§710-1016  Impersonating a public servant. 
(1)  A person commits the offense of impersonating a public servant if the
person pretends to be a public servant other than a law enforcement officer and
engages in any conduct in that capacity with intent to deceive anyone.



(2)  It is no defense to a prosecution under
this section that the office the person pretended to hold did not in fact
exist.



(3)  Impersonating a public servant is a
misdemeanor. [L 1972, c 9, pt of §1; am L 1984, c 139, §2; am L 2001, c 91, §4]



 



Cross References



 



  Harassment by impersonation, see §711-1106.6.



 



COMMENTARY ON §710-1016



 



  The object of this section is to prevent imposition on people
by the false pretense of authority.



  Previous Hawaii law recognized the offense of false personation
of a government officer and imposed a possible maximum sentence of one year's
imprisonment or a fine of $100.[1]  The Code authorizes the same imprisonment,
but a greater fine, for misdemeanors.  Excluded from Part II are offenses
involving falsity which borders on perjury, e.g., false application or consent
to marriage, false impersonation before a court.[2]  These problems are dealt
with directly in Part VI of this chapter.  Statutory protection for private
fraternal organizations, by making unauthorized display of the badge or
insignia of the organization a crime, is eliminated.[3]  Also eliminated is the
questionable distinction between the penalty which attaches to the unauthorized
wearing of a police officer's uniform or badge and that which attaches to the
unauthorized wearing of a uniform or badge which resembles a police
officer's.[4]  Both situations are covered equally under this section provided
other requirements are met.



 



SUPPLEMENTAL COMMENTARY ON §710-1016



 



  Act 139, Session Laws 1984, amended this section to exclude
the offense of impersonating a peace officer, which offense was made a class C
felony.



 



Case Notes



 



  Trial court properly found defendant guilty of impersonating
a public servant under this section where defendant wrote and signed a letter
to defendant's attorney, in the name of defendant's supervisor, requesting the
attorney to ask the presiding judge to drop contempt charges against
defendant.  94 H. 440 (App.), 16 P.3d 845.



 



__________



§710-1016 Commentary:



 



1.  H.R.S. §742-2.



 



2.  See H.R.S. §742-1.



 



3.  Id. §742-5.



 



4.  Compare id. §§742-3 with 742-4.