§708-827  Criminal tampering in the second
degree.  (1)  A person commits the offense of criminal tampering in the
second degree if the person intentionally tampers with property of another
person, without the other person's consent, with intent to cause substantial
inconvenience to that person or to another.



(2)  Criminal tampering in the second degree is
a petty misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993; am L 1996, c 256, §3]



 



COMMENTARY ON §§708-825 TO 827



 



  The offenses of criminal tampering are addressed to two
significant problems.  (1) Harm may result from meddling with, but not
damaging, property which provides a service, thus altering the availability of
the service.  For example an electrical switch could be turned and the flow of
electrical power curtailed.  (2) Slight damage to property which provides a
service would not, in many cases, if handled solely as an offense of criminal
property damage under §§708-820 through 823, reflect the magnitude of social
harm involved.



  Section 708-826 provides misdemeanor liability for the most
aggravated form of tampering:  intentional interference with a public utility
defined in §708-825(2) to include a common carrier or an institution providing
health or safety services for the purpose and with the result of causing
substantial interruption or impairment of service furnished by the utility or
institution.



  A petty misdemeanor offense is provided by §708-827 where the
circumstances are less aggravated.  Under subsection (1)(a) the definition
requires that the actor intend to cause substantial inconvenience; however, the
offense is inchoate in the sense that the actor need not be successful. 
Moreover, the inconvenience need not be aimed at more than one person, and the
property tampered with need not be that of a utility or institution providing
protected services.  Under subsection (1)(b) liability is imposed for tampering
with a public utility without its consent.  Actual interference with the
operation of the utility need not be shown.



  Previous Hawaii law contained no specific prohibitions of the
sort contemplated by the present section.