§708-841 - Robbery in the second degree.

§708-841 Robbery in the second degree.
(1) A person commits the offense of robbery in the second degree if, in the
course of committing theft or non‑consensual taking of a motor vehicle:

(a) The person uses force against the person of
anyone present with the intent to overcome that person's physical resistance or
physical power of resistance;

(b) The person threatens the imminent use of force
against the person of anyone who is present with intent to compel acquiescence
to the taking of or escaping with the property; or

(2) Robbery in the second degree is a class B
felony. [L 1972, c 9, pt of §1; am L 1983, c 68, §2; am L 1986, c 314, §69; gen
ch 1993; am L 2006, c 230, §42]

COMMENTARY ON §§708-840 AND 841

Basically, robbery appears to consist of both theft and
threatened or actual assault. It is significant to note, however, that the
theft acts as an incentive to the threatened use of force. Thus the
combination of these two criminal activities has a multiplicative, rather than
a simple additive effect. This increased risk of harm is one reason why
robbery is treated as a separate offense and more severely penalized than the
sum of its simple components would seem to indicate.[1] Another reason which
has been advanced for the separate treatment of robbery is that the average
citizen feels a special degree of affront at the prospect of having his
possessions taken through the threat or use of force.[2] In a slightly different
vein, it has also been suggested that such an offender "exhibits himself
as seriously deviated from community norms, requiring more extensive
incapacitation and retraining."[3]

When the Legislature adopted the Code in 1972, it
consolidated the Proposed Draft's three degrees of robbery into two degrees.
The simple threat or use of force or the reckless infliction of serious bodily
injury in the commission of a theft constitutes robbery in the second degree
and carries a class B felony sanction. Where the person committing the above
acts is armed with a dangerous instrument, or intentionally inflicts serious
bodily harm, or attempts to kill, the offense is increased to the first degree
and its sanction to a class A felony.

Previous Hawaii law also recognized two degrees of robbery.
Robbery was defined as the "stealing of a thing from the person of another
or from his custody or presence, by force or putting him in fear."[4]
Robbery in the first degree was robbery by one armed with a dangerous weapon
who injured another in committing the robbery or who, if resisted, intended to
kill or injure another.[5] All other robbery was second degree robbery.[6]
Thus, the Code's definitions of the offenses are substantively similar to those
of prior Hawaii law; however, the Code's definitions are more inclusive than
prior law and are linguistically correlated with the theft offenses.

SUPPLEMENTAL COMMENTARY ON §§708-840 AND 841

Act 68, Session Laws 1983, amended §§708-840 and 841 so that
a person could be charged with robbery if that person, in committing theft,
used force intended to overcome any person's resistance. This amendment was
believed necessary because often a property owner is not present when force is
used to take that owner's property. In that case, under prior law the person
forcibly taking the property could not have been charged with robbery. Senate
Standing Committee Report No. 788.

Act 68, Session Laws 1998, amended §708-840 by including in
the offense of robbery in the first degree, situations where a person knowingly
inflicts or attempts to inflict serious bodily injury on another in the course
of committing a theft. The legislature believed that since robbery was
essentially an assault committed during the course of a theft, the statutory
scheme involving the highest degree of robbery, robbery in the first degree,
should be consistent with that of the assault statutes, and thus, robbery in
the first degree should include both the intentional and knowing states of
mind. Act 68 made the offense of robbery in the first degree consistent with
the offense of assault in the first degree. House Standing Committee Report
No. 1231-98.

Act 116, Session Laws 2006, amended §708-840, expanding the
offense of robbery in the first degree to include using force to commit a theft
or threatening imminent use of force against a person during a time of civil
defense emergency or during a period of disaster relief. Act 116 penalized the
commission of certain crimes during a time of a civil defense emergency
proclaimed by the governor or during a period of disaster relief. The
legislature found that Hurricanes Katrina and Rita created situations that
highlighted the prevalence of opportunistic crimes that can occur during these
times. When resources are needed to restore law and order, emergency response
aid to victims may be hampered or delayed, leaving victims at an increased risk
of bodily injury or death. Stronger measures to control law and order may
deter looting and other crimes. Senate Standing Committee Report Nos. 2938 and
3302, Conference Committee Report No. 64-06.

Act 230, Session Laws 2006, amended §§708-840(1) and
708-841(1) by establishing motor vehicle theft as part of the offenses of
robbery in the first and second degrees, respectively. House Standing
Committee Report No. 665-06.

Case Notes

Evidence of threat of force held sufficient. 2 H. App. 259,
630 P.2d 126.

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§§708-840 And 841 Commentary:

1. See Prop. Mich. Rev. Cr. Code, comments at 256.

2. M.P.C., Tentative Draft No. 11, comments at 69 (1960).

3. Id.

4. H.R.S. §765-1.

5. Id. §765-8.

6. Id.