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HB2043
HOUSE OF REPRESENTATIVES
H.B. NO.
2043
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to criminal mischief
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature finds that existing criminal
law makes it difficult to prosecute certain low level property offenses such as
egging, graffiti, and vandalism.
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Instances such as these often do not have an established property value
damage as determined by HRS 708-801.
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Nevertheless, these instances should not leave victims without
recourse.
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Other jurisdictions have
addressed this issue by creating a separate offense for so-called,
"criminal mischief".
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This
offense considers both pecuniary loss as well as substantial inconvenience to
the property owner.
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Accordingly, the
purpose of this Act is to establish the offense of criminal mischief.
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SECTION 2.
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Chapter 708, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
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�708-
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Criminal
Mischief.
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(1)
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A
person commits the offense of criminal mischief if by means other than fire, the
person intentionally, knowingly, or recklessly:
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(a)
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Tampers with
the tangible property of another without the other's consent and causes
pecuniary loss or substantial inconvenience to the other or a third person; or
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(b)
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Makes markings,
including inscriptions, slogans, drawings, or paintings, on the tangible
property of another without the other's consent.
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(2)
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Criminal
mischief is a petty misdemeanor.
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SECTION 3.
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New statutory material is underscored.
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SECTION 4.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
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SECTION 5.
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This Act shall take effect upon its approval.
INTRODUCED BY:
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Report Title:
Criminal
Mischief; Vandalism; Egging; Property Offense; Crime
Description:
Establishes
the offense of criminal mischief as a petty misdemeanor for low level property
offenses.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.