(a) A person commits the offense of taking, appropriation, excavation, injury, destruction, or alteration of a burial site if the person knowingly:

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 year$2,000
For details, see Haw. Rev. Stat. § 706-663

Terms Used In Hawaii Revised Statutes 6E-72

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Burial site: means any specific unmarked location where prehistoric or historic human skeletal remains and their associated burial goods are interred, and its immediate surrounding archaeological context, deemed a unique class of historic property and not otherwise included in section 6E-41. See Hawaii Revised Statutes 6E-2
  • Department: means the department of land and natural resources. See Hawaii Revised Statutes 6E-2
  • Person: means any individual, firm, corporation, partnership, or association. See Hawaii Revised Statutes 6E-2
(1) Takes, appropriates, excavates, injures, destroys, or alters any burial site or the contents thereof, located on private land or land owned or controlled by the State or any of its political subdivisions, except as permitted by the department; or
(2) Takes, appropriates, excavates, injures, destroys, or alters any burial site or the contents thereof during the course of land development or land alteration activities to which § 6E-42 applies, without obtaining the required approval.
(b) Taking, appropriation, excavation, injury, destruction, or alteration of a burial site is a misdemeanor for which a fine not to exceed $25,000 may be imposed, in addition to any other penalty authorized by chapter 706 for a misdemeanor.
(c) Each day of a continued violation of this section shall constitute a distinct and separate offense.