(1) A person commits the offense of unauthorized entry in a dwelling in the second degree if the person intentionally or knowingly enters unlawfully into a dwelling and another person was lawfully present in the dwelling.

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felonyup to 5 yearsup to $10,000
misdemeanorup to 1 year$2,000
For details, see Haw. Rev. Stat. § 706-660 and Haw. Rev. Stat. § 706-663
criminal case

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Terms Used In Hawaii Revised Statutes 708-812.6

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(2) Unauthorized entry in a dwelling in the second degree is a class C felony.
(3) 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; and
(c) The defendant had no intent to commit any unlawful act other than the entry.
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