§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 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 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 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.