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Hawaii Revised Statutes

Haw. Rev. Stat. § 708-832 (2026)

  Theft in the third degree

✓ current as of July 2026
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     §708-832  Theft in the third degree.  (1)  A person commits the offense of theft in the third degree if the person commits theft:

     (a)  Of property or services the value of which exceeds $250; or

     (b)  Of gasoline, diesel fuel, or other related petroleum products used as propellants of any value not exceeding $750.

     (2)  Theft in the third degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1974, c 201, §2 and c 242, §2; am L 1979, c 106, §7; am L 1986, c 314, §65; am L 2006, c 230, §38; am L 2016, c 231, §38]

 

Case Notes

 

  Jury instructions on the lesser included offenses of theft in the third degree under this section and theft in the fourth degree under §708-833 should have been given where jury could have found that petitioner committed theft of not only less than $20,000, but less than $300 or less than $100, making the offenses of theft III or theft IV applicable.  122 H. 271, 226 P.3d 441 (2010).

 

 

Notes of Decisions
Cited in 36 cases (8 in the last 5 years), 1979–2026 · leading case: State v. Stenger, 226 P.3d 441 (Haw. 2010).
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State v. Stenger, 226 P.3d 441 (Haw. 2010). · cites it 12× “2002) [5] ; and (5) Petitioner was entitled to jury instructions on the lesser included offenses of Theft in the Third Degree under HRS § 708-832 (1993) [6] ; and Theft in the Fourth Degree under HRS § 708-833 (1993) [7] ; additionally, assuming Respondent/Plaintiff-Appellee…”
Tachibana v. State, 900 P.2d 1293 (Haw. 1995). · cites it 4× “It is obvious to us that HRS §§ 708-832 and 708-831(1)(b) do not require proof of loss in the case of the transaction here involved.”
State v. Carroll., 456 P.3d 502 (Haw. 2020). · cites it 6× “4 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER *** exceeding $1,500 to the King Kamehameha I statue, also belonging to the KSAA;4 and (3) Count 3, theft in the third degree, in violation of HRS § 708-830(1) and HRS § 708-832(1)(a) (2014) for obtaining or…”
State v. Pacheco, 26 P.3d 572 (Haw. 2001). · cites it 2× “I) is unclear from the record whether the incident resulted in a conviction of theft in the third degree, pursuant to HRS § 708-832 (1993) or theft in the fourth degree, pursuant to HRS § 708-833 (1993).”
State v. Taylor, 269 P.3d 740 (Haw. 2011). · cites it 4× “5(a) (noting that theft in the first degree is committed when the person takes property or services, "the value of which exceeds $20,000"); HRS § 708-831(1)(b) (stating that theft in the second degree is committed when the person takes "property or services the value of which…”
Tomomitsu v. State, 995 P.2d 323 (Haw. App. 2000). · cites it 6× “Under HRS § 708-832(1)(a), "[a] person commits the offense of theft in the second degree if he commits theft .”
State v. Minn, 903 P.2d 1282 (Haw. 1995). · cites it 4× “The court then instructed the jury on the elements of second degree theft and the included offenses of third degree theft, under HRS § 708-832(1)(a) (Supp.1992), 2 and fourth degree theft, under HRS § 708-833(1) (Supp.”
State v. Christian, 967 P.2d 239 (Haw. 1998). · cites it 2× “HRS § 708-832(l)(a) provides in relevant part that "[a] person commits the offense of theft in the third degree if the person commits theft .”
State v. Shaw., 497 P.3d 71 (Haw. 2021). · cites it 2× “”); HRS § 708-832(1)(a) (2016) (“A person commits the offense of theft in the third degree if the person commits theft .”
State v. Freeman, 774 P.2d 888 (Haw. 1989). · cites it 2× “1988); and Count VI - Theft in the Third Degree in violation of HRS § 708-832(1)(a) (Supp. 1988). On May 4,1988, Appellant pled guilty to all counts except Count IV, which was dismissed.”
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). “r 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 relating to sexual assault in…”
Show all 36 citing cases →
— Haw. Rev. Stat. § 708-832(1) — 2 cases
State v. Stenger, 226 P.3d 441 (Haw. 2010). “2002) [5] ; and (5) Petitioner was entitled to jury instructions on the lesser included offenses of Theft in the Third Degree under HRS § 708-832 (1993) [6] ; and Theft in the Fourth Degree under HRS § 708-833 (1993) [7] ; additionally, assuming Respondent/Plaintiff-Appellee…”
State v. Paulino, 222 P.3d 465 (Haw. App. 2010).
— Haw. Rev. Stat. § 708-832(1)(a) — 12 cases
State v. Carroll., 456 P.3d 502 (Haw. 2020). “4 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER *** exceeding $1,500 to the King Kamehameha I statue, also belonging to the KSAA;4 and (3) Count 3, theft in the third degree, in violation of HRS § 708-830(1) and HRS § 708-832(1)(a) (2014) for obtaining or…”
State v. Minn, 903 P.2d 1282 (Haw. 1995). “The court then instructed the jury on the elements of second degree theft and the included offenses of third degree theft, under HRS § 708-832(1)(a) (Supp.1992), 2 and fourth degree theft, under HRS § 708-833(1) (Supp.”
State v. Taylor, 269 P.3d 740 (Haw. 2011). “5(a) (noting that theft in the first degree is committed when the person takes property or services, "the value of which exceeds $20,000"); HRS § 708-831(1)(b) (stating that theft in the second degree is committed when the person takes "property or services the value of which…”
State v. Shaw., 497 P.3d 71 (Haw. 2021). “”); HRS § 708-832(1)(a) (2016) (“A person commits the offense of theft in the third degree if the person commits theft .”
Tomomitsu v. State, 995 P.2d 323 (Haw. App. 2000). “Under HRS § 708-832(1)(a), "[a] person commits the offense of theft in the second degree if he commits theft .”
— Haw. Rev. Stat. § 708-832(2) — 1 case
State v. Carroll., 456 P.3d 502 (Haw. 2020). “4 *** FOR PUBLICATION IN WEST’S HAWAIʻI REPORTS AND PACIFIC REPORTER *** exceeding $1,500 to the King Kamehameha I statue, also belonging to the KSAA;4 and (3) Count 3, theft in the third degree, in violation of HRS § 708-830(1) and HRS § 708-832(1)(a) (2014) for obtaining or…”
— Haw. Rev. Stat. § 708-832(a)(a) — 1 case
State v. Carroll, 429 P.3d 1229 (Haw. App. 2018).
— Haw. Rev. Stat. § 708-832(l)(a) — 6 cases
State v. Christian, 967 P.2d 239 (Haw. 1998). “HRS § 708-832(l)(a) provides in relevant part that "[a] person commits the offense of theft in the third degree if the person commits theft .”
State v. Taylor, 269 P.3d 740 (Haw. 2011). “5(a) (noting that theft in the first degree is committed when the person takes property or services, "the value of which exceeds $20,000"); HRS § 708-831(1)(b) (stating that theft in the second degree is committed when the person takes "property or services the value of which…”
Tomomitsu v. State, 995 P.2d 323 (Haw. App. 2000). “Under HRS § 708-832(1)(a), "[a] person commits the offense of theft in the second degree if he commits theft .”
State v. Mitchell, 965 P.2d 149 (Haw. App. 1998).
State v. Strong, 221 P.3d 491 (Haw. App. 2009).
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