, c 314, §62; gen ch 1993; am L 1996, c 170, §3; am L 2006, c 156, §5, c 181, §5, and c 230, §35; am L 2007, c 98, §3; am L 2025, c 235, §42]
(1) A person commits the offense of criminal property damage in the fourth degree if by means other than fire, the person intentionally or knowingly damages the property of another without the other's consent.
(2) Criminal property damage in the fourth degree is a petty misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993; am L 2006, c 181, §6 and c 230, §36]
(1) A person commits the offense of criminal trespass on agricultural land if the person enters or remains unlawfully on agricultural land without the permission of the owner of the land, the owner's agent who is authorized by the owner to give the permission, or the person in lawful possession of the land, and the agricultural land:
(a) Is fenced, enclosed, or secured in a manner designed to exclude intruders or marked by a structure or barrier, including a cattle grid, cattle grate, or other obstacle, used to secure livestock; or
(b) At the time of entry, is fallow or has a visible presence of livestock-raising, such as cattle, horses, water troughs, shelters, or paddocks, or a crop:
(i) Under cultivation;
(ii) In the process of being harvested; or
(iii) That has been harvested.
(2) Subsection (1) shall not apply to:
(a) A process server who enters or remains in or upon the land or premises of another, unless the land or premises are secured with a fence and locked gate, for the purpose of making a good faith attempt to perform the process server's legal duties and to serve process upon any of the following:
(i) An owner or occupant of the land or premises;
(ii) An agent of the owner or occupant of the land or premises; or
(iii) A lessee of the land or premises.
For the purposes of this paragraph, "process server" means any person authorized under the Hawaii rules of civil procedure, district court rules of civil procedure, Hawaii family court rules, or section 353C-11 to serve process; or
(b) A professional land surveyor, or assistant under the direct supervision of the professional land surveyor, who enters or remains in or upon the land or premises of another for the purpose of performing land surveying at the request of the landowner of, or person with an interest in, the real property to be surveyed.
(3) Except as provided in subsection (4), criminal trespass on agricultural land shall be a misdemeanor, and any person who violates this section shall be sentenced as follows, without possibility of probation or suspension of sentence:
(a) For a first offense, or any offense not preceded within five years of a previous conviction for an offense under this section:
(i) A term of imprisonment of not less than three consecutive days; and
(ii) A fine of not less than $500;
(b) For an offense that occurs within five years of a previous conviction for an offense under this section:
(i) A term of imprisonment of not less than thirty days; and
(ii) A fine of not less than $1,000; and
(c) For an offense that occurs within five years of two or more previous convictions for offenses under this section:
(i) A term of imprisonment of not less than ninety days; and
(ii) A fine of $2,000.
(4) Any person who violates this section while in possession of a dangerous instrument shall be guilty of a class C felony.
(5) Any fines imposed in connection with the offense under this section shall be deposited with the director of finance who shall deposit the fines into the animal industry special fund established pursuant to section 142-3.6.
(6) For the purposes of this section:
"Agricultural land" means any land used primarily for a farming operation. "Agricultural land" includes state- or county-owned agricultural land, privately owned agricultural land, and land used for farm buildings and dwellings and roads and irrigation infrastructure associated with these lands.
"Dangerous instrument" has the same meaning as defined in section 707-700.
"Fallow" means land associated with agricultural production that is left unseeded or unplanted for one or more growing seasons.
"Farming operation" means a commercial agricultural or aquacultural facility or pursuit conducted, in whole or in part, including the care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses; the planting, cultivating, harvesting, and processing of crops; and the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment.
[L 2025, c 235, §38]
(1) A person commits the offense of aggravated criminal property damage if the person by means other than fire:
(a) Intentionally damages the property of another without the other's consent; and
(b) Has been convicted two or more times of an offense under section 708-822 or 708-823.
(2) For purposes of this section, "convicted two or more times" means that, at the time of the instant offense, the person had previously entered a plea of guilty or no contest or a judge or jury had previously returned a verdict of guilty against the person for two or more offenses committed on separate occasions.
(3) Aggravated criminal property damage is a misdemeanor.
[L 2005, c 187, §1; am L 2006, c 181, §7; am L 2007, c 196, §2]
(1) Whenever a person is sentenced under section 708-821, 708-822, 708-823, or 708-823.5 for an offense in which the damage is caused by graffiti, in addition to any penalty prescribed by those sections, the person shall be required to:
(a) Remove the graffiti from the damaged property within thirty days of sentencing, if it has not already been removed and where consent from the respective property owner or owners has been obtained; and
(b) For a period of time not to exceed two years from the date of sentencing, along with any other person or persons who may be sentenced under this section for the same property, perform community service removing, within fourteen days, any graffiti applied to other property within two hundred fifty yards of the site of the offense for which the person was sentenced, where consent from the respective property owner or owners has been obtained, even if the property was damaged by another person;
provided that removal of graffiti shall not place the person or others in physical danger nor inconvenience the public.
(2) In lieu of performing graffiti removal pursuant to subsection (1), the court may require a person to perform one hundred hours of community service if the government agency that is responsible for supervising the graffiti removal lacks the necessary resources to ensure the person's compliance with subsection (1).
(3) For purposes of this section, "graffiti" means any unauthorized drawing, inscription, figure, or mark of any type intentionally created by paint, ink, chalk, dye, or similar substances.
[L 2010, c 99, §1; am L 2011, c 156, §1]
(1) A person commits the offense of failure to control widely dangerous means if, knowing that widely dangerous means are endangering life or property, the person negligently fails to take measures to prevent or mitigate the danger and:
(a) The person knows that the person is under an official, contractual, or other legal duty to take measures to prevent, control, or mitigate the danger; or
(b) The means were employed by the person or with the person's assent, or on premises in the person's custody or control.
(2) Failure to control widely dangerous means is a misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993]
In sections 708-826 and 708-827:
To "tamper with" means to interfere improperly with something, meddle with it, or make unwarranted alterations in its existing condition.
"Utility" means an enterprise which provides gas, electric, steam, water or communications services, and any common carrier; it may be either publicly or privately owned or operated.
[L 1972, c 9, pt of §1]
(1) A person commits the offense of criminal tampering in the first degree if, and with intent to cause a substantial interruption or impairment of a service rendered to the public by a utility or by an institution providing health or safety protection, the person damages or tampers with, without the consent of the utility or institution, its property or facilities and thereby causes substantial interruption or impairment of service.
(2) Criminal tampering in the first degree is a misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) A person commits the offense of criminal tampering in the second degree if the person intentionally tampers with property of another person, without the other person's consent, with intent to cause substantial inconvenience to that person or to another.
(2) Criminal tampering in the second degree is a petty misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993; am L 1996, c 256, §3]
(1) A person commits the offense of criminal use of a noxious substance if the person knowingly deposits on the premises or in the vehicle of another, without the other's consent, any stink bomb or device, irritant, or offensive-smelling substance, with the intent to interfere with another's use of the premises or vehicle.
(2) Criminal use of a noxious substance is a petty misdemeanor.
[L 1972, c 9, pt of §1]
(1) A person commits the offense of criminal littering if that person knowingly places, throws, or drops litter on any public or private property or in any public or private waters, except:
(a) In a place designated by the department of health or the county for the disposal of garbage and refuse;
(b) Into a litter receptacle;
(c) Into a litter bag; provided that the bag is disposed of properly into a litter receptacle or in a place designated by the department of health or the county for the disposal of garbage and refuse.
(2) "Litter" means rubbish, refuse, waste material, garbage, trash, offal, or debris of whatever kind or description, and whether or not it is of value, and includes improperly discarded paper, metal, plastic, glass, or solid waste.
(3) Criminal littering is a petty misdemeanor.
(4) The court shall sentence any person convicted of committing the offense of criminal littering as follows:
(a) For the first offense, the person shall spend four hours of either picking up litter on public property or performing community service;
(b) For any subsequent offense, the person shall spend eight hours of either picking up litter on public property or performing community service; and
(c) The court shall fine the person convicted of committing the offense of criminal littering at least $500, but not more than $1,000.
(5) It shall be an affirmative defense that the defendant had consent of the owner in control of the property.
[L 1972, c 9, pt of §1; am L 1975, c 154, §1; am L 1979, c 60, §5; am L 1985, c 97, §1; am L 1992, c 116, §3; am L 2006, c 158, §4]
A person commits theft if the person does any of the following:
(1) Obtains or exerts unauthorized control over property. A person obtains or exerts unauthorized control over the property of another with intent to deprive the other of the property.
(2) Property obtained or control exerted through deception. A person obtains, or exerts control over, the property of another by deception with intent to deprive the other of the property.
(3) Appropriation of property. A person obtains, or exerts control over, the property of another that the person knows to have been lost or mislaid or to have been delivered under a mistake as to the nature or amount of the property, the identity of the recipient, or other facts, and, with the intent to deprive the owner of the property, the person fails to take reasonable measures to discover and notify the owner.
(4) Obtaining services by deception. A person intentionally obtains services, known by the person to be available only for compensation, by deception, false token, or other means to avoid payment for the services. When compensation for services is ordinarily paid immediately upon the rendering of them, absconding without payment or offer to pay is prima facie evidence that the services were obtained by deception.
(5) Diversion of services. Having control over the disposition of services of another to which a person is not entitled, the person intentionally diverts those services to the person's own benefit or to the benefit of a person not entitled thereto.
(6) Failure to make required disposition of funds.
(a) A person intentionally obtains property from anyone upon an agreement, or subject to a known legal obligation, to make specified payment or other disposition, whether from the property or its proceeds or from the person's own property reserved in equivalent amount, and deals with the property as the person's own and fails to make the required payment or disposition. It does not matter that it is impossible to identify particular property as belonging to the victim at the time of the defendant's failure to make the required payment or disposition. A person's status as an officer or employee of the government or a financial institution is prima facie evidence that the person knows the person's legal obligations with respect to making payments and other dispositions. If the officer or employee fails to pay or account upon lawful demand, or if an audit reveals a falsification of accounts, it shall be prima facie evidence that the officer or employee has intentionally dealt with the property as the officer's or employee's own.
(b) A person obtains personal services from an employee upon agreement or subject to a known legal obligation to make a payment or other disposition of funds to a third person on account of the employment, and the person intentionally fails to make the payment or disposition at the proper time.
(7) Receiving stolen property. A person intentionally receives, retains, or disposes of the property of another, knowing that it has been stolen, with intent to deprive the owner of the property. It is prima facie evidence that a person knows the property to have been stolen if, being a dealer in property of the sort received, the person acquires the property for a consideration that the person knows is far below its reasonable value.
(8) Shoplifting.
(a) A person conceals or takes possession of the goods or merchandise of any store or retail establishment, with intent to defraud.
(b) A person alters the price tag or other price marking on goods or merchandise of any store or retail establishment, with intent to defraud.
(c) A person transfers the goods or merchandise of any store or retail establishment from one container to another, with intent to defraud.
The unaltered price or name tag or other marking on goods or merchandise, duly identified photographs or photocopies thereof, or printed register receipts shall be prima facie evidence of value and ownership of such goods or merchandise. Photographs of the goods or merchandise involved, duly identified in writing by the arresting police officer as accurately representing such goods or merchandise, shall be deemed competent evidence of the goods or merchandise involved and shall be admissible in any proceedings, hearings, and trials for shoplifting to the same extent as the goods or merchandise themselves.
[L 1972, c 9, pt of §1 and c 102, §2; am L 1974, c 39, §1; am L 1979, c 106, §5; gen ch 1993; am L 2001, c 87, §1; am L 2006, c 230, §37]
(1) A person commits the offense of theft in the first degree if the person commits theft of:
(a) Property or services, the value of which exceeds $20,000;
(b) A firearm;
(c) Dynamite or other explosive;
(d) Property or services during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A, within the area covered by the emergency or disaster under chapter 127A, the value of which exceeds $300;
(e) Property from the person of another who is sixty years of age or older and the age of the property owner is known or reasonably should be known to the person who commits theft;
(f) Property or services, the value of which exceeds $750, from a person who is sixty years of age or older and the age of the property owner is known or reasonably should be known to the person who commits theft; or
(g) A motor vehicle or motorcycle as defined in section 291C-1.
(2) Theft in the first degree is a class B felony.
[L 1986, c 314, §63; am L 1992, c 289, §1; am L 1993, c 14, §1; am L 2006, c 116, §6; am L 2014, c 111, §20; am L 2021, c 147, §4; am L 2022, c 54, §2]
(1) A person commits the offense of theft in the second degree if the person commits theft of:
(a) Property from the person of another;
(b) Property or services the value of which exceeds $750;
(c) An aquacultural product or part thereof from premises that are fenced or enclosed in a manner designed to exclude intruders or there is prominently displayed on the premises a sign or signs sufficient to give notice and reading as follows: "Private Property", "No Trespassing", or a substantially similar message;
(d) Agricultural equipment, supplies, or products, or part thereof, the value of which exceeds $100 but does not exceed $20,000, or of agricultural products that exceed twenty-five pounds, from premises that are fenced, enclosed, or secured in a manner designed to exclude intruders or where there is prominently displayed on the premises a sign or signs sufficient to give notice and reading as follows: "Private Property", "No Trespassing", or a substantially similar message; or if at the point of entry of the premises, a crop is visible. The sign or signs, containing letters no less than two inches in height, shall be placed along the boundary line of the land in a manner and in such a position as to be clearly noticeable from outside the boundary line. Possession of agricultural products without ownership and movement certificates, when a certificate is required pursuant to chapter 145, is prima facie evidence that the products are or have been stolen;
(e) Agricultural commodities that are generally known to be marketed for commercial purposes. Possession of agricultural commodities without ownership and movement certificates, when a certificate is required pursuant to section 145-22, is prima facie evidence that the products are or have been stolen; provided that "agricultural commodities" has the same meaning as in section 145-21;
(f) Property commonly used to store items of monetary value, including but not limited to any purse, handbag, or wallet;
(g) Property or services, the value of which exceeds $250, from a person who is sixty years of age or older and the age of the property owner is known or reasonably should be known to the person who commits theft; or
(h) An electric gun as defined in section 134-81.
(2) Theft in the second degree is a class C felony. A person convicted of committing the offense of theft in the second degree under subsection (1)(c) and (d) shall be sentenced in accordance with chapter 706, except that for the first offense, the court may impose a minimum sentence of a fine of at least $1,000 or two-fold damages sustained by the victim, whichever is greater.
[L 1972, c 9, pt of §1 and c 102, §1; am L 1974, c 201, §1; am L 1975, c 158, §1; am L 1979, c 106, §6; am L 1981, c 68, §1; am L 1986, c 314, §64; am L 1987, c 176, §2; am L 1990, c 28, §3; am L 1992, c 54, §2 and c 289, §2; am L 1993, c 218, §3; am L 1998, c 228, §1; am L 2005, c 182, §3; am L 2006, c 156, §6; am L 2012, c 125, §6; am L 2016, c 231, §37; am L 2021, c 5, §2 and c 147, §5; am L 2022, c 52, §2]
(1) A person commits the offense of theft in the third degree if the person commits theft:
(a) Of property or services the value of which exceeds $250; or
(b) Of gasoline, diesel fuel, or other related petroleum products used as propellants of any value not exceeding $750.
(2) Theft in the third degree is a misdemeanor.
[L 1972, c 9, pt of §1; am L 1974, c 201, §2 and c 242, §2; am L 1979, c 106, §7; am L 1986, c 314, §65; am L 2006, c 230, §38; am L 2016, c 231, §38]
(1) A person commits the offense of theft in the fourth degree if the person commits theft of property or services of any value not in excess of $250.
(2) Theft in the fourth degree is a petty misdemeanor.
[L 1972, c 9, pt of §1; am L 1986, c 314, §66; am L 2016, c 231, §39]
A person convicted of committing theft by means of shoplifting as defined in section 708-830 shall be sentenced to the following minimum fines:
(1) In cases involving a class C felony, the minimum fine shall be four times the value or aggregate value of the property involved;
(2) In cases involving a misdemeanor, the minimum fine shall be three times the value or aggregate value of the property involved;
(3) In cases involving a petty misdemeanor, the minimum fine shall be twice the value or aggregate value of the property involved;
(4) If a person has previously been convicted of committing theft by means of shoplifting as defined in section 708-830, the minimum fine shall be doubled that specified in paragraphs (1), (2), and (3), respectively, as set forth above; provided in the event the convicted person defaults in payment of any fine, and the default was not contumacious, the court may sentence the person to community services as authorized by section 706-605(1)(d).
[L 1979, c 202, §2; am L 1982, c 233, §1; am L 1986, c 314, §67; am L 2016, c 231, §40]
(1) It is a defense to a prosecution for theft that the defendant:
(a) Was unaware that the property or service was that of another; or
(b) Believed that the defendant was entitled to the property or services under a claim of right or that the defendant was authorized, by the owner or by law, to obtain or exert control as the defendant did.
(2) If the owner of the property is the defendant's spouse or reciprocal beneficiary, it is a defense to a prosecution for theft of property that:
(a) The property which is obtained or over which unauthorized control is exerted constitutes household belongings; and
(b) The defendant and the defendant's spouse or reciprocal beneficiary were living together at the time of the conduct.
(3) "Household belongings" means furniture, personal effects, vehicles, money or its equivalent in amounts customarily used for household purposes, and other property usually found in and about the common dwelling and accessible to its occupants.
(4) In a prosecution for theft, it is not a defense that the defendant has an interest in the property if the owner has an interest in the property to which the defendant is not entitled.
[L 1972, c 9, pt of §1; am L 1979, c 106, §8; am L 1980, c 232, §41; gen ch 1993; am L 1997, c 383, §69]
A charge of an offense of theft in any degree may be proved by evidence that it was committed in any manner that would be theft under section 708-830, notwithstanding the specification of a different manner in the indictment, information, or other charge, subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.
[L 1972, c 9, pt of §1]
(1) A person commits the offense of unauthorized operation of a recording device in a motion picture theater if the person knowingly operates the audiovisual recording function of any device in a motion picture theater while a motion picture is being exhibited, without the consent of the motion picture theater owner.
(2) This section shall not prevent any lawfully authorized investigative, protective, law enforcement, or intelligence-gathering employee or agent of the local, state, or federal government, from operating any audiovisual recording device in a motion picture theater as part of lawfully authorized investigative, protective, law enforcement, or intelligence-gathering activities.
(3) Unauthorized operation of a recording device in a motion picture theater is a misdemeanor.
(4) For the purposes of this section:
"Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology.
"Motion picture theater" means a movie theater, screening room, or other venue in use primarily for the exhibition of a motion picture at the time of the offense.
[L 2005, c 59, §1]
(1) A person commits the offense of theft of livestock if the person commits theft by:
(a) Having in the person's possession a live animal of the bovine, equine, swine, sheep, or goat species, or its carcass or meat, while in or upon premises that the person knowingly entered or remained unlawfully in or upon, and that are fenced or enclosed in a manner designed to exclude intruders; or
(b) Having in the person's possession a live animal, carcass, or meat in any other location.
(2) Possession of livestock without a livestock ownership and movement certificate, when a certificate is required pursuant to section 142-49, is prima facie evidence that the livestock is or has been stolen.
(3) Theft of livestock is a class C felony.
(4) A person convicted of committing the offense of theft of livestock shall be sentenced in accordance with chapter 706, except that for a first offense the court shall impose a minimum sentence of a fine of at least $1,000 or restitution, whichever is greater.
[L 1990, c 28, §1; am L 2005, c 182, §4; am L 2006, c 230, §39]
(1) Whenever a person is sentenced under sections 708-830.5, 708‑831, 708-832, or 708‑833, for an offense involving theft of an agricultural product or commodity, in addition to any penalty prescribed by those sections, the person shall be required to make payment to the property owner for:
(a) The value of the stolen agricultural product or commodity, pursuant to section 706-646; and
(b) The cost of replanting the agricultural product or commodity.
(2) For purposes of this section, "agricultural product or commodity" includes:
(a) Floricultural, horticultural, viticultural, aquacultural, forestry products or commodities; and
(b) Shrubbery, nuts, coffee, seeds, and other farm or plantation products or commodities,
whether for personal or commercial use.
[L 2012, c 125, §1]
(1) A person commits the offense of telemarketing fraud if, with intent to defraud or misrepresent, that person obtains or attempts to obtain the transfer of possession, control, or ownership of the property of another through communications conducted at least in part by telephone and involving direct or implied claims that the person contacted:
(a) Will or is about to receive anything of value; or
(b) May be able to recover any losses suffered by the person contacted in connection with a prize promotion.
(2) Telemarketing fraud is a class B felony. In addition, any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit telemarketing fraud, or that facilitated or assisted this activity, shall be forfeited subject to chapter 712A.
(3) For purposes of this section, "telemarketing" means a plan, program, or campaign, including a prize promotion or investment opportunity, that:
(a) Is conducted to include the purchase of goods or services or to solicit funds or contributions by use of one or more telephones; and
(b) Involves more than one telephone call.
[L 2001, c 277, §1]
(1)A person commits the offense of fraud if, with the intent to defraud, the person executes or attempts to execute any scheme or artifice to defraud or for the purpose of obtaining money or property by means of false or fraudulent pretenses, representations, or promises.
(2) For purposes of this section, "scheme or artifice to defraud" includes a scheme or artifice to deprive another of the intangible right of honest services.
(3) Fraud shall be a class B felony.
[L 2023, c 131, §2]
(1) A person commits the offense of theft of copper if the person commits theft of copper that weighs a pound or more, but not including legal tender of the United States.
(2) Theft of copper is a class C felony.
[L 2007, c 197, §§2, 7; am L 2009, c 44, §1]
(1) A person commits the offense of theft of beer keg if the person commits theft of a beer keg.
(2) For the purposes of this section, "beer keg" means a metal container used to hold five gallons or more of liquid that is stamped, engraved, stenciled, or otherwise marked with the name of a brewery manufacturer; provided that a deposit beverage container, as defined under section 342G-101, shall not be considered a beer keg.
(3) Theft of beer keg is a misdemeanor.
[L 2008, c 53, §§1, 6; am L 2009, c 44, §2]
(1) A person commits the offense of theft of urn if the person:
(a) Obtains an urn through any means described in section 708-830; or
(b) Violates section 445-233 in regard to an urn.
(2) For the purposes of this section, "urn" means a container that is or has been used to hold human ashes.
(3) Theft of urn is a class C felony.
[L 2016, c 199, §1]
(1) A person commits the offense of unauthorized control of a propelled vehicle in the first degree if the person intentionally or knowingly exerts unauthorized control over another's propelled vehicle by operating the propelled vehicle without the owner's consent or by changing the identity of the propelled vehicle without the owner's consent.
(2) It is an affirmative defense to a prosecution under this section that the defendant:
(a) Received authorization to use the propelled vehicle from an agent of the owner where the agent had actual or apparent authority to authorize the use;
(b) Is a lien holder or legal owner of the propelled vehicle, or an authorized agent of the lien holder or legal owner, engaged in the lawful repossession of the propelled vehicle; or
(c) Purchased the vehicle and reasonably believed oneself to be the actual owner of the vehicle.
(3) For the purposes of this section:
"Owner" means the registered owner of the propelled vehicle or the unrecorded owner of the propelled vehicle pending transfer of ownership; provided that if there is no registered owner of the propelled vehicle or unrecorded owner of the propelled vehicle pending transfer of ownership, "owner" means the legal owner.
"Propelled vehicle" means an automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle.
(4) Unauthorized control of a propelled vehicle in the first degree is a class C felony.
[L 1972, c 9, pt of §1; am L 1974, c 38, §1; gen ch 1993; am L 1996, c 195, §2; am L 1999, c 11, §1; am L 2001, c 87, §2; am L 2021, c 6, §3; am L 2022, c 53, §2]
(1) A person commits the offense of unauthorized control of a propelled vehicle in the second degree if the person recklessly or negligently exerts unauthorized control over another's propelled vehicle by operating the propelled vehicle without the owner's consent or by changing the identity of the propelled vehicle without the owner's consent.
(2) It is an affirmative defense to a prosecution under this section that the defendant:
(a) Received authorization to use the propelled vehicle from an agent of the owner where the agent had actual or apparent authority to authorize the use;
(b) Is a lien holder or legal owner of the propelled vehicle, or an authorized agent of the lien holder or legal owner, engaged in the lawful repossession of the propelled vehicle; or
(c) Purchased the vehicle and reasonably believed oneself to be the actual owner of the vehicle.
(3) For the purposes of this section:
"Owner" means the registered owner of the propelled vehicle or the unrecorded owner of the propelled vehicle pending transfer of ownership; provided that if there is no registered owner of the propelled vehicle or unrecorded owner of the propelled vehicle pending transfer of ownership, "owner" means the legal owner.
"Propelled vehicle" shall have the same meaning as in section 708-836.
(4) Unauthorized control of a propelled vehicle in the second degree is a misdemeanor.
[L 2021, c 6, §2; am L 2022, c 53, §3]
(1) A person commits the offense of unauthorized entry into motor vehicle in the first degree if the person intentionally or knowingly enters or remains unlawfully in a motor vehicle, without being invited, licensed, or otherwise authorized to enter or remain within the vehicle, with the intent to commit a crime against a person or against property rights.
(2) Unauthorized entry into motor vehicle in the first degree is a class C felony.
[L 1996, c 87, §2; am L 2006, c 230, §40]
(1) A person commits the offense of unauthorized entry into a motor vehicle in the second degree if the person intentionally or knowingly enters into a motor vehicle without being invited, licensed, or otherwise authorized to do so.
(2) Unauthorized entry into a motor vehicle in the second degree is a misdemeanor.
[L 2006, c 230, §3]
(1) A person commits the offense of theft of catalytic converter if the person commits theft of a catalytic converter.
(2) For the purposes of this section, "catalytic converter" shall have the same meaning as that term is defined in section 289-1.
(3) Theft of catalytic converter is a class C felony.
[L 2022, c 88, §3]
[(1)] A person commits the offense of failure to return a rental motor vehicle when he intentionally does not return the motor vehicle to the person, or his agent, from whom the vehicle was rented within forty-eight hours after the time stated on the rental agreement, unless the person renting the vehicle gives notice that he will not be able to return the vehicle in the stated time and extends the time in which the vehicle will be returned.
[(2)] Failure to return a rental motor vehicle is a misdemeanor.
[L 1973, c 63, §1]
[(1)] A person commits the offense of failure to return leased or rented personal property other than a rental motor vehicle, when he knowingly or intentionally does not return the leased or rented personal property to the person, or his agent, from whom the personal property was leased or rented within fourteen days after the return date stated in the lease or rental contract, unless the person leasing or renting the personal property gives notice that he will not be able to return the leased or rented personal property by the date stated and with the permission of the owner of the property or his agent extends the date by which the personal property will be returned.
[(2)] Failure to return leased or rented personal property is a petty misdemeanor.
[L 1980, c 171, §6]
A person commits the offense of removal of identification marks if
(1) The person defaces, erases, or otherwise alters any serial number or identification mark placed or inscribed by the manufacturer, or
(2) The person knowingly, to conceal the true ownership of the property of another, defaces, erases, or otherwise alters any serial number or identification mark placed or inscribed
on any bicycle, movable or immovable construction tool or equipment, appliance, merchandise, or other article for the purpose of identifying the bicycle, movable or immovable tool or equipment, appliance, merchandise or other article or its component parts, with a value of more than $50. A person removes identification marks if the person attempts to or succeeds in erasing, defacing, altering, or removing a serial number or identification mark or part thereof, on the property of another.
Removal of identification marks is a misdemeanor.
[L 1973, c 72, pt of §2; am L 1977, c 27, §1]
It shall be unlawful for any person to possess any bicycle, movable construction tool or equipment, appliance, merchandise, or other article, or any part thereof
(1) Where the serial number or identification mark placed on the same by the manufacturer for the purpose of identification, or
(2) Knowing the serial number or identification mark placed on the same for the purpose of identification,
has been erased, altered, changed or removed for the purpose of changing the identity of the foregoing items.
Unlawful possession is a misdemeanor.
[L 1973, c 72, pt of §2; am L 1977, c 27, §2]
[§708-839.5] Theft of utility services. (1) For purposes of this section:
"Customer" means the person in whose name the utility service is provided.
"Divert" means to change the intended course or path of utility services without the authorization or consent of the utility.
"Person" means any individual, partnership, firm, association, corporation, or other legal entity.
"Reconnection" means the reconnection of utility service by a customer or other person after service has been lawfully disconnected by the utility.
"Utility" means any public utility as defined in section 269-1, that provides electricity, gas, or water services.
"Utility service" means the provision of electricity, gas, water, or any other service provided by the utility for compensation.
(2) A person commits the offense of theft of utility services if the person, with intent to obtain utility services for the person's own or another's use without paying the full lawful charge therefor, or with intent to deprive any utility of any part of the full lawful charge for utility services it provides, commits, authorizes, solicits, aids, or abets any of the following:
(a) Diverts, or causes to be diverted utility services, by any means whatsoever;
(b) Prevents any utility meter, or other device used in determining the charge for utility services, from accurately performing its measuring function;
(c) Makes or causes to be made any connection or reconnection with property owned or used by the utility to provide utility services, without the authorization or consent of the utility; or
(d) Uses or receives the direct benefit of all or a portion of utility services with knowledge or reason to believe that a diversion, prevention of accurate measuring function, or unauthorized connection existed at the time of use or that the use or receipt was otherwise without the authorization or consent of the utility.
(3) In any prosecution under this section, the presence of any of the following objects, circumstances, or conditions on premises controlled by the customer, or by the person using or receiving the direct benefit of all or a portion of utility services obtained in violation of this section, shall create a rebuttable presumption that the customer or person intended to and did violate this section:
(a) Any instrument, apparatus, or device primarily designed to be used to obtain utility services without paying the full lawful charge therefor; or
(b) Any meter that has been diverted or prevented from accurately performing its measuring function so as to cause no measurement or inaccurate measurement of utility services.
(4) A person commits the offense of theft of utility services in the first degree in cases where the theft:
(a) Accrues to the benefit of any commercial trade or business, including any commercial trade or business operating in a residence, home, or dwelling;
(b) Is obtained through the services of a person hired to commit the theft of utility services; in which event, both the person hired and the person responsible for the hiring shall be punished under this section as a class C felony; or
(c) Accrues to the benefit of a residence, home, or dwelling where the value of the theft of utility services exceeds $750.
Theft of utility services in the first degree is a class C felony, and shall be sentenced in accordance with chapter 706, except that for a first offense the court shall impose a minimum sentence of a fine of at least $1,000 or two times the value of the theft, whichever is greater.
(5) A person commits theft of utility services in the second degree if the person commits theft of utility services other than as provided in subsection (4). Theft of utility services in the second degree is a misdemeanor and shall be sentenced in accordance with chapter 706, except that for a first offense the court shall impose a minimum sentence of a fine of $500, with an increase of $500 for each succeeding conviction under this subsection.
[L 1996, c 256, §2; am L 2016, c 231, §41]
(1) A person commits the offense of unauthorized possession of confidential personal information if that person intentionally or knowingly possesses, without authorization, any confidential personal information of another in any form, including but not limited to mail, physical documents, identification cards, or information stored in digital form.
(2) It is an affirmative defense that the person who possessed the confidential personal information of another did so under the reasonable belief that the person in possession was authorized by law or by the consent of the other person to possess the confidential personal information.
(3) Unauthorized possession of confidential personal information is a class C felony.
[L 2006, c 139, §2]
(1) A person commits the offense of identity theft in the first degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to:
(a) Facilitate the commission of a murder in any degree, a class A felony, kidnapping, unlawful imprisonment in any degree, extortion in any degree, any offense under chapter 134, criminal property damage in the first or second degree, escape in any degree, any offense under part VI of chapter 710, any offense under section 711-1103, or any offense under chapter 842; or
(b) Commit the offense of theft in the first degree from the person whose personal information is used, or from any other person or entity.
(2) Identity theft in the first degree is a class A felony.
[L 2002, c 224, pt of §1]
[§708-839.7] Identity theft in the second degree. (1) A person commits the offense of identity theft in the second degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to commit the offense of theft in the second degree from any person or entity.
(2) Identity theft in the second degree is a class B felony.
[L 2002, c 224, pt of §1]
[§708-839.8] Identity theft in the third degree. (1) A person commits the offense of identity theft in the third degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to commit the offense of theft in the third or fourth degree from any person or entity.
(2) Identity theft in the third degree is a class C felony.
[L 2002, c 224, pt of §1]
(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]
(1) A person commits the offense of robbery in the first degree if, in the course of committing theft or non-consensual taking of a motor vehicle:
(a) The person attempts to kill another or intentionally or knowingly inflicts or attempts to inflict serious bodily injury upon another;
(b) The person is armed with a dangerous instrument, an electric gun, or a simulated firearm and:
(i) The person uses force against the person of anyone present with intent to overcome that person's physical resistance or physical power of resistance; or
(ii) The person threatens the imminent use of force against the person of anyone present with intent to compel acquiescence to the taking of or escaping with the property;
(c) The person uses force against the person of anyone present with the intent to overcome that person's physical resistance or physical power of resistance during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A, within the area covered by the emergency or disaster; or
(d) The person threatens the imminent use of force against the person of anyone present with intent to compel acquiescence to the taking of or escaping with the property during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A, within the area covered by the emergency or disaster.
(2) As used in this section:
"Dangerous instrument" means any firearm, whether loaded or not, and whether operable or not, or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or threatened to be used is capable of producing death or serious bodily injury.
"Electric gun" shall have the same meaning as in section 134-81.
"Simulated firearm" means any object that:
(a) Substantially resembles a firearm;
(b) Can reasonably be perceived to be a firearm; or
(c) Is used or brandished as a firearm.
(3) Robbery in the first degree is a class A felony.
[L 1972, c 9, pt of §1; am L 1983, c 68, §1; am L 1986, c 314, §68; gen ch 1993; am L 1998, c 68, §1; am L 2006, c 116, §7 and c 230, §41; am L 2013, c 255, §2; am L 2014, c 111, §21; am L 2022, c 51, §2]
(1) A person commits the offense of robbery in the second degree if, in the course of committing theft or non-consensual taking of a motor vehicle:
(a) The person uses force against the person of anyone present with the intent to overcome that person's physical resistance or physical power of resistance;
(b) The person threatens the imminent use of force against the person of anyone who is present with intent to compel acquiescence to the taking of or escaping with the property; or
(c) The person recklessly inflicts serious bodily injury upon another.
(2) Robbery in the second degree is a class B felony.
[L 1972, c 9, pt of §1; am L 1983, c 68, §2; am L 1986, c 314, §69; gen ch 1993; am L 2006, c 230, §42]
An act shall be deemed "in the course of committing a theft or non-consensual taking of a motor vehicle" if it occurs in an attempt to commit theft or non-consensual taking of a motor vehicle, in the commission of theft or non-consensual taking of a motor vehicle, or in the flight after the attempt or commission.
[L 1972, c 9, pt of §1; am L 2006, c 230, §43]
In this part, unless a different meaning plainly is required:
"Complete written instrument" means a written instrument which purports to be genuine and fully drawn with respect to every essential feature thereof.
"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.
"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.
"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.
"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.
"Forged instrument" means a written instrument which has been falsely made, completed, endorsed, or altered.
"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.
"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.
"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.
"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.
[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]
(1) A person commits the offense of forgery in the first degree if, with intent to defraud, the person falsely makes, completes, endorses, or alters a written instrument, or utters a forged instrument, or fraudulently encodes the magnetic ink character recognition numbers, which is or purports to be, or which is calculated to become or to represent if completed:
(a) Part of an issue of stamps, securities, or other valuable instruments issued by a government or governmental agency;
(b) Part of an issue of stock, bonds, or other instruments representing interests in or claims against a corporate or other organization or its property; or
(c) All or part of a deed, will, codicil, contract, assignment, commercial instrument, or other instrument which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status and:
(i) The purported maker or drawer of the written instrument or forged instrument is a person who is sixty years of age or older; and
(ii) The age of the purported maker or drawer of the written instrument or forged instrument is known or reasonably should be known to the person who falsely makes, completes, endorses, or alters the instrument; utters the forged instrument; or fraudulently encodes the magnetic ink character recognition numbers of the instrument.
(2) Forgery in the first degree is a class B felony.
[L 1972, c 9, pt of §1; am L 1988, c 155, §2; gen ch 1992; am L 1997, c 243, §2; am L 2021, c 147, §6]
(1) A person commits the offense of forgery in the second degree if, with intent to defraud, the person:
(a) Falsely makes, completes, endorses, or alters a written instrument, or utters a forged instrument, or fraudulently encodes the magnetic ink character recognition numbers, which is or purports to be, or which is calculated to become or to represent if completed, a deed, will, codicil, contract, assignment, commercial instrument, or other instrument which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status; or
(b) Falsely makes, completes, endorses, or alters a written instrument, or utters a forged instrument; and:
(i) The purported maker or drawer of the written instrument or forged instrument is a person who is sixty years of age or older; and
(ii) The age of purported maker or drawer of the written instrument or forged instrument is known or reasonably should be known to the person who falsely makes, completes, endorses, or alters a written instrument; or utters a forged instrument.
(2) Forgery in the second degree is a class C felony.
[L 1972, c 9, pt of §1; am L 1988, c 155, §3; gen ch 1992; am L 1997, c 243, §3; am L 2021, c 147, §7]
(1) A person commits the offense of forgery in the third degree if, with intent to defraud, the person falsely makes, completes, endorses, or alters a written instrument, or utters a forged instrument.
(2) Forgery in the third degree is a misdemeanor.
[L 1972, c 9, pt of §1; am L 1988, c 155, §4; gen ch 1992]
(1) A person commits the offense of criminal possession of a forgery device if:
(a) The person makes or possesses with knowledge of its character any plate, die, or other device, apparatus, equipment, or article specifically designed or adapted for use in forging written instruments; or
(b) The person makes or possesses any device, apparatus, equipment, or article capable of or adaptable to use in forging written instruments with intent to use it oneself, or to aid or permit another to use it, for purposes of forgery.
(2) Criminal possession of a forgery device is a class C felony.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) A person commits the offense of criminal simulation if, with intent to defraud, the person makes, alters, or utters any object, so that it appears to have an antiquity, rarity, source, or authorship that it does not in fact possess.
(2) In subsection (1), "utter" means to offer, whether accepted or not, an object with representation by acts or words, oral or in writing, relating to its antiquity, rarity, source, or authorship.
(3) Criminal simulation is a misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) A person commits the offense of obtaining a signature by deception if, with intent to defraud, the person:
(a) Causes another, by deception, to sign or execute a written instrument; or
(b) Utters the written instrument specified in [paragraph] (a).
(2) Obtaining a signature by deception is a misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) A person commits the offense of negotiating a worthless negotiable instrument if that person intentionally issues or negotiates a negotiable instrument knowing that it will not be honored by the maker or drawee.
(2) For the purpose of this section, as well as in any prosecution for theft committed by means of a worthless negotiable instrument, either of the following shall be prima facie evidence that the drawer knew that the negotiable instrument would not be honored upon presentation:
(a) The drawer had no account with the drawee at the time the negotiable instrument was negotiated; or
(b) Payment was refused by the drawee for lack of funds upon presentation within thirty days after date or issue, whichever is later, and the drawer failed to make good within ten days after actual receipt of a notice of dishonor, as defined in section 490:3-503.
(3) The definitions of the following terms shall apply to this section:
"Issue" as defined in section 490:3-105.
"Negotiable instrument" as defined in section 490:3-104.
"Negotiation" as defined in section 490:3-201.
(4) Negotiating a worthless negotiable instrument is a misdemeanor.
[L 1972, c 9, pt of §1; am L 1993, c 33, §2]
(1) A person commits the offense of suppressing a testamentary instrument if, with intent to defraud, the person destroys, removes, or conceals any will, codicil, or other testamentary instrument.
(2) A person commits the offense of suppressing a recordable instrument if, with intent to defraud, the person destroys, removes, or conceals any deed, mortgage, security instrument, or other written instrument for which the law provides public recording.
(3) Each offense defined in this section is a class C felony.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) A person commits the offense of deceptive business practices if in the course of engaging in a business, occupation, or profession the person knowingly or recklessly:
(a) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;
(b) Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service;
(c) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer the person furnishes the weight or measure;
(d) Sells or offers for sale adulterated commodities; or
(e) Sells or offers or exposes for sale mislabeled commodities.
(2) "Adulterated" means varying from the standard of composition or quality prescribed by statute or lawfully promulgated administrative regulation, or if none, as set by established commercial usage.
(3) "Mislabeled" means:
(a) Varying from the standard of truth or disclosure in labeling prescribed by statute or lawfully promulgated administrative regulation, or if none, as set by established commercial usage; or
(b) Represented as being another person's product, though otherwise labeled accurately as to quality and quantity.
(4) Deceptive business practices is a misdemeanor.
(5) This section does not apply to deceptive business practices, as defined in subsection (1), for which a specific penalty is provided by a statute other than this Code.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) A person commits the offense of false advertising if, in connection with the promotion of the sale of property or services, the person knowingly or recklessly makes or causes to be made a false or misleading statement in any advertisement addressed to the public or to a substantial number of persons.
(2) "Misleading statement" includes an offer to sell property or services if the offeror does not intend to sell or provide the advertised property or services:
(a) At the price equal to or lower than the price offered;
(b) In a quantity sufficient to meet the reasonably-expected public demand, unless quantity is specifically stated in the advertisement; or
(c) At all.
(3) False advertising is a misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) A person commits the offense of false labeling of Hawaii-grown coffee if the person knowingly transports, distributes, advertises, sells, or possesses with the intent to sell Hawaii-grown green coffee, cherry coffee, parchment coffee, or roasted coffee that is falsely labeled with regard to the geographic origin of the Hawaii-grown coffee.
(2) For the purposes of this section:
"Cherry coffee" means the unprocessed fruit of the coffee plant.
"Geographic origin" means the geographic areas designated as follows:
(a) Hamakua is the Hamakua district on the island of Hawaii, as designated by the State of Hawaii tax map;
(b) Hawaii is the State of Hawaii;
(c) Kau is the Kau district on the island of Hawaii, as designated by the State of Hawaii tax map;
(d) Kauai is the island of Kauai;
(e) Kona is the north Kona and south Kona districts on the island of Hawaii, as designated by the State of Hawaii tax map;
(f) Maui is the island of Maui;
(g) Molokai is the island of Molokai; and
(h) Oahu is the island of Oahu.
"Green coffee" means the agricultural commodity comprised of green coffee beans.
"Parchment coffee" means the dried product that remains when coffee cherries are processed by removing the coffee seeds from the pulp.
"Roasted coffee" means a product that results from heating the cherry coffee seeds to augment aroma and flavor.
(3) False labeling of Hawaii-grown coffee is a class C felony. In addition to any penalties imposed pursuant to section 706-605, the court shall impose on any defendant convicted of false labeling of Hawaii-grown coffee a mandatory minimum fine of $7,500 for each separate offense. Each act of false labeling of Hawaii-grown coffee shall constitute a distinct and separate offense. The mandatory minimum fine imposed shall not be suspended or waived.
[L 2012, c 328, §1; am L 2025, c 126, §2]
(1) A person commits the offense of falsifying business records if, with intent to defraud, the person:
(a) Makes or causes a false entry in the business records of an enterprise;
(b) Alters, erases, obliterates, deletes, removes, or destroys a true entry in the business records of an enterprise;
(c) Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which the person knows to be imposed upon the person by law, other than for the information of the government, or by the nature of the person's position; or
(d) Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.
(2) For purposes of this section:
"Business record" means any record kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity.
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
"Enterprise" means any entity of one or more persons, corporate or otherwise, engaged in business, commercial, professional, industrial, eleemosynary, or social activity.
"Information" includes data, text, images, sounds, codes, computer programs, software, or databases.
"Record" means information that is written or printed, or that is stored in an electronic or other medium and is retrievable in a perceivable form.
(3) Falsifying business records is a misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993; am L 2014, c 33, §1]
(1) A person commits the offense of defrauding secured creditors if the person destroys, removes, conceals, encumbers, transfers, or otherwise deals with property subject to a security interest with intent to hinder enforcement of that interest.
(2) Defrauding secured creditors is a misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) A person commits the offense of misapplication of entrusted property if, with knowledge that he is misapplying property and that the misapplication involves substantial risk of loss or detriment to the owner of the property or to a person for whose benefit the property was entrusted, he misapplies or disposes of property that has been entrusted to him as a fiduciary or that is property of the government or a financial institution.
(2) "Fiduciary" includes a trustee, guardian, personal representative, receiver, or any other person acting in a fiduciary capacity, or any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary.
(3) To "misapply property" means to deal with the property contrary to law or governmental regulation relating to the custody or disposition of that property; "governmental regulation" includes administrative and judicial rules and orders as well as statutes and ordinances.
(4) Misapplication of property is a misdemeanor.
[L 1972, c 9, pt of §1; am L 1976, c 200, pt of §1]
(1) A person commits the offense of trademark counterfeiting who knowingly manufactures, produces, displays, advertises, distributes, offers for sale, sells, or possesses with the intent to sell or distribute any item bearing or identified by a counterfeit mark, knowing that the mark is counterfeit.
(2) As used in this section:
"Counterfeit mark" means any spurious mark that is identical to or confusingly similar to any print, label, trademark, service mark, or trade name registered in accordance with chapter 482 or registered on the Principal Register of the United States Patent and Trademark Office.
"Sale" includes resale.
(3) Trademark counterfeiting is a class C felony.
(4) In any action brought under this section resulting in a conviction or a plea of nolo contendere, the court shall order the forfeiture and destruction of all counterfeit marks and the forfeiture and destruction or other disposition of all items bearing a counterfeit mark, and all personal property, including any items, objects, tools, machines, equipment, instrumentalities, or vehicles of any kind, employed or used in connection with a violation of this section, in accordance with the procedures set forth in chapter 712A.
[L 1997, c 277, §1]
(1) A person commits the offense of commercial bribery if:
(a) He confers or offers or agrees to confer, directly or indirectly, any benefit upon:
(i) An agent with intent to influence the agent to act contrary to a duty to which, as an agent, he is subject; or
(ii) An appraiser with intent to influence the appraiser in his selection, appraisal, or criticism; or
(b) Being an agent, an appraiser, or agent in charge of employment, he solicits, accepts, or agrees to accept, directly or indirectly, any benefit from another person with intent:
(i) In the case of an agent, that he will thereby be influenced to act contrary to a duty to which, as an agent, he is subject;
(ii) In the case of an appraiser, that he will thereby be influenced in his selection, appraisal, or criticism; or
(iii) In the case of an agent in charge of employment, that he will thereby be influenced in the exercise of his discretion or power with respect to hiring someone, or retaining someone in employment, or discharging or suspending someone from employment.
(2) In this section:
"Agent" means:
(a) An agent or employee of another;
(b) A trustee, guardian, or other fiduciary;
(c) A lawyer, physician, accountant, appraiser, or other professional adviser or informant;
(d) An officer, director, partner, manager, or other participant in the direction of the affairs of an incorporated or unincorporated association; or
(e) An arbitrator or other purportedly disinterested adjudicator or referee.
"Agent in charge of employment" does not include any person conducting a private employment agency licensed and operating in accordance with law.
"Appraiser" means a person who holds oneself out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of commodities or services.
(3) Commercial bribery is a misdemeanor, except in the event that the value of the benefit referred to in subsection (1) exceeds $1,000, in which case commercial bribery shall be a class C felony.
[L 1972, c 9, pt of §1; am L 1979, c 173, §1; am L 2015, c 35, §26]
(1) A person commits the offense of tampering with a publicly-exhibited contest if:
(a) He confers, or offers or agrees to confer, directly or indirectly, any benefit upon:
(i) A contest participant with intent to influence him not to give his best efforts in a publicly-exhibited contest; or
(ii) A contest official with intent to influence him to perform improperly his duties in connection with a publicly-exhibited contest;
(b) Being a contest participant or contest official, he intentionally solicits, accepts, or agrees to accept, directly or indirectly, any benefit from another person with intent that he will thereby be influenced:
(i) In the case of a contest participant, not to give his best efforts in a publicly-exhibited contest; or
(ii) In the case of a contest official, to perform improperly his duties in connection with a publicly-exhibited contest; or
(c) With intent to influence the outcome of a publicly-exhibited contest he:
(i) Tampers with any contest participant, contest official, animal, equipment, or other thing involved in the conduct or operation of the contest, in a manner contrary to the rules and usages purporting to govern the contest in question; or
(ii) Substitutes a contest participant, animal, equipment, or other thing involved in the conduct or operation of the contest, for the genuine person, animal, or thing.
(2) In this section:
"Contest official" means any person who acts or expects to act in a publicly-exhibited contest as an umpire, referee, or judge, or otherwise to officiate at a publicly-exhibited contest.
"Contest participant" means any person who participates or expects to participate in a publicly-exhibited contest as a player, contestant, or member of a team, or as a coach, manager, trainer, or other person directly associated with a player, contestant, or team.
"Publicly-exhibited contest" means any professional or amateur sport, athletic game or contest, or race or contest involving machines, persons, or animals, viewed by the public, but does not include an exhibition which does not purport to be and which is not represented as being such a sport, game, contest, or race.
(3) Tampering with a publicly-exhibited contest is a misdemeanor.
[L 1972, c 9, pt of §1]
As used in this part, unless the context otherwise requires:
"Access" means to gain entry to, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, computer system, or computer network.
"Computer" means any electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, and includes all computer equipment connected or related to such a device in a computer system or computer network, but shall not include an automated typewriter or typesetter, a portable hand-held calculator, or other similar device.
"Computer equipment" means any equipment or devices, including all input, output, processing, storage, software, or communications facilities, intended to interface with the computer.
"Computer network" means two or more computers or computer systems, interconnected by communication lines, including microwave, electronic, or any other form of communication.
"Computer program" or "software" means a set of computer-readable instructions or statements and related data that, when executed by a computer system, causes the computer system or the computer network to which it is connected to perform computer services.
"Computer services" includes but is not limited to the use of a computer system, computer network, computer program, data prepared for computer use, and data contained within a computer system or computer network.
"Computer system" means a set of interconnected computer equipment intended to operate as a cohesive system.
"Critical infrastructure" means publicly or privately owned or operated systems or assets vital to the defense, security, economic security, public health or safety, or any combination thereof, of the State or nation. "Critical infrastructure" includes:
(1) Gas and oil production, storage, and delivery systems;
(2) Water supply systems;
(3) Telecommunications networks;
(4) Electrical power delivery systems;
(5) Finance and banking systems;
(6) Emergency services, such as medical, police, fire, and rescue services;
(7) Transportation systems and services, such as highways, mass transit, airlines, and airports; and
(8) Government operations that provide essential services to the public.
"Damage" means any impairment to the integrity or availability of data, a program, a system, a network, or computer services.
"Data" means information, facts, concepts, software, or instructions prepared for use in a computer, computer system, or computer network.
"Obtain information" includes but is not limited to mere observation of the data.
"Property" includes financial instruments, data, computer software, computer programs, documents associated with computer systems, money, computer services, or anything else of value.
"Rule of court" means any rule adopted by the supreme court of this State, the Federal Rules of Civil Procedure, or the Federal Rules of Criminal Procedure.
"Statute" means any statute of this State or the federal government.
"Without authorization" means without the permission of or in excess of the permission of an owner, lessor, or rightful user or someone licensed or privileged by an owner, lessor, or rightful user to grant the permission.
[L 1992, c 225, pt of §2; am L 2001, c 33, §4; am L 2003, c 3, §17; am L 2014, c 213, §2]
(1) A person commits the offense of computer fraud in the first degree if the person knowingly accesses a computer, computer system, or computer network with the intent to commit the offense of theft in the first degree .
(2) Computer fraud in the first degree is a class A felony.
[L 2001, c 33, pt of §1; am L 2012, c 293, §2]
(1) A person commits the offense of computer fraud in the second degree if the person knowingly accesses a computer, computer system, or computer network with the intent to commit the offense of theft in the second degree.
(2) Computer fraud in the second degree is a class B felony.
[L 2001, c 33, pt of §1; am L 2012, c 293, §3]
(1) A person commits the offense of computer fraud in the third degree if the person knowingly accesses a computer, computer system, or computer network with the intent to commit the offense of theft in the third or fourth degree.
(2) Computer fraud in the third degree is a class C felony.
[L 2012, c 293, §1]
(1) A person commits the offense of computer damage in the first degree if the person intentionally causes or attempts to cause damage to a computer, computer system, or computer network that manages or controls any critical infrastructure and the damage results in, or in the case of an attempt to cause damage would have resulted in if completed, the substantial impairment of:
(a) The operation of the computer, computer system, or computer network; or
(b) The critical infrastructure managed or controlled by the computer, computer system, or computer network.
(2) Computer damage in the first degree is a class A felony.
[L 2001, c 33, pt of §1; am L 2014, c 213, §3]
(1) A person commits the offense of computer damage in the second degree if:
(a) The person knowingly causes the transmission of a program, information, code, or command, and thereby knowingly causes unauthorized damage to a computer, computer system, or computer network; or
(b) The person intentionally accesses a computer, computer system, or computer network without authorization and thereby knowingly causes damage.
(2) As used in this section, "damage" means:
(a) A loss aggregating at least $5,000 in value, including the costs associated with diagnosis, repair, replacement, or remediation, during any one-year period to one or more individuals;
(b) The modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of one or more individuals; or
(c) Impairment or disruption of government operations.
(3) Computer damage in the second degree is a class B felony.
[L 2001, c 33, pt of §1; am L 2014, c 213, §4]
(1) A person commits the offense of computer damage in the third degree if the person knowingly accesses a computer, computer system, or computer network without authorization and thereby recklessly causes damage.
(2) Computer damage in the third degree is a class C felony.
[L 2014, c 213, §1]
(1) [Repeal and reenactment on July 1, 2027. L 2024, c 239, §4.] A person commits the offense of use of a computer in the commission of a separate crime if the person knowingly uses a computer to identify, select, solicit, persuade, coerce, entice, induce, procure, pursue, surveil, contact, harass, annoy, or alarm the victim or intended victim of the following offenses:
(a) Section 707-726, relating to custodial interference in the first degree;
(b) Section 707-727, relating to custodial interference in the second degree;
(c) Section 707-731, relating to sexual assault in the second degree;
(d) Section 707-732, relating to sexual assault in the third degree;
(e) Section 707-733, relating to sexual assault in the fourth degree;
(f) Section 707-751, relating to promoting child abuse in the second degree;
(g) Section 711-1106, relating to harassment;
(h) Section 711-1106.4, relating to aggravated harassment by stalking;
(i) Section 711-1106.5, relating to harassment by stalking;
(j) Section 711-1110.9, violation of privacy in the first degree;
(k) Section 711-1111, violation of privacy in the second degree; or
(l) Section 712-1215, relating to promoting pornography for minors.
(2) Use of a computer in the commission of a separate crime is an offense one class or grade, as the case may be, greater than the offense facilitated. Notwithstanding any other law to the contrary, a conviction under this section shall not merge with a conviction for the separate crime.
[L 2001, c 33, pt of §1; am L 2006, c 141, §1; am L 2012, c 192, §1; am L 2016, c 231, §42; am L 2021, c 184, §2; am L 2024, c 239, §1]
Any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit an offense under this part, or which facilitated or assisted such activity, shall be forfeited subject to the requirements of chapter 712A; provided that the court shall have the discretion to require forfeiture of the property pursuant to this section if the perpetrator of the offense was a person under the age of eighteen, regardless of whether the person owned the property.
[L 2001, c 33, pt of §1; am L 2021, c 184, §3]
For purposes of prosecution under this part, a person who causes, by any means, the access of a computer, computer system, or computer network in one jurisdiction from another jurisdiction is deemed to have personally accessed the computer, computer system, or computer network in each jurisdiction.
[L 2001, c 33, pt of §1]
(1) A person commits the offense of unauthorized computer access in the first degree if the person knowingly accesses a computer, computer system, or computer network without authorization and thereby obtains information, and:
(a) The offense was committed for the purpose of commercial or private financial gain;
(b) The offense was committed in furtherance of any other crime;
(c) The value of the information obtained exceeds $20,000; or
(d) The information has been determined by statute or rule of court to require protection against unauthorized disclosure.
(2) Unauthorized computer access in the first degree is a class A felony.
[L 2001, c 33, pt of §1; am L 2012, c 293, §4]
(1) A person commits the offense of unauthorized computer access in the second degree if the person knowingly accesses a computer, computer system, or computer network without authorization and thereby obtains information.
(2) Unauthorized computer access in the second degree is a class B felony.
[L 2001, c 33, pt of §1; am L 2012, c 293, §5]
(1) A person commits the offense of unauthorized computer access in the third degree if the person knowingly accesses a computer, computer system, or computer network without authorization.
(2) Unauthorized computer access in the third degree is a class C felony.
[L 2001, c 33, pt of §1; am L 2012, c 293, §6]
(1) A person commits the offense of fraudulent use of a credit card, if with intent to defraud the issuer, or another person or organization providing money, goods, services, or anything else of value, or any other person, the person:
(a) Uses or attempts or conspires to use, for the purpose of obtaining money, goods, services, or anything else of value a credit card obtained or retained in violation of section 708-8102 or a credit card which the person knows is forged, expired, or revoked;
(b) Obtains or attempts or conspires to obtain money, goods, services, or anything else of value by representing without the consent of the cardholder that the person is the holder of a specified card or by representing that the person is the holder of a card and such card has not in fact been issued; or
(c) Uses or attempts or conspires to use a credit card number without the consent of the cardholder for the purpose of obtaining money, goods, services, or anything else of value.
(2) Fraudulent use of a credit card is a class C felony if the value of all money, goods, services, and other things of value obtained or attempted to be obtained exceeds $300 in any six-month period. For purposes of this section, each separate use of a credit card that exceeds $300 constitutes a separate offense.
(3) Fraudulent use of a credit card is a misdemeanor, if the value of all money, goods, services, and other things of value obtained or attempted to be obtained does not exceed $300 in any six-month period.
(4) Knowledge of revocation of a credit card shall be presumed to have been received by a cardholder four days after it has been mailed to the cardholder at the address set forth on the credit card or at the last known address by registered or certified mail, return receipt requested, and, if the address is more than five hundred miles from the place of mailing, by air mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada, notice shall be presumed to have been received ten days after mailing by registered or certified mail.
[L 1986, c 314, pt of §61; am L 1988, c 55, §1; am L 2006, c 230, §44]
[§708-8100.5] Fraudulent encoding of a credit card. (1) A person commits the offense of fraudulent encoding of a credit card if, with the intent to defraud the issuer, or another person or organization providing money, goods, services or anything else of value, the person:
(a) Intentionally changes, alters, erases, adds, creates, tampers with, or manipulates a credit card number by encoding credit card numbers onto the magnetic strip of the credit card;
(b) Knowingly uses, utters, or offers a credit card with changed, altered, erased, added, tampered with, or manipulated magnetically or electronically encoded credit numbers on the magnetic strip of a credit card for the purpose of obtaining money, goods, services, or anything else of value; or
(c) Knowingly sells, or distributes any credit card with changed, altered, erased, added, tampered with, or manipulated magnetically or electronically encoded credit card numbers on the magnetic strip of the credit card.
(2) Fraudulent encoding of a credit card is a class B felony.
[L 1993, c 287, §2]
(1) A person commits the offense of making a false statement to procure issuance of a credit card if the person makes or causes to be made, either directly or indirectly, any false statement in writing, knowing it to be false and with intent that it be relied on, respecting the person's identity or that of any other person, firm, or corporation, for the purpose of procuring the issuance of a credit card.
(2) Making a false statement to procure issuance of a credit card is a misdemeanor.
[L 1986, c 314, pt of §61]
(1) A person who takes a credit card from the person, possession, custody, or control of another without the cardholder's consent or who, with knowledge that it has been so taken, receives the credit card with intent to use it or to sell it, or to transfer it to a person other than the issuer or the cardholder commits the offense of credit card theft. If a person has in the person's possession or under the person's control credit cards issued in the names of two or more other persons, which have been taken or obtained in violation of this subsection, it is prima facie evidence that the person knew that the credit cards had been taken or obtained without the cardholder's consent.
(2) A person who receives a credit card that the person knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder commits the offense of credit card theft.
(3) A person, other than the issuer, who sells a credit card or a person who buys a credit card from a person other than the issuer commits the offense of credit card theft.
(4) A person who, with intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, obtains control over a credit card as security for a debt commits the offense of credit card theft.
(5) A person, other than the issuer, who during any twelve-month period, receives credit cards issued in the names of two or more persons which the person has reason to know were taken or retained under circumstances which constitute credit card theft or a violation of section 708-8101, commits the offense of credit card theft.
(6) A person who, with intent to defraud a purported issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, falsely makes or falsely embosses a purported credit card or utters such a credit card, or possesses such a credit card with knowledge that the same has been falsely made or falsely embossed commits the offense of credit card forgery. If a person other than the purported issuer possesses two or more credit cards which have been made or embossed in violation of this subsection, it is prima facie evidence that the person intended to defraud or that the person knew the credit cards had been so made or embossed. A person falsely makes a credit card when the person makes or draws, in whole or in part, a device or instrument which purports to be the credit card of a named issuer but which is not such a credit card because the issuer did not authorize the making or drawing, or alters a credit card which was validly issued. A person falsely embosses a credit card who, without authorization of the named issuer, completes a credit card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder.
(7) A person other than the cardholder or a person authorized by the cardholder who, with intent to defraud the issuer, or a person or organization providing money, goods, services, or anything else of value, or any other person, signs a credit card, commits the offense of credit card forgery.
(8) Credit card theft is a class C felony.
(9) Credit card forgery is a class C felony.
[L 1986, c 314, pt of §61]
(1) A person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a credit card by the cardholder, or any agent or employees of such person, who, with intent to defraud the issuer or cardholder, furnishes money, goods, services, or anything else of value upon presentation of a credit card obtained or retained in violation of section 708-8102 or a credit card which the person knows is forged, expired, or revoked commits the offense of credit card fraud by a provider of goods or services.
(2) A person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a credit card by the cardholder, or any agent or employee of such person, who, with intent to defraud the issuer or the cardholder, fails to furnish money, goods, services, or anything else of value which the person represents in writing to the issuer that the person has furnished commits the offense of credit card fraud by a provider of goods or services.
(3) Credit card fraud by a provider of goods or services is a class C felony.
[L 1986, c 314, pt of §61]
(1) A person other than the cardholder possessing an incomplete credit card, with intent to complete it without the consent of the issuer or a person possessing, with knowledge of its character, machinery, plates, or any other contrivance designed to reproduce instruments purporting to be the credit cards of the issuer who has not consented to the preparation of such credit cards, commits the offense of possession of unauthorized credit card machinery or incomplete cards.
A credit card is incomplete if part of the matter other than the signature of the cardholder, which an issuer requires to appear on the credit card, before it can be used by a cardholder, has not yet been stamped, embossed, imprinted, or written on it.
If a person other than the cardholder or issuer possesses two or more incomplete credit cards, it is prima facie evidence that the person intended to complete them without the consent of the owner.
(2) Possession of unauthorized credit card machinery or incomplete cards is a class C felony.
[L 1986, c 314, pt of §61]
(1) It is unlawful for any person, business, corporation, partnership, or other agency to make available, lend, donate, or sell any list or portion of a list of any credit cardholders and their addresses and account numbers to any third party without the express written permission of the issuer and the cardholders; except that a credit card issuer may make a list of its cardholders, including names, addresses, and account numbers, available, without the permission of the cardholders, to a third party pursuant to a contract, if the contract contains language requiring the third party to bind through contract each of its subcontractors by including language prohibiting the divulging of any part of the list for any purpose by the subcontractors except to fulfill and service orders pursuant to the contract between the credit card issuer and the authorized third party.
Notwithstanding any contrary provision of this section, a "consumer reporting agency", as that term is defined by the Fair Credit Reporting Act, Public Law No. 91-508, may provide lists of credit account names, addresses, and account numbers to third parties pursuant to that Act. Nothing in this section shall make unlawful or otherwise prohibit the transmittal of any such information to or from a "consumer reporting agency", as that term is defined in the Fair Credit Reporting Act, or a "debt collector", as that term is defined in the Fair Debt Collection Practices Act, Public Law No. 95-109. Notwithstanding the provisions of this section, it is lawful for any corporation to make available, lend, donate, or sell any list or portion of a list of any credit cardholders and their addresses and account numbers to a subsidiary or the parent corporation of such corporation or to another subsidiary of the common parent corporation.
(2) Violation of this section is a misdemeanor.
[L 1986, c 314, pt of §61]
In any prosecution for violation of this part, the prosecution is not required to establish and it is no defense:
(1) That a person other than the defendant who violated this part has not been convicted, apprehended, or identified; or
(2) That some of the acts constituting the offense did not occur in this State or were not a crime or element of a crime where they did occur.
[L 1986, c 314, pt of §61]
L 1995, c 119, §3.
(1) A person commits cable television service fraud in the first degree if the person knowingly:
(a) Distributes written instructions or plans to make or assemble a cable television service device and knows that the written plans or instructions are intended to be used to make or assemble a device to obtain cable television service without payment of applicable charges; or
(b) Distributes a cable television service device and knows that the device is intended to be used to obtain cable television service without payment of applicable charges.
(2) Cable television service fraud in the first degree is a class C felony.
[L 1987, c 268, pt of §2; am L 1988, c 300, §1; am L 1989, c 261, §19]
(1) A person commits the offense of cable television service fraud in the second degree if the person knowingly:
(a) Possesses a cable television service device with the intent to obtain cable television service without payment of applicable charges; or
(b) Possesses written instructions or plans to make or assemble a cable television service device with the intent to use the written plans or instructions to make or assemble a device to obtain cable television service without payment of applicable charges.
(2) Cable television service fraud in the second degree is a misdemeanor.
[L 1987, c 268, pt of §2]
(1) A person commits the offense of telecommunication service fraud in the first degree if the person:
(a) Knowingly publishes plans or instructions for making, assembling, or using a telecommunication service device, or sells, offers to sell, distributes, transfers, or otherwise makes available written instructions, plans, or materials including hardware, cables, tools, data, computer software, or other information or equipment to make or assemble a telecommunication service device and knows that the written plans, instructions, or materials are intended to be used to make or assemble a device to obtain telecommunication service without payment of applicable charges;
(b) Knowingly makes, assembles, sells, offers to sell, advertises, distributes, transports, transfers, or otherwise makes available a telecommunication service device and knows that the device is intended to be used to obtain telecommunication service without payment of applicable charges; or
(c) With the intent to defraud another of the lawful charge for any telecommunication service that is provided for a charge or compensation:
(i) Publishes, sells, offers for sale, or otherwise makes available an access device, without obtaining the consent of the holder of the access device or the telecommunication service provider;
(ii) Uses an access device, without obtaining the consent of the holder of the access device or the telecommunication service provider, resulting in obtaining services, the value of which exceeds $300 in any six-month period;
(iii) Engages in a scheme constituting a systematic and continuing course of conduct to obtain an access device from another by false or fraudulent pretenses, representations, or promises and does obtain an access device from the other person; or
(iv) Uses a telecommunication service device for the purpose of obtaining telecommunication services, the value of which exceeds $300 in any six-month period, without obtaining the consent of the holder of the telecommunication service device or the telecommunication service provider.
(2) For the purpose of this section:
"Access device" means any number or code of an existing, canceled, revoked, or nonexistent telephone number, telephone calling card number, credit card number, account number, personal identification number, or other credit device or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers, or other credit devices that can be used to obtain telecommunication service.
"Holder of access device" means a person or organization to which an access device has been issued by a telecommunication service provider.
"Publish" means the communication or dissemination of information to any one or more persons, either orally, in person, or by telephone, radio, television, or computer, or in a writing of any kind, including without limitation a letter, memorandum, circular, handbill, newspaper, magazine article, or book.
(3) Telecommunication service fraud in the first degree is a class C felony.
[L 1987, c 268, pt of §2; am L 1988, c 300, §2; am L 1993, c 120, §2; am L 1996, c 222, §3]
(1) A person commits the offense of telecommunication service fraud in the second degree if the person:
(a) Knowingly possesses a telecommunication service device with the intent to obtain telecommunication service without payment of applicable charges;
(b) Knowingly possesses written instructions or plans to make or assemble a telecommunication service device with the intent to use the written plans or instructions to make or assemble a device to obtain telecommunication service without payment of applicable charges; or
(c) With the intent to defraud another of the lawful charge for any telecommunication service, that is provided for a charge or compensation:
(i) Uses an access device without obtaining the consent of the holder of the access device or the telecommunication service provider, resulting in obtaining services, the value of which does not exceed $300 in any six-month period; or
(ii) Uses a telecommunication service device for the purpose of obtaining telecommunication services, the value of which does not exceed $300 in any six-month period, without obtaining the consent of the holder of the telecommunication service device or the telecommunication service provider.
(2) For the purposes of this section:
"Access device" means any number or code of an existing, canceled, revoked, or nonexistent telephone number, telephone calling card number, credit card number, account number, personal identification number, or other credit device or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers, or other credit devices that can be used to obtain telecommunication service.
"Holder of access device" means a person or organization to which an access device has been issued by a telecommunication service provider.
(3) Telecommunication service fraud in the second degree is a misdemeanor.
[L 1987, c 268, pt of §2; am L 1993, c 120, §3; am L 1996, c 222, §4]
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]
(1) A person commits the offense of arson in the first degree if the person intentionally or knowingly sets fire to or causes to be burned property and:
(a) Knowingly places another person in danger of death or bodily injury; or
(b) Knowingly or recklessly damages the property of another, without the other's consent, in an amount exceeding $20,000.
(2) Arson in the first degree is a class A felony.
[L 2006, c 181, pt of §1]
(1) A person commits the offense of arson in the second degree if the person intentionally or knowingly sets fire to or causes to be burned property and:
(a) Recklessly places another person in danger of death or bodily injury; or
(b) Knowingly or recklessly damages the property of another, without the other's consent, in an amount exceeding $1,500.
(2) Arson in the second degree is a class B felony.
[L 2006, c 181, pt of §1]
(1) A person commits the offense of arson in the third degree if the person intentionally or knowingly sets fire to or causes to be burned property and:
(a) Negligently places another person in danger of death or bodily injury; or
(b) Knowingly or recklessly damages the property of another, without the other's consent, in an amount exceeding $500.
(2) Arson in the third degree is a class C felony.
[L 2006, c 181, pt of §1]
(1) A person commits the offense of arson in the fourth degree if the person intentionally, knowingly, or recklessly sets fire to, or causes to be burned, property and thereby damages the property of another without the other's consent.
(2) Except as provided in subsection (3), arson in the fourth degree shall be a misdemeanor.
(3) Arson in the fourth degree shall be a class C felony if the act was committed during the time period and within the geographic area in which a red flag warning was in effect. The state of mind requirement for the offense shall not be applicable to the fact that the red flag warning was in effect at the time and within the geographic area in which the act was committed. The state of mind requirement applicable to the attendant circumstance that the red flag warning was in effect at the time and within the geographic area in which the act was committed shall be negligence.
For purposes of this subsection, "red flag warning" means the weather warning issued by the National Weather Service to indicate that warm temperatures, very low humidities, and stronger winds are expected to combine to produce an increased risk of fire danger.
[L 2006, c 181, pt of §1; am L 2007, c 11, §2; am L 2024, c 201, §3]
(1) A person commits the offense of unlicensed contracting activity if the person:
(a) Engages in any activity that requires a contractor's license under chapter 444 and is not a licensed contractor engaging in the activity, other than a contractor who inadvertently fails to maintain licensing requirements under chapter 444 and who subsequently corrects the failure so that there was a lapse of no more than sixty days in licensure; or
(b) Uses any word, title, or representation to induce the false belief that the person is licensed under chapter 444 to engage in contracting activity.
(2) Unlicensed contracting activity is a misdemeanor.
(3) Each day the violation of this section continues after written notice of the violation to the unlicensed contractor shall constitute a distinct and separate offense.
(4) It is an affirmative defense to a prosecution under this section that the defendant was a licensed contractor performing activity outside the scope of the defendant's contractor's license. This defense shall not preclude any administrative or civil enforcement action for the unlicensed activity.
[L 2012, c 244, pt of §1; am L 2013, c 182, §2]
(1) A person commits the offense of habitual unlicensed contracting activity if the person has had two or more convictions within ten years, preceding the conduct for which the person is charged under this section, for unlicensed contracting activity in violation of section 436B-27 or 708-8300, and:
(a) Engages in any activity for which a contractor's license is required under chapter 444, and is not licensed as a contractor under chapter 444 when engaging in the activity; or
(b) Uses any word, title, or representation to induce the false belief that the person is licensed under chapter 444 to engage in contracting activity.
(2) A conviction for purposes of this section is a judgment on a verdict, a finding of guilt, or a judgment on a plea of guilty or nolo contendere. The convictions shall have occurred on separate dates and be for separate incidents on separate dates. At the time of the instant offense, the convictions shall not have been expunged by pardon, reversed, or set aside.
(3) Habitual unlicensed contracting activity is a class C felony.
(4) It is an affirmative defense to a prosecution under this section that the defendant was a licensed contractor performing activity outside the scope of the defendant's contractor's license. This defense shall not preclude any administrative or civil enforcement action for the unlicensed activity.
[L 2012, c 244, pt of §1]
(1) A person commits the offense of unlicensed contractor fraud if the person:
(a) Engages in any activity that requires a contractor's license under chapter 444 and is not licensed as a contractor under chapter 444 when the person engages in the activity; and
(b) While engaged in the activity, obtains or exerts control over the property of another by deception, with intent to deprive the other of the property.
(2) For purposes of this section, "deception", as defined in section 708-800, includes deception as to the person's status as a licensed contractor or as to permits required to engage in the activity.
[L 2012, c 244, pt of §1]
(1) A person commits the offense of unlicensed contractor fraud in the first degree if the person commits unlicensed contractor fraud and the total value of the property over which the person obtains control is equal to or greater than $20,000.
(2) Unlicensed contractor fraud in the first degree is a class B felony.
[L 2012, c 244, pt of §1]
(1) A person commits the offense of unlicensed contractor fraud in the second degree if the person commits unlicensed contractor fraud and the total value of the property over which the person obtains control is less than $20,000.
(2) Unlicensed contractor fraud in the second degree is a class C felony.
[L 2012, c 244, pt of §1]
(1) For purposes of unlicensed contractor fraud, the value of the property shall be the greater of:
(a) The value of property as provided in section 708-801; or
(b) The total value of all moneys and any assets of value paid or lost by the victim or victims pursuant to the same scheme or course of conduct.
(2) The value of any work done by the unlicensed contractor shall not be used as an offset for the value of the property calculated under this section.
[L 2012, c 244, pt of §1; am L 2013, c 26, §1]
Connect Omnilex to search the legal corpus from your AI assistant.