Home  > For Everyone  > Criminal Law  > {More Criminal Law Topics}  > Types of Crimes  > Property Crimes  > Hawaii Revised Statutes 708-814 - Criminal trespass in the second degree 
Search the Hawaii Revised Statutes

Hawaii Revised Statutes 708-814 - Criminal trespass in the second degree

Hawaii Revised Statutes > Division 5 > Title 37 > Chapter 708 > Part II > § 708-814 - Criminal trespass in the second degree


Current as of: 2010

  (1)  A person commits the offense of criminal trespass in the second degree if:

    (a)   The person knowingly enters or remains unlawfully in or upon premises that are enclosed in a manner designed to exclude intruders or are fenced;

    (b)   The person enters or remains unlawfully in or upon commercial premises after a reasonable warning or request to leave by the owner or lessee of the commercial premises, the owner's or lessee's authorized agent, or a police officer; provided that this paragraph shall not apply to any conduct or activity subject to regulation by the National Labor Relations Act.

              For the purposes of this paragraph, "reasonable warning or request" means a warning or request communicated in writing at any time within a one-year period inclusive of the date the incident occurred, which may contain but is not limited to the following information:

         (i)  A warning statement advising the person that the person's presence is no longer desired on the property for a period of one year from the date of the notice, that a violation of the warning will subject the person to arrest and prosecution for trespassing pursuant to section 708-814(1)(b), and that criminal trespass in the second degree is a petty misdemeanor;

        (ii)  The legal name, any aliases, and a photograph, if practicable, or a physical description, including but not limited to sex, racial extraction, age, height, weight, hair color, eye color, or any other distinguishing characteristics of the person warned;

       (iii)  The name of the person giving the warning along with the date and time the warning was given; and

        (iv)  The signature of the person giving the warning, the signature of a witness or police officer who was present when the warning was given and, if possible, the signature of the violator; or

    (c)   The person enters or remains on agricultural lands without the permission of the owner of the land, the owner's agent, or the person in lawful possession of the land, and the agricultural lands:

         (i)  Are fenced, enclosed, or secured in a manner designed to exclude intruders;

        (ii)  Have a sign or signs displayed on the unenclosed cultivated or uncultivated agricultural land 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 and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line; or

       (iii)  At the time of entry, have a visible presence of a crop:

              (A)  Under cultivation;

              (B)  In the process of being harvested; or

              (C)  That has been harvested.

     (2)  Criminal trespass in the second degree is a petty misdemeanor.

previous sectionPart II Table of Contentsnext section
Previous sectionPart II Table of ContentsNext section

________________________________________________________________________

Questions & Answers: Property Crimes

So... What you're saying is that You're a "Snitch"?? Don't cry now.. Mickey ...
IRS Pub 547 states taking of money or property through fraud or misrepresentation is theft if it is illegal under state law. If Timeshare fraud that involves a person sending money...
I work at a tax preparation firm and I have a co-worker who has went into my personal tax return and viewed it numerous times without any ones permission. is this computer trespass...
Mike, North Carolina General Statutes 14-458 creates the crime of computer trespass but applies only where the intent is to do one of the things listed in paragraphs (1) through (6...
I was called by my brother.He was on vacation out of state he asked me to go and check on his land that his girlfriend said there was a cow carcass on his land for me to check and ...
so what if i was given a corrective action at work and disagreed, did not sign the form, appealed the corrective action to be lower level, and work lowered the level of action and ...

See also:

Hawaii Revised Statutes Chapter 708 - Offenses Against Property Rights

U.S. Code Provisions: Property Crimes

U.S. Code Title 18 > Part I > Chapter 31 - Embezzlement And Theft
U.S. Code Title 18 > Part I > Chapter 103 - Robbery And Burglary
U.S. Code Title 18 > Part I > Chapter 105 - Sabotage
U.S. Code Title 18 > Part I > Chapter 113 - Stolen Property
Comments (0)add comment

Post a comment or question below.
smaller | bigger

busy
 
Email  Email Print  Print   Digg

The Dickerson & Smith Law Group
Virgina Beach, VA Full service law firm

115 S. Lynnhaven Road, Suite 100
Virginia Beach, Virginia 23452
Practice Areas: Criminal Law
www.daviddickerson.com/
The Dickerson & Smith Law Group

115 S. Lynnhaven Road, Suite 100
Virginia Beach, Virginia 23452
Practice Areas: Criminal Law
www.daviddickerson.com/
Gabriel & Associates, PC
Virgina Beach, VA Family law attorneys

5226 Indian River Road, Suite 100
Virginia Beach, Virginia 23464
Practice Areas: Criminal Law
www.gabriellawyers.com/
monotone-frail