708-813 Criminal trespass in the first degree. (1) A person commits the offense of criminal trespass in the first degree if:

(a) That person knowingly enters or remains unlawfully:

(i) In a dwelling; or

(ii) In or upon the premises of a hotel or apartment building;

(b) That person:

(i) Knowingly enters or remains unlawfully in or upon premises that are fenced or enclosed in a manner designed to exclude intruders; and

(ii) Is in possession of a firearm, as defined in section 134-1, at the time of the intrusion; or

(c) That person enters or remains unlawfully in or upon the premises of any public school as defined in section 302A-101, or any private school, after reasonable warning or request to leave by school authorities or a police officer; provided however, such warning or request to leave shall be unnecessary between 10:00 p.m. and 5:00 a.m.

(2) Subsection (1) shall not apply to a process server who enters or remains in or upon the land or premises of another, unless the land or premises are secured with a fence and locked gate, for the purpose of making a good faith attempt to perform their legal duties and to serve process upon any of the following:

(a) An owner or occupant of the land or premises;

(b) An agent of the owner or occupant of the land or premises; or

(c) A lessee of the land or premises.

(3) As used in this section, "process server" means any person authorized under the Hawaii rules of civil procedure, district court rules of civil procedure, Hawaii family court rules, or section 353C-10 to serve process.

(4) Criminal trespass in the first degree is a misdemeanor. [L 1972, c 9, pt of 1; am L 1974, c 55, 1; am L 1975, c 32, 1; am L 1981, c 177, 1; am L 1996, c 89, 18; am L 2000, c 200, 1; am L 2015, c 101, 2]

 

SUPPLEMENTAL COMMENTARY ON 708-813 TO 708-815

 

Act 101, Session Laws 2015, amended 708-813 and 708-814 to shield process servers performing their duties from prosecution under criminal trespass statutes when they enter premises that are not secured by a fence or a locked gate. The legislature found that process servers are an important part of the judicial process. Act 101 allowed process servers to enter or remain in or upon the premises of another for the purpose of making a good faith attempt to serve process upon certain individuals. Senate Standing Committee Report No. 1363, Conference Committee Report No. 22.

 

 

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