§708-872 - Falsifying business records.

§708-872  Falsifying business records. 
(1)  A person commits the offense of falsifying business records if, with
intent to defraud, the person:

(a) Makes or causes a false entry in the business
records of an enterprise; or

(b) Alters, erases, obliterates, deletes, removes, or
destroys a true entry in the business records of an enterprise; or

(c) Omits to make a true entry in the business
records of an enterprise in violation of a duty to do so which the person knows
to be imposed upon the person by law, other than for the information of the
government, or by the nature of the person's position; or

(d) Prevents the making of a true entry or causes the
omission thereof in the business records of an enterprise.

(2)  "Enterprise" means any entity of
one or more persons, corporate or otherwise, engaged in business, commercial,
professional, industrial, eleemosynary, or social activity.

(3)  "Business record" means any
writing or article kept or maintained by an enterprise for the purpose of
evidencing or reflecting its condition or activity.

(4)  Falsifying business records is a
misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]

COMMENTARY ON §708-872

  Inclusion of false information in an otherwise genuine
document or record is not covered by the forgery offenses.  Moreover, only
those private records which are required by law to be kept for the information
of the government are protected by the prohibition against tampering with
public records.[1]  "This leaves a large gap in the case of genuine business
records, the content of which has been deliberately falsified or rendered
incomplete as a prelude to working a fraud on potential customers.  Section
[708-872] is intended to close this gap."[2]  This section is aimed
primarily at conduct preparatory to the commission of fraud, as indicated by
the requisite culpability of intent to defraud, and not the protection of the
integrity of business records as such.

  Previous Hawaii law provided no general offense for the
falsification of business records.

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§708-872 Commentary:

1.  §710-1017.

2.  Prop. Mich. Rev. Cr. Code, comments at 294.