PART III.
CRIMINAL DAMAGE TO PROPERTY
Cross References
Arson, see pt XIII.
Special sentencing considerations for arson; other actions
not prohibited, see §706-606.2.
§708-820 Criminal property damage in the
first degree. (1) A person commits the offense of criminal property
damage in the first degree if by means other than fire:
(a) The person intentionally or knowingly damages
property and thereby recklessly places another person in danger of death or
bodily injury;
(b) The person intentionally or knowingly damages
the property of another, without the other's consent, in an amount exceeding
$20,000;
(c) The person intentionally or knowingly damages
the property of another during an emergency period proclaimed by the governor
or mayor pursuant to chapter 127A, within the area covered by the emergency or
disaster; or
(d) The person intentionally or knowingly damages
the agricultural equipment, supplies, or products or aquacultural equipment,
supplies, or products of another, including trees, bushes, or any other plant
and livestock of another, without the other's consent, in an amount exceeding
$1,500. In calculating the amount of damages to agricultural products, the
amount of damages includes future losses and the loss of future production.
(2) Criminal property damage in the first
degree is a class B felony; provided that any person convicted of violating
subsection (1)(d) shall be sentenced to a term of imprisonment of not less than
one hundred eighty days, without possibility of probation or suspension of
sentence. [L 1972, c 9, pt of §1; gen ch 1993; am L 1996, c 170, §1; am L 2003,
c 19, §1; am L 2006, c 116, §5, c 156, §3, and c 181, §3; am L 2007, c 98, §1;
am L 2014, c 111, §19; am L 2025, c 235, §40]
Case Notes
The risks involved in criminal property damage in the first
degree present a serious potential risk of physical injury to another and that
risk is similar to the risks involved in arson and burglary in the ordinary
case; thus, defendant's prior conviction under subsection (1)(a) (1996) was a
crime of violence as defined in §4B1.2(a)(2) of the federal Sentencing
Guidelines. 724 F.3d 1133 (2013).
Notes of Decisions
Cited in
29
cases (
4 in the last 5 years), 1977–2025 · leading case:
State v. Ganal, 917 P.2d 370 (Haw. 1996).
State v. Ganal, 917 P.2d 370 (Haw. 1996).
· cites it 10× “[8] HRS § 708-820 (1993) provides: Criminal property damage in the first degree.”
State v. Kazanas., 375 P.3d 1261 (Haw. 2016).
· cites it 6× “2 HRS § 708-820(1)(a) provides, as it did at the time of the alleged offense, “A person commits the offense of criminal property damage in the first degree if by means other than fire .”
State v. Sprattling, 55 P.3d 276 (Haw. 2002).
· cites it 4× “See HRS §§ 708-820 to -823. [4] HRS § 707-710 provides: (1) A person commits the offense of assault in the first degree if the person intentionally or knowingly causes serious bodily injury to another person.”
State v. Brantley, 56 P.3d 1252 (Haw. 2002).
· cites it 4× “te felony is: (1) A felony offense otherwise defined by this chapter; (2) The felony offense of reckless endangering in the first degree under section 707-713; (3) The felony offense of terroristic threatening in the first degree under section [707-716(1)(a)], [707-716(1)(b)],…”
State v. Plichta, 172 P.3d 512 (Haw. 2007).
· cites it 4× “HRS § 708-820 provided in relevant part: (1) A person commits the offense of criminal property damage in the first degree if: (a) The person intentionally or knowingly damages property and thereby recklessly places another person in danger of death or bodily injury.”
State v. Feliciano, 115 P.3d 648 (Haw. 2005).
· cites it 4× “here the separate felony is: (1) A felony offense otherwise defined by this chapter; (2) The felony offense of reckless endangering in the first degree under section 707-713; (3) The felony offense of terroristic threatening in the first degree under section 707-716(a),…”
State v. Quitog, 938 P.2d 559 (Haw. 1997).
· cites it 2× “5(1) (1993) 5 (Count I), criminal property damage *131 in the first degree in violation of HRS § 708-820 (1993) (Count II), and terroristic threatening in the first degree in violation of HRS § 707-716(l)(d) (1993) (Count III).”
State v. Jumila, 950 P.2d 1201 (Haw. 1998).
· cites it 2× “ere the separate felony is: (1) A felony otherwise defined by this chapter; (2) The felony offense of reckless endangering in the first degree under section 707-713; (3) The felony offense of terroristic threatening in the first degree under section 707-716(1)(a), 707-716(1)(b),…”
State v. Birdsall, 960 P.2d 729 (Haw. 1998).
· cites it 4× “[t]he person intentionally damages property and thereby recklessly places another person in danger of death or bodily injury[.”
State v. Baker, 691 P.2d 1166 (Haw. 1984).
· cites it 5× “This is an appeal from a conviction of three counts of manslaughter in violation of Hawaii Revised Statutes (HRS) § 707-702-l(a), four counts of reckless endangering in the first degree in violation of HRS § 707-713, and one count of criminal property damage in the first degree…”
State v. Sadino, 642 P.2d 534 (Haw. 1982).
· cites it 2× “Considering that the victims were bound to the bed, gagged with cloth material and scotch tape covering their nose and mouth, and the subsequent burning of their bodies, and coupled with appellant’s admission to others that Beckley owed him money and refused to pay, we are…”
Foo v. State, 102 P.3d 346 (Haw. 2004).
· cites it 2× “Defendant’s two prior criminal convictions included convictions for (1) Criminal Property Damage in the First Degree, a class B felony, pursuant to HRS § 708-820, and Terroristic Threatening in the First Degree, a class C felony, pursuant to HRS § 707-716, in Criminal No.”
— Haw. Rev. Stat. § 708-820(1) — 3 cases
State v. Ganal, 917 P.2d 370 (Haw. 1996).
“[8] HRS § 708-820 (1993) provides: Criminal property damage in the first degree.”
State v. Sadino, 642 P.2d 534 (Haw. 1982).
“Considering that the victims were bound to the bed, gagged with cloth material and scotch tape covering their nose and mouth, and the subsequent burning of their bodies, and coupled with appellant’s admission to others that Beckley owed him money and refused to pay, we are…”
State v. Birdsall, 960 P.2d 729 (Haw. 1998).
“[t]he person intentionally damages property and thereby recklessly places another person in danger of death or bodily injury[.”
— Haw. Rev. Stat. § 708-820(1)(a) — 5 cases
State v. Kazanas., 375 P.3d 1261 (Haw. 2016).
“2 HRS § 708-820(1)(a) provides, as it did at the time of the alleged offense, “A person commits the offense of criminal property damage in the first degree if by means other than fire .”
— Haw. Rev. Stat. § 708-820(l)(a) — 1 case
State v. Plichta, 172 P.3d 512 (Haw. 2007).
“HRS § 708-820 provided in relevant part: (1) A person commits the offense of criminal property damage in the first degree if: (a) The person intentionally or knowingly damages property and thereby recklessly places another person in danger of death or bodily injury.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.