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Hawaii Revised Statutes

Haw. Rev. Stat. § 708-828 (2025)

  Criminal use of a noxious substance

✓ laws through the 2025 session: the 2026 session is not included
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     §708-828  Criminal use of a noxious substance.  (1)  A person commits the offense of criminal use of a noxious substance if the person knowingly deposits on the premises or in the vehicle of another, without the other's consent, any stink bomb or device, irritant, or offensive-smelling substance, with the intent to interfere with another's use of the premises or vehicle.

     (2)  Criminal use of a noxious substance is a petty misdemeanor. [L 1972, c 9, pt of §1]

 

COMMENTARY ON §708-828

 

  This section recognizes that the use value of a person's property may be impaired by the use of noxious substances without the involvement of tampering (§§708-826 to 827) or actual damage (§§708-820 to 823).  This form of interference with the use of property can be significantly grave to warrant the low grade of criminal sanction provided by this section.

  Under previous Hawaii law, the conduct described in this section would fall within the ambit of the indiscriminately-defined offense of common nuisance.[1]  The Code sharpens the focus and definition of the offense, as it relates to noxious substances, and reduces slightly the possible penalty.

 

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§708-828 Commentary:

 

1.  H.R.S. §727-1.

 

 

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2021–2023 · leading case: State v. Kaeo., 497 P.3d 120 (Haw. App. 2021).
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State v. Kaeo., 497 P.3d 120 (Haw. App. 2021). “Although there is some degree of overlap in some situations between this provision and § 708-828 (criminal use of noxious substances) and § 708-829 (criminal littering), subsection (1)(d) is needed to cover those cases of public annoyance where a private property owner does not…”
State v. Diaz, 531 P.3d 68 (Haw. App. 2023). “Although there is some degree of overlap in some situations between this provision and § 708-828 (criminal use of noxious substances) and § 708-829 (criminal littering), subsection (1)(d) is needed to cover those cases of public annoyance where a private property owner does not…”
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