§708-814 - Criminal trespass in the second degree.

§708-814 Criminal trespass in the second
degree. (1) A person commits the offense of criminal trespass in the
second degree if:

(a) The person knowingly enters or remains unlawfully
in or upon premises that are enclosed in a manner designed to exclude intruders
or are fenced;

(b) The person enters or remains unlawfully in or
upon commercial premises after a reasonable warning or request to leave by the
owner or lessee of the commercial premises, the owner's or lessee's authorized
agent, or a police officer; provided that this paragraph shall not apply to any
conduct or activity subject to regulation by the National Labor Relations Act.

For the
purposes of this paragraph, "reasonable warning or request" means a
warning or request communicated in writing at any time within a one-year period
inclusive of the date the incident occurred, which may contain but is not
limited to the following information:

(i) A warning statement advising the person
that the person's presence is no longer desired on the property for a period of
one year from the date of the notice, that a violation of the warning will
subject the person to arrest and prosecution for trespassing pursuant to
section 708‑814(1)(b), and that criminal trespass in the second degree is
a petty misdemeanor;

(ii) The legal name, any aliases, and a
photograph, if practicable, or a physical description, including but not
limited to sex, racial extraction, age, height, weight, hair color, eye color,
or any other distinguishing characteristics of the person warned;

(iii) The name of the person giving the warning
along with the date and time the warning was given; and

(iv) The signature of the person giving the
warning, the signature of a witness or police officer who was present when the
warning was given and, if possible, the signature of the violator; or

(c) The person enters or remains on agricultural
lands without the permission of the owner of the land, the owner's agent, or
the person in lawful possession of the land, and the agricultural lands:

(i) Are fenced, enclosed, or secured in a
manner designed to exclude intruders;

(ii) Have a sign or signs displayed on the
unenclosed cultivated or uncultivated agricultural land sufficient to give
notice and reading as follows: "Private Property". The sign or
signs, containing letters not less than two inches in height, shall be placed
along the boundary line of the land and at roads and trails entering the land
in a manner and position as to be clearly noticeable from outside the boundary
line; or

(iii) At the time of entry, have a visible
presence of a crop:

(A) Under cultivation;

(B) In the process of being harvested; or

(2) Criminal trespass in the second degree is
a petty misdemeanor. [L 1972, c 9, pt of §1; am L 1974, c 49, §1; am L 1979, c
201, §1; am L 1980, c 232, §40; am L 1981, c 177, §2; gen ch 1993; am L 1998, c
146, §1; am L 2004, c 50, §2; am L 2005, c 181, §2 and c 212, §3]

Case Notes

Where defendant failed to adduce sufficient evidence to
support claim of the exercise of a constitutionally protected native Hawaiian
right and knowingly entered landowner's property which was fenced in a manner
to exclude others, trial court properly concluded that defendant was unlawfully
on property in violation of subsection (1). 89 H. 177, 970 P.2d 485.

Where persons were allowed on hotel premises if invited by
hotel guests, State had burden to prove that defendants were not so invited. 2
H. App. 264, 630 P.2d 129.

As criminal liability in section (1993) based only on
contemporaneous refusal to obey warning or request to leave premises, no
conviction where defendant returned to bar more than a month after being given
warning not to return to premises for a year. 80 H. 372 (App.), 910 P.2d 143.

Finding by court that property was "commercial
premises" protected by this section not clearly erroneous. 80 H. 460
(App.), 911 P.2d 95.

Hawaii Legal Reporter Citations

Conflict with administrative rules. 78-2 HLR 78-781.