§708-8305 Unlicensed contractor fraud; valuation of property. (1) For purposes of unlicensed contractor fraud, the value of the property shall be the greater of:
(a) The value of property as provided in section 708-801; or
(b) The total value of all moneys and any assets of value paid or lost by the victim or victims pursuant to the same scheme or course of conduct.
(2) The value of any work done by the unlicensed contractor shall not be used as an offset for the value of the property calculated under this section. [L 2012, c 244, pt of §1; am L 2013, c 26, §1]
COMMENTARY ON § §708-8300 TO 708-8305
Act 244, Session Laws 2012, added these sections to deter unlicensed contracting activity. Specifically, Act 244 added a new part containing these sections to chapter 708 that established: (1) misdemeanor and felony offenses relating to unlicensed contracting activity; (2) felony offenses relating to unlicensed contractor fraud; and (3) a method for valuation of property in unlicensed contractor fraud cases. The legislature found that unlicensed contractors often operate without regard to safety and building requirements, unfairly undercut legitimate and licensed business operations, place consumers at risk, and cost the State millions of dollars in lost tax revenue. The legislature further found that unlicensed contractors often continue to engage in illegal work despite receiving civil penalties. Authorizing the imposition of criminal penalties on unlicensed contractors would help reduce the number of unlicensed contractors performing illegal work, promote legitimate businesses, protect consumers, and enhance state revenues. Senate Standing Committee Report No. 3348, Conference Committee Report No. 59-12.
Act 26, Session Laws 2013, amended §708-8305 to clarify that the value of any work done by an unlicensed contractor shall not be used as an offset in calculating the value of the property in unlicensed contractor fraud cases. Minimum thresholds for the total value of the property over which a person obtains control must be met in order for an act to constitute unlicensed contractor fraud in the first or second degree. By permitting an offset of the value of work illegally performed by an unlicensed contractor, the value of the property was less likely to meet the threshold necessary to constitute the offense. Act 26 made it clear that no offset should be applied when calculating the property value for the offenses. Senate Standing Committee Report No. 456, House Standing Committee Report No. 1410.
Act 182, Session Laws 2013, amended §708-8300(1) by clarifying that a contractor who inadvertently fails to maintain licensing requirements and who subsequently corrects the failure so that there was a lapse of no more than sixty days in licensure shall not be guilty of unlicensed contracting activity. Act 182 was intended to clarify that contractors licensed under chapter 444, who inadvertently failed to renew their licenses should not be treated as unlicensed contractors after the subsequent renewal of their licenses. Act 182 was consistent with existing licensure requirements under chapter 444, by clarifying that a lapse in licensure of no more than sixty days does not constitute unlicensed contracting activity. Senate Standing Committee Report No. 1373.
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.