HRS Study Guide PDF

HRS – 35 Policy – 20 SHOPO Standard of Conduct RPT Writing Interp Written HRS Study Guide  Years and Fine / Statute of Limitations A Felony: 20 years / Fine not exceeding $50,000 including Murder B Felony: 10 years / Fine not exce...

HRS – 35 Policy – 20 SHOPO Standard of Conduct RPT Writing Interp Written HRS Study Guide  Years and Fine / Statute of Limitations A Felony: 20 years / Fine not exceeding $50,000 including Murder B Felony: 10 years / Fine not exceeding $25,000 C Felony: 5 years / Fine not exceeding $10,000 Misdemeanor: Not more than 1 year / Fine not exceeding $2,000 Petty Misdemeanor: Not more than 30 days / Fine not exceeding $1,000 Any type of Murder or Attempted Murder, SA 1 & SA 2 : No Statute (includes conspiracy and solicitation) Manslaughter (not involving vehicle): 10 years Class A Felony: 6 years Any other Felony: 3 years Misdemeanor or Parking Violation: 2 years Petty Misdemeanor or Violation other than parking: 1 year  States of Mind / Elements of an Offense A person is not guilty of an offense unless the person acted intentionally, knowingly, recklessly, or negligently, as the law specifies, with respect to each element of the offense. When the state of mind required to establish an element of the offense is not specified by the law, that element is established if, with respect thereto, a person acts intentionally, knowingly, or recklessly. Elements of an Offense: - Conduct - Attendant Circumstances - Results of Conduct  707 – Offenses Against Person Definitions Bodily Injury – physical pain, illness, or any impairment of physical condition. Substantial B.I. – causes a major avulsion, laceration, or penetration of skin, burn (2nd degree), bone fracture, serious concussion, or tearing or rupture of esophagus, viscera or other internal organs. Serious B.I. – causes a substantial risk of death, or serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Labor – means work of economic or financial value. Compulsion – means absent of consent, or a threat that places a person in fear of public humiliation, property damage, or financial loss. Strong Compulsion – use of the following to overcome a person: - Threat that places a person in fear of injury, or fear of being kidnapped. - A dangerous instrument. - Physical Force.  State of Mind » 702-206 Definitions of states of mind. » (1) "Intentionally.“ - A person acts intentionally with respect to his conduct when it is his conscious object to engage in such conduct. - A person acts intentionally with respect to attendant circumstances when he is aware of the existence of such circumstances or believes or hopes that they exist. - A person acts intentionally with respect to a result of his conduct when it is his conscious object to cause such a result. (2) "Knowingly.“ - A person acts knowingly with respect to his conduct when he is aware that his conduct is of that nature. - A person acts knowingly with respect to attendant circumstances when he is aware that such circumstances exist. - A person acts knowingly with respect to a result of his conduct when he is aware that it is practically certain that his conduct will cause such a result. » (3) "Recklessly.“ - A person acts recklessly with respect to his conduct when he consciously disregards a substantial and unjustifiable risk that the person's conduct is of the specified nature. - A person acts recklessly with respect to attendant circumstances when he consciously disregards a substantial and unjustifiable risk that such circumstances exist. - A person acts recklessly with respect to a result of his conduct when he consciously disregards a substantial and unjustifiable risk that his conduct will cause such a result. - A risk is substantial and unjustifiable within the meaning of this section if, considering the nature and purpose of the person's conduct and the circumstances known to him, the disregard of the risk involves a gross deviation from the standard of conduct that a law-abiding person would observe in the same situation. » (4) "Negligently.“ - A person acts negligently with respect to his conduct when he should be aware of a substantial and unjustifiable risk taken that the person's conduct is of the specified nature. - A person acts negligently with respect to attendant circumstances when he should be aware of a substantial and unjustifiable risk that such circumstances exist. - A person acts negligently with respect to a result of his conduct when he should be aware of a substantial and unjustifiable risk that his conduct will cause such a result. - A risk is substantial and unjustifiable within the meaning of this subsection if the person's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a law- abiding person would observe in the same situation.  702-208 Substitutes for Negligence, Recklessness, and Knowledge. » When the law provides that negligence is sufficient to establish an element of an offense, that element also is established if, with respect thereto, a person acts intentionally, knowingly, or recklessly. » When the law provides that recklessness is sufficient to establish an element of an offense, that element also is established if, with respect thereto, a person acts intentionally or knowingly. » When the law provides that acting knowingly is sufficient to establish an element of an offense, that element also is established if, with respect thereto, a person acts intentionally.  Murder 1st / Murder 2nd Murder 1st / 707-701 – intentionally or knowingly causes the death of: - More than 1 person - L.E.O., Judge, or Prosecutor out of the performance of their duties. - Known to the defendant to be a witness in a criminal prosecution or family court proceeding - A person by a hired killer. (Both killer and the person who hired them). - A person while the defendant was imprisoned. - A person who had a Protective Order / T.R.O. on the defendant. - A defendant who kills in violation of a 48-hour warning. - A person whom the defendant restained w/ intent to : -Hold the person for ransom or reward or; use the person as a shield or hostage. Murder 2nd / 707-701.5 – intentionally or knowingly causes the death of another person, except as provided in the Murder 1st section. M1 & M2 reduce to manslaughter if defendant under influence of extreme mental or emotional disturbance  Manslaughter / Negligent Homicide Manslaughter / 707-702 (Class A Felony) - Recklessly causes the death of another person. - Intentionally causes another person to commit suicide. Negligent Homicide 1st / 707-702.5 (Class B Felony) – Causes the death of a person by the operation of a motor vehicle in a negligent manner under the influence of drugs or alcohol. - A vulnerable user by the operation of a vehicle in a negligent manner. Negligent Homicide 2nd / 707-703 (Class C Felony) – Causes death by the operation of a vehicle in a negligent manner. - A vulnerable user by the operation of a vehicle in a manner that would constitute simple negligence. Negligent Homicide 3rd /707-704 (Misdemeanor) – Causes death by the operation of a vehicle in a manner which is simple negligence. (Simple negligence: Should be aware)  Negligent injury Negligent Injury 1st / 707-705 (C Felony) - Causes Serious Bodily Injury to another person by the operation of a vehicle in a negligent manner. - Causes Substantial Bodily Injury to a vulnerable user by the operation of a vehicle in a negligent manner. Negligent Injury 2nd / 707-706 (Misdemeanor) - Causes Substantial Bodily Injury to another person by the operation of a vehicle in a negligent manner.  Assault Assault 1st / 707-710 (Class B Felony) - intentionally or knowingly causes serious bodily injury. Assault 2nd / 707-711 (Class C Felony) - intentionally or knowingly causes substantial bodily injury. - recklessly causes serious or substantial bodily injury. - intentionally or knowingly causes injury to a correctional worker. - I/K causes bodily injury to another with a dangerous instrument. - I/K causes bodily injury to emergency medical worker. - I/K causes injury to a person operated at a state or contracted mental health facility. - I/K causes bodily injury to Educational Worker - I/K causes injury to a person protected by a protective order/T.R.O. or 48 hour warning - I/K causes injury to firefighter or lifeguard. Assault 3rd / 707-712 (Misdemeanor) - I/K/R causes bodily injury to another person. - Negligently causes bodily injury to another person with a dangerous instrument. -Mutual fight then Petty Misdemeanor  Assault against LEO / Emergency Worker Assault against LEO 1st / 707-712.5 (Class C Felony) - I/K causes injury to LEO in performance of his duties. - R/N causes bodily injury with a dangerous instrument while in the performance of his duties. Assault against LEO 2nd / 707-712.6 (Misdemeanor) - Recklessly causes bodily injury to LEO while in performance of his duties. Assault against Emergency Worker / 707-712.7 (Class B Felony) - During time of a Civil Defense Emergency proclaimed by Governor - I/K/R causes serious or substantial bodily injury to Emergency Worker. - I/K/R causes bodily injury using a dangerous instrument. Reckless Endangering / Criminally Negligent Storage of a Firearm Reckless Endangering 1st / 707-713 (Class C Felony) - employs widely dangerous means in a manner which recklessly places another person in danger of death or serious bodily injury. - Intentionally fires a firearm in a manner which recklessly places another person in danger of death or serious bodily injury. Reckless Endangering 2nd / 707-714 (Misdemeanor) - Engages in conduct which recklessly places another person in danger of death or serious bodily injury. - Intentionally discharges a firearm in a populated area, residential area, or within the boundaries or in the direction of a road, street or highway. Criminally Negligent storage of a Firearm / 707-714.5 (Misdemeanor) - Violates section 134-10.5 and a minor obtains the firearm minor under 16 for this section  Terroristic Threatening T.T. 1st / 707-716 (Class C Felony) - Threatening another person on more than one occasion for the same or similar purpose. - Threats in a common scheme against different persons. - Threat against a public servant/educational worker out of the performance of official duties. - Threat against an EMS provider out of the performance of duties. - Threat with a dangerous instrument or simulated firearm - Threat against a person who has a protective order/T.R.O against the defendant. - Threat during the hours of an official 48 hour warning. T.T. 2nd / 707-717 (Misdemeanor) - Threatens another person in any manner not listed above.  Kidnapping Kidnapping / 707-720 (Class A Felony) - I/K restrains another person with intent to: - Hold that person for ransom or reward. - Use that person as a shield or hostage. - Facilitate the commission of a felony or flight thereafter. - Inflict bodily injury upon that person or subject the person to a sexual offense. - Terrorize that person or a third person. - Interfere with the performance of any governmental or political function. - Unlawfully obtain the labor or services of that person, regardless of whether related to the collection of a debt. - Kidnapping is reduced to a B Felony if the defendant voluntarily releases the victim alive and not suffering from Serious of Substantial bodily injury in a safe place prior to trial.  Unlawful Imprisonment Unlawful Imprisonment 1st / 707-721 (Class C Felony) - Knowingly restrains another person under circumstances which expose the person to the risk of serious bodily injury. Unlawful Imprisonment 2nd / 707-722 (Misdemeanor) - Knowingly restrains another person. - Affirmative defense if the person is under 18, the defendant is a relative of the victim, and the sole purpose was to assume custody over the victim. - Affirmative defense if restrained for investigative purposes (shoplifting investigation).  Custodial Interference Custodial Interference 1st / 707-726 (Class C Felony) - I/K violates a court order and takes, entices, conceals or detains the minor from any other person who has a right to custody - Removes the minor from the state. - I/K takes, entices, conceals, or detains a minor less then 11 years old from the minors lawful guardian with no right to do so. - The person in the absence of a court order determining custody or visitation rights, I/K takes, detains, conceals or entices away a minor with the intent to deprive another person of their right to custody, and removes the minor from the state. Custodial Interference 2nd / 707-727 (Class C Felony) - I/K takes, entices, conceals or detains a minor knowing they have no right to do so. - I/K takes, entices, conceals or detains from lawful custody of an incompetent person  Sexual Assault Sexual Assault 1st / 707-730 (Class A Felony) - K subjects another person to sexual penetration by strong compulsion. - K engages in sexual penetration with a person less than 14 years old. - K engages in sexual penetration with a person who is at least 14 but less than 16 provided: - The person is not less than 5 years older than the minor (so 14 or 15 cant have sex with someone 5 years older) - The person is not legally married to the minor - K subjects a mentally defective person to sexual penetration. - K subjects another person to sexual penetration who is mentally incapacitated or physically helpless through use of substance (drug or alcohol) administered without consent of the person Sexual Assault 2nd / 707-731 (Class B Felony) - K subjects another person to sexual penetration by compulsion. - K subjects a person who is mentally incapacitated or physically helpless to penetration. - The person while employed in a State or Private Correctional Facility, or as a Law Enforcement Officer subjects the person to sexual penetration (d) K subjects to sexual penetration a minor who is at least sixteen(16) years old and the person is contemporaneously acting in a professional capacity to instruct, advise, or supervise the minor; provided that: (i) The person is not less than five (5) years older than the minor; and (ii) The person is not legally married to the minor.” 16 y.o. is the age of sexual consent. However this act means that a teacher, coach, tutor, mentor cannot engage in consensual sex with a 16 or 17 y.o. unless the person is less than five (5) years older (20,21 y.o.)  Sexual Assault Continued Sexual Assault 3rd / 707-732 (Class C Felony) - Recklessly subjects another person to sexual penetration. - K subjects a person less than 14 years old to sexual contact. - K engages in sexual contact with a person at least 14 but less than 16. (Not less than 5 years older, and is not married to the person) - K engages in sexual contact with a person who is mentally incapacitated or defective, or physically helpless. - K causes sexual contact by strong compulsion. - The person while employed in a State or Private Correctional Facility, or as a Law Enforcement Officer subjects the person to sexual contact Sexual Assault 4th / 707-733: (Misdemeanor) - K subjects another person to sexual contact by compulsion. - K exposes the person’s genitals to another person under circumstances which are likely to alarm or cause fear of bodily injury to the person. - K trespasses on property to subject another to surveillance for the purpose of sexual gratification. (Peeping Tom) - not married to actor. Can’t arrest spouse for sexual contact by compulsion. - The person knowingly engages in or causes sexual contact with a minor who is at least sixteen years old and the person is contemporaneously acting in a professional capacity to instruct, advise, or supervise the minor; provided that: - person is not less than five years older than the minor; and - The person is not legally married to the minor.  Continuous Sexual Assault of a Minor under 14 years / Indecent Exposure Continuous Sexual Assault of a Minor under 14 years / 707-733.5 (Class A Felony) - Either resides in the same home with or has recurring access to the minor under 14. - Engages in 3 or more acts of sexual penetration or sexual contact with the minor over a period of time, while the minor is under the age of 14. Indecent Exposure / 707-733.6 (Petty Misdemeanor) - Intentionally exposes the person’s genitals to a person whom the person is not married under circumstances in which the actor’s conduct is likely to cause affront. - Incest / 707-741 (Class C Felony) - - A person commits the offense of incest if the person commits an act of sexual penetration with another who is within the degrees of consanguinity or affinity within which marriage is prohibited. Hawaii can marry 1st cousin.  Promoting Child Abuse Child pornography means any pornographic visual representation, including any photograph, film, video, picture, or computer or computer generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexual conduct if it involves the use of a minor, or if it has been created or modified to appear that an identifiable minor is engaging in sexual conduct. Promoting Child Abuse 1st / 707-750 (Class A Felony) - Produces or participates in the preparation of Child Pornography Promoting Child Abuse 2nd / 707-751 (Class B Felony) - Disseminates Child Pornography » - 30 or more images and the content of at least one image contains one or more of the following: - A minor who is younger than the age of twelve - Sadomasochistic abuse of a minor - Bestiality involving a minor. Promoting Child Abuse 3rd / 707-752 (Class C Felony) - Possesses Child Pornography  Child Pornography » 712-1215 Promoting pornography for minors / C FELONY » A person commits the offense of promoting pornography for minors if: » (a) Knowing its character and content, the person disseminates to a minor material which is pornographic for minors; or Knowing the character and content of a motion picture film or other performance which, in whole or in part, is pornographic for minors, the person: » (i) Exhibits such motion picture film or other performance to a minor; » (ii) Sells to a minor an admission ticket or pass to premises where there is exhibited or to be exhibited such motion picture film or other performance; or » (iii) Admits a minor to premises where there is exhibited or to be exhibited such motion picture film or other performance. » Promoting minor-produced sexual images in the first degree / MISDEMEANOR » A person, eighteen years of age or older, commits the offense of promoting minor- produced sexual images in the first degree if the person intentionally or knowingly commands, requests, or encourages a minor to use a computer, cell phone, or any other device capable of electronic data transmission or distribution, to transmit to any person a nude photograph or video of a minor.  Child Porn Continue » 712-1215.6 /Promoting minor-produced sexual images in the second degree/ PM » A minor commits the offense of promoting minor-produced sexual images in the second degree if the minor: » (a) Knowingly uses a computer, cell phone, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another person a nude photograph or video of a minor or the minor's self; or » (b) Intentionally or knowingly commands, requests, or encourages another minor to use a computer, cell phone, or any other device capable of electronic data transmission or distribution, to transmit to any person a nude photograph or video of a minor or the minor's self. » (2) A person, of any age, commits the offense of promoting minor- produced sexual images in the second degree if the person knowingly possesses a nude photograph or video of a minor transmitted or distributed in violation of subsection (1). It is an affirmative defense under this subsection that the person took reasonable steps to destroy or eliminate the nude photograph or video of a minor.  Electronic Enticement of a Child Electronic Enticement of a Child 1st / 707-756 (B Felony) - Any person using a computer or any electronic device I/K communicates with: - Minor known to be under 18 - Another person who represents that person to be under 18 - Another person with reckless disregard that the person is under 18 - With intent to promote or facilitate the commission of a felony that is murder 1st, or 2nd, or that is a class A felony - I/K travels to the agreed upon meeting place at the agreed upon time Electronic Enticement of a Child 2nd / 707-757 (C Felony) - Same as above but with intent to promote or facilitate any other felony Indecent Electronic Display to a Child / 707-760 (Misdemeanor) - Intentionally masturbates or exposes genitals in a lewd manner live over a computer online/internet service or local bulletin board service to: - Minor known to be under 18 - Another person who represents that person to be under 18 - Another person with reckless disregard that the person is under 18  Extortion Extortion 1st / 707-765 (Class B Felony) - Commits extortion of property, labor, or services which exceeds $200 in any 12 month period. - By making or financing any extortionate extension of credit, or by collecting any line of credit. Extortion 2nd / 707-766 (Class C Felony) - Extortion of property, labor or service which exceeds $50 in any 12 month period. Extortion 3rd / 707-767 (Misdemeanor) - Extortion of property, labor or services ($50 and under). *** Extortion in any degree is a class A felony when a firearm, explosive, or any dangerous weapon is immediately available and is physically used as a part of the threat  (Prostitution: is not a form of “Labor Service”) Labor Trafficking Labor Trafficking 1st / 707-781 (Class A Felony) - I/K provides or obtains, or attempts to provide or obtain another person for labor or service by any of the following: - Any act of extortion - Any act of kidnapping - Any act of unlawful imprisonment - Any act relating to Sex Assault 1st, 2nd, or 3rd - Force, Deadly Force, or unlawful force - By deception - Requiring labor to be performed to repay a debt in place of currency - Using scheme cause person to believe family will suffer serious harm, serious financial loss, or physical restraint; or - Using or threatening to use any form of domination, restraint, or control over the person which, given the totality of the circumstances, would have the reasonably foreseeable effect of causing the person to engage in or to remain engaged in the labor or services. Labor Trafficking 2nd / 707-782 (Class B Felony) - An individual or business that Knowingly aids another person committing LT 1st. - Benefits financially by aiding another Knowingly or with Reckless disregard of the fact that another person has engaged in any act above.  Nonpayment of wages / Unlawful conduct with respect to documents Nonpayment of wages / 707-786 - in the capacity as an employer, I/K with intent to defraud fails or refuses to pay wages to the employee - C Felony if greater than $2,000 owed - Misdemeanor if less than $2,000 owed If Payment was not set then it be deemed bi-weekly Unlawful conduct with respect to documents / 707-787 (C Felony) Knowingly destroys, conceals, removes, confiscates or possesses any actual or purported government identification document of another person: - In the course of a violation or attempt to commit an Labor Trafficking 1st or 2nd - To prevent or restrict the ability of the other person to move or travel in order to maintain labor or services of the person  708 – Offenses Against Property Rights Habitual Property Crime: (Class C Felony) - Anyone who within 10 years of the instant offense has convictions for: - 3 Felonies within this chapter - 3 Misdemeanors within this chapter - Any combination of the above for 3. - Convictions must have occurred on separate dates, and be separate incidents.  Burglary Burglary 1st / 708-810 (Class B Felony) - Person Intentionally enters or remains unlawfully in a building, with intent to commit a crime therein against a person or property, and: - Armed with a Dangerous Instrument - I/K/R inflicts or attempts to inflict bodily injury on anyone - R disregards that the building is a dwelling of another, and the building is such a dwelling Burglary 2nd / 708-811 (Class C Felony) - Intentionally enters or remains unlawfully in a building with intent to commit a crime therein against a person or property right Possession of Burglar’s Tools / 708-812 (Misdemeanor) - Knowingly possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing forcible entry. - Knowingly possesses any master key  Burglary Cont. Burglary of a dwelling during a civil defense emergency / 708-817 (A Felony) - Commit Burglary 1st during a civil defense emergency or disaster relief period Burglary of a building during a civil defense emergency / 708-817 (B Felony) - Commit Burglary 2nd during a civil defense emergency or disaster relief period  Unauthorized Entry into a Dwelling Unauthorized Entry 1st / 708-812.55 (Class B Felony) - I/K enters unlawfully into a dwelling and another person was lawfully present in the dwelling who: - Was 62 years of age or older - Was an incapacitated person - Has a developmental disability Unauthorized Entry 2nd / 708-812.6 (Class C Felony) - I/K enters unlawfully into a dwelling and another person was lawfully present inside the dwelling. If Enters Dwelling: - There was a social gathering of invited guest - intended to join social gathering as an invited guest - no intent to commit unlawful act (Class will be Misdemeanor)  Criminal Trespass Criminal Trespass 1st / 708-813 (Misdemeanor) - I/K enters or remains unlawfully: - In a Dwelling - In or upon the premises of a hotel, or apartment building - K enters a premises which is fenced or closed and is in possession of a firearm - Upon any school after reasonable warning to leave, or any school between 10 pm and 5 am Criminal Trespass 2nd / 708-814 (Petty Misdemeanor) - K enters or remains unlawfully in or upon a premises that are enclosed to exclude intruders or are fenced. - Enters or remains unlawfully in or upon a commercial premises after reasonable warning to leave by the owner, or a police officer. - Enters or remains unlawfully in or upon a agriculture lands/unimproved - Enters or remains unlawfully in or upon a public housing project after reasonable warning to leave by the housing authorities, or a police officer, or between 10 pm and 5am  Criminal Trespass Cont. Criminal trespass onto public park/recreational grounds / 708-814.5 (Petty Misdemeanor) - Remains unlawfully in or upon public park/recreational ground after a request to leave by a L.E.O. when the request is based upon violation of posted sign or notice. - Criminal trespass on state land (PM), Ex. “Government Property No Trespass”, sign Simple Trespass / 708-815 (Violation) - Knowingly enters or remains unlawfully in or upon a premises. Entry upon sex, child, or spouse abuse shelter / 708-816.5 (Misdemeanor) -Knowingly enter or remain unlawfully upon the premises of a facility utilized as a sex abuse, child, abuse, or spouse abuse shelter after reasonable warning or request to leave by facility staff.  Criminal Property Damage Criminal Property Damage 1st / 708-820 (Class B Felony) - If by means other than fire the person: - I/K damages property and thereby R places another person in danger of death or bodily injury - I/K causes damage without consent in an amount exceeding $20,000 - I/K damages agricultural or aquacultural equipment or supplies, or livestock in an amount exceeding $1,500 - Any CPD during Emergency declare by Govenor & area that is covered Criminal Property Damage 2nd / 708-821 (Class C Felony) - I/K damages property through widely dangerous means - I/K causes damage without consent in an amount exceeding $1,500 - I/K damages agricultural or aquacultural equipment or supplies, or livestock in an amount exceeding $500  Criminal Property Damage Cont. Criminal Property Damage 3rd / 708-822 (Misdemeanor) - Recklessly causes damage though widely dangerous means - In an amount exceeding $500 - Agricultural, Aquacultural, livestock in an amount exceeding $100 Criminal Property Damage 4th / 708-823 (Petty Misdemeanor) - I/K damages the property of another Aggravated Criminal Property Damage / 708-823.6 (Misdemeanor) - I damages the property of another without consent and: - Has been convicted two or more times for CPD 3rd or 4th Failure to control Widely Dangerous Means / 708-824 ( Misdemeanor) - The person is under official/contractual duty to control the W.D.M. or the means were employed by the person or on the person premises and the person negligently fails to take measures to prevent danger  Criminal Tampering Criminal Tampering 1st / 708-826 (Misdemeanor) - With intent to cause a substantial interruption or impairment of service rendered to the public by a utility or institution providing health or safety protection without consent, and then causing the interruption, or impairment of services. Criminal Tampering 2nd / 708-827 (Petty Misdemeanor) - Intentionally tampers with the property of another person without consent, with intent to cause substantial inconvenience.  Misc. Criminal use of a noxious substance / 708-828 (Petty Misdemeanor) - Knowingly deposits on or in another’s vehicle any stink bomb, irritant, or offensive smelling substance Criminal Littering / 708-829 (Petty Misdemeanor) - Knowingly places, throws or drops litter on any public or private property or waters except in places designated for trash.  708-830 Theft Definition » 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.  Theft Theft 1st / 708-830.5 (Class B Felony) - Of property or services which exceeds $20,000 - Of a Firearm - Of dynamite or other explosive - Of property exceeding $300 in a Civil Service Emergency Theft 2nd / 708-831 (Class C Felony) - Of property from the person of another - Property or services exceeding $750 - Of aquacultural products from premises that is fenced and has “Private Property”, “No Trespassing” signs - Of agricultural equipment exceeding $100 or exceed 25 pounds, but not exceeding $20,000 on premises that are fenced with “Private Property” signs Theft 3rd 708-832 (Misdemeanor) - Of property exceeding $250 - Of gasoline, diesel fuel, or other petroleum products of any value not exceeding $750 Theft 4th / 708-833 (Petty Misdemeanor) - Of property or services NOT exceeding $250 Unauthorized operation of a recording device in a motion picture theater / 708-835.4 (MD) - A person commits the offense of unauthorized operation of a recording device in a motion picture theater if the person knowingly operates the audiovisual recording function of any device in a motion picture theater while a motion picture is being exhibited, without the consent of the motion picture theater owner. (Recording in movies.)  Theft Continued Theft of Copper / 708-835.7 (Class C Felony) - Theft of copper of a pound or more Theft of a beer keg / 708-835.8 (Misdemeanor) - Theft of a beer keg that holds five gallons or more, that is stamped, engraved, stenciled or marked with the name of a brewery. Unauthorized operation of recording device in a motion picture theatre / 708-835.4 (Misdemeanor) - Knowingly operates the audio visual recording function of any device in a motion picture theater while the motion picture is being exhibited Theft of Livestock / 708-835.5 (Class C Felony) - Have in possession livestock while on premises entered unlawfully - Having in possession a live animal, carcass or meat Telemarketing Fraud / 708-835.6 (B Felony) - with intent to defraud or misrepresent, obtains or attempts to obtain the transfer of property of another through communications conducted in part by telephone and involving direct or implied claims that the person contacted: -will receive anything of value Theft of Urn/ 708-XXXX (C Felony) -Stealing an urn by any means. ( No monetary value required) -An urn is a container that holds pr used to hol human remains  UCPV / UEMV UCPV / 708-836 (Class C Felony) - I/K exerts control over another’s vehicle by operating it without consent, or by changing the identity of the vehicle without consent of the owner. UEMV 1st / 708-836.5 (Class C Felony) - I/K enters or remains unlawfully in a motor vehicle without being invited, licensed, or authorized to do so with the intent to commit a crime against a person or property rights. UEMV 2nd / 708-836.6 (Misdemeanor) - I/K enters into a motor vehicle without being invited, licensed or authorized to do so  Failure to Return / UPCPI Failure to Return a Rental / 708-837 (Misdemeanor) - Intentionally does not return a rental vehicle within 48 hours after the time stated on the rental agreement. Failure to Return Rented Personal Property / 708-837.5 (Petty Misdemeanor) - I/K does not return leased property within 14 days after the return date stated in the contract. UPCPI / 708-839.55 (Class C Felony) - I/K possesses, without authorization, any confidential personal information of another in any form, including but not limited to mail, physical documents, identification cards, or information stored in digital form. Removal of Identification Mark (Misdemeanor) - deface erase or alter serial # or ID Marking. Knowingly conceal true ownership of property.  Misc. Removal of ID marks / 708-838 (Misdemeanor) - The person defaces, erases, or otherwise alters any serial number or ID mark place or inscribed by the manufacturer. Unlawful Possession / 708-839 (Misdemeanor) - Possess any article where the serial number or identification mark has been altered, erased, or changed. Theft of Utility Services / 708-839.5 - Intent to obtain utility services without paying the full lawful charge - Exceeds $750 (C Felony) - Under $750 (Misdemeanor) -Felony, if benefit of any commercial trade or business including operate in residence, home or dwelling. Hired person both will be charge  Identity Theft Person makes or causes to be made either directly or indirectly, a transmission of any personal information of another by oral or written statement, or any statement of electronic means with the intent to: Identity Theft 1st / 708-839.6 (Class A Felony) - Facilitate the commission of Murder, Class A Felony, Kidnapping, Unlawful Imprisonment, Extortion, or CPD 1st or 2nd - Commit the offense of Theft 1st from the person whose info was taken Identity Theft 2nd / 708-839.7 (Class B Felony) - Commit the offense of Theft 2nd from any person or entity Identity Theft 3rd / 708-839.8 (Class C Felony) - Commit the offense of Theft 3rd or 4th from a person or entity UPCPI (Class C Felony) - I/K Possesses w/out authorization any confidential info of another  Robbery Robbery 1st / 708-840 (Class A Felony) - If in the course of committing theft or non-consensual taking of vehicle: - The person attempts to kill another or I/K inflicts or attempts to inflict serious bodily injury upon another - The person is armed with a dangerous instrument or Simulated firearm, and the person uses force against the person of anyone present, or threatens the imminent use of force to compel acquiescence to the taking of property or escaping - The person uses force during a Civil Service Emergency, or threatens force to gain acquiescence during a Civil Service Emergency Robbery 2nd / 708-841 (Class B Felony) - The person uses force against the person of anyone present, or threatens the imminent use of force to compel acquiescence to the taking of property or escaping - The person recklessly inflicts serious bodily injury upon another  *Intent to Defraud* Forgery Forgery 1st / 708-851 (Class B Felony) Forgers or Utters - Stamps, Securities, or other valuable instruments issued by the government or government agency (Money) - Stock, bond, or other instrument against a corporate or organization Forgery 2nd / 708-852 (Class C Felony) - A deed, will, codicil, contract, assignment, commercial instrument, or other instrument which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest or obligation. (Checks) Forgery 3rd / 708-853 (Misdemeanor) - Person falsely makes. Completes, endorses or alters a written instrument, or utters a forged instrument. Criminal possession of a forgery device / 708-854 (C Felony) - makes or possesses any plate, die, or other device designed or adapted for use in forging written instruments  Forgery Offenses Criminal Simulation / 708-855 (Misdemeanor) - With intent to defraud a person, utters, makes or alters any object so that it appears to have rarity, antiquity that it does not possess Obtaining a signature by deception / 708-856 (Misdemeanor) - with intent to defraud causes another by deception to sign or execute a written instrument Negotiating a Worthless Instrument / 708-857 (Misdemeanor) - Person intentionally issues or negotiates a negotiable instrument knowing that it will not be honored - Prima Facie evidence is if the drawer had no account with the drawee at the time, or payment was refused for lack of funds within 30 days after the date of issue. Suppressing a testamentary instrument / 708-858 (C Felony) - A person commits the offense of suppressing a testamentary instrument if, with intent to defraud, the person destroys, removes, or conceals any will, codicil, or other testamentary instrument. - A person commits the offense of suppressing a recordable instrument if, with intent to defraud, the person destroys, removes, or conceals any deed, mortgage, security instrument, or other written instrument for which the law provides public recording.  Business and Commercial Frauds Deceptive business practices / 708-870 (Misdemeanor) - Engaging in a business, occupation, or profession the person knowingly or recklessly: - uses a false weight or measure - sells, offers or exposes for sale less than the represented quantity of any commodity or service - sells, offers or exposes for sale adulterated or mislabeled commodities False Advertising / 708-871 (Misdemeanor) - in connection with sale of property or services, knowingly or recklessly makes a false or misleading statement in any advertisement False labeling of Hawaii-grown coffee / 708-871.5 (C Felony) - Knowingly transports, distributes, advertises, sells, or possesses with intent to sell Hawaii-grown coffee that is falsely labeled with regard to the geographic origin of the Hawaii-grown coffee Falsifying business records / 708-872 (Misdemeanor) - with intent to defraud makes or causes false entry in the business records - alters, erases, deletes, removes, destroys a true entry in the business records - omits to make a true entry or prevents the making of a true entry in business records Trademark Counterfeiting / 708-875 (C Felony) - knowingly manufacture, produce, display, advertise, sells, any item bearing a counterfeit trademark  Commercial Bribery Commercial Bribery / 708-880 (Misdemeanor Under $1,000) (C Felony Over $1,000) - A person commits if he confers or offers or agrees to confer, directly or indirectly, any benefit upon: - Any agent or appraiser with intent to influence there selection, appraisal, or criticism. - Being an agent, appraiser or agent in charge of employment they solicit, accept or agree to accept and benefit with the intent to allow influence in their selection or decision * Tamper w/ Public Contest (MD)  Computer Fraud Computer Fraud 1st / 708-891 (Class A Felony) - Knowingly accesses a computer without authorization with intent to commit Theft 1st Computer Fraud 2nd / 708-891.5 (Class B Felony) - Knowingly accesses a computer without authorization with intent to commit Theft 2nd Computer Fraud 3rd / 708-8891.6 ( C Felony) -Knowingly accesses a computer without authorization with intent to commit Theft 3rd or Theft 4th  Computer Damage Computer Damage 1st / 708-892 (Class A Felony) » A person commits the offense of computer damage in the first degree if the person intentionally causes or attempts to cause damage to a computer, computer system, or computer network that manages or controls any critical infrastructure and the damage results in, or in the case of an attempt to cause damage would have resulted in if completed, the substantial impairment of: » (a) The operation of the computer, computer system, or computer network; or » (b) The critical infrastructure managed or controlled by the computer, computer system, or computer network. Computer Damage 2nd / 708-892.5 (Class B Felony) » A person commits the offense of computer damage in the second degree if: » (a) The person knowingly causes the transmission of a program, information, code, or command, and thereby knowingly causes unauthorized damage to a computer, computer system, or computer network; or » (b) The person intentionally accesses a computer, computer system, or computer network without authorization and thereby knowingly causes damage. » (2) As used in this section, "damage" means: » (a) A loss aggregating at least $5,000 in value, including the costs associated with diagnosis, repair, replacement, or remediation, during any one-year period to one or more individuals; » (b) The modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of one or more individuals; or » (c) Impairment or disruption of government operations. Computer Damage 3rd (Class C Felony) A person commits the offense of computer damage in the third degree if the person knowingly accesses a computer, computer system, or computer network without authorization and thereby recklessly causes damage.  Computer use in the commission of a Separate Crime / 708-893 (One class or grade higher then the offense facilitated) - I uses a computer to obtain control over property to commit Theft 1st or 2nd - Knowingly uses a computer to identify, select, solicit, persuade, coerce, or induce the victim for the following offenses: - Custodial Interference 1st or 2nd - Sex Assault 2nd, 3rd or 4th - Promoting Child Abuse 2nd - Promoting Pornography to Minors - Harass & Harass by Stalking  Unauthorized Computer Access Unauthorized Computer Access 1st / 708-895.5 (Class A Felony) - Knowingly accesses a computer, system or network without authorization and obtains information, and: - Offense committed for commercial or private financial gain - The value of info obtained exceeds $20,000 - Info is protected by the Courts against disclosure - Offense in furtherance of any other crime Unauthorized Computer Access 2nd / 708-895.6 (Class B Felony) - K accesses a computer, system or network without authorization and obtains information Unauthorized Computer Access 3rd / 708-895.7 (Class C Felony) - K accesses a computer, system or network without authorization  Credit Card Offenses Fraudulent Use of Credit Card (FUCC) 708-8100 - Uses or attempts or conspires to use for the purpose of obtaining money, goods or service a credit card or credit card number. - FUCC is a Class C Felony if the value of all goods, money or services exceeds $300 in any 6 month period. - Each separate use that exceeds $300 constitutes a separate offense. - FUCC is a Misdemeanor if the value of all goods, money or services is less than $300 in a 6 month period. Fraudulent encoding of credit card / 708-8100.5 (B Felony) - Intentionally changes/manipulates credit card number by encoding credit card numbers onto the magnetic strip of the credit card - Knowingly uses or sells any such card Making a False statement to procure a credit card / 708-8101 (Misdemeanor) - Makes any false statement in writing knowing it to be false for the purpose of procuring the issuance of a credit card  Continue Possession of unauthorized CC Machine or incomplete Cards w/out Consent 708- 8104 / Class C Felony Theft of CC / 708-8102 (Class C Felony) - take, issue, sale CC Fraud by a provider of goods & service / 708-8103 (Class C Felony) - Accepts CC for Service & Knows card is fake Money Laundering 708A-3 More than $10k, is a Felony B, fine not more than 25 k or 2x value Less than $10k is a Felony C, fine not more than 16k or 2x value  Cable TV and Telecommunication Service Offenses Cable TV service fraud 1st / 708-8200 (C Felony) - Knowingly distributes written instructions or plans to make or assemble a scrambler - Knowingly distributes a scrambler Cable TV service fraud 2nd / 708-8201 (Misdemeanor) - Knowingly possesses written instructions or plans to make or assemble a scrambler - Knowingly possesses a scrambler Money laundering; criminal penalty / 708A-3 - $10k or more is a Felony B, Fine not more than 25k or 2x value - less than $10k but more than $8k is a Felony C, fine not more than 16k or 2x value  Cable TV and Telecommunication Service Offenses Telecommunication service fraud 1st / 708-8202 (C Felony) - Knowingly publishes/distributes plans/instructions or makes/assembles a device used to obtain telecommunication service without payment of applicable charges - uses device and obtains services valued over $300 in a 6 month period Telecommunication service fraud 2nd / 708-8203 (Misdemeanor) - Knowingly possesses plans/instructions or device used to obtain telecommunication service without payment of applicable charges - uses device and obtains services valued under $300 in a 6 month period  Arson Arson 1st / 708-8251 (Class A Felony) - I/K sets fire to or causes to be burned property and: - Knowingly places another in danger of death or bodily injury - K or R damages the property of another exceeding $20,000 Arson 2nd / 708-78252 (Class B Felony) - I/K sets fire to or causes to be burned property and: - Recklessly places another in danger of death or bodily injury - K or R damages the property of another exceeding $1,500 Arson 3rd / 708-8253 (Class C Felony) - I/K sets fire to or causes to be burned property and: - Negligently places another in danger of death or bodily injury - K or R damages the property of another exceeding $500 Arson 4th / 708-8254 (Misdemeanor) - I/K/R sets fire to or causes to be burned property of another without consent  708 Continued- Unlicensed Contractor Unlicensed Contracting Activity/708-8300 (Misdemeanor) - Requires license under chapter 444; must renew no more than 60 days from expiration date if contracting word, title or false representation under chapter 444 Habitual Unlicensed Contracting Activity/708-8301 (Class C Felony) - 2 or more convictions within 10 years, for which the person is convicted in section 436 B-27 or 708-8300 (K) Unlicensed Contractor Fraud/708-8302 - Engages in any activity that requires a contractors license under chapter 444 -While engaged in activity, obtains or exert s control over property of another by deception, with intent to deprive the other of the property (K) 1st degree: FB, obtained more then $20k 2nd degree: VC, obtained less then $20k  709 – Offense Against Family and Incompetents Illegally Marrying / 709-900 (Petty Misdemeanor) - Intentionally marries or purports to marry knowing the person is legally ineligible to marry Concealing the corpse of an infant / 709-901 (Misdemeanor) - conceals he corpse of a new born child with intent to conceal the fact of its birth or to prevent a determination of whether it was born dead or alive Abandonment of a Child / 709-902 (Misdemeanor) - If being a parent, guardian or other person legally charged with the care or custody of a child less then 14, the person deserts the child in a place with the intent to abandon it Persistent Nonsupport / 709-903 (Misdemeanor) - Knowingly and persistently fails to provide which the person can and is legally obligated to do so to a spouse, child, or dependent Persistent nonsupport / 709-903 (Misdemeanor) - Knowingly and persistently fails to provide legally obliged support to spouse, child, or other dependent Compensation by an Adult / 709-904.5 (One class or grade higher then the offense committed) - Knowingly compensates, agrees to or offers compensation to a juvenile to commit a criminal offense  Endangering the Welfare of a Minor Endangering Minor 1st / 709-903.5 (Class C Felony) - I/K allows another person to inflict serious or substantial bodily injury on a minor - I/K causes or permits a minor to inject, ingest, inhale or otherwise introduce into the minor’s body any controlled substance Endangering Minor 2nd / 709-904 (Misdemeanor) - Recklessly allows another person to inflict serious or substantial bodily injury on a minor - Recklessly causes or permits a minor to inject, ingest, inhale or otherwise introduce into the minor’s body any controlled substance Endangering incompetent person / 709-902 (Misdemeanor) - K, acts in a manner likely to injure physical or mentally of a person unable to care for one self  Abuse 709-906 I/K Physically abuse (bodily injury) - dating relationship First Offense – 48 hours Jail Second Offense – Within 1 year of the first conviction minimum 30 days jail Third Offense – For third or any subsequent offense that occurs within 2 years of a second or subsequent conviction, the offense shall be a Class C Felony. Strangulation-Where the physical abuse consists of I/K impeding the normal breathing or circulation of the blood by applying pressure on the throat or neck, offense shall be a Class C Felony Less than 14-Physical abuse occurs in the presence of any FHM who is less than fourteen(14) yrs old and was in reasonable sight and sound of the abusive action. Abuse of Family of Household Members Warning Citation – two (2) business days.If occurs after 12:00 pm on Friday or Saturday shall be in affect till 1630 the day following the weekend or holiday  Abuse 709-906(6) Continue » It shall be a petty misdemeanor for a person to intentionally or knowingly strike, shove, kick, or otherwise touch a family or household member in an offensive manner or subject the family member or household member to offensive physical contact and the person shall be sentenced as provided in sections 706-640 and 706-663. » A petty misdemeanor offense occurring in the presence of a minor under the age of 14 does not qualify for the felony upgrade » A third or any subsequent abuse offense, including the petty misdemeanor offense, occurring within two years of a second or subsequent conviction (including the petty misdemeanor conviction) shall qualify for the felony upgrade » $1000 bail is the highest amount for any petty misdemeanors 710 – Offenses against Public Administration Obstructing Government Operations / 710-1010 (Misdemeanor) - By using or threatening to use violence, force or physical interference the person intentionally obstructs, impairs or hinders: - The performance of a governmental function by a public servant acting under color of their duties -LEO can not prohibit audio/video recording of the officer in a public place. The LEO may take reasonable action to maintain safety and control; protect the integrity and confidently of investigations. Interfering with the reporting of an Emergency / 710-1010.5 (Petty Misdemeanor) - I/K prevents a victim or witness from calling 911 Refusing to Aid Law Enforcement Officer / 710-1011 (Petty Misdemeanor) - Upon reasonable command Intentionally refuses an Officer in effecting an arrest, or preventing the commission of another crime. Refusing to assist in fire control / 710-1012 (Petty Misdemeanor) - Upon reasonable command Intentionally refuses to aid in extinguishing a fire or in protecting property at the scene of a fire - Upon command of a firefighter or L.E.O. intentionally disobeys an order relating to the conduct of persons in the vicinity of a fire Compounding / 710-1013 (Misdemeanor) - I accepts or agrees to accept any benefit as consideration for refraining from seeking prosecution of an offense or; - For refraining from reporting to law enforcement the commission of a crime, suspected crime, or any information relating to a crime  710 Continued Rendering a False Alarm / 710-1014 (Misdemeanor) - Knowingly causes a false alarm of fire or other emergency to be transmitted Misuse of 911 / 710-1014.5 (Misdemeanor) - Knowingly causes a false alarm - Makes a false complaint or reports false information in reckless disregard of the risk that a public safety agency will respond with emergency services False Reporting to Law Enforcement / 710-1015 (Misdemeanor) - Intentionally makes a report or causes the transmission of a report to law enforcement relating to a crime that he knows is false  710 Continued Impersonating a public servant / 710-1016 (Misdemeanor) - pretends to be a public servant other than a law enforcement officer and engages in conduct with intent to deceive anyone Obtaining a government issued ID under false pretenses 1st Degree / 710- 1016.3 (C Felony) - with intent to mislead a public servant and intent to commit a felony obtains a government ID by make any false statement oral or written Obtaining a government issued ID under false pretenses 2nd Degree/ 710- 1016.4 (Misdemeanor) - with intent to mislead a public servant obtains a government ID by make any false statement oral or written  Impersonating a Law Enforcement Officer Impersonating LEO 1st / 710-1016.6 (Class C Felony) - With intent to deceive , the person pretends to be a LEO and is armed with a firearm Impersonating LEO 2nd 710-1016.7 (Misdemeanor) - With intent to deceive the person pretends to be an LEO  710 Continued Tampering with a Government Record / 710-1017 (Misdemeanor) - Person K and falsely makes, completes or alters a written instrument which is or purports to be a government record or a true copy thereof - K presents a written instrument which is or purports to be a government record knowing that it has been falsely made, completed or altered Sale or manufacture of deceptive ID document / 710-1017.5 (C Felony) - Knowingly manufactures, sell, offers for sale, furnishes, transports, imports a fake ID card, birth certificate, passport, social security card - Deceptive identification document any id document not issued by govt » 710-1018 Securing the proceeds of an offense. » (1) A person commits the offense of securing the proceeds of an offense if, with intent to assist another in profiting or benefiting from the commission of a crime, he aids the person in securing the proceeds of the crime. » (2) Securing the proceeds of an offense is a class C felony if the person assisted committed a class A or B felony or murder of any degree; otherwise it is a misdemeanor.  Escape Escape 1st / 710-1020 (Class B Felony) - Intentionally employs force, the threat of physical force, or a dangerous instrument against the person of another in escaping from a correctional facility or custody Escape 2nd / 710-1021 (Class C Felony) - Intentionally escapes from a correctional facility or from custody  Promoting Prison Contraband Promoting Prison Contraband 1st / 710-1022 (Class B Felony) - Intentionally conveys a dangerous instrument or drug to any person confined in a correctional facility - Intentionally makes, obtains, or possesses a dangerous instrument or drug while confined in a correctional facility Promoting Prison Contraband 2nd / 710-1023 (Class C Felony) - Intentionally conveys known contraband to any person confined in a correctional facility - Intentionally makes, obtains or possesses known contraband while confined in a correctional facility  Bail Jumping / Intimidating Bail Jumping 1st / 710-1024 (Class C Felony) - Knowingly fails to appear in Court on a Felony Charge Bail Jumping 2nd / 710-1025 (Misdemeanor) - Knowingly fails to appear in Court on a Misdemeanor Charge Intimidating a Correctional Worker: (Class B Felony) - Person uses force upon or threat of force directed to a correctional worker, or the correctional workers immediate family, with intent to influence such workers conduct, decision, action or abstention from action as a correctional worker  Resisting to Stop » [§710-1026.9] Resisting an order to stop a motor vehicle in the first degree. (1) A person commits the offense of resisting an order to stop a motor vehicle in the first degree if the person: » (a) Intentionally fails to obey a direction of a law enforcement officer, acting under color of the law enforcement officer's official authority, to stop the person's motor vehicle; and » (b) While intentionally fleeing from or attempting to elude a law enforcement officer: » (i) Operates the person's motor vehicle in reckless disregard of the safety of other persons; or » (ii) Operates the person's motor vehicle in reckless disregard of the risk that the speed of the person's vehicle exceeds: » (A) The applicable state or county speed limit by thirty miles per hour or more; or » (B) Eighty miles per hour or more, irrespective of the applicable state or county speed limit. » For purposes of this section, "the applicable state or county speed limit" shall have the same meaning as in section 291C-105. » (2) Resisting an order to stop a motor vehicle in the first degree is a class C felony. » 710-1027 Resisting an order to stop a motor vehicle in the second degree. (1) A person commits the offense of resisting an order to stop a motor vehicle in the second degree if the person intentionally fails to obey a direction of a law enforcement officer, acting under color of the law enforcement officer's official authority, to stop the person's vehicle. » (2) Resisting an order to stop a motor vehicle in the second degree is a misdemeanor.  Resisting / Perjury Resisting Arrest / 710-1026 (Misdemeanor) - Intentionally prevents an arrest by using or threatening physical force against the Law Enforcement Officer or another - Using any other means creating a substantial risk of bodily injury to the LEO or another Perjury / 710-1060 (Class C Felony) - If in any official proceeding the person makes, under an oath required or authorized by law, a false statement which the person does not believe to be true » 710-1040 Bribery. (1) A person commits the offense of bribery if: » (a) The person confers, or offers or agrees to confer, directly or indirectly, any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion, or other action in the public servant's official capacity; or » (b) While a public servant, the person solicits, accepts, or agrees to accept, directly or indirectly, any pecuniary benefit with the intent that the person's vote, opinion, judgment, exercise of discretion, or other action as a public servant will thereby be influenced. » (2) It is a defense to a prosecution under subsection (1) that the accused conferred or agreed to confer the pecuniary benefit as a result of extortion or coercion. » (3) For purposes of this section, "public servant" includes in addition to persons who occupy the position of public servant as defined in section [710-1000], persons who have been elected, appointed, or designated to become a public servant although not yet occupying that position. » (4) Bribery is a class B felony. A person convicted of violating this section, notwithstanding any law to the contrary, shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853  Hindering Renders Assistance – Harbors or conceals a person, warns such person of there impending discovery, apprehension, prosecution, or conviction. Provides such person with money , transportation, weapon, disguise, or other means of avoiding apprehension. Suppresses by an act of concealment, alteration or destruction of any evidence. Hindering Prosecution 1st / 710-1029 (Class C Felony) - With the intent to hinder the apprehension and prosecution of a person wanted for an A, B, C Felony or murder in any degree the person renders assistance to the person. Hindering Prosecution 2nd / 710-1030 (Misdemeanor) - With the intent to hinder the apprehension and prosecution of another for prosecution of a crime the person renders assistance to the person.  Bribery / Intimidating a Witness Bribery of or by a Witness / 710-1070 (Class C Felony) - Offers or agrees to confer any benefit upon a witness or a person he believes is about to be called as a witness in order to: - Influence there testimony - Induce the person to avoid the summoning him to testify - Induce the person to absent himself from an official proceeding - A witness solicits, accepts or agrees to accept benefit for any of the above Intimidating a Witness / 710-1071 (Class C Felony) - Uses force or a threat directed at a witness with intent to: - Influence the testimony of that person - Induce that person to avoid summoning him to testify - Induce that person to absent himself from an official proceeding Retaliating against a witness / 710-1072 (C Felony) - uses force upon or threatens a witness or damages the property because of the attendance of the witness or any testimony given  Jury Tampering / Tampering with a Witness Tampering with a Witness / 710-1072 (Misdemeanor) - Intentionally engages in conduct to induce a witness in an official proceeding to: - Testify falsely or withhold any testimony which he is not privileged to be withheld - Absent himself from any official proceeding Jury Tampering / 710-1075 (Class C Felony) - With intent to influence a juror’s vote, opinion, decision, or other action in a case, the person attempts to directly or indirectly to communicate with a juror other than as part of proceedings in the trial of the case.  Intimidating / Retaliating against a juror Intimidating a juror / 710-1074 (Class B Felony) - Person uses force or a threat with intent to influence a juror’s vote, opinion, decision, or other action as a juror Retaliating against a juror / 710-1075.5 (Class C Felony) - Person uses force upon or threatens a juror or another person because of the vote, opinion, decision, or other action of the juror in an official proceeding Tampering with Physical Evidence / 710-1076 (Misdemeanor) - Destroys, mutilates, conceals, removes, or alters physical evidence with the intent to impair its verity in the pending official proceeding - Makes, presents, or offers any false physical evidence with intent that it be introduced in the pending official proceeding  711 – Offenses against Public Order Disorderly Conduct / 711-1101 (Petty Misdemeanor; cause substantial harm or serious inconvenience) (otherwise violation) - With intent to cause physical inconvenience or alarm by a member or member of the public, or recklessly creating a risk there of, the person: - Engages in fighting or threatening, or in violent behavior - Makes unreasonable noise - Subjects another person to offensively coarse behavior or abusive language which is likely to provoke a violent response - Creates a hazardous or physically offensive condition by any act which is not performed under any authorized license or permit - Impedes or obstructs, for the purpose of begging or soliciting alms  Failure to Disperse / Riot Failure to Disperse / 711-1102 (Misdemeanor) - When 6 or more persons are participating in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, a law enforcement officer may order to the participants in the immediate are to disperse - If the people Knowingly fail to comply with this order they are in violation Riot / 711-1103 (Class C Felony) - If the person participates with 5 or more persons in a course of disorderly conduct: - With the intent to facilitate the commission of a Felony - When the person or any other participant to the person’s knowledge uses or intends to use a firearm or other dangerous instrument in the course of disorderly conduct  Unlawful Assembly / Obstructing Unlawful Assembly / 711-1104 (Misdemeanor) - A person assembles with 5 or more other persons with the intent to engage in conduct constituting a riot - Being present at an assembly that either has or develops a purpose to engage in conduct constituting a riot, remains there with intent to advance the purpose Obstructing / 711-1105 (Petty Misdemeanor if refuses to comply with LEO order) (Violation otherwise) - K/R obstructs any highway or public passage, whether alone or with others -Provide less then 36 inches of space for passage on any paved public sidewalk  Harassment Harassment / 711-1106 (Petty Misdemeanor) - If with intent to harass, annoy, or alarm any other persons, the person: - Strikes, shoves, kicks, or otherwise touches another person in an offensive manner or subjects another person to offensive physical contact - Insults, taunts, or challenges another person in a manner likely to provoke an immediate violent response - Repeatedly makes phone calls, facsimile transmissions, or any form of electronic communication, without purpose of legitimate communication - Repeatedly makes a communication anonymously or at extremely inconvenient hours - Repeatedly makes communications after being asked to stop - Makes a communication using offensively coarse language that would cause the recipient to reasonably believe that the actor intends to cause bodily harm to the recipient or damage the property of the recipient  Harassment by Stalking / Aggravated Harassment by Stalking / 711-1106.5 (Misdemeanor) - With the intent to harass, annoy, or alarm another person, or in reckless disregard of the risk thereof, that person engages in a course of conduct involving pursuit, surveillance, or non-consensual contact upon the person on more than one occasion Aggravated Harassment by Stalking / 711-1106.4 (Class C Felony) - Person commits harassment by stalking, and has been convicted previously for Harassment by Stalking within 5 years of the instant offense Harassment by Impersonation / 711-1106.6 (Misdemeanor) - The person poses as another person, without the express authorization of that person, and makes or causes to be made a transmission of any personal information of the person to another by any oral, written, or electronic statement with the intent to harass, annoy or alarm any person  Desecration / Abuse of a Corpse Desecration / 711-1107 (Jail not more then 1 year, fine of not more then 10,000) A person intentionally desecrates: - Any public monument or structure - A place of worship or burial - In a public place the national flag or any other object of veneration by a substantial segment of the public Abuse of a Corpse / 711-1108 (Misdemeanor) - The person treats a corpse in a way that the person knows would outrage ordinary family sensibilities  Cruelty to Animals Cruelty to Animals 1st / 711-1108.5 (Class C Felony) - I/K tortures, mutilates, or poisons or causes the torture, mutilation, or poisoning of any pet animal or equine animal resulting in serious bodily injury or death of the animal - Kills or attempts to kill any pet animal belonging to someone else Cruelty too Animals 2nd / 711-1109 (Misdemeanor) - I/K/R overdrives, overloads, tortures, torments, beats, causes substantial bodily injury to, or starves any animal - Deprives a pet animal of necessary sustenance - Mutilates, poisons or kills without need any animal other than insects, vermin, or other pests - Keeps, uses, manages, or receives money for the admission of any person to the fighting or baiting of bull, bear or cock - Carries or causes to be carried any animal in a cruel or inhumane way - Confines in a kennel or cage any pet animal in a cruel or inhumane way - Tethers, fastens, ties or restrains a dog to a doghouse, tree, fence, or stationary object using a choke collar, pinch collar or prong collar  Fighting Dogs Cruelty to animals Fighting Dogs 1st / 711-1109.3 (Class B Felony) - K causes, sponsors, arranges dogfights for entertainment or financial gain - K owns, trains, transports, or equips any dog with the intent to fight it - R allows a dogfight to occur on there property - R allows any dog intended to be used for dogfight to be kept, trained on, or transported in any property owned by the person Cruelty to animals Fighting Dogs 2nd / 711-1109.35 (Class C Felony) - K wagers on a dogfight - K attends or pays to attend a dogfight - K possesses any device intended to enhance the dog’s fighting ability with the intent that the device be used to train or prepare the dog for the dogfight  Service Dogs / Animal Hoarding Causing Injury or Death to a Service Dog or law enforcement animal / 711-1109.4 (C Felony) - R causes substantial bodily injury or the death of any service dog or law enforcement animal in the discharge of his duties - Person is the owner of a dog and R permits that dog to attack a service dog or law enforcement animal in discharge of his duties, resulting in substantial bodily injury or death to the service dog or law enforcement animal Intentional Interference with the use of a Service Dog or law enforcement animal / 711- 1109.5 (Misdemeanor) - I/K Harms a service dog or law enforcement animal - I/K strikes or kicks a service dog or law enforcement animal Animal Hoarding / 711-1109.6 (Misdemeanor) - I/K/R possesses more than 15 dogs, cats, or any combination of the two - I/K/R fails to provide necessary sustenance for each dog or cat - I/K/R fails to correct the conditions under which the dogs or cats are living Pet Animal or Equine Animal Desertion. (Petty Misdemeanor) - It is unlawful to abandoned a pet animal or a horse, mule, donkey. - Becomes full misdemeanor if recklessly caused the death or substantial injury to the animal  Violation of Privacy Violation of Privacy 1st / 711-1110.9 (Class C Felony) - I/K installs or uses, or both, in any private place, without consent of the person or persons entitled to privacy, any device for observing, recording, amplifying, or broadcasting another person in a stage of undress or sexual activity Violation of Privacy 2nd / 711-1111 (Misdemeanor) - Intentionally trespasses on property for the purpose of subjecting anyone to eavesdropping, or other surveillance in a private place - Intentionally peers or peeps into a window of a dwelling or other structure for the purpose of spying on the occupant thereby invading there privacy with a lewd or unlawful purpose - Intentionally trespasses on property for the sexual gratification of the actor - Intentionally installs devices to broadcast or amplify sounds of other persons - Covertly records or broadcasts an image of another person’s intimate area underneath clothing, by use of any device, and that the image was taken while the person is in a public place and without the person’s consent -LEO can not prohibit audio/video recording of the officer in a public place. The LEO may take reasonable action to maintain safety and control; protect the integrity and confidently of investigations.  PUBLIC TRANSIT Interference with the Operator of a Public Transit vehicle / 711-1112 (Class C Felony) The person interferes with the operation of a public transit vehicle or lessens the ability of the operator to operate the public transport by: - I/K/R causing bodily injury to the operator - Threatening, by word or conduct, to cause bodily injury to the operator of the public transit vehicle with the intent to terrorize, or in a reckless disregard of the risk of terrorizing the operator of the public transit vehicle Definition: “Public transit vehicle" is a public paratransit vehicle providing service to the disabled, any transit vehicle used for the transportation of passengers in return for legally charged fees or fares, any school bus, or any taxi.  712 Public Health and Morals Prostitution / 712-1200 /(PM) A person commits the offense of prostitution if the person: Engages in, or agrees or offers to engage in, sexual conduct with another person in return for a fee; or Pays, agrees to pay, or offers to pay a fee to another to engage in sexual conduct. If the person who commits the offense under subsection (1)(a) is a minor(under 18), prostitution is a violation - C felony if “John” recklessly disregards that the prostitute is a victim of sex trafficking (C Felony) 712-1207 Street solicitation of prostitution; designated areas / Petty Misdemeanor It shall be unlawful for any person within the boundaries of Waikiki and while on any public property to: Offer or agree to engage in sexual conduct with another person in return for a fee; or Pay, agree to pay, or offer to pay a fee to another person to engage in sexual conduct. Sex Trafficking / 712-1202 (A Felony) - Knowingly advances prostitution by compelling or inducing a person by force, threat, fraud, or intimidation to engage prostitution - Advances or profits from prostitution of a person less than 18 Promoting Prostitution / 712-1203 (B Felony) - Knowingly advances or profits form prostitution 712-1208 / Promoting travel for prostitution /C Felony A person commits the offense of promoting travel for prostitution if the person knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in what would be prostitution if occurring in the State.  Prostitution Continue » Solicitation of prostitution near schools or public parks/(PM) » A person commits the offense of solicitation of prostitution near schools or public parks if, within seven hundred fifty feet (750ft) of a school or public park, the person offers or agrees to pay a fee to another person to engage in sexual conduct. » Solicitation of a minor for prostitution/ FELONY C - A person eighteen years of age or older commits the offense of solicitation of a minor for prostitution if the person intentionally, knowingly, or recklessly offers or agrees to pay a fee to a minor or to a member of a police department, a sheriff, or a law enforcement officer who represents that person's self as a minor to engage in sexual conduct.  712 Continued Open Lewdness / 712-1217 (Petty Misdemeanor) - Does any lewd act which is likely to be observed by others who would be affronted or alarmed Failure to maintain age verification records of sexually exploited individuals / 712-1218.5 (C Felony) Knowingly provides sexually exploited individuals (Strippers) with intent to profit and: - knowingly fails to create/maintain age verification records for each stripper - knowingly makes/cause to be made any false entry into the age verification records of the stripper(s) - knowingly fails to produce age verification records of the stripper upon lawful request by L.E.O.  Gambling Promoting Gambling 1st / 712-1221 (C Felony) - Engaging in bookmaking; receives more than five bets in seven day period totaling over $500 Promoting Gambling 2nd / 712-1222 (Misdemeanor) - Knowingly advances or profits from gambling activity Promoting Gambling aboard ships / 712-1222.5 (C Felony) Knowingly advances or profits from gambling activity by: - Managing, supervising, controlling, operating, or owning a gambling ship or craft that permits gambling within or without state waters as long as the ship/craft embarks and disembarks from the state Gambling / 712-1223 (Misdemeanor) - Knowingly advances or participates in gambling activity  Gambling Continued Possession of gambling Records 1st / 712-1224 (C Felony) Knowingly possesses, produces, or distributes any writing, paper, instrument or article: - commonly used in the operation or promotion of a bookmaking scheme, and constituting, reflecting, or representing more than five bets totaling in more than $500 Possession of gambling Records 2nd / 712-1225 (Misdemeanor) - Knowingly possesses, produces, or distributes any writing, paper, instrument or article: - commonly used in the operation or promotion of a bookmaking scheme Possession of a gambling Device / 712-1226 (Misdemeanor) - Manufactures, sells, transports, places, possesses any gambling device knowing it is to be used in the advancement of gambling activity  Meth Trafficking Methamphetamine trafficking 1st / 712-1240.7 (A Felony) - Knowingly distributes methamphetamine in any amount to a minor - Knowingly manufactures methamphetamine in any amount  PROMOTING DANGEROUS DRUGS PROMOTING HARMFUL PROMOTING DRUGS DETRIMENTAL DRUGS 1st DEGREE Possesses Possesses Possesses 1 oz. Dang. Drugs 1 oz. Harm. Drugs 400 Capsules (Schedule V) (MMCH = morphine, meth, cocaine, 100 Capsules (Schedule 1 oz. Schedule V heroine) III/IV) 1 lb. Marijuana 1.5 oz. Other Dang. Drugs 25 Plants Distributes Distributes 25 Capsules (Schedule III/IV) Distributes 25 Capsules (Schedule I/II) 1/8 oz. Harm. Drugs 50 Capsules (Schedule V) 1/8 oz. Dang. Drugs M.M.C.H To minors 1/8 oz. Schedule V 3/8 oz. Other Dang. Drugs Class A Felony Sells or barters any Schedule V To minor except METH 712-1244 Class C Felony Manufacture (Clan Lab) ANY AMOUNT 712-1247 Class A Felony 712-1241 2nd DEGREE Possesses Possesses Possesses 1/8 oz. Dang. Drugs 50 Capsules Schedule III/IV 50 Capsules Schedule V ¼ oz. Other Dang. Drugs 1/8 oz. Harm. Drugs 1/8 oz. Sch. V 25 Capsules Schedule I/II 1 oz. Marijuana Distributes Distributes Any amount Distributes Any amount Class B Felony Any amount Class B Felony 712-1245 Misdemeanor 712-1242 712-1248 3rd DEGREE Possesses Possesses Possesses Any amount 25 Capsules III/IV Any amount Class C Felony Class C Felony Petty Misdemeanor 712-1243 712-1246 712-1249 4th DEGREE Possesses Any amount Misdemeanor 712-1246.5  COMM 1st COMM 2nd DET 1st DET 2nd A Felony B Felony C Felony MIS Poss 25 lbs. of Marijuana 2 lbs. of Marijuana 1 lb. of Marijuana 1 oz. of Marijuana Distr 5 lbs. of Marijuana 1 lb. of Marijuana 1 oz. of Marijuana Any amount of Marijuana Own land Cultivate 100 plants Cultivate 50 plants Cultivate 25 plants Govt land Cultivate 25 plants Cultivate any plants Use firearm or dangerous weapon Sell or barter any marijuana to Sell or barter any to prevent theft minor marijuana to anyone