Hawaii Revised Statutes
803. Arrests, Search Warrants
803-48 Recovery of civil damages authorized.

§803-48 Recovery of civil damages authorized. Any person whose wire, oral, or electronic communication is accessed, intercepted, disclosed, or used in violation of this part shall[:]
(1) Have a civil cause of action against any person who accesses, intercepts, discloses, or uses, or procures any other person to access, intercept, disclose, or use the communications[;] and
(2) Be entitled to recover from any such person:
(A) The greater of[:]
(i) The sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation[;] or
(ii) Statutory damages of the greater of $100 a day for each day of violation or $10,000;
(B) Punitive damages, where appropriate; and
(C) A reasonable attorney's fee and other litigation costs reasonably incurred.
The aggrieved person may also seek and be awarded such preliminary, and other equitable or declaratory relief as may be appropriate. A good faith reliance on a court order shall constitute a complete defense to any civil action brought under this part. [L 1978, c 218, pt of §2; am L 1986, c 303, §8; am L 1989, c 164, §10; am L 2006, c 200, pt of §4]
Revision Note
In the first sentence, (1) and (2) reformatted as paragraphs (1) and (2) and (A)(i) and (ii) reformatted as clauses (i) and (ii) pursuant to §23G-15.

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 38. Procedural and Supplementary Provisions

803. Arrests, Search Warrants

803-1 Arrest; by warrant.

803-2 By oral order.

803-3 By person present.

803-4 On suspicion.

803-5 By police officer without warrant.

803-6 Arrest, how made.

803-7 Use of force.

803-8 Weapons on person arrested.

803-9 Examination after arrest; rights of arrested person.

803-10 Penalty.

803-11 Entering house to arrest.

803-16 Officer of United States Customs and Border Protection Service or Citizenship and Immigration Services; arrest powers.

803-17 United States marshal or deputy United States marshal; arrest powers.

803-21 Fugitive criminal; surrender by master of vessel.

803-22 Secreting prisoners on board; penalty.

803-23 Searching vessels without warrant; penalty.

803-24 War vessels excepted.

803-31 Search warrant; defined.

803-32 Purposes.

803-33 Affidavit.

803-33.5 Warrants issued on oral statements or electronic communications.

803-34 Contents.

803-35 Deputies or police officers may serve.

803-36 Notice to applicant.

803-37 Power of officer serving.

803-38 Munitions of war.

803-41 Definitions.

803-42 Interception, access, and disclosure of wire, oral, or electronic communications, use of pen register, trap and trace device, and mobile tracking device prohibited.

803-43 Devices to intercept wire, oral, or electronic communications and advertising of same prohibited; penalty; forfeiture.

803-44 Application for court order to intercept wire, oral, or electronic communications.

803-44.5 Application for a pen register or a trap and trace device.

803-44.6 Issuance of an order for a pen register or a trap and trace device.

803-44.7 Application for authorization to install and use a mobile tracking device.

803-45 Authorization for disclosure and use of intercepted wire, oral, or electronic communications.

803-46 Procedure for interception of wire, oral, or electronic communication.

803-47 Reports concerning intercepted wire, oral, or electronic communications; reports concerning pen registers and trap and trace devices.

803-47.5 Disclosure of contents of communication while in electronic storage.

803-47.6 Requirements for governmental access.

803-47.7 Backup preservation.

803-47.8 Delay of notification.

803-47.9 Cost reimbursement.

803-48 Recovery of civil damages authorized.

803-48.5 Injunction against illegal interception. Whenever it appears that any person is engaged or is about to engage in any act that constitutes or will constitute a felony violation of this part, the attorney general may initiate a civil action in...

803-49 Severability.

803-50 REPEALED.