(1) In addition to any other penalty, and notwithstanding a victim‘s failure to request restitution under section 706-646(2), the court shall order restitution to be paid to the victim, consisting of an amount that is the greater of:

criminal case

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Terms Used In Hawaii Revised Statutes 707-785

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Labor: means work of economic or financial value. See Hawaii Revised Statutes 707-780
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Services: means a relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor or a third party. See Hawaii Revised Statutes 707-780
  • Victim: means the person against whom an offense specified in § 707-781 or 707-782 has been committed. See Hawaii Revised Statutes 707-780
(a) The total gross income or value to the defendant of the victim’s labor or services; or
(b) The value of the victim’s labor or services, as guaranteed under the minimum wage provisions of chapter 387 or the Fair Labor Standards Act of 1938, Public Law 75-718, title 29 United States Code sections 201 through 219, inclusive, whichever is greater.
(2) The return of the victim to the victim’s home country or other absence of the victim from the jurisdiction shall not relieve the defendant of the defendant’s restitution obligation.

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