Hawaii Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail
Hawaii criminal law basics: felony and misdemeanor classes and penalties, the felony theft amount, stand your ground and castle doctrine, statutes of limitations, bail and public defenders, from state statutes.
Quick answers for Hawaii
- How much theft is a felony
- Theft becomes a felony (theft in the second degree, Class C felony) when the value of the property or services exceeds $750. Theft in the first degree (Class B felony): value exceeds $20,000. Haw. Rev. Stat. §§ 708-830.5, 708-831, 708-832
- Stand your ground / duty to retreat
- Hawaii has a duty to retreat outside the home and workplace. Deadly force is not justifiable if 'The actor knows that he can avoid the necessity of using such force with complete safety by retreating' or by surrendering possession of a thing to a person asserting a claim of right to it… Haw. Rev. Stat. § 703-304(5)(b)
- Criminal statutes of limitations
- May be commenced at any time: murder, attempted murder, criminal conspiracy or solicitation to commit murder, sexual assault in the first and second degrees, sex trafficking, and continuous sexual assault of a minor under fourteen (§ 701-108(1)). Haw. Rev. Stat. § 701-108
- Marijuana possession
- Adult-use marijuana is not legalized in the statutes read; small amounts are decriminalized. Knowingly possessing any marijuana in any amount is promoting a detrimental drug in the third degree, a petty misdemeanor, except that 'possession of three grams or less of marijuana is a… Haw. Rev. Stat. §§ 712-1249, 329-121, 329-122
Last verified: 2026-10-27
Felonies, misdemeanors and theft
| Felony classes and maximum sentences | Crimes are of three grades: felonies, misdemeanors and petty misdemeanors. Felonies include murder and attempted murder in the first and second degrees and Class A, B and C felonies (§ 701-107). Class A felony: an indeterminate term of imprisonment of twenty years, without suspension of sentence or probation (with exceptions for certain drug and other offenses) (§ 706-659). Class B felony: ten years; Class C felony: five years (§ 706-660(1)). The paroling authority sets the minimum term. Maximum fines (§ 706-640(1)): Class A felony (and first- or second-degree murder or attempted murder) — $50,000; Class B — $25,000; Class C — $10,000. Class A: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0659.htm ; fines: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0640.htm |
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| Misdemeanor classes and maximum penalties | Misdemeanor: a definite term not to exceed one year; petty misdemeanor: not to exceed thirty days (§ 706-663). Maximum fines: misdemeanor — $2,000; petty misdemeanor or violation — $1,000 (§ 706-640(1)). A violation 'does not constitute a crime'; it is a non-criminal offense punishable only by a fine, forfeiture or civil penalty (§ 701-107). |
| How much theft is a felony | Theft becomes a felony (theft in the second degree, Class C felony) when the value of the property or services exceeds $750. Theft in the first degree (Class B felony): value exceeds $20,000. Theft in the third degree (misdemeanor): value exceeds $250 (or gasoline/diesel/related petroleum propellants of any value not exceeding $750). Theft in the fourth degree (§ 708-833) not read. |
Self-defense
| Stand your ground / duty to retreat | Hawaii has a duty to retreat outside the home and workplace. Deadly force is not justifiable if 'The actor knows that he can avoid the necessity of using such force with complete safety by retreating' or by surrendering possession of a thing to a person asserting a claim of right to it, or by complying with a demand to abstain from an action he has no duty to take — except that the actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be. Source: Haw. Rev. Stat. § 703-304(5)(b) |
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| Castle doctrine (defending your home) | No duty to retreat from one's dwelling or place of work unless the actor was the initial aggressor (or, at work, is assailed by a co-worker at their shared place of work) (§ 703-304(5)(b)(i)). Deadly force for the protection of property is justifiable only if the person is attempting to dispossess the actor of the actor's dwelling otherwise than under a claim of right to its possession, or is attempting to commit felonious property damage, burglary, robbery or felonious theft and either has employed or threatened deadly force against or in the presence of the actor, or using less than deadly force would expose the actor or another person present to substantial danger of serious bodily injury (§ 703-306(3)). |
Charges, bail and your lawyer
| Criminal statutes of limitations | May be commenced at any time: murder, attempted murder, criminal conspiracy or solicitation to commit murder, sexual assault in the first and second degrees, sex trafficking, and continuous sexual assault of a minor under fourteen (§ 701-108(1)). Manslaughter (not caused by a motor vehicle): within ten years. Class A felony: within six years. Any other felony: within three years. Misdemeanor (or parking violation): within two years. Petty misdemeanor or non-parking violation: within one year. For certain felonies under chapter 707, parts V or VI, the period does not run during any time when the victim is alive and under eighteen years of age. Source: Haw. Rev. Stat. § 701-108 |
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| Bail and pretrial release | Before conviction, a defendant 'may be admitted to bail before conviction as a matter of right' for bailable offenses, and bail is set under 'the least restrictive conditions required to ensure the defendant's appearance and to protect the public' (§ 804-4). Bail may be denied where the charge is for a serious crime and there is a serious risk of flight, obstruction of justice or witness intimidation, danger to any person or the community, or likely further illegal activity; and if, after a hearing, the court finds no condition or combination of conditions will reasonably assure appearance or the safety of any other person or the community (§ 804-3). The amount of bail rests in the discretion of the justice, judge or the officers named in § 804-5, and 'shall be set in a reasonable amount based upon all available information, including the offense alleged, the possible punishment upon conviction, and the defendant's financial ability to afford bail'; it should be determined 'as not to suffer the wealthy to escape by the payment of a pecuniary penalty, nor to render the privilege useless to the poor' (§ 804-9). § 804-3: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0804/HRS_0804-0003.htm ; § 804-4: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0804/HRS_0804-0004.htm |
| Right to a public defender | An indigent person who is arrested for, charged with, or convicted of an offense punishable by confinement in jail or prison is entitled to be represented by a public defender; the court may appoint other counsel for a conflict of interest or in the interests of justice (§ 802-1). Unless the court orders otherwise, the determination of indigency is made by a public defender, subject to review by the court, based on an appropriate inquiry into the person's finances and an affidavit or certificate signed by the person demonstrating financial inability to obtain counsel. A person waives the right to counsel by refusing to furnish information pertinent to the indigency determination (§ 802-4). § 802-1: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0802/HRS_0802-0001.htm Source: Haw. Rev. Stat. §§ 802-1, 802-4 |
Other common questions
| Age of consent | Sexual assault in the first degree (Class A felony) includes knowingly engaging in sexual penetration with a person less than fourteen years old, or with a person 'at least fourteen years old but less than sixteen years old' where the actor is 'No less than five years older than the minor' and 'Not legally married to the minor.' This makes 16 the age of consent, with a close-in-age exception where the actor is less than five years older than a 14- or 15-year-old. |
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| Marijuana possession | Adult-use marijuana is not legalized in the statutes read; small amounts are decriminalized. Knowingly possessing any marijuana in any amount is promoting a detrimental drug in the third degree, a petty misdemeanor, except that 'possession of three grams or less of marijuana is a violation, punishable by a fine of $130' (§ 712-1249). Medical use: permitted for a qualifying patient eighteen or older whose physician, advanced practice registered nurse or hospice provider has documented the qualifying determination and explained the risks and benefits, if the amount does not exceed an 'adequate supply' — 'ten cannabis plants, whether immature or mature, and four ounces of usable cannabis at any given time' (§§ 329-121, 329-122). Medical: https://data.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0329/HRS_0329-0122.htm |
Assault, battery and domestic violence
| Assault | Hawaii grades assault by the injury caused. Assault in the third degree, intentionally, knowingly or recklessly causing bodily injury (or negligently causing it with a dangerous instrument), is a misdemeanor (up to one year and $2,000), or a petty misdemeanor if it happened in a fight or scuffle entered into by mutual consent. Assault in the second degree, a class C felony (five years), includes causing substantial bodily injury, recklessly causing serious bodily injury, injuring someone with a dangerous instrument, and injuring protected workers such as correctional, school, emergency-room, health-care, fire and lifeguard personnel, or a person protected by a restraining order. Assault in the first degree, intentionally or knowingly causing serious bodily injury, or substantial bodily injury to a person 60 or older, is a class B felony (ten years). Second degree: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0711.htm ; first degree: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0710.htm . Grade penalties (§§ 706-640, 706-660, 706-663): petty misdemeanor up to 30 days and $1,000; misdemeanor up to one year and $2,000; class C felony five years and $10,000; class B felony ten years and $25,000; class A felony twenty years and $50,000 (felony terms are indeterminate, with the minimum set by the paroling authority). A violation is not a crime and is punishable only by a fine. |
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| Battery | Hawaii has no crime called battery. Offensive touching without injury, such as striking, shoving or kicking someone with intent to harass, annoy or alarm, is harassment, a petty misdemeanor (up to 30 days and $1,000). Touching that causes bodily injury is charged as assault in the first, second or third degree. Offensive contact with a family or household member is covered by the abuse of family or household members statute; see domestic violence. |
| Domestic violence | Hawaii has a separate crime, abuse of family or household members: physically abusing a family or household member, or refusing a police officer's lawful order to leave the premises for a cooling-off period. It is a misdemeanor with a mandatory minimum of forty-eight hours in jail for a first offense and thirty days for a second offense within one year of the first conviction, and a third or later offense within two years of a second conviction is a class C felony (five years). Impeding someone's breathing or blood circulation by pressure on the throat, neck or chest, or by blocking the nose and mouth, is a class C felony even without visible injury, as is abuse committed in the presence of a family or household member under fourteen. Offensively touching a family or household member, or exercising coercive control over one, is a petty misdemeanor. Anyone sentenced or granted a deferral must complete a domestic violence intervention or anger management course. The section heading on the official site states 'Repeal and reenactment on June 30, 2026. L 2020, c 19, §15; Grade penalties (§§ 706-640, 706-660, 706-663): petty misdemeanor up to 30 days and $1,000; misdemeanor up to one year and $2,000; class C felony five years and $10,000; class B felony ten years and $25,000; class A felony twenty years and $50,000 (felony terms are indeterminate, with the minimum set by the paroling authority). A violation is not a crime and is punishable only by a fine. |
| Harassment and stalking | Harassment is a petty misdemeanor (up to 30 days and $1,000): with intent to harass, annoy or alarm, offensively touching someone, insulting or challenging them in a way likely to provoke violence or cause fear of injury, repeatedly calling, texting or emailing without a legitimate purpose, communicating anonymously or at extremely inconvenient hours, continuing to communicate after being told it is unwelcome, or using threatening coarse language. Harassment by stalking, a course of pursuit, surveillance or nonconsensual contact (in person, by phone or by electronic communication) on more than one occasion without legitimate purpose, is a misdemeanor (up to one year and $2,000), and the court may order counseling. Aggravated harassment by stalking, a repeat stalking offense within five years of a prior harassment-by-stalking conviction, is a class C felony (five years). Stalking: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0711/HRS_0711-1106_0005.htm ; aggravated: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0711/HRS_0711-1106_0004.htm . Grade penalties (§§ 706-640, 706-660, 706-663): petty misdemeanor up to 30 days and $1,000; misdemeanor up to one year and $2,000; class C felony five years and $10,000; class B felony ten years and $25,000; class A felony twenty years and $50,000 (felony terms are indeterminate, with the minimum set by the paroling authority). A violation is not a crime and is punishable only by a fine. |
Shoplifting, burglary, vandalism and trespassing
| Shoplifting and petty theft | Shoplifting is a form of theft in Hawaii: concealing or taking possession of a store's merchandise with intent to defraud, or altering price tags. It is graded by value; theft of property worth $250 or less is theft in the fourth degree, a petty misdemeanor (up to 30 days and $1,000), and theft of property worth more than $250 is theft in the third degree, a misdemeanor (up to one year and $2,000). Under the civil shoplifting law, a shoplifter is liable to the store for actual damages plus a $75 civil penalty if the store makes a written demand, or, if the store sues, actual damages, the $75 penalty and an added civil penalty of $50 to $500 for the costs of suit; no criminal conviction is required, and claims may be brought in small claims court. Fourth degree: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0708/HRS_0708-0833.htm ; third degree: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0708/HRS_0708-0832.htm ; civil: https://data.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663A/HRS_0663A-0002.htm . No repeat-shoplifting felony rule appears in §§ 708-832 or 708-833. Felony-value tiers are in data/criminal. |
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| Burglary and robbery | Burglary is intentionally entering or remaining unlawfully in a building intending to commit a crime against a person or property there. Burglary in the second degree is a class C felony (five years); it becomes burglary in the first degree, a class B felony (ten years), when the person is armed with a dangerous instrument, injures or tries to injure someone, or recklessly disregards the risk that the building is someone's dwelling and it is. Robbery is using or threatening force while committing a theft or taking a motor vehicle. Robbery in the second degree (using force to overcome resistance, threatening imminent force, or recklessly causing serious bodily injury) is a class B felony; robbery in the first degree (attempting to kill, intentionally causing or trying to cause serious bodily injury, being armed with a dangerous instrument, electric gun or simulated firearm while using or threatening force, or robbing during a declared emergency) is a class A felony (twenty years). Second-degree burglary: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0708/HRS_0708-0811.htm ; robbery: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0708/HRS_0708-0840.htm and https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0708/HRS_0708-0841.htm . Grade penalties (§§ 706-640, 706-660, 706-663): petty misdemeanor up to 30 days and $1,000; misdemeanor up to one year and $2,000; class C felony five years and $10,000; class B felony ten years and $25,000; class A felony twenty years and $50,000 (felony terms are indeterminate, with the minimum set by the paroling authority). A violation is not a crime and is punishable only by a fine. |
| Vandalism (property damage) | Vandalism is called criminal property damage in Hawaii. Intentionally or knowingly damaging another person's property without consent is fourth degree, a petty misdemeanor (up to 30 days). Damage over $500 is third degree, a misdemeanor (up to one year); damage over $1,500 is second degree, a class C felony (five years); and damage over $20,000, damage that recklessly endangers someone's life or safety, or damage during a declared emergency is first degree, a class B felony (ten years). Higher grades with mandatory jail apply to damage to agricultural or aquacultural property. Graffiti is charged as criminal property damage, and the person must also remove the graffiti and, for up to two years, remove other graffiti within 250 yards of the site (or perform 100 hours of community service). Higher degrees: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0708/HRS_0708-0820.htm , https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0708/HRS_0708-0821.htm , https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0708/HRS_0708-0822.htm ; graffiti: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0708/HRS_0708-0823_0006.htm . Grade penalties (§§ 706-640, 706-660, 706-663): petty misdemeanor up to 30 days and $1,000; misdemeanor up to one year and $2,000; class C felony five years and $10,000; class B felony ten years and $25,000; class A felony twenty years and $50,000 (felony terms are indeterminate, with the minimum set by the paroling authority). A violation is not a crime and is punishable only by a fine. |
| Trespassing | Knowingly entering or remaining unlawfully on any premises is simple trespass, a violation (fine only). Criminal trespass in the second degree, a petty misdemeanor (up to 30 days), covers entering fenced or enclosed premises, staying on commercial premises after a written warning to leave issued within the past year, and entering certain fenced or posted unimproved land. Criminal trespass in the first degree, a misdemeanor (up to one year and $2,000), covers knowingly entering or remaining unlawfully in a dwelling or on hotel or apartment premises, entering fenced premises while carrying a firearm, and staying on school grounds after a warning to leave (no warning is needed between 10 p.m. and 5 a.m.). Second degree: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0708/HRS_0708-0814.htm ; simple trespass: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0708/HRS_0708-0815.htm . Process servers and land surveyors acting in good faith are exempt from first- and second-degree trespass. Grade penalties (§§ 706-640, 706-660, 706-663): petty misdemeanor up to 30 days and $1,000; misdemeanor up to one year and $2,000; class C felony five years and $10,000; class B felony ten years and $25,000; class A felony twenty years and $50,000 (felony terms are indeterminate, with the minimum set by the paroling authority). A violation is not a crime and is punishable only by a fine. |
Drugs and driving crimes
| Drug possession | Knowingly possessing any amount of a dangerous drug is promoting a dangerous drug in the third degree, a class C felony (five years and $10,000). Using or possessing drug paraphernalia is a violation subject to a fine of no more than $500, not a crime. A nonviolent person convicted for the first or second time of felony drug possession (other than certain methamphetamine offenses) who is assessed as needing treatment may be sentenced to probation with a substance abuse treatment program instead of prison; after completing treatment and probation, a first-time participant may apply once to have the conviction record expunged. Paraphernalia: https://data.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0329/HRS_0329-0043_0005.htm ; drug-offender probation: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0622_0005.htm . Marijuana rules are in data/criminal. Grade penalties (§§ 706-640, 706-660, 706-663): petty misdemeanor up to 30 days and $1,000; misdemeanor up to one year and $2,000; class C felony five years and $10,000; class B felony ten years and $25,000; class A felony twenty years and $50,000 (felony terms are indeterminate, with the minimum set by the paroling authority). A violation is not a crime and is punishable only by a fine. |
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| Hit and run | A driver in a collision must stop and remain at the scene until giving information and aid. Leaving the scene of a collision that causes bodily injury is a misdemeanor (up to one year); substantial bodily injury, a class C felony (five years); and serious bodily injury or death, a class B felony (ten years) with revocation of the driver's license. Each carries an added surcharge for the neurotrauma special fund. Leaving the scene of a collision that damages only a vehicle or property that is driven or attended is also prohibited, but § 291C-13 itself states only a possible surcharge of up to $100. Substantial injury: https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291C/HRS_0291C-0012_0005.htm ; bodily injury: https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291C/HRS_0291C-0012_0006.htm ; property only: https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291C/HRS_0291C-0013.htm . Grade penalties (§§ 706-640, 706-660, 706-663): petty misdemeanor up to 30 days and $1,000; misdemeanor up to one year and $2,000; class C felony five years and $10,000; class B felony ten years and $25,000; class A felony twenty years and $50,000 (felony terms are indeterminate, with the minimum set by the paroling authority). A violation is not a crime and is punishable only by a fine. |
| Reckless driving | Reckless driving is operating any vehicle (or riding an animal) recklessly in disregard of the safety of persons or property. It is punishable by a fine of not more than $1,000, imprisonment of not more than thirty days, or both. Section 291-2 states no license points or suspension. Source: Haw. Rev. Stat. § 291-2 |
Arrests, court dates and probation
| Resisting arrest | Resisting arrest is intentionally preventing a law enforcement officer from making an arrest by using or threatening physical force, or by any other means creating a substantial risk of bodily injury; it is a misdemeanor (up to one year and $2,000). Intentionally disobeying an officer's direction to stop a motor vehicle and, while fleeing, driving in reckless disregard of others' safety or at 30 mph or more over the speed limit or 80 mph or more is resisting an order to stop a motor vehicle in the first degree, a class C felony (five years). Order to stop: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0710/HRS_0710-1026_0009.htm . Grade penalties (§§ 706-640, 706-660, 706-663): petty misdemeanor up to 30 days and $1,000; misdemeanor up to one year and $2,000; class C felony five years and $10,000; class B felony ten years and $25,000; class A felony twenty years and $50,000 (felony terms are indeterminate, with the minimum set by the paroling authority). A violation is not a crime and is punishable only by a fine. |
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| Missing a court date | Hawaii calls missing a required court date after release bail jumping. If the person was released (with or without bail) on a felony charge and knowingly fails to appear as ordered, it is bail jumping in the first degree, a class C felony (up to 5 years). If the charge was a misdemeanor or petty misdemeanor, it is bail jumping in the second degree, a misdemeanor (up to 1 year and a $2,000 fine). Second degree: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0710/HRS_0710-1025.htm |
| Probation violation | In Hawaii, a judge decides probation violations after a hearing, on application of the probation officer, prosecutor or defendant, or on the court's own motion. All sides get written notice of the hearing and the grounds, may present evidence, and the defendant has the right to a lawyer; the Hawaii rules of evidence do not apply except for privileges. The court must revoke probation if the defendant inexcusably failed to comply with a substantial condition or was convicted of a felony, and may revoke it for conviction of another (non-felony) crime; it may instead modify or add conditions if that will help the defendant lead a law-abiding life. On revocation, the court may impose any sentence that could originally have been imposed. For drug-possession or drug-use violations, the court may require substance abuse treatment, and for violations linked to a mental disorder, mental health treatment, as a condition of continued probation. § 706-625 does not state a standard of proof. Source: HRS § 706-625 |
| Obstruction of justice | Hawaii has several obstruction offenses. Obstructing government operations (using or threatening violence, force or a physical obstacle to intentionally hinder a public servant or police officer, other than an arrest) is a misdemeanor; recording or photographing police in public is expressly not covered. Intimidating a witness by force or threat is a class C felony (up to 5 years), while tampering with a witness (trying to get a witness to lie or stay away) and tampering with or fabricating physical evidence are misdemeanors (up to 1 year). Class penalties (HRS §§ 706-659, 706-660, 706-663, 706-640): Class A felony 20-year indeterminate term; Class B felony 10 years; Class C felony 5 years; misdemeanor up to 1 year and $2,000; petty misdemeanor up to 30 days and $1,000; a violation is not a crime and is punishable only by a fine (up to $1,000). |
| Perjury (lying under oath) | Perjury in Hawaii is making a materially false statement, which the person does not believe to be true, under oath in an official proceeding; it is a class C felony (up to 5 years). False swearing in official matters (a false sworn statement in an official proceeding or meant to mislead a public servant, without the materiality requirement) is a misdemeanor (up to 1 year and $2,000). |
Public conduct crimes
| Disorderly conduct | Disorderly conduct in Hawaii means acting with intent to cause public inconvenience or alarm (or recklessly risking it) by fighting or threatening or violent behavior, making unreasonable noise, using offensively coarse behavior or abusive language likely to provoke violence, creating a hazardous or physically offensive condition, or obstructing people in public to beg. It is a petty misdemeanor (up to 30 days and $1,000) if the person intends substantial harm or serious inconvenience or keeps going after a reasonable warning to stop; otherwise it is a violation (a non-criminal offense punishable by a fine). |
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| Indecent exposure | Indecent exposure in Hawaii is intentionally exposing one's genitals to a person one is not married to, in circumstances likely to cause affront. It is a petty misdemeanor, punishable by up to 30 days in jail and a $1,000 fine. The indecent exposure statute itself does not provide a felony grade. Source: HRS §§ 707-734, 706-663, 706-640 |
| Prostitution and solicitation | Selling sex (engaging in, agreeing or offering to engage in sexual conduct for a fee or anything of value) is prostitution, a petty misdemeanor; a first offense carries a fine of $500 to $1,000 and up to 30 days or probation, and a later offense requires the fine plus 30 days or probation with no deferral. If the person is a minor, it is only a violation, handled through family court. Buying sex is a separate offense, commercial sexual exploitation, also a petty misdemeanor with a $500 to $1,000 fine and up to 30 days; it is a class C felony if the buyer acts in reckless disregard that the person is a sex-trafficking victim, and a misdemeanor if committed within 750 feet of a school or public park. People who in good faith seek medical or police help cannot be prosecuted for prostitution based on evidence gained from that call. Buyer offense: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1200_0005.htm |
| Gambling | Hawaii's penal code makes knowingly participating in any gambling activity a misdemeanor (up to 1 year and $2,000). Promoting gambling is a felony: second degree (negligently advancing or profiting from gambling) is a class C felony, and first degree (for example bookmaking with more than five bets totaling more than $500 in seven days, or taking in more than $1,000 in a lottery or other gambling scheme in seven days) is a class B felony (up to 10 years). Private social gambling is an affirmative defense if players compete on equal terms, no one but the players profits, all players are adults, it is not bookmaking, and it does not take place in a business, hotel, bar, restaurant, park, beach or other public area. Class penalties (HRS §§ 706-659, 706-660, 706-663, 706-640): Class A felony 20-year indeterminate term; Class B felony 10 years; Class C felony 5 years; misdemeanor up to 1 year and $2,000; petty misdemeanor up to 30 days and $1,000; a violation is not a crime and is punishable only by a fine (up to $1,000). |
Fraud, embezzlement and blackmail
| Embezzlement | Hawaii has no separate embezzlement crime; it is charged as theft. The theft statute includes 'failure to make required disposition of funds': intentionally getting property under an agreement or legal obligation to pay it or deal with it a certain way, then treating it as one's own and failing to make the required payment or disposition. It also covers obtaining or exercising unauthorized control over property and obtaining it by deception. The grade depends on value: theft in the third degree (over $250) is a misdemeanor, theft in the second degree (over $750) is a class C felony, and theft in the first degree (over $20,000) is a class B felony. Value tiers (§§ 708-831 to 708-833) are detailed in the general theft record (data/criminal). |
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| Fraud and identity theft | Identity theft in Hawaii is transmitting another person's personal information (orally, in writing or electronically) with intent to commit theft or another crime, and it is always a felony. It is a class C felony (up to 5 years) when the intent is third- or fourth-degree theft, a class B felony (up to 10 years) when the intent is second-degree theft, and a class A felony (20 years) when the intent is first-degree theft or facilitating serious crimes such as murder, kidnapping or extortion. Fraudulent use of a credit card (or card number) is a class C felony if more than $300 is obtained or attempted in any six-month period, and a misdemeanor if $300 or less. Credit card fraud: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0708/HRS_0708-8100.htm. Class penalties (HRS §§ 706-659, 706-660, 706-663, 706-640): Class A felony 20-year indeterminate term; Class B felony 10 years; Class C felony 5 years; misdemeanor up to 1 year and $2,000; petty misdemeanor up to 30 days and $1,000; a violation is not a crime and is punishable only by a fine (up to $1,000). |
| Forgery | Forgery means falsely making, completing, endorsing or altering a written instrument, or passing (uttering) a forged one, with intent to defraud. Forgery in the third degree (any written instrument) is a misdemeanor; second degree (deeds, wills, contracts, commercial instruments and similar legal documents, or any instrument purportedly made by a person 60 or older) is a class C felony; first degree (government stamps or securities, stocks or bonds, or legal documents purportedly made by a person 60 or older) is a class B felony. Knowingly writing or passing a bad check (negotiating a worthless negotiable instrument) is a misdemeanor. Class penalties (HRS §§ 706-659, 706-660, 706-663, 706-640): Class A felony 20-year indeterminate term; Class B felony 10 years; Class C felony 5 years; misdemeanor up to 1 year and $2,000; petty misdemeanor up to 30 days and $1,000; a violation is not a crime and is punishable only by a fine (up to $1,000). |
| Blackmail (extortion) | Hawaii charges blackmail as extortion: obtaining someone's property, labor or services by threatening, among other things, to injure someone, damage property, commit a crime, accuse someone of an offense, expose a secret or embarrassing fact, or reveal information the person wants concealed. Extortion in the third degree is a misdemeanor; second degree (value over $50 in any twelve months) is a class C felony; first degree (value over $200 in any twelve months, or extortionate lending or collection) is a class B felony. Class penalties (HRS §§ 706-659, 706-660, 706-663, 706-640): Class A felony 20-year indeterminate term; Class B felony 10 years; Class C felony 5 years; misdemeanor up to 1 year and $2,000; petty misdemeanor up to 30 days and $1,000; a violation is not a crime and is punishable only by a fine (up to $1,000). |
Murder, manslaughter and other serious crimes
| Murder (first vs second degree) | Murder in the first degree is intentionally or knowingly killing in special circumstances: killing more than one person, killing a police officer, judge or prosecutor because of their duties, killing a witness, murder for hire, killing while imprisoned, killing a person protected by a restraining or police order, or killing a hostage or ransom victim. An offender 21 or older receives life without parole (with a required application to the governor for commutation after 20 years); an offender under 21 receives life with the possibility of parole. Murder in the second degree is any other intentional or knowing killing and carries life with the possibility of parole, or life without parole in cases of exceptional depravity under the enhanced-sentencing statute. |
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| Manslaughter (voluntary, involuntary, vehicular) | Manslaughter is recklessly causing another person's death or intentionally causing someone to commit suicide; it is a Class A felony (indeterminate 20 years). A murder charge is reduced to manslaughter if the defendant proves extreme mental or emotional disturbance with a reasonable explanation. Vehicle deaths are negligent homicide: first degree (negligent driving while under the influence, or negligently killing a pedestrian, cyclist or other vulnerable user) is a Class B felony (10 years), raised to Class A for a highly intoxicated driver, a driver with a prior OVUII conviction within 15 years, or one driving while revoked for OVUII; second degree (negligent driving causing death) is a Class C felony (5 years); third degree (simple negligence) is a misdemeanor. Negligent homicide: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0702_0005.htm, https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0703.htm, https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0704.htm. Class penalties (§§ 706-640, 706-659, 706-660, 706-663): Class A felony - indeterminate 20-year term and up to $50,000; Class B felony - 10 years and $25,000; |
| Child endangerment | Endangering the welfare of a minor in the first degree (a person with care or custody of a minor who intentionally or knowingly allows someone to inflict serious or substantial bodily injury on the minor, or causes or allows the minor to take a dangerous controlled drug not prescribed for them) is a Class C felony (5 years). Endangering the welfare of a minor in the second degree (doing those things recklessly, or a parent, guardian or other person knowingly endangering a minor's physical or mental welfare by violating a legal duty of care) is a misdemeanor (up to 1 year). Second degree: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0709/HRS_0709-0904.htm. A separate contributing-to-delinquency section was not read. Class penalties (§§ 706-640, 706-659, 706-660, 706-663): Class A felony - indeterminate 20-year term and up to $50,000; Class B felony - 10 years and $25,000; |
| Arson | Arson in the first degree is intentionally or knowingly setting a fire that knowingly puts another person in danger of death or bodily injury, or that damages another's property by more than $20,000; it is a Class A felony. Arson in the second degree (recklessly endangering a person, or damage over $1,500) is a Class B felony, and arson in the third degree (negligently endangering a person, or damage over $500) is a Class C felony. Arson in the fourth degree (any fire damaging another's property without consent) is a misdemeanor, but a Class C felony if set where and when a National Weather Service red flag warning is in effect. Class penalties (§§ 706-640, 706-659, 706-660, 706-663): Class A felony - indeterminate 20-year term and up to $50,000; Class B felony - 10 years and $25,000; |
| Human trafficking | Sex trafficking (advancing or profiting from prostitution compelled by force, threat, fraud, coercion or intimidation, or from the prostitution of anyone under 18) is a Class A felony (indeterminate 20 years and $50,000); the offender is strictly liable as to the victim's age. Labor trafficking in the first degree (obtaining a person's labor by force, fraud, debt bondage, threats, withholding ID documents or similar means) is also a Class A felony. Labor trafficking in the second degree (knowingly aiding or benefiting from a labor trafficking venture) is a Class B felony, or Class A if it involves kidnapping, sexual assault, attempted murder or a death, and any business license used must be revoked. Labor trafficking: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0781.htm, https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0782.htm. Class penalties (§§ 706-640, 706-659, 706-660, 706-663): Class A felony - indeterminate 20-year term and up to $50,000; Class B felony - 10 years and $25,000; |
| Money laundering | Money laundering (knowingly moving, acquiring or transacting with proceeds of specified unlawful activity to promote it, to hide its source or ownership, or to avoid a reporting requirement, or running a business that does so) applies only when the value is $8,000 or more. It is a Class C felony (5 years) when the value is under $10,000, with a fine of up to $16,000 or twice the property's value, and a Class B felony (10 years) at $10,000 or more, with a fine of up to $25,000 or twice the value. Class penalties (§§ 706-640, 706-659, 706-660, 706-663): Class A felony - indeterminate 20-year term and up to $50,000; Class B felony - 10 years and $25,000; |
Online crimes and teens
| Revenge porn (sharing intimate images) | Yes. Under violation of privacy in the first degree, knowingly disclosing or threatening to disclose an image or video of an identifiable person nude or engaged in sexual conduct without consent, with intent to substantially harm the person (in health, safety, career, finances, reputation or relationships) or as revenge, is a Class C felony (5 years and $10,000). It also covers creating or sharing fake (composite) sexual images that appear to show a real person. Images from voluntary public nudity or commercial transactions are excluded, and the court may order the images destroyed. No civil remedy appears in this section. Class penalties (§§ 706-640, 706-659, 706-660, 706-663): Class A felony - indeterminate 20-year term and up to $50,000; Class B felony - 10 years and $25,000; |
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| Cyberbullying | Harassment includes, with intent to harass, annoy or alarm, repeatedly making calls or sending any form of electronic communication (including email) without a legitimate purpose, repeatedly communicating anonymously or at very inconvenient hours, or continuing to communicate after being told it is unwelcome; it is a petty misdemeanor (up to 30 days and $1,000). The harassment section has no upgrade for minor victims. Class penalties (§§ 706-640, 706-659, 706-660, 706-663): Class A felony - indeterminate 20-year term and up to $50,000; Class B felony - 10 years and $25,000; |
| Sexting by minors | Hawaii has specific minor sexting offenses. A minor who knowingly sends a nude photo or video of themselves or another minor, or asks another minor to send one, commits promoting minor-produced sexual images in the second degree, a petty misdemeanor (up to 30 days); anyone who knowingly possesses such an image commits the same offense, with a defense for taking reasonable steps to destroy it. An adult 18 or older who asks or encourages a minor to send a nude image commits the first-degree offense, a misdemeanor (up to 1 year). First degree: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0712/HRS_0712-1215_0005.htm. Class penalties (§§ 706-640, 706-659, 706-660, 706-663): Class A felony - indeterminate 20-year term and up to $50,000; Class B felony - 10 years and $25,000; |
| Underage drinking and fake IDs | People under 21 may not buy or drink alcohol, possess it in public places, at public gatherings, on beaches or parks, or in a vehicle on a public road, or use a false, borrowed or fictitious ID to buy it (exceptions for delivering it for an employer, religious ceremonies, and authorized compliance checks or studies). For ages 18 to 20 a violation is a petty misdemeanor; those under 18 are handled in family court. Every violator must do 75 hours of community service and an alcohol education and counseling program, and the person's license or permit is suspended for at least 180 days (or, if unlicensed, eligibility is delayed until age 17 or for 180 days). Class penalties (§§ 706-640, 706-659, 706-660, 706-663): Class A felony - indeterminate 20-year term and up to $50,000; Class B felony - 10 years and $25,000; |
| Animal cruelty | Cruelty to animals in the first degree (intentionally or knowingly torturing, mutilating or poisoning a pet or horse causing serious injury or death, or killing another person's pet without authority) is a Class C felony (5 years), and the person may not own or possess any pet or horse for at least five years. Cruelty to animals in the second degree (overworking, beating, starving or needlessly killing an animal, depriving a pet of food or water, animal fighting, cruel confinement, or prohibited dog tethering) is a misdemeanor, or a Class C felony if it involves ten or more pets at once. Second degree: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0711/HRS_0711-1109.htm. Class penalties (§§ 706-640, 706-659, 706-660, 706-663): Class A felony - indeterminate 20-year term and up to $50,000; Class B felony - 10 years and $25,000; |
Everyday laws: driving, drinking, knives and fireworks
| Driving on a suspended license | Driving while your license is canceled, suspended or revoked carries a fine of up to $1,000, up to 30 days in jail, or both for a first offense; a second offense within five years brings a $500 to $1,000 fine, up to 1 year in jail, or both; and a third within five years is a Class C felony with possible vehicle forfeiture. If the license was revoked for impaired driving (OVUII), the penalties are mandatory: 3 to 30 days in jail, a $250 to $1,000 fine and an added one-year revocation for a first offense; 30 days, $1,000 and an added two years for a second within ten years; and 6 months to 1 year, $2,000 and permanent revocation for a third. Offense: https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0286/HRS_0286-0132.htm; |
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| Driving without a license | Driving without a license is punished like suspended-license driving: a fine of up to $1,000, up to 30 days in jail, or both for a first offense; a $500 to $1,000 fine and up to 1 year for a second within five years; and a Class C felony for a third within five years. A minor under family court jurisdiction instead loses the right to drive until 18 or pays a $500 fine. Drivers must carry the license and show it to police on demand, but a person who later shows the court a license valid at the time of the stop cannot be convicted of failing to carry it. Carrying: https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0286/HRS_0286-0116.htm. |
| Open container in a car | A driver may not drink alcohol or have an opened container (or one with a broken seal or partly emptied) while driving a car or moped on a public road; the penalty is a fine of up to $2,000, up to 30 days in jail, or both. A passenger may not drink alcohol or possess an opened container in a vehicle or on a moped on a public road; this is a petty misdemeanor (up to 30 days and $1,000). Passengers: https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291/HRS_0291-0003_0002.htm. |
| Jaywalking | A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles; between adjacent intersections with working traffic signals, pedestrians may cross only in a marked crosswalk, and they may not cross an intersection diagonally unless traffic-control devices allow it. A violation is fined $100. Source: Haw. Rev. Stat. § 291C-73 |
| Knife laws | Knowingly carrying a concealed dirk, dagger or other deadly or dangerous weapon is a misdemeanor (up to 1 year), as is carrying a concealed switchblade knife or butterfly knife; being lawfully in your own home is a defense. Possessing, using or threatening to use any of these weapons while committing another felony or misdemeanor is a separate Class C felony (5 years). Weapons seized after a conviction under the deadly-weapon section are destroyed. Switchblades: https://data.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0052.htm; butterfly knives: https://data.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0053.htm. Class penalties (§§ 706-640, 706-659, 706-660, 706-663): Class A felony - indeterminate 20-year term and up to $50,000; Class B felony - 10 years and $25,000; |
| Fireworks | Consumer fireworks may be set off only from 9 p.m. on New Year's Eve to 1 a.m. on New Year's Day, from 7 a.m. to 7 p.m. on Chinese New Year's Day, and from 1 p.m. to 9 p.m. on the Fourth of July, plus permitted cultural events. Firecrackers require a $25 permit (up to 5,000 firecrackers per permit), and aerial devices and display fireworks require a $110 permit; counties may adopt stricter rules for firecrackers. Possessing or setting off aerial or display fireworks without a permit is fined $300 under 5 pounds, a misdemeanor at 5 pounds, a Class C felony at 25 pounds and a Class B felony at 50 pounds; importing, storing or distributing without a license is a Class C or B felony; and other violations carry a $500 to $5,000 fine. Penalties rise if someone is injured or killed. Times: https://data.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0132D/HRS_0132D-0003.htm; permits: https://data.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0132D/HRS_0132D-0010.htm. Class penalties (§§ 706-640, 706-659, 706-660, 706-663): Class A felony - indeterminate 20-year term and up to $50,000; Class B felony - 10 years and $25,000; |
Kidnapping, threats and sex crimes
| Kidnapping | Kidnapping (intentionally or knowingly restraining someone to hold them for ransom or as a shield or hostage, to commit a felony, to injure them, to terrorize them or someone else, to interfere with a government function, or to obtain their labor or services) is a class A felony (20 years). It is reduced to a class B felony (10 years) if the defendant voluntarily released the victim alive, without serious or substantial injury, in a safe place before trial. Unlawful imprisonment in the first degree (restraining someone in circumstances that expose them to a risk of serious bodily injury) is a class C felony (5 years), and unlawful imprisonment in the second degree (any knowing restraint) is a misdemeanor (up to 1 year). Class terms (HRS §§ 706-659, 706-660, 706-663) and fines (§ 706-640): class A felony 20 years, $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days, $1,000. |
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| Criminal threats (terroristic threats) | Hawaii calls this 'terroristic threatening': threatening by word or conduct to injure someone, seriously damage their property or pets, or commit a felony, intending to terrorize (or recklessly) or to cause an evacuation. It is first degree, a class C felony (5 years), when the person threatens someone repeatedly or several people in a common scheme, threatens a public servant (including school workers) over their official duties or an on-duty emergency medical worker, uses a dangerous instrument or simulated firearm, or threatens someone protected by a court or police order; it is a class B felony (10 years) with a real or simulated firearm in certain listed places. Other terroristic threatening is second degree, a misdemeanor (up to 1 year). Class terms (HRS §§ 706-659, 706-660, 706-663) and fines (§ 706-640): class A felony 20 years, $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days, $1,000. |
| Sexual assault and rape | Hawaii grades sexual assault in four degrees. First degree (sexual penetration by strong compulsion, with a child under 14, with a 14- or 15-year-old by someone at least five years older, or with a person drugged without consent) is a class A felony (20 years). Second degree (penetration by compulsion, with a person mentally incapacitated or physically helpless, or by a jail, detention or law enforcement employee with a person in custody) is a class B felony (10 years). Third degree (sexual contact with a child under 14, sexual contact by strong compulsion, or reckless penetration by compulsion, among others) is a class C felony (5 years). Fourth degree (sexual contact by compulsion, indecent exposure that alarms someone, and similar acts) is a misdemeanor. Sex with a 14- or 15-year-old is covered on the age-of-consent page. Class penalties (Haw. Rev. Stat. §§ 706-640, 706-659, 706-660, 706-663, from the existing state record): class A felony indeterminate 20 years, up to $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days. |
| Child molestation (child sexual abuse) | Sexual penetration with a child under 14 is first-degree sexual assault, a class A felony (indeterminate 20 years), and sexual contact with a child under 14 is third-degree sexual assault, a class C felony (5 years). Continuous sexual assault of a minor under 14 (three or more acts of penetration or sexual contact over time by someone living with the child or having recurring access) is a class A felony. Sexual penetration or contact with a 14- or 15-year-old by someone at least five years older (and not married to the minor) is first- or third-degree sexual assault. Class penalties (Haw. Rev. Stat. §§ 706-640, 706-659, 706-660, 706-663, from the existing state record): class A felony indeterminate 20 years, up to $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days. |
| Child pornography (child sexual abuse material) | Hawaii calls this promoting child abuse. Producing child pornography, or making pornographic material or a performance using a minor, is first degree, a class A felony (20 years). Distributing, transmitting or copying it to distribute, or possessing 30 or more images when at least one shows a child under 12, sadomasochistic abuse or bestiality, is second degree, a class B felony (10 years). Knowingly possessing any child pornography is third degree, a class C felony (5 years). Class penalties (Haw. Rev. Stat. §§ 706-640, 706-659, 706-660, 706-663, from the existing state record): class A felony indeterminate 20 years, up to $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days. |
| Online solicitation of a minor | Electronic enticement of a child applies when someone uses a computer or other electronic device to communicate with a minor under 18 (or a person who claims to be under 18, such as an undercover officer), agrees to meet them intending to commit a felony, and travels to the meeting place at the agreed time. It is first degree, a class B felony (10 years, with an indeterminate prison term), when the intended crime is murder, a class A felony or another listed sex offense, and second degree, a class C felony (5 years), for any other felony. Class penalties (Haw. Rev. Stat. §§ 706-640, 706-659, 706-660, 706-663, from the existing state record): class A felony indeterminate 20 years, up to $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days. |
| Sex offender registration | Covered sex offenders register with the attorney general and, in person with the police chief, within three working days after arriving in Hawaii, being released from prison, or being placed on probation or parole; they report changes in registration information and appear in person every year within 30 days after their birthday. Tier 3 offenders and repeat offenders register for life (Tier 3 may petition after 40 years); Tier 2 may petition to end registration after 25 years with a clean record, and Tier 1 after 10 years. The court ends registration only on strong proof the person is very unlikely to reoffend and registration no longer protects the public. Failing to comply is a class C felony (5 years). Class penalties (Haw. Rev. Stat. §§ 706-640, 706-659, 706-660, 706-663, from the existing state record): class A felony indeterminate 20 years, up to $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days. |
Car theft, stolen property and drugs
| Car theft and joyriding | Stealing a motor vehicle or motorcycle is theft in the first degree, a class B felony (10 years), regardless of its value. Unauthorized control of a propelled vehicle (intentionally or knowingly operating someone else's vehicle without consent, or changing its identity without consent) is a class C felony (5 years); it is a defense that the person had authorization from the owner's agent, was lawfully repossessing it, or bought it reasonably believing they were the owner. Class terms (HRS §§ 706-659, 706-660, 706-663) and fines (§ 706-640): class A felony 20 years, $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days, $1,000. |
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| Receiving stolen property | Receiving stolen property (intentionally receiving, keeping or disposing of another's property knowing it was stolen, intending to deprive the owner) is a form of theft graded by value: $250 or less is theft in the fourth degree (petty misdemeanor, up to 30 days); more than $250 is third degree (misdemeanor, up to 1 year); more than $750 is second degree (class C felony, 5 years); and more than $20,000 is first degree (class B felony, 10 years). Theft of a firearm, explosives or a motor vehicle, or theft from the person of someone 60 or older, is first degree regardless of value. Class terms (HRS §§ 706-659, 706-660, 706-663) and fines (§ 706-640): class A felony 20 years, $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days, $1,000. |
| Drug trafficking and intent to distribute | Hawaii grades drug dealing as 'promoting a dangerous drug.' Distributing any dangerous drug in any amount is second degree, a class B felony (10 years). Distributing one-eighth ounce or more of methamphetamine, heroin, morphine, fentanyl or cocaine (three-eighths ounce of other dangerous drugs, or 25 or more doses), possessing one ounce or more of those drugs (one and one-half ounces of others), distributing a dangerous drug (other than methamphetamine) to a minor, or manufacturing one is first degree, a class A felony (20 years). Class terms (HRS §§ 706-659, 706-660, 706-663) and fines (§ 706-640): class A felony 20 years, $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days, $1,000. |
| Prescription drug fraud | Obtaining or trying to obtain a controlled substance by fraud, deceit, misrepresentation, embezzlement or theft, by forging or altering a prescription, by giving false medical information or hiding a material fact, by using a false name, patient number or address, or by misusing a practitioner's call-in number or electronic prescription system, is a class C felony (up to 5 years, $10,000). Class terms (HRS §§ 706-659, 706-660, 706-663) and fines (§ 706-640): class A felony 20 years, $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days, $1,000. |
Driving and boating
| Vehicular assault | Negligent injury in the first degree (causing serious bodily injury to another person, or substantial bodily injury to a pedestrian, cyclist or other vulnerable road user, by operating a vehicle negligently) is a class C felony (5 years). Negligent injury in the second degree (causing substantial bodily injury by negligent operation of a vehicle) is a misdemeanor (up to 1 year). Class terms (HRS §§ 706-659, 706-660, 706-663) and fines (§ 706-640): class A felony 20 years, $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days, $1,000. |
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| Street racing | Driving in or taking part in a race, speed contest, drag race, acceleration contest, endurance test or speed exhibition on a highway is punishable by a fine of up to $500, up to 6 months in jail, or both; an exhibition of speed or acceleration alone is punished by a fine of up to $500, community service, or both. A violation that involves exceeding the speed limit by 30 mph or more carries up to a $2,000 fine and 1 year in jail, a 1-year license suspension with one prior conviction within 5 years, and a 3-year suspension plus possible vehicle forfeiture with two priors. The structure of § 291C-103(c) (speed-limit-related enhancements) was read through a summary and should be checked. Source: HRS § 291C-103 |
| Boating under the influence (BUI) | Hawaii's impaired-operation law (operating a vehicle under the influence of an intoxicant, OVUII) applies to boats, because 'vehicle' includes a vessel underway on state waters. It covers operating while impaired by alcohol or drugs or with 0.08 or more grams of alcohol in breath or blood. A first offense brings a substance abuse program, a 1-year to 18-month revocation, and 72 hours of community service, 48 hours to 5 days in jail, or a $250 to $1,000 fine; a second offense within 10 years brings a 2- to 3-year revocation, 240 hours of community service or 5 to 30 days in jail, and a $1,000 to $3,000 fine. Highly intoxicated operators face added jail and revocation time. Definitions (vehicle includes vessel): https://data.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291E/HRS_0291E-0001.htm . Source: HRS §§ 291E-1, 291E-61 |
Fraud, bribery and tax crimes
| Insurance fraud | Insurance fraud (intentionally or knowingly misrepresenting or hiding material facts to get insurance coverage, benefits or payment, including false applications or claims, duplicate claims, and fabricating or destroying documents) is graded by the value obtained or sought: a misdemeanor (up to 1 year) for $750 or less, a class C felony (5 years) for more than $750 up to $20,000, and a class B felony (10 years) for more than $20,000. Class terms (HRS §§ 706-659, 706-660, 706-663) and fines (§ 706-640): class A felony 20 years, $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days, $1,000. Source: HRS § 431:2-403 |
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| Welfare and unemployment fraud | Knowingly obtaining, selling, trading or buying food benefits (food stamps, coupons or EBT cards) without entitlement, getting emergency assistance one is not entitled to, or transferring assets to qualify for assistance is a misdemeanor (up to 1 year); food benefit fraud involving more than $300 is a class C felony (5 years), and more than $20,000 a class B felony (10 years). A recipient who willfully fails to report new income or resources within 30 days commits a petty misdemeanor, and benefits obtained by fraud are a debt to the State or may be ordered repaid as restitution. Unemployment fraud (knowingly lying or hiding a fact to get or increase benefits) is a misdemeanor for $300 or less and a class C felony above $300, with each false statement a separate offense. Unemployment: https://data.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0383/HRS_0383-0141.htm . Class terms (HRS §§ 706-659, 706-660, 706-663) and fines (§ 706-640): class A felony 20 years, $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days, $1,000. |
| Bribery | Bribery (giving, offering or agreeing to give a public servant any money benefit to influence their official action, or a public servant asking for or accepting one) is a class B felony (10 years, $25,000), and a person convicted cannot get a deferred acceptance of a guilty or no-contest plea. Commercial bribery (giving a benefit to an agent or appraiser to influence their conduct or judgment, or an agent accepting one) is a misdemeanor (up to 1 year), or a class C felony (5 years) if the benefit is worth more than $1,000. Class terms (HRS §§ 706-659, 706-660, 706-663) and fines (§ 706-640): class A felony 20 years, $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days, $1,000. |
| State tax evasion | Willfully attempting to evade or defeat any state tax or its payment is a class C felony punishable by up to 5 years in prison, a fine of up to $100,000 ($500,000 for a corporation), probation, or a combination. Willfully filing a return or document believed to be false in a material way, or helping prepare one, is a class C felony with up to $100,000 in fines and up to 3 years in prison. Willfully failing to file a return, keep records, supply information or get a required license is a misdemeanor with up to a $25,000 fine ($100,000 for a corporation) and 1 year in jail. Source: HRS §§ 231-34, 231-35, 231-36 |
| Computer hacking and cybercrime | Knowingly accessing a computer, system or network without authorization is unauthorized computer access in the third degree, a class C felony (5 years). If the person thereby obtains information it is second degree, a class B felony (10 years). It is first degree, a class A felony (20 years), if the access was for financial gain or to further another crime, the information is worth more than $20,000, or the information is legally protected from disclosure. Class penalties (Haw. Rev. Stat. §§ 706-640, 706-659, 706-660, 706-663, from the existing state record): class A felony indeterminate 20 years, up to $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days. |
Guns, recording, courts and juveniles
| Felon in possession of a firearm | No one convicted (or currently being prosecuted) anywhere for a felony, a crime of violence, a firearms offense or illegal drug sale may own, possess or control a firearm or ammunition, and such people must surrender or dispose of their guns. A felon who violates the ban commits a class B felony (10 years), with a mandatory indeterminate prison term if the prior felony was a crime of violence; other prohibited persons commit a class C felony. A person barred only by a non-felony conviction may possess firearms again after 20 years if no other law bars them; the statute gives no restoration route for felony convictions. Class penalties (Haw. Rev. Stat. §§ 706-640, 706-659, 706-660, 706-663, from the existing state record): class A felony indeterminate 20 years, up to $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days. |
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| Recording conversations (one-party consent) | Hawaii is generally a one-party consent state. Intercepting a phone call, electronic communication or oral conversation is a class C felony (5 years), but a person who is a party to the communication, or who has the prior consent of one party, may record it unless the purpose is to commit a criminal or tortious act. The statute separately requires the consent of the people entitled to privacy before a recording device is installed in a private place. Class penalties (Haw. Rev. Stat. §§ 706-640, 706-659, 706-660, 706-663, from the existing state record): class A felony indeterminate 20 years, up to $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days. |
| Filing a false police report | Intentionally making, or causing someone to send, a report to law enforcement about a crime or other incident that the person knows is false is false reporting to law enforcement authorities, a misdemeanor (up to 1 year). The statute has no separate felony grade or swatting provision. Class penalties (Haw. Rev. Stat. §§ 706-640, 706-659, 706-660, 706-663, from the existing state record): class A felony indeterminate 20 years, up to $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days. Source: Haw. Rev. Stat. § 710-1015 |
| Hate crimes | Hawaii has no separate hate crime offense; bias supports an extended prison term. A person convicted of a felony against a person or property (chapters 707, 708 or 711) who intentionally chose the victim or property because of hostility toward actual or perceived race, religion, disability, ethnicity, national origin, gender identity or expression, or sexual orientation is a 'hate crime offender.' If a jury finds this beyond a reasonable doubt and that a longer term is needed to protect the public, the court may impose an extended term: an indeterminate life term for a class A felony, 20 years for class B and 10 years for class C. Class penalties (Haw. Rev. Stat. §§ 706-640, 706-659, 706-660, 706-663, from the existing state record): class A felony indeterminate 20 years, up to $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days. |
| Parole violation | Hawaii still has parole: felony sentences are indeterminate, and the Hawaii Paroling Authority sets the minimum term and decides release. The authority may suspend parole and order a parolee arrested and returned to custody, and it must hold a revocation hearing within 60 days after the parolee's return, with notice of the alleged violations and a chance to be heard (no hearing is needed after a new Hawaii prison sentence or if the parolee left the state without permission). Parole may be revoked only for a stated cause; for certain technical violations confinement is limited to six months or the unserved term, and no one may be held past the maximum term. § 353-66: https://data.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0353/HRS_0353-0066.htm . |
| Violating a restraining order | Knowingly violating a protective order issued in a domestic abuse case is a misdemeanor (up to 1 year). A first conviction carries a mandatory minimum of 5 days in jail, and a second or later conviction for violating the same order (or a related temporary restraining order in the same case) carries a mandatory minimum of 45 days. The protective order statute sets no felony grade. Class penalties (Haw. Rev. Stat. §§ 706-640, 706-659, 706-660, 706-663, from the existing state record): class A felony indeterminate 20 years, up to $50,000; class B 10 years, $25,000; class C 5 years, $10,000; misdemeanor up to 1 year, $2,000; petty misdemeanor up to 30 days. Source: Haw. Rev. Stat. § 586-11 |
| Juveniles tried as adults | Hawaii has no automatic adult prosecution; the family court decides through a waiver hearing. It may waive jurisdiction for a minor 16 or older charged with a felony, and for a minor 14 or older charged with a felony that caused serious bodily injury, would be a class A felony, or follows more than one prior felony-level adjudication; minors of any age charged with first- or second-degree murder or attempted murder may also be waived. The court must find no evidence the minor is committable to a mental health or disability institution (and, for 16- and 17-year-olds, that the minor is untreatable in available facilities or community safety requires restraint beyond minority), weighing seriousness, violence, maturity, record and the prospects for rehabilitation. Source: Haw. Rev. Stat. § 571-22 |
Death penalty, three strikes and rights after a felony
| Death penalty | Hawaii's most severe sentence is life imprisonment without the possibility of parole, which applies to first-degree murder committed by someone 21 or older (raised from 18 by Act 152 of 2025); the court must also start an application to the governor to commute the sentence to life with parole eligibility after 20 years. Second-degree murder carries life with the possibility of parole, with life without parole available as an enhanced sentence. The murder sentencing section does not provide for a death sentence. |
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| Three strikes and habitual offender laws | Hawaii's repeat offender law sets mandatory minimum prison terms without parole when a person with prior felony convictions is convicted of second-degree murder, a class A or B felony, or one of about 30 listed class C felonies (such as second-degree assault, burglary or theft). For second-degree murder the minimums are 10, 20 and 30 years for one, two, and three or more priors; for a class A felony 6 years 8 months, 13 years 4 months and 20 years; for a class B felony 3 years 4 months, 6 years 8 months and 10 years; and for a listed class C felony 1 year 8 months, 3 years 4 months and 5 years. A court may impose a lesser minimum for strong mitigating circumstances, with a written explanation. Class penalties (Haw. Rev. Stat. §§ 706-640, 706-659, 706-660, 706-663, from the existing state record): class A felony 20 years; class B 10 years; class C 5 years; misdemeanor up to 1 year; petty misdemeanor up to 30 days. |
| Voting with a felony conviction | A person sentenced for a felony loses the right to vote from sentencing until final discharge, but a person placed on probation, or paroled after imprisonment, may vote during the probation or parole. In practice, people lose the vote only while they are incarcerated for a felony, and it returns on release to parole, on probation, or on final discharge. Source: Haw. Rev. Stat. § 831-2(a) |
| Restoring rights after a felony | Voting returns on parole, probation or final discharge, and the bar on running for or holding public office lasts until final discharge (a public office held at conviction is forfeited). Jury service: a person convicted of a felony is disqualified only until 'finally discharged or pardoned.' Firearms: a felony conviction bars owning or possessing firearms and ammunition, and the statute gives no restoration route for felony convictions. Pardons are granted by the governor; the director of corrections and the Hawaii paroling authority consider applications the governor refers to them and make a recommendation. |
Is it legal? Delta-8, mushrooms, kratom, CBD and vaping
| Delta-8 and hemp THC products | Hawaii's Department of Health hemp rules ban hemp products containing artificially or synthetically derived cannabinoids, and the department counts delta-8 THC together with delta-9 and THCA toward 'total THC.' Under the interim rules effective January 28, 2026, manufactured hemp products must stay at or below 0.3% total THC and meet product-specific limits (for example 1 mg total THC per gummy and 5 mg per container; 0.5 mg per beverage container; oil tinctures 3 mg per serving and 85 mg per container), carry a 'Not for sale to persons under the age of 21' statement on edibles, and be sold only by businesses holding a DOH certificate of registration. Vapes and other inhaled hemp products, hemp flower, hemp cigarettes and cigars, and crude extract sold to consumers are prohibited. Read in the Department of Health's official summary of the interim rules (Rev. 4, June 2026), which says it does not replace the rule text. |
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| Magic mushrooms (psilocybin) | Psilocybin and psilocyn are Schedule I controlled substances in Hawaii, and possessing any amount of a 'dangerous drug' is promoting a dangerous drug in the third degree, a class C felony (up to 5 years). No psilocybin therapy program has been enacted in the statutes read. Class penalties (Haw. Rev. Stat. §§ 706-640, 706-659, 706-660, 706-663, from the existing state record): class A felony 20 years; class B 10 years; class C 5 years; misdemeanor up to 1 year; petty misdemeanor up to 30 days. |
| CBD | Hemp CBD products are legal in Hawaii only in the forms and limits allowed by the Department of Health's hemp rules: edible products such as tablets, capsules, powders, softgels, oil-based tinctures, gummies and beverages, plus topicals, made by a DOH-permitted hemp processor, lab-tested for cannabinoids and contaminants, labeled with cannabinoid content per serving and a link to lab results, and kept at or below 0.3% total THC and the per-product THC limits. Adding CBD or other cannabinoids to other foods is prohibited, as are inhaled hemp products, hemp flower, and products making unsubstantiated health claims. Businesses selling hemp products need a DOH certificate of registration (interim rules effective January 28, 2026). Read in the Department of Health's official summary of the interim rules (Rev. 4, June 2026), which says it does not replace the rule text. |
| Smoking and vaping age | The minimum age to buy tobacco products and electronic smoking devices in Hawaii is 21, and retailers must check ID for buyers who reasonably appear under 27. A seller who sells or gives these products to someone under 21 is fined $500 for a first offense and $500 to $2,000 for later offenses. A person under 21 who buys or possesses tobacco or an e-cigarette is fined $10 for a first offense and $50 (or 48 to 72 hours of community service) for later offenses, and the product is seized and forfeited. Source: Haw. Rev. Stat. § 712-1258 |
Elder abuse, voyeurism and assaulting an officer
| Elder abuse | Hawaii adds mandatory minimum prison terms, without parole, when a person committing a felony causes death or serious or substantial bodily injury to someone 60 or older (or a blind, paraplegic or quadriplegic person, or a child 8 or younger): 15 years for second-degree murder, 6 years 8 months for a class A felony, 3 years 4 months for class B and 1 year 8 months for class C. Source: Haw. Rev. Stat. § 706-660.2 |
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| Voyeurism (peeping tom) | Hawaii calls this violation of privacy. Secretly installing or using a device in a private place to watch or record someone who is undressed or engaged in sexual activity, or disclosing (or threatening to disclose) nude or sexual images without consent to harm or get revenge (including fake 'deepfake' images), is violation of privacy in the first degree, a class C felony (up to 5 years). Peeping into windows of a home or lodging, trespassing to spy, installing other hidden recording devices in private places, upskirt recording in public, and possessing images made illegally are violation of privacy in the second degree, a misdemeanor (up to 1 year). Courts may order illegal recordings destroyed. Second degree: https://data.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0711/HRS_0711-1111.htm . Class penalties (Haw. Rev. Stat. §§ 706-640, 706-659, 706-660, 706-663, from the existing state record): class A felony 20 years; class B 10 years; class C 5 years; misdemeanor up to 1 year; petty misdemeanor up to 30 days. |
| Assaulting a police officer | Intentionally or knowingly causing bodily injury to a law enforcement officer on duty (or recklessly or negligently injuring one with a dangerous instrument) is assault against a law enforcement officer in the first degree, a class C felony, with a mandatory sentence of either 5 years' imprisonment or 5 years' probation including at least 30 days in jail. Recklessly causing bodily injury to an officer is second-degree assault against an officer, a misdemeanor with at least 30 days in jail that cannot be suspended or replaced by probation. Class penalties (Haw. Rev. Stat. §§ 706-640, 706-659, 706-660, 706-663, from the existing state record): class A felony 20 years; class B 10 years; class C 5 years; misdemeanor up to 1 year; petty misdemeanor up to 30 days. |
Criminal Law FAQ
What are the felony classes and maximum sentences in Hawaii?
Crimes are of three grades: felonies, misdemeanors and petty misdemeanors. Felonies include murder and attempted murder in the first and second degrees and Class A, B and C felonies (§ 701-107). Class A felony: an indeterminate term of imprisonment of twenty years, without suspension of sentence or probation (with exceptions for certain drug and other offenses) (§ 706-659). Class B felony: ten years; Class C felony: five years (§ 706-660(1)). The paroling authority sets the minimum term. Maximum fines (§ 706-640(1)): Class A felony (and first- or second-degree murder or attempted murder) — $50,000; Class B — $25,000; Class C — $10,000.
What are the misdemeanor classes and penalties in Hawaii?
Misdemeanor: a definite term not to exceed one year; petty misdemeanor: not to exceed thirty days (§ 706-663). Maximum fines: misdemeanor — $2,000; petty misdemeanor or violation — $1,000 (§ 706-640(1)). A violation 'does not constitute a crime'; it is a non-criminal offense punishable only by a fine, forfeiture or civil penalty (§ 701-107).
How much do you have to steal for it to be a felony in Hawaii?
Theft becomes a felony (theft in the second degree, Class C felony) when the value of the property or services exceeds $750. Theft in the first degree (Class B felony): value exceeds $20,000. Theft in the third degree (misdemeanor): value exceeds $250 (or gasoline/diesel/related petroleum propellants of any value not exceeding $750).
Is Hawaii a stand your ground state?
Hawaii has a duty to retreat outside the home and workplace. Deadly force is not justifiable if 'The actor knows that he can avoid the necessity of using such force with complete safety by retreating' or by surrendering possession of a thing to a person asserting a claim of right to it, or by complying with a demand to abstain from an action he has no duty to take — except that the actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be.
Does Hawaii have a castle doctrine?
No duty to retreat from one's dwelling or place of work unless the actor was the initial aggressor (or, at work, is assailed by a co-worker at their shared place of work) (§ 703-304(5)(b)(i)). Deadly force for the protection of property is justifiable only if the person is attempting to dispossess the actor of the actor's dwelling otherwise than under a claim of right to its possession, or is attempting to commit felonious property damage, burglary, robbery or felonious theft and either has employed or threatened deadly force against or in the presence of the actor, or using less than deadly force would expose the actor or another person present to substantial danger of serious bodily injury (§ 703-306(3)).
What is the statute of limitations for crimes in Hawaii?
May be commenced at any time: murder, attempted murder, criminal conspiracy or solicitation to commit murder, sexual assault in the first and second degrees, sex trafficking, and continuous sexual assault of a minor under fourteen (§ 701-108(1)). Manslaughter (not caused by a motor vehicle): within ten years. Class A felony: within six years. Any other felony: within three years. Misdemeanor (or parking violation): within two years. Petty misdemeanor or non-parking violation: within one year. For certain felonies under chapter 707, parts V or VI, the period does not run during any time when the victim is alive and under eighteen years of age.
How does bail work in Hawaii?
Before conviction, a defendant 'may be admitted to bail before conviction as a matter of right' for bailable offenses, and bail is set under 'the least restrictive conditions required to ensure the defendant's appearance and to protect the public' (§ 804-4). Bail may be denied where the charge is for a serious crime and there is a serious risk of flight, obstruction of justice or witness intimidation, danger to any person or the community, or likely further illegal activity; and if, after a hearing, the court finds no condition or combination of conditions will reasonably assure appearance or the safety of any other person or the community (§ 804-3). The amount of bail rests in the discretion of the justice, judge or the officers named in § 804-5, and 'shall be set in a reasonable amount based upon all available information, including the offense alleged, the possible punishment upon conviction, and the defendant's financial ability to afford bail'; it should be determined 'as not to suffer the wealthy to escape by the payment of a pecuniary penalty, nor to render the privilege useless to the poor' (§ 804-9).
How do you get a public defender in Hawaii?
An indigent person who is arrested for, charged with, or convicted of an offense punishable by confinement in jail or prison is entitled to be represented by a public defender; the court may appoint other counsel for a conflict of interest or in the interests of justice (§ 802-1). Unless the court orders otherwise, the determination of indigency is made by a public defender, subject to review by the court, based on an appropriate inquiry into the person's finances and an affidavit or certificate signed by the person demonstrating financial inability to obtain counsel. A person waives the right to counsel by refusing to furnish information pertinent to the indigency determination (§ 802-4).
What is the age of consent in Hawaii?
Sexual assault in the first degree (Class A felony) includes knowingly engaging in sexual penetration with a person less than fourteen years old, or with a person 'at least fourteen years old but less than sixteen years old' where the actor is 'No less than five years older than the minor' and 'Not legally married to the minor.' This makes 16 the age of consent, with a close-in-age exception where the actor is less than five years older than a 14- or 15-year-old.
Is marijuana legal in Hawaii?
Adult-use marijuana is not legalized in the statutes read; small amounts are decriminalized. Knowingly possessing any marijuana in any amount is promoting a detrimental drug in the third degree, a petty misdemeanor, except that 'possession of three grams or less of marijuana is a violation, punishable by a fine of $130' (§ 712-1249). Medical use: permitted for a qualifying patient eighteen or older whose physician, advanced practice registered nurse or hospice provider has documented the qualifying determination and explained the risks and benefits, if the amount does not exceed an 'adequate supply' — 'ten cannabis plants, whether immature or mature, and four ounces of usable cannabis at any given time' (§§ 329-121, 329-122).
Is assault a felony in Hawaii?
Hawaii grades assault by the injury caused. Assault in the third degree, intentionally, knowingly or recklessly causing bodily injury (or negligently causing it with a dangerous instrument), is a misdemeanor (up to one year and $2,000), or a petty misdemeanor if it happened in a fight or scuffle entered into by mutual consent. Assault in the second degree, a class C felony (five years), includes causing substantial bodily injury, recklessly causing serious bodily injury, injuring someone with a dangerous instrument, and injuring protected workers such as correctional, school, emergency-room, health-care, fire and lifeguard personnel, or a person protected by a restraining order. Assault in the first degree, intentionally or knowingly causing serious bodily injury, or substantial bodily injury to a person 60 or older, is a class B felony (ten years).
Is battery a felony in Hawaii?
Hawaii has no crime called battery. Offensive touching without injury, such as striking, shoving or kicking someone with intent to harass, annoy or alarm, is harassment, a petty misdemeanor (up to 30 days and $1,000). Touching that causes bodily injury is charged as assault in the first, second or third degree. Offensive contact with a family or household member is covered by the abuse of family or household members statute; see domestic violence.
Is domestic violence a felony in Hawaii?
Hawaii has a separate crime, abuse of family or household members: physically abusing a family or household member, or refusing a police officer's lawful order to leave the premises for a cooling-off period. It is a misdemeanor with a mandatory minimum of forty-eight hours in jail for a first offense and thirty days for a second offense within one year of the first conviction, and a third or later offense within two years of a second conviction is a class C felony (five years). Impeding someone's breathing or blood circulation by pressure on the throat, neck or chest, or by blocking the nose and mouth, is a class C felony even without visible injury, as is abuse committed in the presence of a family or household member under fourteen. Offensively touching a family or household member, or exercising coercive control over one, is a petty misdemeanor. Anyone sentenced or granted a deferral must complete a domestic violence intervention or anger management course.
What is the penalty for shoplifting in Hawaii?
Shoplifting is a form of theft in Hawaii: concealing or taking possession of a store's merchandise with intent to defraud, or altering price tags. It is graded by value; theft of property worth $250 or less is theft in the fourth degree, a petty misdemeanor (up to 30 days and $1,000), and theft of property worth more than $250 is theft in the third degree, a misdemeanor (up to one year and $2,000). Under the civil shoplifting law, a shoplifter is liable to the store for actual damages plus a $75 civil penalty if the store makes a written demand, or, if the store sues, actual damages, the $75 penalty and an added civil penalty of $50 to $500 for the costs of suit; no criminal conviction is required, and claims may be brought in small claims court.
What is the difference between burglary and robbery in Hawaii?
Burglary is intentionally entering or remaining unlawfully in a building intending to commit a crime against a person or property there. Burglary in the second degree is a class C felony (five years); it becomes burglary in the first degree, a class B felony (ten years), when the person is armed with a dangerous instrument, injures or tries to injure someone, or recklessly disregards the risk that the building is someone's dwelling and it is. Robbery is using or threatening force while committing a theft or taking a motor vehicle. Robbery in the second degree (using force to overcome resistance, threatening imminent force, or recklessly causing serious bodily injury) is a class B felony; robbery in the first degree (attempting to kill, intentionally causing or trying to cause serious bodily injury, being armed with a dangerous instrument, electric gun or simulated firearm while using or threatening force, or robbing during a declared emergency) is a class A felony (twenty years).
Is vandalism a felony in Hawaii?
Vandalism is called criminal property damage in Hawaii. Intentionally or knowingly damaging another person's property without consent is fourth degree, a petty misdemeanor (up to 30 days). Damage over $500 is third degree, a misdemeanor (up to one year); damage over $1,500 is second degree, a class C felony (five years); and damage over $20,000, damage that recklessly endangers someone's life or safety, or damage during a declared emergency is first degree, a class B felony (ten years). Higher grades with mandatory jail apply to damage to agricultural or aquacultural property. Graffiti is charged as criminal property damage, and the person must also remove the graffiti and, for up to two years, remove other graffiti within 250 yards of the site (or perform 100 hours of community service).
Is trespassing a crime in Hawaii?
Knowingly entering or remaining unlawfully on any premises is simple trespass, a violation (fine only). Criminal trespass in the second degree, a petty misdemeanor (up to 30 days), covers entering fenced or enclosed premises, staying on commercial premises after a written warning to leave issued within the past year, and entering certain fenced or posted unimproved land. Criminal trespass in the first degree, a misdemeanor (up to one year and $2,000), covers knowingly entering or remaining unlawfully in a dwelling or on hotel or apartment premises, entering fenced premises while carrying a firearm, and staying on school grounds after a warning to leave (no warning is needed between 10 p.m. and 5 a.m.).
What are the penalties for drug possession in Hawaii?
Knowingly possessing any amount of a dangerous drug is promoting a dangerous drug in the third degree, a class C felony (five years and $10,000). Using or possessing drug paraphernalia is a violation subject to a fine of no more than $500, not a crime. A nonviolent person convicted for the first or second time of felony drug possession (other than certain methamphetamine offenses) who is assessed as needing treatment may be sentenced to probation with a substance abuse treatment program instead of prison; after completing treatment and probation, a first-time participant may apply once to have the conviction record expunged.
Is a hit and run a felony in Hawaii?
A driver in a collision must stop and remain at the scene until giving information and aid. Leaving the scene of a collision that causes bodily injury is a misdemeanor (up to one year); substantial bodily injury, a class C felony (five years); and serious bodily injury or death, a class B felony (ten years) with revocation of the driver's license. Each carries an added surcharge for the neurotrauma special fund. Leaving the scene of a collision that damages only a vehicle or property that is driven or attended is also prohibited, but § 291C-13 itself states only a possible surcharge of up to $100.
Is reckless driving a crime in Hawaii?
Reckless driving is operating any vehicle (or riding an animal) recklessly in disregard of the safety of persons or property. It is punishable by a fine of not more than $1,000, imprisonment of not more than thirty days, or both.
Is harassment a crime in Hawaii?
Harassment is a petty misdemeanor (up to 30 days and $1,000): with intent to harass, annoy or alarm, offensively touching someone, insulting or challenging them in a way likely to provoke violence or cause fear of injury, repeatedly calling, texting or emailing without a legitimate purpose, communicating anonymously or at extremely inconvenient hours, continuing to communicate after being told it is unwelcome, or using threatening coarse language. Harassment by stalking, a course of pursuit, surveillance or nonconsensual contact (in person, by phone or by electronic communication) on more than one occasion without legitimate purpose, is a misdemeanor (up to one year and $2,000), and the court may order counseling. Aggravated harassment by stalking, a repeat stalking offense within five years of a prior harassment-by-stalking conviction, is a class C felony (five years).
Is resisting arrest a felony in Hawaii?
Resisting arrest is intentionally preventing a law enforcement officer from making an arrest by using or threatening physical force, or by any other means creating a substantial risk of bodily injury; it is a misdemeanor (up to one year and $2,000). Intentionally disobeying an officer's direction to stop a motor vehicle and, while fleeing, driving in reckless disregard of others' safety or at 30 mph or more over the speed limit or 80 mph or more is resisting an order to stop a motor vehicle in the first degree, a class C felony (five years).
What happens if you miss a court date in Hawaii?
Hawaii calls missing a required court date after release bail jumping. If the person was released (with or without bail) on a felony charge and knowingly fails to appear as ordered, it is bail jumping in the first degree, a class C felony (up to 5 years). If the charge was a misdemeanor or petty misdemeanor, it is bail jumping in the second degree, a misdemeanor (up to 1 year and a $2,000 fine).
What happens if you violate probation in Hawaii?
In Hawaii, a judge decides probation violations after a hearing, on application of the probation officer, prosecutor or defendant, or on the court's own motion. All sides get written notice of the hearing and the grounds, may present evidence, and the defendant has the right to a lawyer; the Hawaii rules of evidence do not apply except for privileges. The court must revoke probation if the defendant inexcusably failed to comply with a substantial condition or was convicted of a felony, and may revoke it for conviction of another (non-felony) crime; it may instead modify or add conditions if that will help the defendant lead a law-abiding life. On revocation, the court may impose any sentence that could originally have been imposed. For drug-possession or drug-use violations, the court may require substance abuse treatment, and for violations linked to a mental disorder, mental health treatment, as a condition of continued probation.
Is obstruction of justice a felony in Hawaii?
Hawaii has several obstruction offenses. Obstructing government operations (using or threatening violence, force or a physical obstacle to intentionally hinder a public servant or police officer, other than an arrest) is a misdemeanor; recording or photographing police in public is expressly not covered. Intimidating a witness by force or threat is a class C felony (up to 5 years), while tampering with a witness (trying to get a witness to lie or stay away) and tampering with or fabricating physical evidence are misdemeanors (up to 1 year).
Is perjury a felony in Hawaii?
Perjury in Hawaii is making a materially false statement, which the person does not believe to be true, under oath in an official proceeding; it is a class C felony (up to 5 years). False swearing in official matters (a false sworn statement in an official proceeding or meant to mislead a public servant, without the materiality requirement) is a misdemeanor (up to 1 year and $2,000).
What is a disorderly conduct charge in Hawaii?
Disorderly conduct in Hawaii means acting with intent to cause public inconvenience or alarm (or recklessly risking it) by fighting or threatening or violent behavior, making unreasonable noise, using offensively coarse behavior or abusive language likely to provoke violence, creating a hazardous or physically offensive condition, or obstructing people in public to beg. It is a petty misdemeanor (up to 30 days and $1,000) if the person intends substantial harm or serious inconvenience or keeps going after a reasonable warning to stop; otherwise it is a violation (a non-criminal offense punishable by a fine).
What is the penalty for indecent exposure in Hawaii?
Indecent exposure in Hawaii is intentionally exposing one's genitals to a person one is not married to, in circumstances likely to cause affront. It is a petty misdemeanor, punishable by up to 30 days in jail and a $1,000 fine. The indecent exposure statute itself does not provide a felony grade.
Is prostitution illegal in Hawaii?
Selling sex (engaging in, agreeing or offering to engage in sexual conduct for a fee or anything of value) is prostitution, a petty misdemeanor; a first offense carries a fine of $500 to $1,000 and up to 30 days or probation, and a later offense requires the fine plus 30 days or probation with no deferral. If the person is a minor, it is only a violation, handled through family court. Buying sex is a separate offense, commercial sexual exploitation, also a petty misdemeanor with a $500 to $1,000 fine and up to 30 days; it is a class C felony if the buyer acts in reckless disregard that the person is a sex-trafficking victim, and a misdemeanor if committed within 750 feet of a school or public park. People who in good faith seek medical or police help cannot be prosecuted for prostitution based on evidence gained from that call.
Is gambling legal in Hawaii?
Hawaii's penal code makes knowingly participating in any gambling activity a misdemeanor (up to 1 year and $2,000). Promoting gambling is a felony: second degree (negligently advancing or profiting from gambling) is a class C felony, and first degree (for example bookmaking with more than five bets totaling more than $500 in seven days, or taking in more than $1,000 in a lottery or other gambling scheme in seven days) is a class B felony (up to 10 years). Private social gambling is an affirmative defense if players compete on equal terms, no one but the players profits, all players are adults, it is not bookmaking, and it does not take place in a business, hotel, bar, restaurant, park, beach or other public area.
Is embezzlement a felony in Hawaii?
Hawaii has no separate embezzlement crime; it is charged as theft. The theft statute includes 'failure to make required disposition of funds': intentionally getting property under an agreement or legal obligation to pay it or deal with it a certain way, then treating it as one's own and failing to make the required payment or disposition. It also covers obtaining or exercising unauthorized control over property and obtaining it by deception. The grade depends on value: theft in the third degree (over $250) is a misdemeanor, theft in the second degree (over $750) is a class C felony, and theft in the first degree (over $20,000) is a class B felony.
Is identity theft a felony in Hawaii?
Identity theft in Hawaii is transmitting another person's personal information (orally, in writing or electronically) with intent to commit theft or another crime, and it is always a felony. It is a class C felony (up to 5 years) when the intent is third- or fourth-degree theft, a class B felony (up to 10 years) when the intent is second-degree theft, and a class A felony (20 years) when the intent is first-degree theft or facilitating serious crimes such as murder, kidnapping or extortion. Fraudulent use of a credit card (or card number) is a class C felony if more than $300 is obtained or attempted in any six-month period, and a misdemeanor if $300 or less.
Is forgery a felony in Hawaii?
Forgery means falsely making, completing, endorsing or altering a written instrument, or passing (uttering) a forged one, with intent to defraud. Forgery in the third degree (any written instrument) is a misdemeanor; second degree (deeds, wills, contracts, commercial instruments and similar legal documents, or any instrument purportedly made by a person 60 or older) is a class C felony; first degree (government stamps or securities, stocks or bonds, or legal documents purportedly made by a person 60 or older) is a class B felony. Knowingly writing or passing a bad check (negotiating a worthless negotiable instrument) is a misdemeanor.
Is blackmail illegal in Hawaii?
Hawaii charges blackmail as extortion: obtaining someone's property, labor or services by threatening, among other things, to injure someone, damage property, commit a crime, accuse someone of an offense, expose a secret or embarrassing fact, or reveal information the person wants concealed. Extortion in the third degree is a misdemeanor; second degree (value over $50 in any twelve months) is a class C felony; first degree (value over $200 in any twelve months, or extortionate lending or collection) is a class B felony.
What is the difference between first and second degree murder in Hawaii?
Murder in the first degree is intentionally or knowingly killing in special circumstances: killing more than one person, killing a police officer, judge or prosecutor because of their duties, killing a witness, murder for hire, killing while imprisoned, killing a person protected by a restraining or police order, or killing a hostage or ransom victim. An offender 21 or older receives life without parole (with a required application to the governor for commutation after 20 years); an offender under 21 receives life with the possibility of parole. Murder in the second degree is any other intentional or knowing killing and carries life with the possibility of parole, or life without parole in cases of exceptional depravity under the enhanced-sentencing statute.
What is the sentence for manslaughter in Hawaii?
Manslaughter is recklessly causing another person's death or intentionally causing someone to commit suicide; it is a Class A felony (indeterminate 20 years). A murder charge is reduced to manslaughter if the defendant proves extreme mental or emotional disturbance with a reasonable explanation. Vehicle deaths are negligent homicide: first degree (negligent driving while under the influence, or negligently killing a pedestrian, cyclist or other vulnerable user) is a Class B felony (10 years), raised to Class A for a highly intoxicated driver, a driver with a prior OVUII conviction within 15 years, or one driving while revoked for OVUII; second degree (negligent driving causing death) is a Class C felony (5 years); third degree (simple negligence) is a misdemeanor.
Is child endangerment a felony in Hawaii?
Endangering the welfare of a minor in the first degree (a person with care or custody of a minor who intentionally or knowingly allows someone to inflict serious or substantial bodily injury on the minor, or causes or allows the minor to take a dangerous controlled drug not prescribed for them) is a Class C felony (5 years). Endangering the welfare of a minor in the second degree (doing those things recklessly, or a parent, guardian or other person knowingly endangering a minor's physical or mental welfare by violating a legal duty of care) is a misdemeanor (up to 1 year).
Is arson a felony in Hawaii?
Arson in the first degree is intentionally or knowingly setting a fire that knowingly puts another person in danger of death or bodily injury, or that damages another's property by more than $20,000; it is a Class A felony. Arson in the second degree (recklessly endangering a person, or damage over $1,500) is a Class B felony, and arson in the third degree (negligently endangering a person, or damage over $500) is a Class C felony. Arson in the fourth degree (any fire damaging another's property without consent) is a misdemeanor, but a Class C felony if set where and when a National Weather Service red flag warning is in effect.
Is animal cruelty a felony in Hawaii?
Cruelty to animals in the first degree (intentionally or knowingly torturing, mutilating or poisoning a pet or horse causing serious injury or death, or killing another person's pet without authority) is a Class C felony (5 years), and the person may not own or possess any pet or horse for at least five years. Cruelty to animals in the second degree (overworking, beating, starving or needlessly killing an animal, depriving a pet of food or water, animal fighting, cruel confinement, or prohibited dog tethering) is a misdemeanor, or a Class C felony if it involves ten or more pets at once.
Is revenge porn illegal in Hawaii?
Yes. Under violation of privacy in the first degree, knowingly disclosing or threatening to disclose an image or video of an identifiable person nude or engaged in sexual conduct without consent, with intent to substantially harm the person (in health, safety, career, finances, reputation or relationships) or as revenge, is a Class C felony (5 years and $10,000). It also covers creating or sharing fake (composite) sexual images that appear to show a real person. Images from voluntary public nudity or commercial transactions are excluded, and the court may order the images destroyed.
Is cyberbullying a crime in Hawaii?
Harassment includes, with intent to harass, annoy or alarm, repeatedly making calls or sending any form of electronic communication (including email) without a legitimate purpose, repeatedly communicating anonymously or at very inconvenient hours, or continuing to communicate after being told it is unwelcome; it is a petty misdemeanor (up to 30 days and $1,000).
What are the sexting laws for minors in Hawaii?
Hawaii has specific minor sexting offenses. A minor who knowingly sends a nude photo or video of themselves or another minor, or asks another minor to send one, commits promoting minor-produced sexual images in the second degree, a petty misdemeanor (up to 30 days); anyone who knowingly possesses such an image commits the same offense, with a defense for taking reasonable steps to destroy it. An adult 18 or older who asks or encourages a minor to send a nude image commits the first-degree offense, a misdemeanor (up to 1 year).
Is money laundering a felony in Hawaii?
Money laundering (knowingly moving, acquiring or transacting with proceeds of specified unlawful activity to promote it, to hide its source or ownership, or to avoid a reporting requirement, or running a business that does so) applies only when the value is $8,000 or more. It is a Class C felony (5 years) when the value is under $10,000, with a fine of up to $16,000 or twice the property's value, and a Class B felony (10 years) at $10,000 or more, with a fine of up to $25,000 or twice the value.
What are the human trafficking laws in Hawaii?
Sex trafficking (advancing or profiting from prostitution compelled by force, threat, fraud, coercion or intimidation, or from the prostitution of anyone under 18) is a Class A felony (indeterminate 20 years and $50,000); the offender is strictly liable as to the victim's age. Labor trafficking in the first degree (obtaining a person's labor by force, fraud, debt bondage, threats, withholding ID documents or similar means) is also a Class A felony. Labor trafficking in the second degree (knowingly aiding or benefiting from a labor trafficking venture) is a Class B felony, or Class A if it involves kidnapping, sexual assault, attempted murder or a death, and any business license used must be revoked.
Is jaywalking illegal in Hawaii?
A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles; between adjacent intersections with working traffic signals, pedestrians may cross only in a marked crosswalk, and they may not cross an intersection diagonally unless traffic-control devices allow it. A violation is fined $100.
What is the open container law in Hawaii?
A driver may not drink alcohol or have an opened container (or one with a broken seal or partly emptied) while driving a car or moped on a public road; the penalty is a fine of up to $2,000, up to 30 days in jail, or both. A passenger may not drink alcohol or possess an opened container in a vehicle or on a moped on a public road; this is a petty misdemeanor (up to 30 days and $1,000).
What happens if you are caught drinking under 21 in Hawaii?
People under 21 may not buy or drink alcohol, possess it in public places, at public gatherings, on beaches or parks, or in a vehicle on a public road, or use a false, borrowed or fictitious ID to buy it (exceptions for delivering it for an employer, religious ceremonies, and authorized compliance checks or studies). For ages 18 to 20 a violation is a petty misdemeanor; those under 18 are handled in family court. Every violator must do 75 hours of community service and an alcohol education and counseling program, and the person's license or permit is suspended for at least 180 days (or, if unlicensed, eligibility is delayed until age 17 or for 180 days).
What happens if you drive on a suspended license in Hawaii?
Driving while your license is canceled, suspended or revoked carries a fine of up to $1,000, up to 30 days in jail, or both for a first offense; a second offense within five years brings a $500 to $1,000 fine, up to 1 year in jail, or both; and a third within five years is a Class C felony with possible vehicle forfeiture. If the license was revoked for impaired driving (OVUII), the penalties are mandatory: 3 to 30 days in jail, a $250 to $1,000 fine and an added one-year revocation for a first offense; 30 days, $1,000 and an added two years for a second within ten years; and 6 months to 1 year, $2,000 and permanent revocation for a third.
What is the penalty for driving without a license in Hawaii?
Driving without a license is punished like suspended-license driving: a fine of up to $1,000, up to 30 days in jail, or both for a first offense; a $500 to $1,000 fine and up to 1 year for a second within five years; and a Class C felony for a third within five years. A minor under family court jurisdiction instead loses the right to drive until 18 or pays a $500 fine. Drivers must carry the license and show it to police on demand, but a person who later shows the court a license valid at the time of the stop cannot be convicted of failing to carry it.
What knives are legal to carry in Hawaii?
Knowingly carrying a concealed dirk, dagger or other deadly or dangerous weapon is a misdemeanor (up to 1 year), as is carrying a concealed switchblade knife or butterfly knife; being lawfully in your own home is a defense. Possessing, using or threatening to use any of these weapons while committing another felony or misdemeanor is a separate Class C felony (5 years). Weapons seized after a conviction under the deadly-weapon section are destroyed.
Are fireworks legal in Hawaii?
Consumer fireworks may be set off only from 9 p.m. on New Year's Eve to 1 a.m. on New Year's Day, from 7 a.m. to 7 p.m. on Chinese New Year's Day, and from 1 p.m. to 9 p.m. on the Fourth of July, plus permitted cultural events. Firecrackers require a $25 permit (up to 5,000 firecrackers per permit), and aerial devices and display fireworks require a $110 permit; counties may adopt stricter rules for firecrackers. Possessing or setting off aerial or display fireworks without a permit is fined $300 under 5 pounds, a misdemeanor at 5 pounds, a Class C felony at 25 pounds and a Class B felony at 50 pounds; importing, storing or distributing without a license is a Class C or B felony; and other violations carry a $500 to $5,000 fine. Penalties rise if someone is injured or killed.
Is kidnapping a felony in Hawaii?
Kidnapping (intentionally or knowingly restraining someone to hold them for ransom or as a shield or hostage, to commit a felony, to injure them, to terrorize them or someone else, to interfere with a government function, or to obtain their labor or services) is a class A felony (20 years). It is reduced to a class B felony (10 years) if the defendant voluntarily released the victim alive, without serious or substantial injury, in a safe place before trial. Unlawful imprisonment in the first degree (restraining someone in circumstances that expose them to a risk of serious bodily injury) is a class C felony (5 years), and unlawful imprisonment in the second degree (any knowing restraint) is a misdemeanor (up to 1 year).
Is making a threat a crime in Hawaii?
Hawaii calls this 'terroristic threatening': threatening by word or conduct to injure someone, seriously damage their property or pets, or commit a felony, intending to terrorize (or recklessly) or to cause an evacuation. It is first degree, a class C felony (5 years), when the person threatens someone repeatedly or several people in a common scheme, threatens a public servant (including school workers) over their official duties or an on-duty emergency medical worker, uses a dangerous instrument or simulated firearm, or threatens someone protected by a court or police order; it is a class B felony (10 years) with a real or simulated firearm in certain listed places. Other terroristic threatening is second degree, a misdemeanor (up to 1 year).
Is stealing a car a felony in Hawaii?
Stealing a motor vehicle or motorcycle is theft in the first degree, a class B felony (10 years), regardless of its value. Unauthorized control of a propelled vehicle (intentionally or knowingly operating someone else's vehicle without consent, or changing its identity without consent) is a class C felony (5 years); it is a defense that the person had authorization from the owner's agent, was lawfully repossessing it, or bought it reasonably believing they were the owner.
Is receiving stolen property a felony in Hawaii?
Receiving stolen property (intentionally receiving, keeping or disposing of another's property knowing it was stolen, intending to deprive the owner) is a form of theft graded by value: $250 or less is theft in the fourth degree (petty misdemeanor, up to 30 days); more than $250 is third degree (misdemeanor, up to 1 year); more than $750 is second degree (class C felony, 5 years); and more than $20,000 is first degree (class B felony, 10 years). Theft of a firearm, explosives or a motor vehicle, or theft from the person of someone 60 or older, is first degree regardless of value.
What counts as drug trafficking in Hawaii?
Hawaii grades drug dealing as 'promoting a dangerous drug.' Distributing any dangerous drug in any amount is second degree, a class B felony (10 years). Distributing one-eighth ounce or more of methamphetamine, heroin, morphine, fentanyl or cocaine (three-eighths ounce of other dangerous drugs, or 25 or more doses), possessing one ounce or more of those drugs (one and one-half ounces of others), distributing a dangerous drug (other than methamphetamine) to a minor, or manufacturing one is first degree, a class A felony (20 years).
Is prescription fraud a felony in Hawaii?
Obtaining or trying to obtain a controlled substance by fraud, deceit, misrepresentation, embezzlement or theft, by forging or altering a prescription, by giving false medical information or hiding a material fact, by using a false name, patient number or address, or by misusing a practitioner's call-in number or electronic prescription system, is a class C felony (up to 5 years, $10,000).
What is vehicular assault in Hawaii?
Negligent injury in the first degree (causing serious bodily injury to another person, or substantial bodily injury to a pedestrian, cyclist or other vulnerable road user, by operating a vehicle negligently) is a class C felony (5 years). Negligent injury in the second degree (causing substantial bodily injury by negligent operation of a vehicle) is a misdemeanor (up to 1 year).
Is street racing a crime in Hawaii?
Driving in or taking part in a race, speed contest, drag race, acceleration contest, endurance test or speed exhibition on a highway is punishable by a fine of up to $500, up to 6 months in jail, or both; an exhibition of speed or acceleration alone is punished by a fine of up to $500, community service, or both. A violation that involves exceeding the speed limit by 30 mph or more carries up to a $2,000 fine and 1 year in jail, a 1-year license suspension with one prior conviction within 5 years, and a 3-year suspension plus possible vehicle forfeiture with two priors.
What is the penalty for boating under the influence in Hawaii?
Hawaii's impaired-operation law (operating a vehicle under the influence of an intoxicant, OVUII) applies to boats, because 'vehicle' includes a vessel underway on state waters. It covers operating while impaired by alcohol or drugs or with 0.08 or more grams of alcohol in breath or blood. A first offense brings a substance abuse program, a 1-year to 18-month revocation, and 72 hours of community service, 48 hours to 5 days in jail, or a $250 to $1,000 fine; a second offense within 10 years brings a 2- to 3-year revocation, 240 hours of community service or 5 to 30 days in jail, and a $1,000 to $3,000 fine. Highly intoxicated operators face added jail and revocation time.
Is insurance fraud a felony in Hawaii?
Insurance fraud (intentionally or knowingly misrepresenting or hiding material facts to get insurance coverage, benefits or payment, including false applications or claims, duplicate claims, and fabricating or destroying documents) is graded by the value obtained or sought: a misdemeanor (up to 1 year) for $750 or less, a class C felony (5 years) for more than $750 up to $20,000, and a class B felony (10 years) for more than $20,000.
What happens if you commit welfare or unemployment fraud in Hawaii?
Knowingly obtaining, selling, trading or buying food benefits (food stamps, coupons or EBT cards) without entitlement, getting emergency assistance one is not entitled to, or transferring assets to qualify for assistance is a misdemeanor (up to 1 year); food benefit fraud involving more than $300 is a class C felony (5 years), and more than $20,000 a class B felony (10 years). A recipient who willfully fails to report new income or resources within 30 days commits a petty misdemeanor, and benefits obtained by fraud are a debt to the State or may be ordered repaid as restitution. Unemployment fraud (knowingly lying or hiding a fact to get or increase benefits) is a misdemeanor for $300 or less and a class C felony above $300, with each false statement a separate offense.
Is bribery a felony in Hawaii?
Bribery (giving, offering or agreeing to give a public servant any money benefit to influence their official action, or a public servant asking for or accepting one) is a class B felony (10 years, $25,000), and a person convicted cannot get a deferred acceptance of a guilty or no-contest plea. Commercial bribery (giving a benefit to an agent or appraiser to influence their conduct or judgment, or an agent accepting one) is a misdemeanor (up to 1 year), or a class C felony (5 years) if the benefit is worth more than $1,000.
What are the penalties for tax evasion in Hawaii?
Willfully attempting to evade or defeat any state tax or its payment is a class C felony punishable by up to 5 years in prison, a fine of up to $100,000 ($500,000 for a corporation), probation, or a combination. Willfully filing a return or document believed to be false in a material way, or helping prepare one, is a class C felony with up to $100,000 in fines and up to 3 years in prison. Willfully failing to file a return, keep records, supply information or get a required license is a misdemeanor with up to a $25,000 fine ($100,000 for a corporation) and 1 year in jail.
What are the penalties for sexual assault in Hawaii?
Hawaii grades sexual assault in four degrees. First degree (sexual penetration by strong compulsion, with a child under 14, with a 14- or 15-year-old by someone at least five years older, or with a person drugged without consent) is a class A felony (20 years). Second degree (penetration by compulsion, with a person mentally incapacitated or physically helpless, or by a jail, detention or law enforcement employee with a person in custody) is a class B felony (10 years). Third degree (sexual contact with a child under 14, sexual contact by strong compulsion, or reckless penetration by compulsion, among others) is a class C felony (5 years). Fourth degree (sexual contact by compulsion, indecent exposure that alarms someone, and similar acts) is a misdemeanor. Sex with a 14- or 15-year-old is covered on the age-of-consent page.
What are the penalties for child molestation in Hawaii?
Sexual penetration with a child under 14 is first-degree sexual assault, a class A felony (indeterminate 20 years), and sexual contact with a child under 14 is third-degree sexual assault, a class C felony (5 years). Continuous sexual assault of a minor under 14 (three or more acts of penetration or sexual contact over time by someone living with the child or having recurring access) is a class A felony. Sexual penetration or contact with a 14- or 15-year-old by someone at least five years older (and not married to the minor) is first- or third-degree sexual assault.
What are the child pornography laws in Hawaii?
Hawaii calls this promoting child abuse. Producing child pornography, or making pornographic material or a performance using a minor, is first degree, a class A felony (20 years). Distributing, transmitting or copying it to distribute, or possessing 30 or more images when at least one shows a child under 12, sadomasochistic abuse or bestiality, is second degree, a class B felony (10 years). Knowingly possessing any child pornography is third degree, a class C felony (5 years).
Is online solicitation of a minor a felony in Hawaii?
Electronic enticement of a child applies when someone uses a computer or other electronic device to communicate with a minor under 18 (or a person who claims to be under 18, such as an undercover officer), agrees to meet them intending to commit a felony, and travels to the meeting place at the agreed time. It is first degree, a class B felony (10 years, with an indeterminate prison term), when the intended crime is murder, a class A felony or another listed sex offense, and second degree, a class C felony (5 years), for any other felony.
What happens if you fail to register as a sex offender in Hawaii?
Covered sex offenders register with the attorney general and, in person with the police chief, within three working days after arriving in Hawaii, being released from prison, or being placed on probation or parole; they report changes in registration information and appear in person every year within 30 days after their birthday. Tier 3 offenders and repeat offenders register for life (Tier 3 may petition after 40 years); Tier 2 may petition to end registration after 25 years with a clean record, and Tier 1 after 10 years. The court ends registration only on strong proof the person is very unlikely to reoffend and registration no longer protects the public. Failing to comply is a class C felony (5 years).
Can a felon own a gun in Hawaii?
No one convicted (or currently being prosecuted) anywhere for a felony, a crime of violence, a firearms offense or illegal drug sale may own, possess or control a firearm or ammunition, and such people must surrender or dispose of their guns. A felon who violates the ban commits a class B felony (10 years), with a mandatory indeterminate prison term if the prior felony was a crime of violence; other prohibited persons commit a class C felony. A person barred only by a non-felony conviction may possess firearms again after 20 years if no other law bars them; the statute gives no restoration route for felony convictions.
Is hacking a crime in Hawaii?
Knowingly accessing a computer, system or network without authorization is unauthorized computer access in the third degree, a class C felony (5 years). If the person thereby obtains information it is second degree, a class B felony (10 years). It is first degree, a class A felony (20 years), if the access was for financial gain or to further another crime, the information is worth more than $20,000, or the information is legally protected from disclosure.
Is Hawaii a one-party consent state?
Hawaii is generally a one-party consent state. Intercepting a phone call, electronic communication or oral conversation is a class C felony (5 years), but a person who is a party to the communication, or who has the prior consent of one party, may record it unless the purpose is to commit a criminal or tortious act. The statute separately requires the consent of the people entitled to privacy before a recording device is installed in a private place.
Is filing a false police report a crime in Hawaii?
Intentionally making, or causing someone to send, a report to law enforcement about a crime or other incident that the person knows is false is false reporting to law enforcement authorities, a misdemeanor (up to 1 year). The statute has no separate felony grade or swatting provision.
Does Hawaii have a hate crime law?
Hawaii has no separate hate crime offense; bias supports an extended prison term. A person convicted of a felony against a person or property (chapters 707, 708 or 711) who intentionally chose the victim or property because of hostility toward actual or perceived race, religion, disability, ethnicity, national origin, gender identity or expression, or sexual orientation is a 'hate crime offender.' If a jury finds this beyond a reasonable doubt and that a longer term is needed to protect the public, the court may impose an extended term: an indeterminate life term for a class A felony, 20 years for class B and 10 years for class C.
What happens if you violate parole in Hawaii?
Hawaii still has parole: felony sentences are indeterminate, and the Hawaii Paroling Authority sets the minimum term and decides release. The authority may suspend parole and order a parolee arrested and returned to custody, and it must hold a revocation hearing within 60 days after the parolee's return, with notice of the alleged violations and a chance to be heard (no hearing is needed after a new Hawaii prison sentence or if the parolee left the state without permission). Parole may be revoked only for a stated cause; for certain technical violations confinement is limited to six months or the unserved term, and no one may be held past the maximum term.
What happens if you violate a restraining order in Hawaii?
Knowingly violating a protective order issued in a domestic abuse case is a misdemeanor (up to 1 year). A first conviction carries a mandatory minimum of 5 days in jail, and a second or later conviction for violating the same order (or a related temporary restraining order in the same case) carries a mandatory minimum of 45 days. The protective order statute sets no felony grade.
When can a juvenile be tried as an adult in Hawaii?
Hawaii has no automatic adult prosecution; the family court decides through a waiver hearing. It may waive jurisdiction for a minor 16 or older charged with a felony, and for a minor 14 or older charged with a felony that caused serious bodily injury, would be a class A felony, or follows more than one prior felony-level adjudication; minors of any age charged with first- or second-degree murder or attempted murder may also be waived. The court must find no evidence the minor is committable to a mental health or disability institution (and, for 16- and 17-year-olds, that the minor is untreatable in available facilities or community safety requires restraint beyond minority), weighing seriousness, violence, maturity, record and the prospects for rehabilitation.
Does Hawaii have the death penalty?
Hawaii's most severe sentence is life imprisonment without the possibility of parole, which applies to first-degree murder committed by someone 21 or older (raised from 18 by Act 152 of 2025); the court must also start an application to the governor to commute the sentence to life with parole eligibility after 20 years. Second-degree murder carries life with the possibility of parole, with life without parole available as an enhanced sentence. The murder sentencing section does not provide for a death sentence.
Can felons vote in Hawaii?
A person sentenced for a felony loses the right to vote from sentencing until final discharge, but a person placed on probation, or paroled after imprisonment, may vote during the probation or parole. In practice, people lose the vote only while they are incarcerated for a felony, and it returns on release to parole, on probation, or on final discharge.
How do you restore your rights after a felony in Hawaii?
Voting returns on parole, probation or final discharge, and the bar on running for or holding public office lasts until final discharge (a public office held at conviction is forfeited). Jury service: a person convicted of a felony is disqualified only until 'finally discharged or pardoned.' Firearms: a felony conviction bars owning or possessing firearms and ammunition, and the statute gives no restoration route for felony convictions. Pardons are granted by the governor; the director of corrections and the Hawaii paroling authority consider applications the governor refers to them and make a recommendation.
Does Hawaii have a three strikes law?
Hawaii's repeat offender law sets mandatory minimum prison terms without parole when a person with prior felony convictions is convicted of second-degree murder, a class A or B felony, or one of about 30 listed class C felonies (such as second-degree assault, burglary or theft). For second-degree murder the minimums are 10, 20 and 30 years for one, two, and three or more priors; for a class A felony 6 years 8 months, 13 years 4 months and 20 years; for a class B felony 3 years 4 months, 6 years 8 months and 10 years; and for a listed class C felony 1 year 8 months, 3 years 4 months and 5 years. A court may impose a lesser minimum for strong mitigating circumstances, with a written explanation.
Is delta-8 legal in Hawaii?
Hawaii's Department of Health hemp rules ban hemp products containing artificially or synthetically derived cannabinoids, and the department counts delta-8 THC together with delta-9 and THCA toward 'total THC.' Under the interim rules effective January 28, 2026, manufactured hemp products must stay at or below 0.3% total THC and meet product-specific limits (for example 1 mg total THC per gummy and 5 mg per container; 0.5 mg per beverage container; oil tinctures 3 mg per serving and 85 mg per container), carry a 'Not for sale to persons under the age of 21' statement on edibles, and be sold only by businesses holding a DOH certificate of registration. Vapes and other inhaled hemp products, hemp flower, hemp cigarettes and cigars, and crude extract sold to consumers are prohibited.
Are magic mushrooms legal in Hawaii?
Psilocybin and psilocyn are Schedule I controlled substances in Hawaii, and possessing any amount of a 'dangerous drug' is promoting a dangerous drug in the third degree, a class C felony (up to 5 years). No psilocybin therapy program has been enacted in the statutes read.
Is CBD legal in Hawaii?
Hemp CBD products are legal in Hawaii only in the forms and limits allowed by the Department of Health's hemp rules: edible products such as tablets, capsules, powders, softgels, oil-based tinctures, gummies and beverages, plus topicals, made by a DOH-permitted hemp processor, lab-tested for cannabinoids and contaminants, labeled with cannabinoid content per serving and a link to lab results, and kept at or below 0.3% total THC and the per-product THC limits. Adding CBD or other cannabinoids to other foods is prohibited, as are inhaled hemp products, hemp flower, and products making unsubstantiated health claims. Businesses selling hemp products need a DOH certificate of registration (interim rules effective January 28, 2026).
What is the smoking and vaping age in Hawaii?
The minimum age to buy tobacco products and electronic smoking devices in Hawaii is 21, and retailers must check ID for buyers who reasonably appear under 27. A seller who sells or gives these products to someone under 21 is fined $500 for a first offense and $500 to $2,000 for later offenses. A person under 21 who buys or possesses tobacco or an e-cigarette is fined $10 for a first offense and $50 (or 48 to 72 hours of community service) for later offenses, and the product is seized and forfeited.
Is elder abuse a felony in Hawaii?
Hawaii adds mandatory minimum prison terms, without parole, when a person committing a felony causes death or serious or substantial bodily injury to someone 60 or older (or a blind, paraplegic or quadriplegic person, or a child 8 or younger): 15 years for second-degree murder, 6 years 8 months for a class A felony, 3 years 4 months for class B and 1 year 8 months for class C.
Is voyeurism a felony in Hawaii?
Hawaii calls this violation of privacy. Secretly installing or using a device in a private place to watch or record someone who is undressed or engaged in sexual activity, or disclosing (or threatening to disclose) nude or sexual images without consent to harm or get revenge (including fake 'deepfake' images), is violation of privacy in the first degree, a class C felony (up to 5 years). Peeping into windows of a home or lodging, trespassing to spy, installing other hidden recording devices in private places, upskirt recording in public, and possessing images made illegally are violation of privacy in the second degree, a misdemeanor (up to 1 year). Courts may order illegal recordings destroyed.
Is assaulting a police officer a felony in Hawaii?
Intentionally or knowingly causing bodily injury to a law enforcement officer on duty (or recklessly or negligently injuring one with a dangerous instrument) is assault against a law enforcement officer in the first degree, a class C felony, with a mandatory sentence of either 5 years' imprisonment or 5 years' probation including at least 30 days in jail. Recklessly causing bodily injury to an officer is second-degree assault against an officer, a misdemeanor with at least 30 days in jail that cannot be suspended or replaced by probation.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.