708-835.5 Theft of livestock. (1) A person commits the offense of theft of livestock if the person commits theft by:

(a) Having in the person's possession a live animal of the bovine, equine, swine, sheep, or goat species, or its carcass or meat, while in or upon premises that the person knowingly entered or remained unlawfully in or upon, and that are fenced or enclosed in a manner designed to exclude intruders; or

(b) Having in the person's possession a live animal, carcass, or meat in any other location.

(2) Possession of livestock without a livestock ownership and movement certificate, when a certificate is required pursuant to section 142-49, is prima facie evidence that the livestock is or has been stolen.

(3) Theft of livestock is a class C felony.

(4) A person convicted of committing the offense of theft of livestock shall be sentenced in accordance with chapter 706, except that for a first offense the court shall impose a minimum sentence of a fine of at least $1,000 or restitution, whichever is greater. [L 1990, c 28, 1; am L 2005, c 182, 4; am L 2006, c 230, 39]

 

COMMENTARY ON 708-835.5

 

Act 28, Session Laws 1990, added this section to specify the minimum sentences for this class C felony. House Standing Committee Report No. 78-90.

Act 182, Session Laws 2005, amended this section by establishing that possession of livestock without a livestock ownership and movement certificate is prima facie evidence that the livestock is or has been stolen. Act 182 addressed the problem of agricultural theft in Hawaii by amending various provisions of Hawaii's theft laws relating to agricultural livestock and products. Conference Committee Report No. 77, Senate Standing Committee Report No. 1359.

Act 230, Session Laws 2006, amended subsection (1) by adding goats to the types of live animal or meat, the theft of which constitutes theft of livestock. House Standing Committee Report No. 665-06.

 

 

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