§708-858  Suppressing a testamentary or
recordable instrument.  (1)  A person commits the offense of suppressing a
testamentary instrument if, with intent to defraud, the person destroys,
removes, or conceals any will, codicil, or other testamentary instrument.



(2)  A person commits the offense of
suppressing a recordable instrument if, with intent to defraud, the person
destroys, removes, or conceals any deed, mortgage, security instrument, or
other written instrument for which the law provides public recording.



(3)  Each offense defined in this section is a
class C felony. [L 1972, c 9, pt of §1; gen ch 1993]



 



COMMENTARY ON §708-858



 



  This section makes it a class C felony to destroy, remove, or
conceal certain testamentary instruments or instruments for which the law
provides recording.  Despite the overlapping coverage, to some extent, with
offenses of criminal property damage (§§708-820 to 823), there exists certain
additional incidence of harm because the destruction of a will or a deed, for
example, could have substantially the same effect as forgery if the destruction
gave efficacy to a prior document and the grantor or testator refused or was
unable to remedy the situation.  This additional element of harm is the
principal reason for the present section.



  Previous Hawaii law did not recognize suppressing a
testamentary or recordable instrument as a separate criminal offense.