Hawaii Identity Theft (Haw. Rev. Stat. § 708-839, § 708-895.55, § 708-839.6, § 708-839.7, § 708-839.8)

Hawaii Identity Theft

Haw. Rev. Stat. § 708-839, § 708-895.55, § 708-839.6, § 708-839.7, § 708-839.8

 

708-839 Unlawful possession

708-839.55 Unauthorized possession of confidential personal information

708-839.6 Identity theft in the first degree

708-839.7 Identity theft in the second degree

708-839.8 Identity theft in the third degree

 

§708-839  Unlawful possession.  It shall be unlawful for any person to possess any bicycle, movable construction tool or equipment, appliance, merchandise, or other article, or any part thereof

(1)  Where the serial number or identification mark placed on the same by the manufacturer for the purpose of identification, or

(2)  Knowing the serial number or identification mark placed on the same for the purpose of identification,

has been erased, altered, changed or removed for the purpose of changing the identity of the foregoing items.

Unlawful possession is a misdemeanor. [L 1973, c 72, pt of §2; am L 1977, c 27, §2]

 

[§708-839.6]  Identity theft in the first degree.  (1)  A person commits the offense of identity theft in the first degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to:

(a)  Facilitate the commission of a murder in any degree, a class A felony, kidnapping, unlawful imprisonment in any degree, extortion in any degree, any offense under chapter 134, criminal property damage in the first or second degree, escape in any degree, any offense under part VI of chapter 710, any offense under section 711-1103, or any offense under chapter 842; or

(b)  Commit the offense of theft in the first degree from the person whose personal information is used, or from any other person or entity.

(2)  Identity theft in the first degree is a class A felony. [L 2002, c 224, pt of §1]

Cross References

Protection of personal information, civil remedies, see chapters 487J, 487N, and 487R.

Retail merchant club card requirements, see chapter 487D.

 

[§708-839.7]  Identity theft in the second degree.  (1)  A person commits the offense of identity theft in the second degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to commit the offense of theft in the second degree from any person or entity.

(2)  Identity theft in the second degree is a class B felony. [L 2002, c 224, pt of §1]

 

[§708-839.8]  Identity theft in the third degree.  (1)  A person commits the offense of identity theft in the third degree if that person makes or causes to be made, either directly or indirectly, a transmission of any personal information of another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to commit the offense of theft in the third or fourth degree from any person or entity.

(2)  Identity theft in the third degree is a class C felony. [L 2002, c 224, pt of §1]

 

[§708-839.55]  Unauthorized possession of confidential personal information.  (1)  A person commits the offense of unauthorized possession of confidential personal information if that person intentionally or knowingly possesses, without authorization, any confidential personal information of another in any form, including but not limited to mail, physical documents, identification cards, or information stored in digital form.

(2)  It is an affirmative defense that the person who possessed the confidential personal information of another did so under the reasonable belief that the person in possession was authorized by law or by the consent of the other person to possess the confidential personal information.

(3)  Unauthorized possession of confidential personal information is a class C felony. [L 2006, c 139, §2]

 

For more information, see here:  https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0708/HRS_0708-0839.htm

 

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