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Hawaii Theft Laws


Hawaii Theft Laws

 

PART IV.  THEFT AND RELATED OFFENSES

§708-830  Theft.   A person commits theft if the person does any of the following:

     (1)  Obtains or exerts unauthorized control over property.  A person obtains or exerts unauthorized control over the property of another with intent to deprive the other of the property.

     (2)  Property obtained or control exerted through deception.  A person obtains, or exerts control over, the property of another by deception with intent to deprive the other of the property.

     (3)  Appropriation of property.  A person obtains, or exerts control over, the property of another that the person knows to have been lost or mislaid or to have been delivered under a mistake as to the nature or amount of the property, the identity of the recipient, or other facts, and, with the intent to deprive the owner of the property, the person fails to take reasonable measures to discover and notify the owner.

     (4)  Obtaining services by deception.  A person intentionally obtains services, known by the person to be available only for compensation, by deception, false token, or other means to avoid payment for the services.  When compensation for services is ordinarily paid immediately upon the rendering of them, absconding without payment or offer to pay is prima facie evidence that the services were obtained by deception.

     (5)  Diversion of services.  Having control over the disposition of services of another to which a person is not entitled, the person intentionally diverts those services to the person's own benefit or to the benefit of a person not entitled thereto.

     (6)  Failure to make required disposition of funds.

         (a)  A person intentionally obtains property from anyone upon an agreement, or subject to a known legal obligation, to make specified payment or other disposition, whether from the property or its proceeds or from the person's own property reserved in equivalent amount, and deals with the property as the person's own and fails to make the required payment or disposition.  It does not matter that it is impossible to identify particular property as belonging to the victim at the time of the defendant's failure to make the required payment or disposition.  A person's status as an officer or employee of the government or a financial institution is prima facie evidence that the person knows the person's legal obligations with respect to making payments and other dispositions.  If the officer or employee fails to pay or account upon lawful demand, or if an audit reveals a falsification of accounts, it shall be prima facie evidence that the officer or employee has intentionally dealt with the property as the officer's or employee's own.

         (b)  A person obtains personal services from an employee upon agreement or subject to a known legal obligation to make a payment or other disposition of funds to a third person on account of the employment, and the person intentionally fails to make the payment or disposition at the proper time.

     (7)  Receiving stolen property.  A person intentionally receives, retains, or disposes of the property of another, knowing that it has been stolen, with intent to deprive the owner of the property.  It is prima facie evidence that a person knows the property to have been stolen if, being a dealer in property of the sort received, the person acquires the property for a consideration that the person knows is far below its reasonable value.

     (8)  Shoplifting.

         (a)  A person conceals or takes possession of the goods or merchandise of any store or retail establishment, with intent to defraud.

         (b)  A person alters the price tag or other price marking on goods or merchandise of any store or retail establishment, with intent to defraud.

         (c)  A person transfers the goods or merchandise of any store or retail establishment from one container to another, with intent to defraud.

          The unaltered price or name tag or other marking on goods or merchandise, duly identified photographs or photocopies thereof, or printed register receipts shall be prima facie evidence of value and ownership of such goods or merchandise.  Photographs of the goods or merchandise involved, duly identified in writing by the arresting police officer as accurately representing such goods or merchandise, shall be deemed competent evidence of the goods or merchandise involved and shall be admissible in any proceedings, hearings, and trials for shoplifting to the same extent as the goods or merchandise themselves. [L 1972, c 9, pt of §1 and c 102, §2; am L 1974, c 39, §1; am L 1979, c 106, §5; gen ch 1993; am L 2001, c 87, §1; am L 2006, c 230, §37]

§708-833.5  Shoplifting.   A person convicted of committing the offense of shoplifting as defined in section 708-830 shall be sentenced as follows:

     (1)  In cases involving property the value or aggregate value of which exceeds $300:  as a class C felony, provided that the minimum fine shall be four times the value or aggregate value involved;

     (2)  In cases involving property the value or aggregate value of which exceeds $100:  as a misdemeanor, provided that the minimum fine shall be three times the value or aggregate value involved;

     (3)  In cases involving property the value or aggregate value of which is $100 or less:  as a petty misdemeanor, provided that the minimum fine shall be twice the value or aggregate value involved;

     (4)  If a person has previously been convicted of committing the offense of shoplifting as defined in section 708-830, the minimum fine shall be doubled that specified in paragraphs (1), (2), and (3), respectively, as set forth above; provided in the event the convicted person defaults in payment of any fine, and the default was not contumacious, the court may sentence the person to community services as authorized by section 706-605(1)(e). [L 1979, c 202, §2; am L 1982, c 233, §1; am L 1986, c 314, §67]

§708-835  Proof of theft offense.   A charge of an offense of theft in any degree may be proved by evidence that it was committed in any manner that would be theft under section 708-830, notwithstanding the specification of a different manner in the indictment, information, or other charge, subject only to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise. [L 1972, c 9, pt of §1]

[§708-8102]  Theft, forgery, etc., of credit cards.  (1)  A person who takes a credit card from the person, possession, custody, or control of another without the cardholder's consent or who, with knowledge that it has been so taken, receives the credit card with intent to use it or to sell it, or to transfer it to a person other than the issuer or the cardholder commits the offense of credit card theft.  If a person has in the person's possession or under the person's control credit cards issued in the names of two or more other persons, which have been taken or obtained in violation of this subsection, it is prima facie evidence that the person knew that the credit cards had been taken or obtained without the cardholder's consent.

     (2)  A person who receives a credit card that the person knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder commits the offense of credit card theft.

     (3)  A person, other than the issuer, who sells a credit card or a person who buys a credit card from a person other than the issuer commits the offense of credit card theft.

     (4)  A person who, with intent to defraud the issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, obtains control over a credit card as security for a debt commits the offense of credit card theft.

     (5)  A person, other than the issuer, who during any twelve- month period, receives credit cards issued in the names of two or more persons which the person has reason to know were taken or retained under circumstances which constitute credit card theft or a violation of section 708-8101, commits the offense of credit card theft.

     (6)  A person who, with intent to defraud a purported issuer, a person or organization providing money, goods, services, or anything else of value, or any other person, falsely makes or falsely embosses a purported credit card or utters such a credit card, or possesses such a credit card with knowledge that the same has been falsely made or falsely embossed commits the offense of credit card forgery.  If a person other than the purported issuer possesses two or more credit cards which have been made or embossed in violation of this subsection, it is prima facie evidence that the person intended to defraud or that the person knew the credit cards had been so made or embossed.  A person falsely makes a credit card when the person makes or draws, in whole or in part, a device or instrument which purports to be the credit card of a named issuer but which is not such a credit card because the issuer did not authorize the making or drawing, or alters a credit card which was validly issued.  A person falsely embosses a credit card who, without authorization of the named issuer, completes a credit card by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder.

     (7)  A person other than the cardholder or a person authorized by the cardholder who, with intent to defraud the issuer, or a person or organization providing money, goods, services, or anything else of value, or any other person, signs a credit card, commits the offense of credit card forgery.

     (8)  Credit card theft is a class C felony.

     (9)  Credit card forgery is a class C felony. [L 1986, c 314, pt of §61]

[§708-839.8] Identity theft in the third degree.   (1)  A person commits the offense of identity theft in the third degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to commit the offense of theft in the third or fourth degree from any person or entity.

     (2)  Identity theft in the third degree is a class C felony. [L 2002, c 224, pt of §1]

§708-830.5  Theft in the first degree.   (1)  A person commits the offense of theft in the first degree if the person commits theft:

    (a)   Of property or services, the value of which exceeds $20,000;

    (b)   Of a firearm;

    (c)   Of dynamite or other explosive; or

    (d)   Of property or services during the time of a civil defense emergency proclaimed by the governor pursuant to chapter 128, within the area covered by the civil defense emergency or during the period of disaster relief under chapter 127, the value of which exceeds $300.

     (2)  Theft in the first degree is a class B felony. [L 1986, c 314, §63; am L 1992, c 289, §1; am L 1993, c 14, §1; am L 2006, c 116, §6]

§708-831  Theft in the second degree.   (1)  A person commits the offense of theft in the second degree if the person commits theft:

    (a)   Of property from the person of another;

    (b)   Of property or services the value of which exceeds $300;

    (c)   Of an aquacultural product or part thereof from premises that is fenced or enclosed in a manner designed to exclude intruders or there is prominently displayed on the premises a sign or signs sufficient to give notice and reading as follows:  "Private Property"; or

    (d)   Of agricultural equipment, supplies, or products, or part thereof, the value of which exceeds $100 but does not exceed $20,000, or of agricultural products that exceed twenty-five pounds, from premises that are fenced, enclosed, or secured in a manner designed to exclude intruders or there is prominently displayed on the premises a sign or signs sufficient to give notice and reading as follows:  "Private Property".  The sign or signs, containing letters not less than two inches in height, shall be placed along the boundary line of the land in a manner and in such position as to be clearly noticeable from outside the boundary line.  Possession of agricultural products without ownership and movement certificates, when a certificate is required pursuant to chapter 145, is prima facie evidence that the products are or have been stolen.

     (2)  Theft in the second degree is a class C felony.  A person convicted of committing the offense of theft in the second degree under [subsection (1)](c) and (d) shall be sentenced in accordance with chapter 706, except that for the first offense, the court may impose a minimum sentence of a fine of at least $1,000 or two-fold damages sustained by the victim, whichever is greater.

§708-832  Theft in the third degree.   (1)  A person commits the offense of theft in the third degree if the person commits theft:

    (a)   Of property or services the value of which exceeds $100; or

    (b)   Of gasoline, diesel fuel, or other related petroleum products used as propellants of any value not exceeding $300.

     (2)  Theft in the third degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1974, c 201, §2 and c 242, §2; am L 1979, c 106, §7; am L 1986, c 314, §65; am L 2006, c 230, §38]

§706-640  Authorized fines.   (1)  A person who has been convicted of an offense may be sentenced to pay a fine not exceeding:

    (a)   $50,000, when the conviction is of a class A felony, murder in the first or second degree, or attempted murder in the first or second degree;

    (b)   $25,000, when the conviction is of a class B felony;

    (c)   $10,000, when the conviction is of a class C felony;

    (d)   $2,000, when the conviction is of a misdemeanor;

    (e)   $1,000, when the conviction is of a petty misdemeanor or a violation;

    (f)   Any higher amount equal to double the pecuniary gain derived from the offense by the defendant;

    (g)   Any higher or lower amount specifically authorized by statute.

     (2)  Notwithstanding section 706-641, the court shall impose a mandatory fine upon any defendant convicted of theft in the first or second degree committed by receiving stolen property as set forth in section 708-830(7).  The fine imposed shall be the greater of double the value of the stolen property received or $25,000 in the case of a conviction for theft in the first degree; or the greater of double the value of the stolen property received or $10,000 in the case of a conviction for theft in the second degree.  The mandatory fines imposed by this subsection shall not be reduced except and only to the extent that payment of the fine prevents the defendant from making restitution to the victim of the offense, or that the defendant's property, real or otherwise, has been forfeited under chapter 712A as a result of the same conviction for which the defendant is being fined under this subsection.  Consequences for nonpayment shall be governed by section 706-644; provided that the court shall not reduce the fine under section 706-644(4) or 706-645. [L 1972, c 9, pt of §1; am L 1986, c 314, §33; am L 1987, c 181, §5; am L 1997, c 149, §4]

[§708-803]  Habitual property crime.   (1)  A person commits the offense of habitual property crime if the person is a habitual property crime perpetrator and commits a misdemeanor offense within this chapter.

     (2)  For the purposes of this section, "habitual property crime perpetrator" means a person who, within five years of the instant offense, has convictions for:

     (a)  Three felonies within this chapter;

     (b)  Three misdemeanors within this chapter; or

     (c)  Any combination of three felonies and misdemeanors within this chapter.

The convictions must have occurred on separate dates and be for separate incidents on separate dates.

     (3)  Habitual property crime is a class C felony.

     (4)  For a conviction under this section, the sentence shall be either:

     (a)  An indeterminate term of imprisonment of five years; or

     (b)  A term of probation of five years, with conditions to include but not be limited to one year of imprisonment. [L 2004, c 49, §1]

§708-836.5  Unauthorized entry into motor vehicle in the first degree.   (1)  A person commits the offense of unauthorized entry into motor vehicle in the first degree if the person intentionally or knowingly enters or remains unlawfully in a motor vehicle, without being invited, licensed, or otherwise authorized to enter or remain within the vehicle, with the intent to commit a crime against a person or against property rights.

     (2)  Unauthorized entry into motor vehicle in the first degree is a class C felony. [L 1996, c 87, §2; am L 2006, c 230, §40]

[§708-836.6]  Unauthorized entry into motor vehicle in the second degree.   (1)  A person commits the offense of unauthorized entry into a motor vehicle in the second degree if the person intentionally or knowingly enters into a motor vehicle without being invited, licensed, or otherwise authorized to do so.

     (2)  Unauthorized entry into a motor vehicle in the second degree is a misdemeanor

§708-839  Unlawful possession.   It shall be unlawful for any person to possess any bicycle, movable construction tool or equipment, appliance, merchandise, or other article, or any part thereof

     (1)  Where the serial number or identification mark placed on the same by the manufacturer for the purpose of identification, or

     (2)  Knowing the serial number or identification mark placed on the same for the purpose of identification,

has been erased, altered, changed or removed for the purpose of changing the identity of the foregoing items.

     Unlawful possession is a misdemeanor.

[§708-839.5] Theft of utility services.   (1)  For purposes of this section:

     "Customer" means the person in whose name the utility service is provided.

     "Divert" means to change the intended course or path of utility services without the authorization or consent of the utility.

     "Person" means any individual, partnership, firm, association, corporation, or other legal entity.

     "Reconnection" means the reconnection of utility service by a customer or other person after service has been lawfully disconnected by the utility.

     "Utility" means any public utility as defined in section 269-1, that provides electricity, gas, or water services.

     "Utility service" means the provision of electricity, gas, water, or any other service provided by the utility for compensation.

     (2)  A person commits the offense of theft of utility services if the person, with intent to obtain utility services for the person's own or another's use without paying the full lawful charge therefor, or with intent to deprive any utility of any part of the full lawful charge for utility services it provides, commits, authorizes, solicits, aids, or abets any of the following:

    (a)   Diverts, or causes to be diverted utility services, by any means whatsoever;

    (b)   Prevents any utility meter, or other device used in determining the charge for utility services, from accurately performing its measuring function;

    (c)   Makes or causes to be made any connection or reconnection with property owned or used by the utility to provide utility services, without the authorization or consent of the utility; or

    (d)   Uses or receives the direct benefit of all or a portion of utility services with knowledge or reason to believe that a diversion, prevention of accurate measuring function, or unauthorized connection existed at the time of use or that the use or receipt was otherwise without the authorization or consent of the utility.

     (3)  In any prosecution under this section, the presence of any of the following objects, circumstances, or conditions on premises controlled by the customer, or by the person using or receiving the direct benefit of all or a portion of utility services obtained in violation of this section, shall create a rebuttable presumption that the customer or person intended to and did violate this section:

    (a)   Any instrument, apparatus, or device primarily designed to be used to obtain utility services without paying the full lawful charge therefor; or

    (b)   Any meter that has been diverted or prevented from accurately performing its measuring function so as to cause no measurement or inaccurate measurement of utility services.

     (4)  A person commits the offense of theft of utility services in the first degree in cases where the theft:

    (a)   Accrues to the benefit of any commercial trade or business, including any commercial trade or business operating in a residence, home, or dwelling;

    (b)   Is obtained through the services of a person hired to commit the theft of utility services; in which event, both the person hired and the person responsible for the hiring shall be punished under this section as a class C felony; or

    (c)   Accrues to the benefit of a residence, home, or dwelling where the value of the theft of utility services exceeds $300.

Theft of utility services in the first degree is a class C felony, and shall be sentenced in accordance with chapter 706, except that for a first offense the court shall impose a minimum sentence of a fine of at least $1,000 or two times the value of the theft, whichever is greater.

     (5)  A person commits theft of utility services in the second degree if the person commits theft of utility services other than as provided in subsection (4).  Theft of utility services in the second degree is a misdemeanor and shall be sentenced in accordance with chapter 706, except that for a first offense the court shall impose a minimum sentence of a fine of $500, with an increase of $500 for each succeeding conviction under this subsection.

[§708-839.6]  Identity theft in the first degree.   (1)  A person commits the offense of identity theft in the first degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to:

     (a)  Facilitate the commission of a murder in any degree, a class A felony, kidnapping, unlawful imprisonment in any degree, extortion in any degree, any offense under chapter 134, criminal property damage in the first or second degree, escape in any degree, any offense under part VI of chapter 710, any offense under section 711-1103, or any offense under chapter 842; or

     (b)  Commit the offense of theft in the first degree from the person whose personal information is used, or from any other person or entity.

     (2)  Identity theft in the first degree is a class A felony.

[§708-839.7] Identity theft in the second degree.   (1)  A person commits the offense of identity theft in the second degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to commit the offense of theft in the second degree from any person or entity.

     (2)  Identity theft in the second degree is a class B felony.

[§708-839.8] Identity theft in the third degree.   (1)  A person commits the offense of identity theft in the third degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to commit the offense of theft in the third or fourth degree from any person or entity.

     (2)  Identity theft in the third degree is a class C felony.

 

Identity Theft      
State State Code Statute Title Statute, penalties and restitution

Hawaii

708-839.6

708-839.7

708-839.8

708-839.55



708-893

Identity theft in the first degree
Identity theft in the second degree
Identity theft in the third degree
Unauthorized possession of confidential personal information
Use of a computer in the commission of a separate crime

Class A felony

Class B felony

Class C felony

Class C felony



Use of a computer in the commission of a separate crime is an offense one class or grade, as the case may be, greater than the offense facilitated. Notwithstanding any other law to the contrary, a conviction under this section shall not merge with a conviction for the separate crime.

 

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Disclaimer
Please note, the theft law information on this page is provided as a courtesy to help explain theft, shoplifting and stealing laws. There is no guarantee or assurance of reliability or validity. Laws change over time and this page may or may not be current. The code that is provided on this site is an unofficial posting of the State Codes. The files making up this Internet version of the State Codes do not constitute the official text of the State Codes and are intended for informational purposes only. No representation is made as to the accuracy or completeness of these sections. While every effort was made to ensure the accuracy and completeness of the statutes available Offender SolutionsT shall not be liable or held responsible for any errors or omissions which may occur in these files, they are provided on an "As Is" basis. Use of the information and services are at the sole risk of the user. For official versions of any state's current laws, the user is directed to that states Revised Statutes, all amendments and cumulative supplements thereto published by that state. Please notify the Webmaster if you find any irregularities in the statutes on this web site. The Webmaster will relay the information to appropriate staff to investigate the irregularities. The printed version of the State Codes should be consulted for all matters requiring reliance on the statutory text. If you were involved in a theft or shoplifting incident you are encouraged to consider taking a theft cloass, theft course or shoplifting education class such as the one provided by offender solutions. Research shows theft school and/or theft education can be an effective theft prevention. Offender Solutions™ is an online theft education, shoplifting education class about stealing, it can be very effective if you want to stop stealing. Evan it was a small theft, a petty theft class or petty theft school could be right for you!



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