(1) A person commits the offense of unauthorized entry in a dwelling in the first degree if the person intentionally or knowingly enters unlawfully into a dwelling and another person was, at the time of the entry, lawfully present in the dwelling who:
Attorney's Note
Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| Class B felony | up to 10 years | up to $25,000 |
| misdemeanor | up to 1 year | $2,000 |
For details, see
Haw. Rev. Stat. § 706-660 and
Haw. Rev. Stat. § 706-663
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Terms Used In Hawaii Revised Statutes 708-812.55
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
“Developmental disability” shall have the same meaning as in section 333E-2.
“Incapacitated person” shall have the same meaning as in § 560:5-102.
(3) Unauthorized entry in a dwelling in the first degree is a class B felony.
(4) It shall be an affirmative defense that reduces this offense to a misdemeanor that, at the time of the unlawful entry:
(a) There was a social gathering of invited guests at the dwelling the defendant entered;
(b) The defendant intended to join the social gathering as an invited guest; and
(c) The defendant had no intent to commit any unlawful act other than the entry.
