HRS 0708-0800 ANNOTATIONS

Section 708-800 provides definitions of terms used repeatedly throughout this chapter; it does not specify any penal offense.

As with other statutory definitions provided by this Code, a discussion of the definitions when needed or appropriate is found in the commentary on the sections employing the terms defined.

Act 136, Session Laws 1973, modified the definition of "building" and Act 200, Session Laws 1974, further clarified it. As amended in 1974, "building" includes any structure, and the term also includes any vehicle, railway car, aircraft, or watercraft used for lodging of persons therein.

In explaining the change in 1974, the Senate Judiciary Committee in Standing Committee Report No. 1065-74 stated that it was clear the phrase, "used for lodging of persons therein" was added by Act 136, Session Laws 1973, "to modify the terms 'vehicle, railway car, aircraft, or watercraft' and not the word 'structure.' However, it is possible to interpret the present definition as including 'structures' only when 'used for lodging of persons therein.' Such an interpretation means that stores, warehouses, and other commercial buildings not primarily used for the lodging of persons will not be included in the definition of 'building.' As a further result, persons breaking into such places cannot be charged with burglary because the commission of that crime involves breaking into a 'building' as defined in §708-800(1)."

Act 54, Session Laws 1992, amended this section by adding the definition of "aquaculture product" for the purpose of protecting Hawaii's aquaculture industry by deterring theft from aquaculture farms, which could cause devastating losses to research facilities and businesses. House Standing Committee Report No. 1184-92, Senate Standing Committee Report No. 1671.

Act 218, Session Laws 1993, amended this section by adding a definition for "agricultural equipment, supplies, or products". The legislature sought to prevent the theft of agricultural equipment, supplies, or products by subjecting violators to a class C felony in §708-831. Conference Committee Report No. 52.

Act 287, Session Laws 1993, amended this section by adding a definition for "encoding". The legislature intended to provide criminal sanctions for the fraudulent encoding of a credit card in §708-8100.5. Conference Committee Report No. 102.

Act 222, Session Laws 1996, amended this section by adding the definition of "telecommunication service provider" and by amending the definitions of "telecommunication service" and "telecommunication service device". The Act was intended to expand the scope of the law establishing the offense of telecommunication service fraud, to include fraud involving cellular telephone devices and services. The legislature recognized that cellular telephone fraud had become a major problem in the country, increasing consumer costs, and contributing to increased drug-related criminal activity, and that current state law did not provide comprehensive protection for telecommunication services theft. House Standing Committee Report No. 1521-96, Senate Standing Committee Report No. 2017.

Act 198, Session Laws 1997, expanded the definition of "credit card" to include electronic benefit transfer cards and debit cards, in order to criminalize the fraudulent use of debit and electronic benefit transfer cards under part X of chapter 708. Senate Standing Committee Report No. 1547.

Act 45, Session Laws 2002, amended the definition of "hotel" to clarify that the definition in relation to offenses against property rights means a structure in which a majority of the tenants are roomers or boarders. The current definition required all tenants to be roomers or boarders. However, hotel structures will rarely be totally occupied by roomers or boarders at the exclusion of commercial tenants such as shops and restaurants. The amended definition would more accurately reflect the current state of hotel operations. House Standing Committee Report No. 176-02, Senate Standing Committee Report No. 2461.

Act 224, Session Laws 2002, amended this section by adding the definition of "personal information". The legislature found that misappropriation of personal identification information was on the rise. Act 224 addresses the criminal conduct associated with intentional identity theft. Conference Committee Report No. 25-02.

Defendant did not intend to permanently deprive car dealership of vehicle where evidence indicated defendant wanted to have new vehicle to drive for weekend then return it when defendant's deception was discovered. 86 H. 207, 948 P.2d 1048.

Where defendant returned new vehicle after 72 hour possession and prosecution was unable to prove any economic loss to car dealership, no intent to deprive dealership of significant portion of vehicle's economic value, use, or benefit. 86 H. 207, 948 P.2d 1048.

Shambles and temporary absence not abandonment sufficient to deprive structure of use as a dwelling; a structure, although unoccupied does not become abandoned unless it is "wholly forsaken or deserted;" unoccupied house does not cease to be a "dwelling" because of the temporary absence of the owner. 2 H. App. 581, 637 P.2d 782.

Nightclub owner's bedroom and bath in separately secured area of club constituted a "building" within the meaning of this section. 9 H. App. 307, 837 P.2d 1308.

Once erected, a tent is a structure, and thus, a building. 9 H. App. 368, 842 P.2d 267.

In prosecution for first degree burglary under §708-810, prosecution satisfied its burden of proving that storage shed was in a garage that was part of a building that was a dwelling. 86 H. 143 (App.), 948 P.2d 564.