Report Title:

Telemarketers

 

Description:

Creates the offense of telemarketing fraud.

 

THE SENATE

S.B. NO.

261

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to telemarketers.

 

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

SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§708-   Telemarketing fraud. (1) A person commits the offense of telemarketing fraud, if the person, with the intent to defraud or misrepresent, obtains or attempts to obtain the transfer of possession, control, or ownership, of the property of another through communications conducted at least in part by telephone and involving direct or implied claims that the person contacted will or is about to receive anything of value, or involving direct or implied claims that the person contacted may be able to recover any losses incurred in connection with a prize promotion.

(2) Telemarketing fraud is a class B felony. In addition, any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit telemarketing fraud, or that facilitated or assisted that activity, shall be forfeited subject to chapter 712A."

SECTION 2. New statutory material is underscored.

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

INTRODUCED BY:

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