THE SENATE	S.B. NO.	2663
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO DEFENSES TO THEFT PROSECUTION.

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

     SECTION 1.  Section 708-834, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  It is [a] an affirmative defense to a prosecution for theft that the defendant:

    (a)   Was unaware that the property or service was that of another; or

    (b)   [Believed] Acted under a reasonable belief that the defendant was entitled to the property or services under a claim of right or that the defendant was authorized, by the owner or by law, to obtain or exert control as the defendant did."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Defenses to Theft Prosecution

Description:

Clarifies the claim of right defense to a theft prosecution by making it an affirmative defense that requires a rational link between defendant's alleged unlawful conduct and defendant's claim of right to the property.

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