HOUSE OF REPRESENTATIVES

H.B. NO.

2043

THIRTY-THIRD LEGISLATURE, 2026

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to criminal mischief.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that existing criminal law makes it difficult to prosecute certain low level property offenses such as egging, graffiti, and vandalism.  Instances such as these often do not have an established property value damage as determined by HRS 708-801.  Nevertheless, these instances should not leave victims without recourse.  Other jurisdictions have addressed this issue by creating a separate offense for so-called, "criminal mischief".  This offense considers both pecuniary loss as well as substantial inconvenience to the property owner.  Accordingly, the purpose of this Act is to establish the offense of criminal mischief.

     SECTION 2.  Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§708-    Criminal Mischief.  (1)  A person commits the offense of criminal mischief if by means other than fire, the person intentionally, knowingly, or recklessly:

     (a)  Tampers with the tangible property of another without the other's consent and causes pecuniary loss or substantial inconvenience to the other or a third person; or

     (b)  Makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of another without the other's consent.

     (2)  Criminal mischief is a petty misdemeanor."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Criminal Mischief; Vandalism; Egging; Property Offense; Crime

 

Description:

Establishes the offense of criminal mischief as a petty misdemeanor for low level property offenses.

 

 

 

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