Report Title:

Theft; State of Mind

 

Description:

Includes knowledge and reckless disregard as elements in the offenses of theft with regard to the value of the property or services taken.

 

THE SENATE

S.B. NO.

1466

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THEFT.

 

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

SECTION 1. The legislature finds that in theft cases, the statute requires that the accused intends to deprive another of property or services. However, the legislature finds that while this state of mind applies to the act of depriving another, this intent need not apply to the value of the property or services stolen. The legislature finds that with respect to the value of the property or services, it is sufficient that the accused was aware of the value or consciously disregarded a substantial and unjustifiable risk that the value of the property or services was of a certain value. This is because when someone steals, the person does not necessarily know the value of the property or services. For example, when one steals a purse or a wallet, the person neither knows the value of the purse or wallet nor the value of its contents. Similarly, when one steals a valuable piece of jewelry, the person does not know the specific value of the jewelry. It is unreasonable to have the person's level of offense be determined by what the person say the amount the person intended to steal although the person had the requisite intent to deprive another of property or services and was aware of the value or consciously disregarded a substantial and unjustifiable risk that the value of the property or services was of a certain amount.

The legislature finds that the state of mind of "intentional" in the definition of theft under section 708-830, Hawaii Revised Statutes, refers to the intent "to deprive another of property or services." The legislature further finds that with respect to the value of the stolen item, it will be sufficient that the defendant acted knowingly, i.e., aware of the value of the item or services, or recklessly, i.e., consciously disregarded a substantial and unjustifiable risk that the value of the property or services was of a certain value. The legislature also intends that the "knowingly" and "recklessly" states of mind apply to other attendant circumstances of theft as well.

SECTION 2. Section 708-830.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of theft in the first degree if the person commits theft[:] knowing or in reckless disregard of the substantial and unjustifiable risk that:

(a) [Of property or services, the value of which] The value of property or services taken exceeds $20,000;

(b) [Of] The property taken is a firearm; or

(c) [Of] The property taken is dynamite or other explosive."

SECTION 3. Section 708-831, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of theft in the second degree if the person commits theft:

(a) Of property from the person of another;

(b) [Of property or services the value of which] Knowing or in reckless disregard of the substantial and unjustifiable risk that the value of property or services taken exceeds $300;

(c) [Of] Knowing or in reckless disregard of the substantial and unjustifiable risk that the property taken is an aquaculture product or part thereof from premises that is fenced or enclosed in a manner designed to exclude intruders or there is prominently displayed on the premises a sign or signs sufficient to give notice and reading as follows: "Private Property"; or

(d) [Of] Knowing or in reckless disregard of the substantial and unjustifiable risk that the property taken is agricultural equipment, supplies, or products, or part thereof, the value of which exceeds $100 but does not exceed $20,000, from premises that are fenced, enclosed, or secured in a manner designed to exclude intruders or there is prominently displayed on the premises a sign or signs sufficient to give notice and reading as follows: "Private Property." The sign or signs, containing letters not less than two inches in height, shall be placed along the boundary line of the land in a manner and in such position as to be clearly noticeable from outside the boundary line."

SECTION 4. Section 708-832, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of theft in the third degree if the person commits theft[:] knowing or in reckless disregard of the substantial and unjustifiable risk that:

(a) [Of property or services the value of which] The value of property or services exceeds $100; or

(b) [Of] The property taken is gasoline, diesel fuel or other related petroleum products used as propellants of any value not exceeding [$200.] $300."

SECTION 5. Section 708-833, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of theft in the fourth degree if the person commits theft [of property or services of any value not in excess of] knowing or in reckless disregard of the substantial and unjustifiable risk that the value of property or services taken does not exceed $100."

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:

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