(1) A person commits the offense of unauthorized control of a propelled vehicle in the first degree if the person intentionally or knowingly exerts unauthorized control over another’s propelled vehicle by operating the propelled vehicle without the owner’s consent or by changing the identity of the propelled vehicle without the owner’s consent.

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
For details, see Haw. Rev. Stat. § 706-660
criminal case

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Terms Used In Hawaii Revised Statutes 708-836

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Lien: A claim against real or personal property in satisfaction of a debt.
(2) It is an affirmative defense to a prosecution under this section that the defendant:

(a) Received authorization to use the propelled vehicle from an agent of the owner where the agent had actual or apparent authority to authorize the use;
(b) Is a lien holder or legal owner of the propelled vehicle, or an authorized agent of the lien holder or legal owner, engaged in the lawful repossession of the propelled vehicle; or
(c) Purchased the vehicle and reasonably believed oneself to be the actual owner of the vehicle.
(3) For the purposes of this section:

“Owner” means the registered owner of the propelled vehicle or the unrecorded owner of the propelled vehicle pending transfer of ownership; provided that if there is no registered owner of the propelled vehicle or unrecorded owner of the propelled vehicle pending transfer of ownership, “owner” means the legal owner.

“Propelled vehicle” means an automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle.

(4) Unauthorized control of a propelled vehicle in the first degree is a class C felony.

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