(a) In any county with a population of five hundred thousand or more, no person shall sell or offer for sale a bicycle on an online sales platform, at a dealer, or elsewhere if the bicycle:
Attorney's Note
Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| misdemeanor | up to 1 year | $2,000 |
For details, see
Haw. Rev. Stat. § 706-663Terms Used In Hawaii Revised Statutes 293-3
“Dealer” has the same meaning as in § 486M-1.
“Online sales platform” means an internet website or application that:
(1) Is open to the public;
(2) Operates in the State; and
(3) Enables the sale of goods between persons using any medium of facilitation.
(e) The prosecution need not prove the person’s state of mind as to the attendant circumstance of the offense occurring in a county with a population of five hundred thousand or more.
(f) It shall be an affirmative defense that the person viewed the publicly available online stolen bicycle database and did not see the bicycle listed before selling or offering to sell the bicycle.
