§708-822 Criminal property damage in the
third degree. (1) A person commits the offense of criminal property
damage in the third degree if by means other than fire:
(a) The person recklessly damages the property of
another, without the other's consent, by the use of widely dangerous means;
(b) The person intentionally or knowingly damages
the property of another, without the other's consent, in an amount exceeding
$500; or
(c) The person intentionally 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
$100. 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 third
degree is a misdemeanor; provided that any person convicted of violating
subsection (1)(c) shall be sentenced to a term of imprisonment of not less than
ninety days, without possibility of probation or suspension of sentence. [L
1972, c 9, pt of §1; am L 1973, c 136, §7(c); am L 1986, c 314, §62; gen ch
1993; am L 1996, c 170, §3; am L 2006, c 156, §5, c 181, §5, and c 230, §35; am
L 2007, c 98, §3; am L 2025, c 235, §42]
Case Notes
Offense is graded according to amount of damage done, not the
value of the property damaged. 86 H. 165 (App.), 948 P.2d 586 (1997).
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 1997–2022 · leading case:
State v. Yamashita., 515 P.3d 207 (Haw. 2022).
State v. Yamashita., 515 P.3d 207 (Haw. 2022).
· cites it 2× “5; five counts of theft in the second degree in violation of HRS § 708-831; two counts of theft in the third degree in violation of HRS § 708-832; two counts of theft in the fourth degree in violation of HRS § 708-833; one count of criminal property damage in the third degree in…”
State v. Auld., 361 P.3d 471 (Haw. 2015).
“(4) Notwithstanding any other law to the contrary, any person convicted of any of the following misdemeanor offenses: (a) Section 707-712 relating to assault in the third degree; (b) Section 707-717 relating to terroristic threatening in the second degree; (c) Section 707-733…”
State v. Pardee, 948 P.2d 586 (Haw. App. 1997).
· cites it 26× “In contrast, HRS § 708-822 does not, on its face, require a determination of the value of property; HRS § 708-822 refers to the amount of damage done by the offender, not the value of the property damaged.”
State v. Santiago, 190 P.3d 192 (Haw. App. 2008).
· cites it 6× “a) (Count I); (2) Inattention to Driving, in violation of HRS § 291-12 (Count II); (3) Reckless Driving, in violation of HRS § 291-2 (Count III); (4) Accidents Involving Damage to Vehicle or Property, in violation of HRS § 291C-13 (Count IV); (5) No-Passing Zones, in violation…”
State v. Yamashita., 151 Haw. 390 (Haw. 2022).
· cites it 2× “5; five counts of theft in the second degree in violation of HRS § 708-831; two counts of theft in the third degree in violation of HRS § 708-832; two counts of theft in the fourth degree in violation of HRS § 708-833; one count of criminal property damage in the third degree in…”
State v. Womack (Haw. App. 2015).
· cites it 2× “2012); and Criminal Property Damage in the Third Degree, in violation of HRS § 708-822(1)(b) (2014). The court set bail for $15,000 and Exodus issued bail.”
— Haw. Rev. Stat. § 708-822(1) — 2 cases
State v. Pardee, 948 P.2d 586 (Haw. App. 1997).
“In contrast, HRS § 708-822 does not, on its face, require a determination of the value of property; HRS § 708-822 refers to the amount of damage done by the offender, not the value of the property damaged.”
State v. Santiago, 190 P.3d 192 (Haw. App. 2008).
“a) (Count I); (2) Inattention to Driving, in violation of HRS § 291-12 (Count II); (3) Reckless Driving, in violation of HRS § 291-2 (Count III); (4) Accidents Involving Damage to Vehicle or Property, in violation of HRS § 291C-13 (Count IV); (5) No-Passing Zones, in violation…”
— Haw. Rev. Stat. § 708-822(1)(a) — 1 case
State v. Santiago, 190 P.3d 192 (Haw. App. 2008).
“a) (Count I); (2) Inattention to Driving, in violation of HRS § 291-12 (Count II); (3) Reckless Driving, in violation of HRS § 291-2 (Count III); (4) Accidents Involving Damage to Vehicle or Property, in violation of HRS § 291C-13 (Count IV); (5) No-Passing Zones, in violation…”
— Haw. Rev. Stat. § 708-822(1)(b) — 1 case
State v. Womack (Haw. App. 2015).
“2012); and Criminal Property Damage in the Third Degree, in violation of HRS § 708-822(1)(b) (2014). The court set bail for $15,000 and Exodus issued bail.”
— Haw. Rev. Stat. § 708-822(l)(b) — 1 case
State v. Pardee, 948 P.2d 586 (Haw. App. 1997).
“In contrast, HRS § 708-822 does not, on its face, require a determination of the value of property; HRS § 708-822 refers to the amount of damage done by the offender, not the value of the property damaged.”
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