RELATING TO THEFT.

SB3211

THE SENATE

S.B. NO.

3211

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO THEFT
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
�
The legislature finds that the State's theft
statutes currently require proof of a culpable mental state as to the value of
stolen property when value determines the grade of the offense, a requirement
that is inconsistent with the approach taken in the Model Penal Code and the
majority of jurisdictions nationwide.
�

The legislature further finds that this minority-rule framework has
resulted in unnecessary complexity and litigation, without materially advancing
public safety or proportionality.

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The
legislature also finds that the monetary thresholds used to distinguish between
degrees of theft have not kept pace with inflation.
�
As a result, conduct that historically
constituted lower-level theft offenses is increasingly classified as more
serious crimes based solely on nominal dollar amounts.
�
Adjusting these thresholds to reflect
inflation promotes fairness, proportionality, and consistency in enforcement.

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Accordingly,
the purpose of this Act is to:

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(1)
�
Clarify
that value is a grading factor for theft offenses that does not require proof
of a culpable mental state; and

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(2)
�
Update
theft threshold amounts to reflect inflation.

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SECTION

2
.
�
Section
708-801, Hawaii Revised Statutes, is amended to read as follows:

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"
�708-801
�

Valuation
of property or services.
�
Whenever the value of property or services is
determinative of the class or grade of an offense, or otherwise relevant to a
prosecution, the following shall apply:

����
(1)
�
Except as otherwise specified in this
section, value means the market value of the property or services at the time
and place of the offense, or the replacement cost if the market value of the
property or services cannot be determined.

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(2)
�
Whether or not they have been issued or
delivered, certain written instruments, not including those having a readily
ascertained market value, shall be evaluated as follows:

���������
(a)
�
The value of an instrument constituting
an evidence of debt, such as a check, traveler's check, draft, or promissory
note, shall be deemed the amount due or collectible thereon or thereby, that
figure ordinarily being the face amount of the indebtedness less any portion
thereof that has been satisfied;
or

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(b)
�
The value of any other instrument that
creates, releases, discharges, or otherwise affects any valuable legal right,
privilege, or obligation shall be deemed the greatest amount of economic loss
that the owner of the instrument might reasonably suffer by virtue of the loss
of the instrument.

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(3)
�
When property or services have value
but that value cannot be ascertained pursuant to the standards set forth above,
the value shall be deemed to be an amount not exceeding $100.

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(4)
�
[
When acting intentionally or
knowingly with respect to the value of property or services is required to
establish an element of an offense, the value of property or services shall be
prima facie evidence that the defendant believed or knew the property or
services to be of that value.
�
When
acting recklessly with respect to the value of property or services is
sufficient to establish an element of an offense, the value of the property or
services shall be prima facie evidence that the defendant acted in reckless
disregard of the value.
]
When the value of property or services
determines the grade of an offense pursuant to this chapter, the prosecution
shall not be required to prove a culpable mental state with respect to value.
�
Value shall be treated as a grading factor and
proof of value beyond a reasonable doubt shall be sufficient for grading
purposes.

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[
(5)
�
When acting intentionally or
knowingly with respect to the value of property or services is required to
establish an element of an offense, it is a defense, which reduces the class or
grade of the offense to a class or grade of offense consistent with the
defendant's state of mind, that the defendant believed the valuation of the
property or services to be less.
�
When
acting recklessly with respect to the value of property or services is required
to establish an element of an offense, it is a defense that the defendant did
not recklessly disregard a risk that the property was of the specified value.

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(6)
]

(5)
�

Amounts involved in thefts committed pursuant to one scheme or
course of conduct, whether the property taken be of one person or several
persons, may be aggregated in determining the class or grade of the
offense.
�
Amounts involved in offenses of
criminal property damage committed pursuant to one scheme or course of conduct,
whether the property damaged be of one person or several persons, may be
aggregated in determining the class or grade of the offense."

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SECTION

3
.
�
Section
708-830.5, Hawaii Revised Statutes, is amended to read as follows:

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"
�708-830.5
�

Theft in the first degree.
�
(1)
�
A person commits the offense of theft in the
first degree if the person commits theft of:

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(a)
�
Property
or services, the value of which exceeds [
$20,000;
]
$28,000;

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(b)
�
A firearm;

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(c)
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Dynamite or other explosive;

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(d)
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Property or services during an
emergency period proclaimed by the governor or mayor pursuant to chapter 127A,
within the area covered by the emergency or disaster under chapter 127A, the
value of which exceeds [
$300;
]
$500;

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(e)
�
P
roperty from the person of another who
is sixty years of age or older and the age of the property owner is known or reasonably
should be known to the person who commits theft;

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(f)
�
Property or services, the value of
which exceeds $750, from a person who is sixty years of age or older and the
age of the property owner is known or reasonably should be known to the person
who commits theft; or

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(g)
�
A motor vehicle or motorcycle as
defined in section 291C-1.

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(2)
�
Theft in the first degree is a class B
felony."

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SECTION

4
.
�
Section
708-831, Hawaii Revised Statutes, is amended by amending subsection (1) to read
as follows:

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"
(1)
�
A person commits the offense of theft in the
second degree if the person commits theft of:

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(a)
�
Property from the person of another;

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(b)
�
Property or services the value of which
exceeds [
$750;
]
$1,100;

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(c)
�
An aquacultural product or part thereof
from premises that are fenced or enclosed in a manner designed to exclude
intruders or there is prominently displayed on the premises a sign or signs
sufficient to give notice and reading as follows:
�
"Private Property", "No
Trespassing", or a substantially similar message;

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(d)
�
Agricultural equipment, supplies, or
products, or part thereof, the value of which exceeds $100 but does not exceed
$20,000, or of agricultural products that exceed twenty-five pounds, from
premises that are fenced, enclosed, or secured in a manner designed to exclude
intruders or where there is prominently displayed on the premises a sign or
signs sufficient to give notice and reading as follows:
�
"Private Property", "No
Trespassing", or a substantially similar message; or if at the point of
entry of the premises, a crop is visible.
�

The sign or signs, containing letters no less than two inches in height,
shall be placed along the boundary line of the land in a manner and in such a
position as to be clearly noticeable from outside the boundary line.
�
Possession of agricultural products without
ownership and movement certificates, when a certificate is required pursuant to
chapter 145, is prima facie evidence that the products are or have been stolen;

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(e)
�
Agricultural commodities that are
generally known to be marketed for commercial purposes.
�
Possession of agricultural commodities
without ownership and movement certificates, when a certificate is required
pursuant to section 145-22, is prima facie evidence that the products are or
have been stolen; provided that "agricultural commodities" has the
same meaning as in section 145-21;

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(f)
�
Property commonly used to store items
of monetary value, including but not limited to any purse, handbag, or wallet;

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(g)
�
Property or services, the value of
which exceeds $250, from a person who is sixty years of age or older and the
age of the property owner is known or reasonably should be known to the person
who commits theft; or

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(h)
�
An electric gun as defined in section
134-81."

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SECTION

5
.
�
Section
708-832, Hawaii Revised Statutes, is amended by amending subsection (1) to read
as follows:

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"
(1)
�
A person commits the offense of theft in the
third degree if the person commits theft:

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(a)
�
Of property or services the value of
which exceeds [
$250;
]
$400;
or

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(b)
�
Of gasoline, diesel fuel, or other
related petroleum products used as propellants of any value not exceeding [
$750.
]

$1,100.
"

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SECTION

6
.
�
Section
708-833, Hawaii Revised Statutes, is amended by amending subsection (1) to read
as follows:

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"
(1)
�
A person commits the offense of theft in the
fourth degree if the person commits theft of property or services of any value
not in excess of [
$250.
]
$400.
"

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SECTION
7.
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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
8.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.

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SECTION
9.
�
This Act shall take effect upon its
approval.

INTRODUCED BY:

_____________________________

Report Title:

Theft;
Value Threshold; Inflation; Valuation

Description:

Clarifies that the value of property or services is a
grading factor for theft offenses that does not require proof of a culpable
mental state.
�
Increases theft threshold
amounts.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.