710-1016.4 Obtaining a government-issued identification document under false pretenses in the second degree. (1) A person commits the offense of obtaining a government-issued identification document under false pretenses in the second degree if that person, with intent to mislead a public servant, obtains an identification document issued by the State or any political subdivision thereof by:

(a) Making any statement, oral or in written, printed, or electronic form, that the person does not believe to be true, in an application for any identification document issued by the State or any political subdivision thereof; or

(b) Submitting or inviting reliance on any statement, document, or record, in written, printed, or electronic form, that the person knows to be falsely made, completed, or altered.

(2) Obtaining a government-issued identification document under false pretenses in the second degree is a misdemeanor. [L 2002, c 224, pt of 2; am L 2014, c 33, 4]

 

Revision Note

 

Section was enacted as an addition to part V but was codified to this part pursuant to 23G-15.

 

COMMENTARY ON 710-1016.3 AND 710-1016.4

 

Act 224, Session Laws 2002, added these sections to provide criminal penalties for persons who obtain identity documents under false pretenses. 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.

Act 33, Session Laws 2014, amended 710-1016.3 and 710-1016.4 to apply to electronic statements, documents, or records. The legislature found that many government and business records are kept in electronic form. However, the current law prohibited only the alteration of records kept in written form. In 2000, Hawaii adopted the Uniform Electronic Transactions Act, chapter 489E, to recognize the need to establish the legal validity of electronic records, signatures, and contracts. Act 33 protected consumers by making relevant criminal offenses also applicable to electronic statements, documents, or records. Senate Standing Committee Report No. 3330, House Standing Committee Report No. 260-14.

 

 

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