§708-835.5  Theft of livestock.  (1)  A
person commits the offense of theft of livestock if the person commits theft
by:



(a) Having in the person's possession a live animal
of the bovine, equine, swine, sheep, or goat species, or its carcass or meat,
while in or upon premises that the person knowingly entered or remained
unlawfully in or upon, and that are fenced or enclosed in a manner designed to
exclude intruders; or



(b) Having in the person's possession a live animal,
carcass, or meat in any other location.



(2)  Possession of livestock without a
livestock ownership and movement certificate, when a certificate is required
pursuant to section 142-49, is prima facie evidence that the livestock is or
has been stolen.



(3)  Theft of livestock is a class C felony.



(4)  A person convicted of committing the
offense of theft of livestock shall be sentenced in accordance with chapter
706, except that for a first offense the court shall impose a minimum sentence
of a fine of at least $1,000 or restitution, whichever is greater. [L 1990, c
28, §1; am L 2005, c 182, §4; am L 2006, c 230, §39]



 



COMMENTARY ON §708-835.5



 



  Act 28, Session Laws 1990, amended this section by specifying
the minimum sentences for this class C felony.  House Standing Committee Report
No. 78-90.



  Act 182, Session Laws 2005, amended this section by
establishing that possession of livestock without a livestock ownership and
movement certificate is prima facie evidence that the livestock is or has been
stolen.  Act 182 addressed the problem of agricultural theft in Hawaii by amending various provisions of Hawaii's theft laws relating to agricultural
livestock and products.  Conference Committee Report No. 77, Senate Standing
Committee Report No. 1359.



  Act 230, Session Laws 2006, amended subsection (1) by adding
goats to the types of live animal or meat, the theft of which constitutes theft
of livestock.  House Standing Committee Report No. 665-06.