[§708-823.2]  Criminal trespass on agricultural land.  (1)  A person commits the offense of criminal trespass on agricultural land if the person enters or remains unlawfully on agricultural land without the permission of the owner of the land, the owner's agent who is authorized by the owner to give the permission, or the person in lawful possession of the land, and the agricultural land:

     (a)  Is fenced, enclosed, or secured in a manner designed to exclude intruders or marked by a structure or barrier, including a cattle grid, cattle grate, or other obstacle, used to secure livestock; or

     (b)  At the time of entry, is fallow or has a visible presence of livestock-raising, such as cattle, horses, water troughs, shelters, or paddocks, or a crop:

          (i)  Under cultivation;

         (ii)  In the process of being harvested; or

        (iii)  That has been harvested.

     (2)  Subsection (1) shall not apply to:

     (a)  A process server who enters or remains in or upon the land or premises of another, unless the land or premises are secured with a fence and locked gate, for the purpose of making a good faith attempt to perform the process server's legal duties and to serve process upon any of the following:

          (i)  An owner or occupant of the land or premises;

         (ii)  An agent of the owner or occupant of the land or premises; or

        (iii)  A lessee of the land or premises.

          For the purposes of this paragraph, "process server" means any person authorized under the Hawaii rules of civil procedure, district court rules of civil procedure, Hawaii family court rules, or section 353C-11 to serve process; or

     (b)  A professional land surveyor, or assistant under the direct supervision of the professional land surveyor, who enters or remains in or upon the land or premises of another for the purpose of performing land surveying at the request of the landowner of, or person with an interest in, the real property to be surveyed.

     (3)  Except as provided in subsection (4), criminal trespass on agricultural land shall be a misdemeanor, and any person who violates this section shall be sentenced as follows, without possibility of probation or suspension of sentence:

     (a)  For a first offense, or any offense not preceded within five years of a previous conviction for an offense under this section:

          (i)  A term of imprisonment of not less than three consecutive days; and

         (ii)  A fine of not less than $500;

     (b)  For an offense that occurs within five years of a previous conviction for an offense under this section:

          (i)  A term of imprisonment of not less than thirty days; and

         (ii)  A fine of not less than $1,000; and

     (c)  For an offense that occurs within five years of two or more previous convictions for offenses under this section:

          (i)  A term of imprisonment of not less than ninety days; and

         (ii)  A fine of $2,000.

     (4)  Any person who violates this section while in possession of a dangerous instrument shall be guilty of a class C felony.

     (5)  Any fines imposed in connection with the offense under this section shall be deposited with the director of finance who shall deposit the fines into the animal industry special fund established pursuant to section 142-3.6.

     (6)  For the purposes of this section:

     "Agricultural land" means any land used primarily for a farming operation.  "Agricultural land" includes state- or county-owned agricultural land, privately owned agricultural land, and land used for farm buildings and dwellings and roads and irrigation infrastructure associated with these lands.

     "Dangerous instrument" has the same meaning as defined in section 707-700.

     "Fallow" means land associated with agricultural production that is left unseeded or unplanted for one or more growing seasons.

     "Farming operation" means a commercial agricultural or aquacultural facility or pursuit conducted, in whole or in part, including the care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses; the planting, cultivating, harvesting, and processing of crops; and the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment. [L 2025, c 235, §38]

COMMENTARY ON §708-823.2

  Act 235, Session Laws 2025, added this section to establish the offense of criminal trespass on agricultural land.  The legislature found that agricultural crimes, including theft, vandalism, trespassing, and illegal hunting, posed a significant and growing threat to the sustainability and growth of the State's agricultural industry.  Weak enforcement mechanisms and resource shortages related to agricultural crime hindered effective crime prevention and prosecution, allowing repeat offenses to persist with limited legal consequences.  The legislature accordingly found that Act 235 would provide a comprehensive response to agricultural crimes by strengthening existing legal frameworks and establishing penalties for violations related to agriculture and agricultural lands.  Conference Committee Report No. 217, House Standing Committee Report No. 1241, House Standing Committee Report No. 1451, Senate Standing Committee Report No. 927.