§708-813 Criminal trespass in the first
degree. (1) A person commits the offense of criminal trespass in the
first degree if:
(a) That person knowingly enters or remains
unlawfully:
(i) In a dwelling; or
(ii) In or upon the premises of a hotel or
apartment building;
(b) That person:
(i) Knowingly enters or remains unlawfully in
or upon premises that are fenced or enclosed in a manner designed to exclude
intruders; and
(ii) Is in possession of a firearm, as defined
in section 134-1, at the time of the intrusion; or
(c) That person enters or remains unlawfully in or
upon the premises of any public school as defined in section 302A-101, or any
private school, after reasonable warning or request to leave by school
authorities or a police officer; provided however, such warning or request to
leave shall be unnecessary between 10:00 p.m. and 5:00 a.m.
(2) Subsection (1) shall not apply to:
(a) A process server who enters or remains in or
upon the land or premises of another, unless the land or premises are secured
with a fence and locked gate, for the purpose of making a good faith attempt to
perform their legal duties and to serve process upon any of the following:
(i) An owner or occupant of the land or
premises;
(ii) An agent of the owner or occupant of the
land or premises; or
(iii) A lessee of the land or premises; or
(b) A professional land surveyor, or assistant under
the direct supervision of the professional land surveyor, who enters or remains
in or upon the land or premises of another for the purpose of performing land
surveying at the request of the landowner of, or person with an interest in,
the real property to be surveyed.
(3) As used in this section, "process
server" means any person authorized under the Hawaii rules of civil
procedure, district court rules of civil procedure, Hawaii family court rules,
or section 353C-10 to serve process.
(4) Criminal trespass in the first degree is a
misdemeanor. [L 1972, c 9, pt of §1; am L 1974, c 55, §1; am L 1975, c 32, §1;
am L 1981, c 177, §1; am L 1996, c 89, §18; am L 2000, c 200, §1; am L 2015, c
101, §2; am L 2023, c 209, §3]
Note
Section 353C-10, referred to in subsection (3), is repealed.
Law Journals and Reviews
Up In The Air: The Status & Future of Drone Regulation
in Hawai`i. 40 UH L. Rev. 307 (2017).
Notes of Decisions
Cited in
7
cases (
2 in the last 5 years), 1981–2025 · leading case:
State v. Tetu., 386 P.3d 844 (Haw. 2016).
State v. Tetu., 386 P.3d 844 (Haw. 2016).
· cites it 6× “The court instructed the jury on the elements of burglary in the second degree and criminal trespass in the first degree under HRS § 708-813 (Supp, 2000). 9 The jury found Tetu guilty of burglary in the second degree, and he was sentenced to five years of imprisonment.”
State v. Buch, 926 P.2d 599 (Haw. 1996).
· cites it 4× “What is relevant are the trespass offenses delineated in the HPC at HRS §§ 708-813 through -815 (1993), which proscribe variations of the same conduct addressed by the predecessor statute at issue in Marley .”
State v. Sadler, 910 P.2d 143 (Haw. App. 1996).
· cites it 2× “The Supplemental Commentary on HRS §§ 708-813 to 815 (1993) indicates the legislature’s objective was merely to expedite the removal of persons from commercial premises by making the refusal to heed a request to leave a crime, rather than a violation, thus authorizing the police…”
State v. Piche (Haw. App. 2025).
· cites it 8× “] HRS § 708-813 (2014). Piche also requested a jury instruction on the included offense of Simple Trespass, HRS § 708-815: (1) A person commits the offense of simple trespass if the person knowingly enters or remains unlawfully in or upon premises.”
State v. Miner, 637 P.2d 782 (Haw. App. 1981).
· cites it 4× “(1) a person commits the offense of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a dwelling or if he knowingly enters or remains unlawfully in or upon the premises of a hotel or apartment building.”
State v. Gay, 203 P.3d 675 (Haw. App. 2009).
· cites it 5× “HRS § 708-813 (1) (a) (i); HRS § 708-800 (Supp.”
State v. Wilson. (Haw. 2024).
· cites it 2× “2017) permit to acquire ownership 3 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER *** of a firearm, and (4) HRS § 708-813(1)(b) (2014 & Supp. 2015), first degree criminal trespass.”
— Haw. Rev. Stat. § 708-813(1) — 2 cases
State v. Miner, 637 P.2d 782 (Haw. App. 1981).
“(1) a person commits the offense of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a dwelling or if he knowingly enters or remains unlawfully in or upon the premises of a hotel or apartment building.”
State v. Gay, 203 P.3d 675 (Haw. App. 2009).
“HRS § 708-813 (1) (a) (i); HRS § 708-800 (Supp.”
— Haw. Rev. Stat. § 708-813(1)(a) — 1 case
State v. Piche (Haw. App. 2025).
“] HRS § 708-813 (2014). Piche also requested a jury instruction on the included offense of Simple Trespass, HRS § 708-815: (1) A person commits the offense of simple trespass if the person knowingly enters or remains unlawfully in or upon premises.”
— Haw. Rev. Stat. § 708-813(1)(b) — 1 case
State v. Wilson. (Haw. 2024).
“2017) permit to acquire ownership 3 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER *** of a firearm, and (4) HRS § 708-813(1)(b) (2014 & Supp. 2015), first degree criminal trespass.”
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