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.

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.

§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.