HRS 0708-0872 ANNOTATIONS

Inclusion of false information in an otherwise genuine document or record is not covered by the forgery offenses. Moreover, only those private records which are required by law to be kept for the information of the government are protected by the prohibition against tampering with public records.[1] "This leaves a large gap in the case of genuine business records, the content of which has been deliberately falsified or rendered incomplete as a prelude to working a fraud on potential customers. Section [708-872] is intended to close this gap."[2] This section is aimed primarily at conduct preparatory to the commission of fraud, as indicated by the requisite culpability of intent to defraud, and not the protection of the integrity of business records as such.

Previous Hawaii law provided no general offense for the falsification of business records.

§708-872 Commentary:

1. §710-1017.

2. Prop. Mich. Rev. Cr. Code, comments at 294.