§708-8204 Forfeiture of telecommunication service device and cable television service device. Any telecommunication service device, cable television service device, or instructions or plans therefor, or any materials for making or assembling a telecommunication service device possessed or used in violation of sections 708-8200 to 708-8203 may be ordered forfeited to the State for destruction or other disposition, subject to the requirements of chapter 712A. [L 1987, c 268, pt of §2; am L 1989, c 261, §20; am L 1996, c 222, §5]
Cross References
Definitions of states of mind, see §702-206.
COMMENTARY ON § §708-8200 TO 708-8204
Act 268, Session Laws 1987, placed telecommunication and cable television theft in the Code for the purpose of consolidating this type of theft with other statutory thefts. Previously, all telecommunication and cable television thefts were misdemeanors. This Act made telecommunication and cable thefts a felony under certain circumstances. The reclassification was made to conform Hawaii law with federal law. Senate Standing Committee Report No. 1133.
Act 300, Session Laws 1988, deleted from § §708-8200 and 708-8202 the phrase, "or has reason to believe" as an element of offense under these sections. The Code sets forth certain states of mind required for a criminal conviction and does not recognize "reason to believe" as an accepted criminal state of mind. House Standing Committee Report No. 1588-88, Senate Standing Committee Report No. 2151.
Act 120, Session Laws 1993, amended § §708-8202 and 708-8203 to include the unlawful selling or using of a telephone "access device," defined as any telephone calling card number, credit card number, account number, or personal identification number that can be used to obtain telephone service. The legislature found that this criminal activity impacts telephone services in the State by increasing costs to consumers and businesses, and also affects tourists at airports and other locations when calling card numbers are retrieved from unsuspecting telephone users. House Standing Committee Report No. 1212, Senate Standing Committee Report Nos. 215 and 694.
Act 222, Session Laws 1996, amended § §708-8202, 708-8203, and 708-8204, by, inter alia, establishing the use of a telecommunication service device to obtain telecommunication services as telecommunication service fraud in the first degree or telecommunication service fraud in the second degree. The Act was intended to expand the scope of the law establishing the offense of telecommunication service fraud, to include fraud involving cellular telephone devices and services. The legislature recognized that cellular telephone fraud had become a major problem in the country, increasing consumer costs, and contributing to increased drug-related criminal activity, and that current state law did not provide comprehensive protection for telecommunication services theft. House Standing Committee Report No. 1521-96, Senate Standing Committee Report No. 2017.
Structure Hawaii Revised Statutes
708. Offenses Against Property Rights
708-800 Definitions of terms in this chapter.
708-801 Valuation of property or services.
708-802 Property recovered in offenses against property rights.
708-803 Habitual property crime.
708-804 Control of albizia trees on private property.
708-810 Burglary in the first degree.
708-811 Burglary in the second degree. § §708-810 And 708-811 Commentary:
708-812 Possession of burglar's tools.
708-812.6 Unauthorized entry in a dwelling in the second degree.
708-812.55 Unauthorized entry in a dwelling in the first degree.
708-813 Criminal trespass in the first degree.
708-814 Criminal trespass in the second degree.
708-814.5 Criminal trespass onto public parks and recreational grounds.
708-814.7 Criminal trespass onto state lands.
708-815 Simple trespass. § §708-813 To 708-815 Commentary:
708-817 Burglary of a dwelling during an emergency period.
708-818 Burglary of a building during an emergency period.
708-820 Criminal property damage in the first degree.
708-821 Criminal property damage in the second degree.
708-822 Criminal property damage in the third degree.
708-823 Criminal property damage in the fourth degree. § §708-820 To 708-823 Commentary:
708-823.5 Aggravated criminal property damage.
708-823.6 Graffiti; sentencing.
708-824 Failure to control widely dangerous means. §708-824 Commentary:
708-825 Criminal tampering; definitions of terms.
708-826 Criminal tampering in the first degree.
708-827 Criminal tampering in the second degree.
708-828 Criminal use of a noxious substance. §708-828 Commentary:
708-829 Criminal littering. §708-829 Commentary:
708-830.5 Theft in the first degree.
708-831 Theft in the second degree.
708-832 Theft in the third degree.
708-833 Theft in the fourth degree. § §708-830 To 708-833 Commentary:
708-835 Proof of theft offense. §708-835 Commentary:
708-835.4 Unauthorized operation of a recording device in a motion picture theater.
708-835.6 Telemarketing fraud.
708-835.55 Theft; agricultural product; sentencing.
708-836 Unauthorized control of a propelled vehicle in the first degree. §708-836 Commentary:
708-836.1 Unauthorized control of a propelled vehicle in the second degree.
708-836.5 Unauthorized entry into motor vehicle in the first degree.
708-836.6 Unauthorized entry into motor vehicle in the second degree.
708-837 Failure to return a rental motor vehicle; penalty.
708-837.5 Failure to return leased or rented personal property; penalty.
708-838 Removal of identification marks.
708-839.6 Identity theft in the first degree.
708-839.55 Unauthorized possession of confidential personal information.
708-840 Robbery in the first degree.
708-841 Robbery in the second degree. § §708-840 And 708-841 Commentary:
708-842 Robbery; "in the course of committing a theft". §708-842 Commentary:
708-850 Definitions of terms in this part.
708-851 Forgery in the first degree.
708-852 Forgery in the second degree.
708-853 Forgery in the third degree. § §708-851 To 708-853 Commentary:
708-854 Criminal possession of a forgery device.
708-856 Obtaining signature by deception.
708-857 Negotiating a worthless negotiable instrument. §708-857 Commentary:
708-858 Suppressing a testamentary or recordable instrument.
708-870 Deceptive business practices. §708-870 Commentary:
708-871 False advertising. §708-871 Commentary:
708-871.5 False labeling of Hawaii-grown coffee.
708-872 Falsifying business records. §708-872 Commentary:
708-873 Defrauding secured creditors. §708-873 Commentary:
708-874 Misapplication of entrusted property. §708-874 Commentary:
708-875 Trademark counterfeiting.
708-880 Commercial bribery. §708-880 Commentary:
708-881 Tampering with a publicly-exhibited contest. §708-881 Commentary:
708-890 to 708-896 REPEALED. §708-890 Definitions.
708-891 to 708-893 OLD REPEALED. §708-891 Computer fraud in the first degree.
708-891.5 Computer fraud in the second degree.
708-891.6 Computer fraud in the third degree.
708-892 Computer damage in the first degree.
708-892.5 Computer damage in the second degree.
708-892.6 Computer damage in the third degree.
708-893 Use of a computer in the commission of a separate crime.
708-894 Forfeiture of property used in computer crimes.
708-895.5 Unauthorized computer access in the first degree.
708-895.6 Unauthorized computer access in the second degree.
708-895.7 Unauthorized computer access in the third degree.
708-8100 Fraudulent use of a credit card.
708-8101 Making a false statement to procure issuance of a credit card.
708-8102 Theft, forgery, etc., of credit cards.
708-8103 Credit card fraud by a provider of goods or services.
708-8104 Possession of unauthorized credit card machinery or incomplete cards.
708-8105 Credit card lists prohibited; penalty.
708-8106 Defenses not available.
708-8120 and 708-8121 REPEALED.
708-8200 Cable television service fraud in the first degree.
708-8201 Cable television service fraud in the second degree.
708-8202 Telecommunication service fraud in the first degree.
708-8203 Telecommunication service fraud in the second degree.
708-8204 Forfeiture of telecommunication service device and cable television service device.
708-8251 Arson in the first degree.
708-8252 Arson in the second degree.
708-8253 Arson in the third degree.
708-8254 Arson in the fourth degree.
708-8300 Unlicensed contracting activity.
708-8301 Habitual unlicensed contracting activity; felony.
708-8302 Unlicensed contractor fraud.
708-8303 Unlicensed contractor fraud in the first degree.
708-8304 Unlicensed contractor fraud in the second degree.
708-8305 Unlicensed contractor fraud; valuation of property.