§708-828  Criminal use of a noxious
substance.  (1)  A person commits the offense of criminal use of a noxious
substance if the person knowingly deposits on the premises or in the vehicle of
another, without the other's consent, any stink bomb or device, irritant, or
offensive-smelling substance, with the intent to interfere with another's use
of the premises or vehicle.



(2)  Criminal use of a noxious substance is a
petty misdemeanor. [L 1972, c 9, pt of §1]



 



COMMENTARY ON §708-828



 



  This section recognizes that the use value of a person's
property may be impaired by the use of noxious substances without the
involvement of tampering (§§708-826 to 827) or actual damage (§§708-820 to
823).  This form of interference with the use of property can be significantly
grave to warrant the low grade of criminal sanction provided by this section.



  Under previous Hawaii law, the conduct described in this
section would fall within the ambit of the indiscriminately- defined offense of
common nuisance.[1]  The Code sharpens the focus and definition of the offense,
as it relates to noxious substances, and reduces slightly the possible penalty.



 



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§708-828 Commentary:



 



1.  H.R.S. §727-1.