§706-610 Classes of felonies. (1)
Apart from first and second degree murder and attempted first and second degree
murder, felonies defined by this Code are classified, for the purpose of
sentence, into three classes, as follows:
(a) Class A felonies;
(b) Class B felonies; and
(c) Class C felonies.
A felony is a class A, class B, or class C
felony when it is so designated by this Code. Except for first and second
degree murder and attempted first and second degree murder, a crime declared to
be a felony, without specification of class, is a class C felony.
(2) A felony defined by any statute of this
State other than this Code shall constitute for the purpose of sentence a class
C felony, except if another provision of law specifically defines a felony to
be of a specified class as defined by this Code, such felony shall be treated
for the purpose of sentence as provided by this chapter for that class of
felony. [L 1972, c 9, pt of §1; am L 1986, c 314, §19; am L 1987, c 181, §4]
COMMENTARY ON §706-610
The chapter takes the general position that authorized
sentences must take into consideration two things: (1) the seriousness of the
crime, and (2) the character of the defendant. The Penal Code divides crime
into three grades--felonies, misdemeanors, and petty misdemeanors--according to
their seriousness. This section further subdivides felonies into three
classes. With the exception of special provisions calling for the possibility
of lifetime imprisonment for the offense of murder, the Code thus provides five
categories of crimes "which should exhaust the possibilities of
reasonable, legislative discrimination."[1]
The prior Hawaii criminal law provided for two categories of
crimes: felonies and misdemeanors.[2] However, within each category, the
legislature had fixed a multitude of different sentences which are not
necessarily consistent with one another or adequately correlated to the
relative seriousness of the offense.[3]
The number
and variety of the distinctions of this order found in most existing systems is
one of the main causes of the anarchy in sentencing that is so widely
deplored. Any effort to rationalize the situation must result in the reduction
of distinctions to a relatively few important categories.[4]
Subsection (2) reduces to a class C felony, those felonies
defined by a statute not within this Code. This reflects the "judgment
that the [Penal] Code should deal at least with any area of criminality
involving crimes so serious that classification as a [class A or class B]
felony for sentence purposes is justified."[5]
SUPPLEMENTAL COMMENTARY ON §706-610
Act 314, Session Laws 1986, amended this section so that non-Code
statutes enacted since 1973 may designate felonies as class A or B felonies,
rather than automatically being deemed class C felonies under present law.
Conference Committee Report No. 51-86.
Act 181, Session Laws 1987, added language to this section to
reflect the recently created statutory murder and attempted murder crimes.
These crimes are murder in the first and second degree and attempted murder in
the first and second degree. Senate Standing Committee Report No. 1130.
Case Notes
Because criminal solicitation to commit first degree murder
is a crime declared to be a felony without specification of class within
meaning of this section, it is a class C felony for sentencing purposes,
subject to the sentencing provisions of §706-660. 84 H. 229, 933 P.2d 66
(1997).
For sentencing purposes, conspiracy to commit second degree
murder is a class C felony under this section and subject to the sentencing
provisions of §706-660, not §706-656. 84 H. 280, 933 P.2d 617 (1997).
As an attempt to commit a crime is an offense of the same
class and grade as the offense which is attempted, and second degree murder
committed under the "aggravated circumstances" set forth in
§706-660.2 is expressly distinguished from classified felonies and, pursuant to
this section, from unclassified felonies thus, attempted second degree murder
is not an "unclassified" offense for purposes of sentencing and is
not treated as a class C felony pursuant to §706-660.2. 96 H. 17, 25 P.3d 792
(2001).
Section 291C-12 failure to stop offense committed prior to
its 1992 amendment was outside of this code and constituted a class C felony
for purposes of sentencing. 9 H. App. 333, 839 P.2d 1186 (1992).
__________
§706-610 Commentary:
1. M.P.C., Tentative Draft No. 2, comments at 10 (1954).
2. H.R.S. §701-2.
3. Cf. commentary on §706-600.
4. M.P.C., Tentative Draft No. 2, comments at 10-11 (1954).
5. Id. at 11.
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 1978–2022 · leading case:
State v. Soto, 933 P.2d 66 (Haw. 1997).
State v. Soto, 933 P.2d 66 (Haw. 1997).
· cites it 14× “Rather, because criminal solicitation to commit first degree murder is “a crime declared to be a felony[] without specification of class,” within the meaning of HRS § 706-610 (1993), see section III.B.2 of this opinion, infra, we hold that it necessarily “is a class C felony”…”
State v. Kaakimaka, 933 P.2d 617 (Haw. 1997).
· cites it 12× “) Under HRS § 706-610 (1985), the classification system for felonies was used to determine appropriate sentencing as well: Classes of felonies.”
State v. Aplaca, 25 P.3d 792 (Haw. 2001).
· cites it 6× “HRS § 706-610 (1993) 5 draws a distinction among “classified” felonies, first and second degree murder and attempted first and second degree murder, and “crime[s] declared to be a felony[ ] without specification of class”; it also makes clear that offenses are classified for…”
State v. Isomura, 839 P.2d 1186 (Haw. App. 1992).
· cites it 54× “” The Commentary to HRS § 706-610, which, pursuant to HRS § 701-105 may be used as an aid in understanding the provisions of the Code, states in relevant part: Subsection (2) reduces to a class C felony, those felonies defined by a statute not within this Code.”
Stanley v. State., 479 P.3d 107 (Haw. 2021).
· cites it 4× “HRPP Rule 35 motion On April 24, 2001, Stanley filed a pro se HRPP Rule 35 (1980) motion in the circuit court.14 Stanley contended his attempted first degree murder sentence was illegal because he should have been sentenced to a twenty-year imprisonment, as HRS § 706-610 (Supp.”
State v. Spencer, 725 P.2d 799 (Haw. 1986).
· cites it 9× “In 1972, the legislature enacted HRS § 706-610 as part of the original Hawaii Penal Code.”
D'ambrosio v. State, 146 P.3d 606 (Haw. App. 2006).
· cites it 4× “See HRS § 706-610(1). Therefore, if D'Ambrosio had two prior felony convictions, he would have been subject to a mandatory twenty-year minimum period of imprisonment without possibility of parole during such period.”
State v. Lau, 890 P.2d 291 (Haw. 1995).
· cites it 2× “2d 144 (1992) (concluding that although the pre-Code version of HRS 291C-12(b) provided for a ten-year term of imprisonment, it did not specifically classify the offense as a class B felony and defendant was therefore entitled, pursuant to HRS § 706-610(2) (Supp.1991), to be…”
State v. Ortez, 588 P.2d 898 (Haw. 1978).
· cites it 2× “Commentary, HRS § 706-610. Except where the law prescribed a maximum penalty which consisted of or included an indeterminate period of years, the court was required, if it did not grant probation, to impose the maximum sentence permitted by law.”
State v. Lafoga. Consol. With Case No. CAAP-20-0000589., 510 P.3d 1098 (Haw. App. 2022).
· cites it 6× “See HRS § 706-610(1) ("Class of Felonies") ("Apart from first and second degree murder and attempted first and second degree murder, felonies defined by this Code are classified, for the purposes of sentence, into three classes .”
— Haw. Rev. Stat. § 706-610(1) — 3 cases
D'ambrosio v. State, 146 P.3d 606 (Haw. App. 2006).
“See HRS § 706-610(1). Therefore, if D'Ambrosio had two prior felony convictions, he would have been subject to a mandatory twenty-year minimum period of imprisonment without possibility of parole during such period.”
State v. Kaakimaka, 933 P.2d 617 (Haw. 1997).
“) Under HRS § 706-610 (1985), the classification system for felonies was used to determine appropriate sentencing as well: Classes of felonies.”
State v. Lafoga. Consol. With Case No. CAAP-20-0000589., 510 P.3d 1098 (Haw. App. 2022).
“See HRS § 706-610(1) ("Class of Felonies") ("Apart from first and second degree murder and attempted first and second degree murder, felonies defined by this Code are classified, for the purposes of sentence, into three classes .”
— Haw. Rev. Stat. § 706-610(1)(b) — 1 case
State v. Isomura, 839 P.2d 1186 (Haw. App. 1992).
“” The Commentary to HRS § 706-610, which, pursuant to HRS § 701-105 may be used as an aid in understanding the provisions of the Code, states in relevant part: Subsection (2) reduces to a class C felony, those felonies defined by a statute not within this Code.”
— Haw. Rev. Stat. § 706-610(2) — 3 cases
State v. Isomura, 839 P.2d 1186 (Haw. App. 1992).
“” The Commentary to HRS § 706-610, which, pursuant to HRS § 701-105 may be used as an aid in understanding the provisions of the Code, states in relevant part: Subsection (2) reduces to a class C felony, those felonies defined by a statute not within this Code.”
State v. Spencer, 725 P.2d 799 (Haw. 1986).
“In 1972, the legislature enacted HRS § 706-610 as part of the original Hawaii Penal Code.”
State v. Lau, 890 P.2d 291 (Haw. 1995).
“2d 144 (1992) (concluding that although the pre-Code version of HRS 291C-12(b) provided for a ten-year term of imprisonment, it did not specifically classify the offense as a class B felony and defendant was therefore entitled, pursuant to HRS § 706-610(2) (Supp.1991), to be…”
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