(1) A person commits the offense of unlawful imprisonment in the second degree if the person knowingly restrains another person.
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. § 706-663
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Terms Used In Hawaii Revised Statutes 707-722
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
In that case, the liability of the defendant, if any, is governed by § 707-727, and the defendant may be convicted under § 707-727, although charged under this section.
(3) In any prosecution under this section, it is an affirmative defense that:
(a) The person restrained was:
(i) On or in the immediate vicinity of the premises of a retail mercantile establishment for the purpose of investigation or questioning as to the ownership of any merchandise;
(ii) Restrained in a reasonable manner and for not more than a reasonable time; and
(iii) Restrained to permit the investigation or questioning by a police officer or by the owner of the retail mercantile establishment, the owner’s authorized employee, or the owner’s agent; and
(b) The police officer, owner, employee, or agent had reasonable grounds to believe that the person detained was committing or attempting to commit theft of merchandise on the premises.
(4) Unlawful imprisonment in the second degree is a misdemeanor.
