§707-721 Unlawful imprisonment in the first
degree. (1) A person commits the offense of unlawful imprisonment in the
first degree if the person knowingly restrains another person under
circumstances which expose the person to the risk of serious bodily injury.
(2) Unlawful imprisonment in the first degree
is a class C felony. [L 1972, c 9, pt of §1; ree L 1986, c 314, §54; gen ch
1993; am L 2008, c 147, §3]
Case Notes
Defendant's prior conviction of unlawful imprisonment in the
first degree, which was based on defendant's knowing restraint of victim in
circumstances that exposed victim to the risk of serious bodily injury,
qualified as a "crime of violence" under the residual clause of the
career offender guideline, U.S.S.G. §4B1.1, and thus supported the application
of an enhanced sentence for violent crime in aid of racketeering. 883 F.3d
1207 (2018).
Where noncitizen convicted of first-degree unlawful
imprisonment was determined by immigration court to be removable due to a
categorical "crime involving moral turpitude" (CIMT), appellate court
concluded that first degree unlawful imprisonment under this section qualified
as a CIMT. 943 F.3d 456 (2019).
Double jeopardy clause of Hawaii constitution barred unlawful
imprisonment prosecution of defendant who had been found guilty of abuse under
§709-906. 75 H. 446, 865 P.2d 150 (1994).
There was a rational basis for the jury to find defendant
guilty of unlawful imprisonment in the first degree, had the jury been given
the appropriate instruction. The failure to instruct the jury on a lesser
included offense for which the evidence provided a rational basis warranted
vacating defendant's conviction for kidnapping. 131 H. 43, 314 P.3d 120
(2013).
Under §701-109(4)(c), unlawful imprisonment in the first
degree is a lesser-included offense of kidnapping because unlawful imprisonment
in the first degree involves a less culpable mental state than kidnapping. 131
H. 43, 314 P.3d 120 (2013).
Notes of Decisions
Cited in
13
cases (
3 in the last 5 years), 1994–2025 · leading case:
State v. Behrendt, 237 P.3d 1156 (Haw. 2010).
State v. Behrendt, 237 P.3d 1156 (Haw. 2010).
· cites it 18× “2006) [5] on Counts 1-3, and the lesser included offense of unlawful imprisonment in the first degree in violation of HRS § 707-721 (1993) [6] on Count 4. In a summary disposition order (SDO), the Intermediate Court of Appeals (ICA) affirmed the convictions on Counts 1, 2, and…”
Flores v. State, 314 P.3d 120 (Haw. 2013).
· cites it 15× “With respect to the jury instructions, Flores’ defense counsel requested that the court give an instruction on the lesser-included offense of Kidnapping—Unlawful Imprisonment in the First Degree, HRS § 707-721 (Supp.2008), as to each individual.”
State v. Sheffield., 456 P.3d 122 (Haw. 2020).
· cites it 6× “The Commentary to HRS § 707-720 to -722 notes that “restraint” is the conduct applicable to kidnapping (HRS § 707- 720) as well as unlawful imprisonment in the first and second degrees (HRS §§ 707-721 and -722, respectively). The Commentary states restraint is measured by…”
State v. Lessary, 865 P.2d 150 (Haw. 1994).
· cites it 4× “1992), 1 Unlawful Imprisonment in the First Degree (Unlawful Imprisonment) in violation of HRS § 707-721(1)(a) (1985), 2 and Terroristic Threatening in the First Degree (Terroristic Threatening) in violation of HRS § 707-716(1)(d) (Supp.”
State v. Jumila, 950 P.2d 1201 (Haw. 1998).
· cites it 4× “[11] Some of the class B and C felonies defined in the HPC that could be the underlying felonies for HRS § 134-6(a) offenses are: Assault in the First Degree, HRS § 707-710; Assault in the Second Degree, HRS § 707-711(1)(a); Terroristic Threatening in the First Degree (against a…”
Joseph Fugow v. William Barr, 943 F.3d 456 (9th Cir. 2019).
· cites it 2× “” Haw. Rev. Stat. § 707-721 (1). “Serious bodily injury” is defined as “bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
State v. Auld., 361 P.3d 471 (Haw. 2015).
“386-98(d)(l) relating to fraud violations and penalties; section 431:2403(b)(2) relating to insurance fraud; section 707-703 relating to negligent homicide in the second degree; section 707-711 relating to assault in the second degree; section 707-713 relating to reckless…”
State v. Aquino, 536 P.3d 866 (Haw. App. 2023).
· cites it 5× “HRS § 707-721 (2014) provides, in relevant part: (1) A person commits the offense of unlawful imprisonment in the first degree if the person knowingly restrains another person under circumstances which expose the person to the risk of serious bodily injury.”
State v. Camacho (Haw. App. 2025).
· cites it 2× “ruary 5, 2024 Judgment of Conviction and Sentence (Judgment) entered by the Circuit Court of the Third Circuit (Circuit Court),1 convicting him of Robbery in the Second Degree in violation of Hawaii Revised Statutes (HRS) § 708-841(1)(b) (2014), Burglary in the Second Degree in…”
State v. Behrendt, 218 P.3d 387 (Haw. App. 2009).
· cites it 2× “2002) (Counts 1 through 3), and one count of Unlawful Imprisonment in the First Degree, in violation of HRS § 707-721 (1993) (Count 4). On appeal, Behrendt argues for reversal on all counts and raises the following points of error: 1.”
— Haw. Rev. Stat. § 707-721(1) — 2 cases
State v. Camacho (Haw. App. 2025).
“ruary 5, 2024 Judgment of Conviction and Sentence (Judgment) entered by the Circuit Court of the Third Circuit (Circuit Court),1 convicting him of Robbery in the Second Degree in violation of Hawaii Revised Statutes (HRS) § 708-841(1)(b) (2014), Burglary in the Second Degree in…”
State v. Aquino, 536 P.3d 866 (Haw. App. 2023).
“HRS § 707-721 (2014) provides, in relevant part: (1) A person commits the offense of unlawful imprisonment in the first degree if the person knowingly restrains another person under circumstances which expose the person to the risk of serious bodily injury.”
— Haw. Rev. Stat. § 707-721(1)(a) — 2 cases
State v. Lessary, 865 P.2d 150 (Haw. 1994).
“1992), 1 Unlawful Imprisonment in the First Degree (Unlawful Imprisonment) in violation of HRS § 707-721(1)(a) (1985), 2 and Terroristic Threatening in the First Degree (Terroristic Threatening) in violation of HRS § 707-716(1)(d) (Supp.”
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