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chapter-710•Hawaii Revised Statutes, Chapter 710 — Offenses Against Public Administration
chapter-710Haw. Rev. Stat. ch. 710Code1 janv. 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:
"Administrative proceeding" means any proceeding the outcome of which is required to be based on a record or documentation prescribed by law, or in which law or regulation is particularized in application to individuals.
"Benefit" means gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare the beneficiary is interested.
"Custody" means restraint by a public servant pursuant to arrest, detention, or order of a court.
"Detention facility" means any place used for the confinement of a person:
(a) Arrested for, charged with, or convicted of a criminal offense;
(b) Confined pursuant to chapter 571;
(c) Held for extradition; or
(d) Otherwise confined pursuant to an order of a court.
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
"Falsely alter" means to change, without the authority of the ostensible maker or authorized custodian of the record, a statement, document, or record, 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 statement, document, or record so altered falsely appears or purports to be in all respects an authentic creation of its ostensible maker, or authorized by the maker or custodian of the record.
"Falsely complete" means to transform, by adding, inserting, or changing matter, an incomplete statement, document, or record into a complete one, without the authority of the ostensible maker or authorized custodian of the record, so that the complete statement, document, or record falsely appears or purports to be in all respects an authentic creation of its ostensible maker, or authorized by the maker or custodian of the record.
"Falsely make" means to create a statement, document, or record, which purports to be an authentic creation of its ostensible maker, but that is not because the ostensible maker is fictitious or because, if real, the ostensible maker did not authorize the creation thereof.
"Government" includes any branch, subdivision, or agency of the government of this State or any locality within it.
"Governmental function" includes any activity which a public servant is legally authorized to undertake on behalf of the government.
"Harm" means loss, disadvantage, or injury, or anything so regarded by the person affected, including loss, disadvantage, or injury to any other person or entity in whose welfare the person affected is interested.
"Information" includes data, text, images, sounds, codes, computer programs, software, or databases.
"Juror" means any person who is a member of any jury, including a grand jury, impaneled by any court of this State or by any public servant authorized by law to impanel a jury, and also includes any person who has been drawn or summoned to attend as a prospective juror.
"Law enforcement officer" means any public servant, whether employed by the State or subdivisions thereof or by the United States, vested by law with a duty to maintain public order or, to make arrests for offenses or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses.
"Materially false statement" means any false statement, regardless of its admissibility under the rules of evidence, which could have affected the course or outcome of the proceeding; whether a falsification is material in a given factual situation is a question of law.
"Oath" includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated, and, for the purposes of this chapter, written statements shall be treated as if made under oath if:
(a) The statement was made on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable; or
(b) The statement recites that it was made under oath or affirmation, the declarant was aware of such recitation at the time the declarant made the statement and intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto.
"Oath required or authorized by law" means an oath the use of which is specifically provided for by statute or appropriate regulatory provision.
"Official proceeding" means a proceeding heard or which may be heard before any legislative, judicial, administrative, or other governmental agency or official authorized to take evidence under oath, including any referee, hearing examiner, commissioner, notary, or other person taking testimony or deposition in connection with any such proceeding.
"Pecuniary benefit" is benefit in the form of money, property, commercial interests, or anything else the primary significance of which is economic gain.
"Public servant" means any officer or employee of any branch of government, whether elected, appointed, or otherwise employed, and any person participating as advisor, consultant, or otherwise, in performing a governmental function, but the term does not include jurors or witnesses.
"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.
"Statement" means any representation, but includes a representation of opinion, belief, or other state of mind only if the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation.
"Testimony" includes oral or written statements, documents, or any other material that may be offered by a witness in an official proceeding.
[L 1972, c 9, pt of §1; am L 1987, c 130, §1; gen ch 1993; am L 2014, c 33, §2]
Any property offered, conferred, agreed to be conferred, or accepted as a benefit, pecuniary benefit, or compensation in the commission of an offense defined in this chapter is forfeited, subject to the requirements of chapter 712A, to the State.
[L 1972, c 9, pt of §1; am L 1989, c 261, §21]
(1) A person commits the offense of obstructing government operations if, by using or threatening to use violence, force, or physical interference or obstacle, the person intentionally obstructs, impairs, or hinders:
(a) The performance of a governmental function by a public servant acting under color of the public servant's official authority;
(b) The enforcement of the penal law or the preservation of the peace by a law enforcement officer acting under color of the law enforcement officer's official authority; or
(c) The operation of a radio, telephone, television, or other telecommunication system owned or operated by the State or one of its political subdivisions.
(2) This section does not apply to:
(a) The obstruction, impairment, or hindrance of the making of an arrest;
(b) The obstruction, impairment, or hindrance of any governmental function, as provided by law, in connection with a labor dispute with the government; or
(c) A person who is making a video or audio recording or taking a photograph of a law enforcement officer while the officer is in the performance of the officer's duties in a public place or under circumstances in which the officer has no reasonable expectation of privacy; provided that the officer may take reasonable action to maintain safety and control, secure crime scenes and accident sites, protect the integrity and confidentiality of investigations, and protect the public safety and order.
(3) Obstruction of government operations is a misdemeanor.
[L 1972, c 9, pt of §1; am L 1980, c 150, §1; am L 1991, c 223, §2; gen ch 1993; am L 2001, c 91, §3; am L 2016, c 164, §1]
[ § 710-1010.2] Official misconduct. (1) A public servant commits the offense of official misconduct when, in the person's official capacity, the person:
(a) With intent to obtain a benefit other than the person's lawful compensation, intentionally or knowingly performs an act using the power of that person's office, knowing that the act constitutes an unauthorized exercise of the person's official functions;
(b) With intent to obtain a benefit other than the person's lawful compensation, intentionally or knowingly refrains from performing an official duty that is imposed upon the person by law or is clearly inherent in the nature of the person's office; or
(c) Intentionally or knowingly submits or invites reliance on any statement, document, or record, in written, printed, or electronic form, that the person knows to be falsely made, completed, or altered, or in which the person knows to contain a false statement or false information.
(2) As used in this section:
"An official duty that is imposed upon the person by law or is clearly inherent in the nature of the person's office" means one or more unspecified duties that are so essential to the accomplishment of the purposes for which the office was created that it is clearly inherent in the nature of the office.
"Official function" means the decision, opinion, recommendation, vote, or other exercise or performance of duty of a public servant.
(3) Official misconduct is a class C felony.
[L 2023, c 130, §2]
(1) A person commits the offense of interference with reporting an emergency or crime if the person intentionally or knowingly prevents a victim or witness to a criminal act from calling a 911-emergency telephone system, obtaining medical assistance, or making a report to a law enforcement officer.
(2) Interference with the reporting of an emergency or crime is a petty misdemeanor.
[L 2001, c 294, §1]
(1) A person commits the offense of refusing to aid a law enforcement officer when, upon a reasonable command by a person known to him to be a law enforcement officer, he intentionally refuses or fails to aid such law enforcement officer, in:
(a) Effectuating or securing an arrest; or
(b) Preventing the commission by another of any offense.
(2) Refusing to aid a law enforcement officer is a petty misdemeanor.
(3) A person who complies with this section by aiding a law enforcement officer shall not be held liable to any person for damages resulting therefrom, provided he acted reasonably under the circumstances known to him at the time.
[L 1972, c 9, pt of §1; am L 2001, c 91, §4]
(1) A person commits the offense of refusing to assist in fire control when:
(a) Upon a reasonable command by a person known to him to be a firefighter, he intentionally refuses to aid in extinguishing a fire or in protecting property at the scene of a fire; or
(b) Upon command by a person known to him to be a firefighter or law enforcement officer, he intentionally disobeys an order or regulation relating to the conduct of persons in the vicinity of a fire.
(2) "Firefighter" means any officer of a fire department or any other person vested by law with the duty to extinguish fires.
(3) Refusing to assist in fire control is a petty misdemeanor.
(4) A person who complies with this section by assisting in fire control shall not be held liable to any person for damages resulting therefrom, provided he acted reasonably under the circumstances known to him at the time.
[L 1972, c 9, pt of §1; am L 1977, c 191, §2; am L 1983, c 124, §15; am L 2001, c 91, §4]
(1) A person commits the offense of compounding if the person intentionally accepts or agrees to accept any pecuniary benefit as consideration for:
(a) Refraining from seeking prosecution of an offense; or
(b) Refraining from reporting to law-enforcement authorities the commission or suspected commission of any offense or information relating to the offense.
(2) It is an affirmative defense to a prosecution under subsection (1) that the pecuniary benefit did not exceed an amount which the defendant believed to be due as restitution or indemnification for harm caused by the offense.
(3) Compounding is a misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) A person commits the offense of rendering a false alarm if the person knowingly causes a false alarm of fire or other emergency to be transmitted to or within an official or volunteer fire department, any other government agency, or any public utility that deals with emergencies involving danger to life or property.
(2) Rendering a false alarm is a misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) A person commits the offense of misuse of 911 emergency telephone service if the person accesses the telephone number 911 and:
(a) Knowingly causes a false alarm; or
(b) Makes a false complaint or a report of false information in reckless disregard of the risk that a public safety agency will respond by dispatching emergency services.
(2) Misuse of 911 emergency telephone service is a misdemeanor.
(3) For purposes of this section, "public safety agency" means any federal, state, or county police, fire, emergency medical service, or emergency management agency.
[L 2005, c 17, §1; am L 2014, c 111, §22]
(1) A person commits the offense of false reporting to law-enforcement authorities if the person intentionally makes a report or causes the transmission of a report to law-enforcement authorities relating to a crime or other incident within their concern when the person knows that the information contained in the report is false.
(2) False reporting to law-enforcement authorities is a misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) A person commits the offense of impersonating a public servant if the person pretends to be a public servant other than a law enforcement officer and engages in any conduct in that capacity with intent to deceive anyone.
(2) It is no defense to a prosecution under this section that the office the person pretended to hold did not in fact exist.
(3) Impersonating a public servant is a misdemeanor.
[L 1972, c 9, pt of §1; am L 1984, c 139, §2; am L 2001, c 91, §4]
(1) A person commits the offense of obtaining a government-issued identification document under false pretenses in the first degree if that person, with intent to mislead a public servant and intent to facilitate a felony, obtains an identification document issued by the State or any political subdivision thereof by:
(a) Making any statement, oral or in written, printed, or electronic form, that the person does not believe to be true, in an application for any identification document issued by the State or any political subdivision thereof; or
(b) Submitting or inviting reliance on any statement, document, or record, in written, printed, or electronic form, that the person knows to be falsely made, completed, or altered.
(2) Obtaining a government-issued identification document under false pretenses in the first degree is a class C felony.
[L 2002, c 224, pt of §2; am L 2014, c 33, §3]
(1) A person commits the offense of obtaining a government-issued identification document under false pretenses in the second degree if that person, with intent to mislead a public servant, obtains an identification document issued by the State or any political subdivision thereof by:
(a) Making any statement, oral or in written, printed, or electronic form, that the person does not believe to be true, in an application for any identification document issued by the State or any political subdivision thereof; or
(b) Submitting or inviting reliance on any statement, document, or record, in written, printed, or electronic form, that the person knows to be falsely made, completed, or altered.
(2) Obtaining a government-issued identification document under false pretenses in the second degree is a misdemeanor.
[L 2002, c 224, pt of §2; am L 2014, c 33, §4]
§ 710-1016.5 REPEALED. L 1987, c 130, §2.
(1) A person commits the offense of impersonating a law enforcement officer in the first degree if, with intent to deceive, the person pretends to be a law enforcement officer and is armed with a firearm.
(2) Impersonating a law enforcement officer in the first degree is a class C felony.
[L 1987, c 130, pt of §3]
(1) A person commits the offense of impersonating a law enforcement officer in the second degree if, with intent to deceive, the person pretends to be a law enforcement officer.
(2) Impersonating a law enforcement officer in the second degree is a misdemeanor.
[L 1987, c 130, pt of §3]
Any person other than a law enforcement officer, who wears the uniform or displays the badge or identification card of a law enforcement officer, or who wears a uniform or displays a badge or identification card resembling the uniform, badge or identification card of a law enforcement officer, or a badge or identification card purported to be a law enforcement officer's badge or identification card, shall be presumed to be pretending to be a law enforcement officer.
[L 1987, c 130, pt of §3]
(1) Employment by the State or a subdivision thereof or by the United States as a law enforcement officer at the time of the conduct charged is an affirmative defense to a prosecution for impersonating a law enforcement officer.
(2) It is no defense to a prosecution for impersonating a law enforcement officer that the office the person pretended to hold did not in fact exist.
[L 1987, c 130, pt of §3]
(1) A person commits the offense of tampering with a government record if:
(a) The person, acting knowingly, falsely makes a purported government record, or falsely completes or alters, or falsely makes an entry in, a government record or a true copy thereof;
(b) The person knowingly presents or uses a government record or a purported government record, or a true copy thereof, knowing that it has been falsely made, completed, or altered, or that a false entry has been made therein, with intent that it be taken as genuine;
(c) The person knowingly records, registers, or files, or offers for recordation, registration, or filing, in a governmental office or agency, a statement, document, or record, in written, printed, or electronic form, which has been falsely made, completed, or altered, or in which a false entry has been made, or which contains a false statement or false information; or
(d) Knowing the person lacks the authority to do so:
(i) The person intentionally destroys, mutilates, conceals, removes, or otherwise impairs the availability of any government records; or
(ii) The person refuses to deliver up a government record in the person's possession upon proper request of a public servant entitled to receive such record for examination or other purposes.
(2) For the purpose of this section, "government record" means all records created, issued, received, or kept by any governmental office or agency or required by law to be kept by others for the information of the government.
(3) Tampering with government records is a misdemeanor.
[L 1972, c 9, pt of §1; am L 1991, c 145, §2; gen ch 1993; am L 2014, c 33, §5]
(1) A person commits the offense of sale or manufacture of deceptive identification document if the person intentionally or knowingly manufactures, sells, offers for sale, furnishes, offers to be furnished, transports, offers to be transported, or imports or offers to be imported into this State a deceptive identification document.
(2) As used in this section, "deceptive identification document" means any identification document not issued by a governmental agency that purports to be, or that might deceive a reasonable person into believing that it is, an identification document issued by a governmental agency, including a driver's license, identification card, birth certificate, passport, or social security card.
(3) The sale or manufacture of a deceptive identification document is a class C felony.
(4) Any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit an offense under this section, or that facilitated or assisted such activity, shall be subject to forfeiture under chapter 712A.
[L 2001, c 230, §1]
(1) A person commits the offense of securing the proceeds of an offense if, with intent to assist another in profiting or benefiting from the commission of a crime, he aids the person in securing the proceeds of the crime.
(2) Securing the proceeds of an offense is a class C felony if the person assisted committed a class A or B felony or murder of any degree; otherwise it is a misdemeanor.
[L 1972, c 9, pt of §1; am L 1997, c 149, §5]
[§710-1019] Destroying or defacing official notices; penalty. (1) Any person who intentionally or knowingly removes, destroys or defaces any notice posted in compliance with any statute, rule, order of court, or order of the department of health, before the expiration date of the notice, shall be guilty of a violation subject to a fine of not more than $100.
(2) Any such notice shall prominently include the expiration date and a statement, "THE DESTRUCTION, REMOVAL, OR DEFACEMENT OF THIS NOTICE PRIOR TO THE EXPIRATION DATE IS PROHIBITED BY LAW AND PUNISHABLE BY FINE."
[L 1991, c 223, §1]
(1) A person commits the offense of escape in the first degree if the person intentionally employs physical force, the threat of physical force, or a dangerous instrument against the person of another in escaping from a correctional or detention facility or from custody.
(2) Escape in the first degree is a class B felony.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) A person commits the offense of escape in the second degree if the person intentionally escapes from a correctional or detention facility or from custody.
(2) Escape 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 promoting prison contraband in the first degree if:
(a) The person intentionally conveys a dangerous instrument or drug to any person confined in a correctional or detention facility; or
(b) Being a person confined in a correctional or detention facility, the person intentionally makes, obtains, or possesses a dangerous instrument or drug.
(2) A "dangerous instrument" shall have the same meaning as defined in section 707-700; a dangerous instrument may only be possessed by or conveyed to a confined person with the facility administrator's express prior approval. A "drug" shall include dangerous drugs, detrimental drugs, harmful drugs, intoxicating compounds, marijuana, and marijuana concentrates as listed in section 712-1240; a drug may only be possessed by or conveyed to a confined person with the facility administrator's express prior approval and under medical supervision.
(3) Promoting prison contraband in the first degree is a class B felony.
[L 1972, c 9, pt of §1; am L 1976, c 99, §1; am L 1986, c 339, §79; gen ch 1993]
(1) A person commits the offense of promoting prison contraband in the second degree if:
(a) The person intentionally conveys known contraband to any person confined in a correctional or detention facility; or
(b) Being a person confined in a correctional or detention facility, the person intentionally makes, obtains, or possesses known contraband.
(2) "Contraband" means any article or thing, other than a dangerous instrument or drug as defined in section 710-1022(2), that a person confined in a correctional or detention facility is prohibited from obtaining or possessing by statute, rule, or order.
(3) Promoting prison contraband in the second degree is a class C felony.
[L 1972, c 9, pt of §1; gen ch 1993; am L 1999, c 23, §1]
(1) A person commits the offense of bail jumping in the first degree if, having been released from custody by court order with or without bail, upon condition that the person will subsequently appear as ordered in connection with a charge of having committed a felony, the person knowingly fails to appear as ordered.
(2) Bail jumping in the first degree is a class C felony.
[L 1972, c 9, pt of §1; am L 1993, c 10, §1; am L 2004, c 17, §1]
(1) A person commits the offense of bail jumping in the second degree if, having been released from custody by court order with or without bail, upon condition that the person will subsequently appear as ordered in connection with a charge of having committed a misdemeanor or a petty misdemeanor, the person knowingly fails to appear as ordered.
(2) Bail jumping in the second degree is a misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993; am L 2004, c 17, §2]
(1) A person commits the offense of resisting arrest if the person intentionally prevents a law enforcement officer acting under color of the law enforcement officer's official authority from effecting an arrest by:
(a) Using or threatening to use physical force against the law enforcement officer or another; or
(b) Using any other means creating a substantial risk of causing bodily injury to the law enforcement officer or another.
(2) Resisting arrest is a misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993; am L 2001, c 91, §4]
(1) A person commits the offense of resisting an order to stop a motor vehicle in the first degree if the person:
(a) Intentionally fails to obey a direction of a law enforcement officer, acting under color of the law enforcement officer's official authority, to stop the person's motor vehicle; and
(b) While intentionally fleeing from or attempting to elude a law enforcement officer:
(i) Operates the person's motor vehicle in reckless disregard of the safety of other persons; or
(ii) Operates the person's motor vehicle in reckless disregard of the risk that the speed of the person's vehicle exceeds:
(A) The applicable state or county speed limit by thirty miles per hour or more; or
(B) Eighty miles per hour or more, irrespective of the applicable state or county speed limit.
For purposes of this section, "the applicable state or county speed limit" shall have the same meaning as in section 291C-105.
(2) Resisting an order to stop a motor vehicle in the first degree is a class C felony.
[L 2016, c 231, §47]
(1) A person commits the offense of resisting an order to stop a motor vehicle in the second degree if the person intentionally fails to obey a direction of a law enforcement officer, acting under color of the law enforcement officer's official authority, to stop the person's vehicle.
(2) Resisting an order to stop a motor vehicle in the second degree is a misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993; am L 2001, c 91, §4; am L 2016, c 231, §48]
For the purposes of sections [710-1029 and 710-1030], a person renders assistance to another if he:
(1) Harbors or conceals such person;
(2) Warns such person of impending discovery, apprehension, prosecution, or conviction, except this does not apply to a warning given in connection with an effort to bring another into compliance with the law;
(3) Provides such person with money, transportation, weapon, disguise, or other means of avoiding discovery, apprehension, prosecution, or conviction;
(4) Prevents or obstructs, by means of force, deception, or intimidation, anyone from performing an act that might aid in the discovery, apprehension, prosecution, or conviction of such person; or
(5) Suppresses by an act of concealment, alteration, or destruction any physical evidence that might aid in the discovery, apprehension, prosecution, or conviction of such person.
[L 1972, c 9, pt of §1]
(1) A person commits the offense of hindering prosecution in the first degree if, with the intent to hinder the apprehension, prosecution, conviction, or punishment of another for a class A, B, or C felony or murder in any degree, the person renders assistance to the other person.
(2) Hindering prosecution in the first degree is a class C felony.
[L 1972, c 9, pt of §1; am L 1997, c 149, §6]
(1) A person commits the offense of hindering prosecution in the second degree if, with the intent to hinder the apprehension, prosecution, conviction, or punishment of another for a crime, he renders assistance to such person.
(2) Hindering prosecution in the second degree is a misdemeanor.
[L 1972, c 9, pt of §1]
(1) A person commits the offense of intimidation of a correctional worker if the person uses force upon or a threat of force directed to a correctional worker, or the correctional worker's immediate family, with intent to influence such worker's conduct, decision, action or abstention from action as a correctional worker.
(2) "Correctional worker", as used in this section means any employee of the State or any county who works in a correctional or detention facility, a court, a paroling authority or who by law has jurisdiction over any legally committed offender or any person placed on probation or parole.
(3) "Threat" as used in this section means any threat proscribed by section 707-764(1).
(4) Intimidation of a correctional worker is a class B felony.
[L 1974, c 196, §1; am L 1980, c 267, §1; gen ch 1993]
(1) A person commits the offense of bribery if:
(a) The person confers, or offers or agrees to confer, directly or indirectly, any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion, or other action in the public servant's official capacity; or
(b) While a public servant, the person solicits, accepts, or agrees to accept, directly or indirectly, any pecuniary benefit with the intent that the person's vote, opinion, judgment, exercise of discretion, or other action as a public servant will thereby be influenced.
(2) It is a defense to a prosecution under subsection (1) that the accused conferred or agreed to confer the pecuniary benefit as a result of extortion or coercion.
(3) For purposes of this section, "public servant" includes in addition to persons who occupy the position of public servant as defined in section [710-1000], persons who have been elected, appointed, or designated to become a public servant although not yet occupying that position.
(4) Bribery is a class B felony. A person convicted of violating this section, notwithstanding any law to the contrary, shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853.
[L 1972, c 9, pt of §1; gen ch 1993; am L 2006, c 230, §47]
(1) A person commits the offense of perjury if in any official proceeding the person makes, under an oath required or authorized by law, a false statement which the person does not believe to be true.
(2) No person shall be convicted under this section unless the court rules that the false statement is a "materially false statement" as defined by section [710-1000]. It is not a defense that the declarant mistakenly believed the false statement to be immaterial.
(3) Perjury is a class C felony.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) A person commits the offense of false swearing in official matters if the person makes, under an oath required or authorized by law, a false statement which the person does not believe to be true, and:
(a) The statement is made in an official proceeding; or
(b) The statement is intended to mislead a public servant in the performance of the public servant's official duty.
(2) False swearing in official matters is a misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) A person commits the offense of false swearing if the person makes, under oath required or authorized by law, a false statement which the person does not believe to be true.
(2) False swearing is a petty misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) A person commits the offense of unsworn falsification to authorities if, with an intent to mislead a public servant in the performance of the public servant's duty, the person:
(a) Makes any statement, in written, printed, or electronic form, which the person does not believe to be true, in an application for any pecuniary or other benefit or in a record or report required by law to be submitted to any governmental agency;
(b) Knowingly makes a false statement in written, printed, electronic, or oral form, to a state investigator or a county inspector during an investigation into compliance with any state law, rule, or regulation or any county ordinance, rule, or regulation;
(c) Submits or invites reliance on any statement, document, or record, in written, printed, or electronic form, which the person knows to be falsely made, completed, or altered; or
(d) Submits or invites reliance on any sample, specimen, map, boundary-mark, or other object the person knows to be false.
(2) Unsworn falsification to authorities is a misdemeanor.
(3) As used in this section:
"County inspector" means a person employed, contracted, or appointed by a county or a county department or agency to evaluate or investigate compliance with any county ordinances, rules, or regulations.
"State investigator" means a person employed, contracted, or appointed by the State or a state department or agency to evaluate or investigate compliance with any state laws, rules, or regulations.
[L 1972, c 9, pt of §1; gen ch 1993; am L 2014, c 33, §6; am L 2019, c 114, §1]
(1) It is a defense to a prosecution under this part that the defendant retracted the defendant's falsification:
(a) If the falsification was made in an official proceeding, in the course of the same proceeding before discovery of the falsification became known to the defendant; or
(b) If the falsification was not made in an official proceeding, before reliance upon the falsification by the person or body for whom it was intended.
(2) "In the course of the same proceeding" includes separate hearings at separate stages of the same official or administrative proceeding but does not include any stage of the proceeding after the close of the evidence.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) Where a person has made inconsistent statements, each of which if made with the requisite state of mind and under the requisite circumstances would constitute an offense specified in this part, and both statements have been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false; it shall only be necessary for the prosecution to prove:
(a) That one or the other was false and not believed by the defendant to be true; and
(b) The attendant circumstances and states of mind necessary to constitute each statement, if false, as an offense.
(2) The most serious offense of which a person may be convicted in such an instance shall be determined by hypothetically assuming each statement to be false. If offenses of different classes or grades would be established by the making of the two statements, the person may only be convicted of the lesser class or grade.
[L 1972, c 9, pt of §1]
No prosecution shall be brought:
(1) Under this part, if the substance of the defendant's false statement is the defendant's denial of guilt of an offense for which the defendant has previously been put in jeopardy; or
(2) For a substantive offense, the denial of which was the basis of a former prosecution under this part.
[L 1972, c 9, pt of §1; gen ch 1993]
In any prosecution under this part, except a prosecution based upon inconsistent statements pursuant to section 710-1065, falsity of a statement may not be established solely through contradiction by the testimony of a single witness.
[L 1972, c 9, pt of §1]
It is not a defense to a prosecution under this part:
(1) That the defendant was not competent, for reasons other than lack of penal responsibility, to make the false statement alleged;
(2) That the statement was inadmissible under the law of evidence;
(3) That the oath was administered or taken in an irregular manner; or
(4) That the person administering the oath lacked authority to do so, if the taking of the oath was required or authorized by law.
[L 1972, c 9, pt of §1]
(1) A person commits the offense of misrepresenting a notarized document in the first degree if the person submits or invites reliance on a document that the person knows has been altered after the document had been notarized by a notary public in this or any other jurisdiction, and:
(a) The offense was committed with intent to mislead a public servant; or
(b) The offense was committed for purpose of commercial or private financial gain.
(2) Misrepresenting a notarized document in the first degree is a class C felony.
[L 2008, c 175, pt of §3]
(1) A person commits the offense of misrepresenting a notarized document in the second degree if, with intent to mislead another, the person submits or invites reliance on a document that the person knows has been altered after the document had been notarized by a notary public in this or any other jurisdiction.
(2) Misrepresenting a notarized document in the second degree is a misdemeanor.
[L 2008, c 175, pt of §3]
(1) A person commits the offense of bribing a witness if he confers, or offers or agrees to confer, directly or indirectly, any benefit upon a witness or a person he believes is about to be called as a witness in any official proceeding with intent to:
(a) Influence the testimony of that person;
(b) Induce that person to avoid legal process summoning him to testify; or
(c) Induce that person to absent himself from an official proceeding to which he has been legally summoned.
(2) A witness or a person believing he is about to be called as a witness in any official proceeding commits the offense of bribe receiving by a witness if he intentionally solicits, accepts, or agrees to accept, directly or indirectly, any benefit as consideration:
(a) Which will influence his testimony;
(b) For avoiding or attempting to avoid legal process summoning him to testify; or
(c) For absenting or attempting to absent himself from an official proceeding, to which he has been legally summoned.
(3) The offenses defined in this section are class C felonies.
[L 1972, c 9, pt of §1]
(1) A person commits the offense of intimidating a witness if he uses force upon or a threat directed to a witness or a person he believes is about to be called as a witness in any official proceeding, with intent to:
(a) Influence the testimony of that person;
(b) Induce that person to avoid legal process summoning him to testify; or
(c) Induce that person to absent himself from an official proceeding to which he has been legally summoned.
(2) "Threat" as used in this section means any threat proscribed by section 707-764(1).
(3) Intimidating a witness is a class C felony.
[L 1972, c 9, pt of §1; am L 1980, c 267, §2]
(1) A person commits the offense of tampering with a witness if he intentionally engages in conduct to induce a witness or a person he believes is about to be called as a witness in any official proceeding to:
(a) Testify falsely or withhold any testimony which he is not privileged to withhold; or
(b) Absent himself from any official proceeding to which he has been legally summoned.
(2) Tampering with a witness is a misdemeanor.
[L 1972, c 9, pt of §1]
(1) A person commits the offense of retaliating against a witness if the person uses force upon or threatens a witness or another person or damages the property of a witness or another person because of the attendance of the witness, or any testimony given, or any record, document, or other object produced, by the witness in an official proceeding.
(2) "Threaten" as used in this section means any threat proscribed by sections 707-764(1) and 707-764(2).
(3) Retaliating against a witness is a class C felony.
[L 1981, c 156, pt of §1; gen ch 1993]
(1) A person commits the offense of obstruction of justice if the person intentionally:
(a) When called as a witness and having been granted immunity pursuant to chapters 480 and 621C, before or after having been qualified as a witness, refuses to testify or be qualified as a witness when duly directed to testify or be qualified as a witness; or
(b) Influences; obstructs; impedes; or endeavors to influence, obstruct, or impede, the due administration of justice by means of force, threat of force, coercion, fraud, or deception.
(2) Obstruction of justice shall be a class C felony; provided that if the person engaged in activity under subsection (1)(b), obstruction of justice shall be a class B felony.
[L 1978, c 211, §1; am L 1980, c 173, §7; gen ch 1993; am L 2023, c 137, §1]
(1) A person commits the offense of bribing a juror if the person confers, or offers or agrees to confer, directly or indirectly, any benefit upon a juror with intent to influence the juror's vote, opinion, decision, or other action as a juror.
(2) A person is guilty of the offense of bribe receiving by a juror if the person intentionally solicits, accepts, or agrees to accept, directly or indirectly, any benefit as consideration which will influence the person's vote, opinion, decision, or other action as a juror.
(3) The offenses defined in this section are class C felonies.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) A person commits the offense of intimidating a juror if the person uses force or a threat with intent to influence a juror's vote, opinion, decision, or other action as a juror.
(2) "Threat" as used in this section means any threat proscribed by section 707-764(1).
(3) Intimidating a juror is a class B felony.
[L 1972, c 9, pt of §1; am L 1980, c 267, §3; gen ch 1993]
(1) A person commits the offense of jury tampering if, with intent to influence a juror's vote, opinion, decision, or other action in a case, the person attempts directly or indirectly to communicate with a juror other than as part of the proceedings in the trial of the case.
(2) Jury tampering is a class C felony.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) A person commits the offense of retaliating against a juror if the person uses force upon or threatens a juror or another person because of the vote, opinion, decision, or other action of the juror in an official proceeding.
(2) "Threaten" as used in this section means any threat proscribed in sections 707-764(1) and 707-764(2).
(3) Retaliating against a juror is a class C felony.
[L 1981, c 156, pt of §1; gen ch 1993]
(1) A person commits the offense of tampering with or fabricating physical evidence if, believing that an official proceeding or investigation is pending or about to be instituted, the person:
(a) Destroys, mutilates, conceals, removes, or alters physical evidence with intent to impair its verity or availability in the pending or prospective official proceeding or investigation; or
(b) Makes, presents, offers, or uses any false physical evidence, knowing it to be false, with intent that it be introduced in the pending or prospective official proceeding or investigation, or with intent to mislead a public servant who is or may be engaged in the pending or prospective official proceeding or investigation.
(2) For the purposes of this section, "physical evidence" includes any article, object, document, record, or other thing of physical substance.
(3) Tampering with or fabricating physical evidence is a misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993; am L 2024, c 242, §2]
(1) A person commits the offense of criminal contempt of court if:
(a) The person recklessly engages in disorderly or contemptuous behavior, committed during the sitting of a court in its immediate view and presence, and directly tending to interrupt its proceedings or impair the respect due to its authority;
(b) The person creates a breach of peace or a disturbance with intent to interrupt a court's proceedings;
(c) As an attorney, clerk, or other officer of the court, the person knowingly fails to perform or violates a duty of the person's office, or knowingly disobeys a lawful directive or order of a court;
(d) The person knowingly publishes a false report of a court's proceedings;
(e) Knowing that the person is not authorized to practice law, the person represents the person's self to be an attorney and acts as such in a court proceeding;
(f) The person intentionally records or attempts to record the deliberation of a jury;
(g) The person knowingly disobeys or resists the process, injunction, or other mandate of a court;
(h) The person intentionally refuses to be qualified as a witness in any court or, after being qualified, to answer any proper interrogatory without a privilege to refuse to answer;
(i) Being a juror, the person intentionally, without permission of the court, fails to attend a trial or official proceeding to which the person has been summoned or at which the person has been chosen to serve; or
(j) The person is in violation or disobedience of any injunction or order expressly provided for in part V of chapter 712.
(2) Except as provided in subsections (3) and (7), criminal contempt of court is a misdemeanor.
(3) The court may treat the commission of an offense under subsection (1) as a petty misdemeanor, in which case:
(a) If the offense was committed in the immediate view and presence of the court, or under such circumstances that the court has knowledge of all of the facts constituting the offense, the court may order summary conviction and disposition; and
(b) If the offense was not committed in the immediate view and presence of the court, nor under such circumstances that the court has knowledge of all of the facts constituting the offense, the court shall order the defendant to appear before it to answer a charge of criminal contempt of court; the trial, if any, upon the charge shall be by the court without a jury; and proof of guilt beyond a reasonable doubt shall be required for conviction.
(4) When the contempt under subsection (1) also constitutes another offense, the contemnor may be charged with and convicted of the other offense notwithstanding the fact that the contemnor has been charged with or convicted of the contempt.
(5) Whenever any person is convicted of criminal contempt of court or sentenced therefor, the particular circumstances of the offense shall be fully set forth in the judgment and in the order or warrant of commitment. In any proceeding for review of the judgment, sentence, or commitment, no presumption of law shall be made in support of the jurisdiction to render the judgment, pronounce the sentence, or order the commitment. A judgment, sentence, or commitment under subsection (3)(a) shall not be subject to review by appeal, but shall be subject to review in an appropriate proceeding for an extraordinary writ or in a special proceeding for review.
All other judgments, sentences, or commitments for criminal contempt of court shall be subject to review by appeal, in a proceeding for an appropriate extraordinary writ, or in a special proceeding for review.
(6) Nothing in this section shall be construed to alter the court's power to punish civil contempt. When the contempt consists of the refusal to perform an act which the contemnor has the power to perform, the contemnor may be imprisoned until the contemnor has performed it. In such a case the act shall be specified in the warrant of commitment. In any proceeding for review of the judgment or commitment, no presumption of law shall be made in support of the jurisdiction to render the judgment or order the commitment. When a court of competent jurisdiction issues an order compelling a parent to furnish support, including child support, medical support, or other remedial care, for the parent's child, it shall constitute prima facie evidence of a civil contempt of court upon proof that:
(a) The order was made, filed, and served on the parent or proof that the parent was present in court at the time the order was pronounced; and
(b) The parent did not comply with the order.
An order of civil contempt of court based on prima facie evidence under this subsection shall clearly state that the failure to comply with the order of civil contempt of court may subject the parent to a penalty that may include imprisonment or, if imprisonment is immediately ordered, the conditions that must be met for release from imprisonment. A party may also prove civil contempt of court by means other than prima facie evidence under this subsection.
(7) Any violation or disobedience of any injunction or order expressly provided for in part V of chapter 712 is punishable by:
(a) A fine of not less than $400 nor more than $5,000;
(b) Imprisonment for not less than one nor more than six months; or
(c) Both a fine and imprisonment pursuant to paragraphs (a) and (b).
[L 1972, c 9, pt of §1; am L 1973, c 136, §8(a); am L 1979, c 181, §3; am L 1987, c 176, §3; am L 1988, c 141, §60; gen ch 1993; am L 2008, c 157, §3; am L 2015, c 35, §27]
(1) A person who is not a member of either house of the legislature commits the offense of disrespect of a house of the legislature if, while the person is present at a legislative session of either house or at a hearing of any committee of either house, the person creates a breach of peace or disturbance with intent to interrupt the proceeding.
(2) Whenever there is probable cause to believe that a person has violated subsection (1), the person shall be subject to arrest and removal from the presence of the legislature or either house or any committee of a house, by the sergeant-at-arms of the affected house or by any other law enforcement officer of the State, as directed by the sergeant-at-arms.
(3) Disrespect of a house of the legislature is a petty misdemeanor.
[L 2012, c 204, §1]
(1) A person commits the offense of making a false, fictitious, or fraudulent claim against the State or a county if the person makes or presents to any agent of the State, counties, or any department or agency thereof any claim upon or against the State, county, department, or agency that the person knows to be false, fictitious, or fraudulent.
(2) Making a false, fictitious, or fraudulent claim against the State or a county shall be a class C felony.
[L 2023, c 131, pt of §3]
(1) Except as otherwise provided in this section, a person commits the offense of use of false statements or entries if, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the State, the person intentionally or knowingly:
(a) Falsifies, conceals, or covers up a material fact by any trick, scheme, or device;
(b) Makes any materially false, fictitious, or fraudulent statement or representation;
(c) Makes any false writing or document knowing the writing or document contains any materially false, fictitious, or fraudulent statement or entry; or
(d) Uses any false writing or document knowing the writing or document contains any materially false, fictitious, or fraudulent statement or entry for the purpose of presenting any statement or entry as true or for the purpose of substantiating any conclusion that is made more likely by any statement or entry.
(2) Subsection (1) shall not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings, or documents submitted by the party or counsel to a judge or magistrate in the proceeding.
(3) With respect to any matter within the jurisdiction of the legislature, subsection (1) shall apply only to:
(a) Administrative matters, including:
(i) A claim for payment;
(ii) A matter related to the procurement of property or services;
(iii) Personnel or employment practices;
(iv) Support services; or
(v) A document required by law or rule to be submitted to the legislature or any office or officer within the legislature; or
(b) Any investigation or review conducted pursuant to the authority of any committee, subcommittee, commission, or office of the legislature, consistent with applicable rules of the senate or house of representatives.
(4) Use of false statements or entries shall be a class C felony.
[L 2023, c 131, pt of §3]
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