§707-763  Collection of extensions of credit
by extortionate means.  (1)  "Collection of extensions of credit by
extortionate means" includes knowingly participating in any way, or
conspiring to do so, in the use of any extortionate means:



(a) To collect or attempt to collect any extension of
credit; or



(b) To punish any person for the nonrepayment
thereof.



(2)  In any prosecution under this part, for
the purpose of showing an implicit threat as a means of collection, evidence
may be introduced tending to show that one or more extensions of credit by the
creditor were, to the knowledge of the person against whom the implicit threat
was alleged to have been made, collected or attempted to be collected by
extortionate means or that the nonrepayment thereof was punished by
extortionate means.



(3)  In any prosecution under this part, if
evidence has been introduced tending to show the existence, at the time the
extension of credit in question was made, of the circumstances described in
subsection (2)(a) or subsection (2)(b) of section 707-761 and direct evidence
of the actual belief of the debtor as to the creditor's collection practices is
not available, then for the purpose of showing that words or other means of
communication, shown to have been employed as a means of collection, in fact
carried an express or implicit threat, the court may in its discretion allow
evidence to be introduced tending to show the reputation of the defendant in
any community of which the person against whom the alleged threat was made was
a member at the time of collection or attempt at collection. [L 1979, c 106, pt
of §1; am L 1980, c 232, §39]



 



COMMENTARY ON §§707-760 TO 763



 



  Act 106, Session Laws 1979, established these sections to
extend Hawaii's extortion laws to prohibit extortionate credit transactions.