§708-836.5 Unauthorized entry into motor
vehicle in the first degree. (1) A person commits the offense of
unauthorized entry into motor vehicle in the first degree if the person
intentionally or knowingly enters or remains unlawfully in a motor vehicle,
without being invited, licensed, or otherwise authorized to enter or remain
within the vehicle, with the intent to commit a crime against a person or
against property rights.
(2) Unauthorized entry into motor vehicle in
the first degree is a class C felony. [L 1996, c 87, §2; am L 2006, c 230, §40]
Cross References
Interference with the operator of a public transit vehicle,
see §711-1112.
COMMENTARY ON §708-836.5
Act 87, Session Laws 1996, added this section to the Penal
Code and made the offense of unauthorized entry into motor vehicle a class C
felony due to the increased number of car thefts in the State. Senate Standing
Committee Report No. 2598.
Act 230, Session Laws 2006, amended this section to create
the offense of unauthorized entry into motor vehicle in the first degree.
Case Notes
Appellant asserted that appellant's conviction for
unauthorized entry into a motor vehicle was improper because applicable federal
statutes governed, thereby precluding this statute from being assimilated into
federal law; affirmed. 392 F.3d 1050 (2004).
Specifying the particular crime intended to be committed is
not an essential element which must be alleged in order to charge the crime of
unauthorized entry into motor vehicle. 97 H. 492, 40 P.3d 894 (2002).
For the purposes of this section, "entry" is
defined as the least intrusion into a motor vehicle with the whole physical
body, with any part of the body, or with any instrument appurtenant to the body
introduced for the purpose of committing a crime against a person or against
property rights. 100 H. 383, 60 P.3d 333 (2002).
Notes of Decisions
Cited in
4
cases (
2 in the last 5 years), 2002–2022 · leading case:
State v. Lagat, 40 P.3d 894 (Haw. 2002).
State v. Lagat, 40 P.3d 894 (Haw. 2002).
· cites it 14× “Following a jury trial, [1] defendant-appellant Romulo Lagat appeals from a May 4, 1999 First Circuit Court judgment of conviction and sentence for: unlawful imprisonment in the second degree, in violation of Hawai`i Revised Statutes (HRS) § 707-722 (1993); unauthorized entry…”
State v. Moses, 80 P.3d 1 (Haw. App. 2002).
· cites it 2× “*113 Counts VI and VII, Terroristic Threatening in the First Degree in violation of HRS § 707-716(l)(d) (1993) 7 ; Count VIII, Unauthorized Entry into Motor Vehicle in violation of HRS § 708-836.5 (Supp.2001) 8 ; and Count IX, Attempted Unauthorized Control of Propelled Vehicle…”
State v. Yamashita., 515 P.3d 207 (Haw. 2022).
“2CPC-XX-XXXXXXX, 2CPC-XX-XXXXXXX, 2CPC-XX-XXXXXXX, 2CPC-18- 0000215, 2CPC-XX-XXXXXXX, 2CPC-XX-XXXXXXX, 2CPC-XX-XXXXXXX), including: two counts of unauthorized control of a propelled vehicle in violation of HRS § 708-836; two counts of unauthorized entry into motor vehicle in the…”
State v. Yamashita., 151 Haw. 390 (Haw. 2022).
“2CPC-XX-XXXXXXX, 2CPC-XX-XXXXXXX, 2CPC-XX-XXXXXXX, 2CPC-18- 0000215, 2CPC-XX-XXXXXXX, 2CPC-XX-XXXXXXX, 2CPC-XX-XXXXXXX), including: two counts of unauthorized control of a propelled vehicle in violation of HRS § 708-836; two counts of unauthorized entry into motor vehicle in the…”
— Haw. Rev. Stat. § 708-836.5(1) — 1 case
State v. Lagat, 40 P.3d 894 (Haw. 2002).
“Following a jury trial, [1] defendant-appellant Romulo Lagat appeals from a May 4, 1999 First Circuit Court judgment of conviction and sentence for: unlawful imprisonment in the second degree, in violation of Hawai`i Revised Statutes (HRS) § 707-722 (1993); unauthorized entry…”
— Haw. Rev. Stat. § 708-836.5(2) — 1 case
State v. Lagat, 40 P.3d 894 (Haw. 2002).
“Following a jury trial, [1] defendant-appellant Romulo Lagat appeals from a May 4, 1999 First Circuit Court judgment of conviction and sentence for: unlawful imprisonment in the second degree, in violation of Hawai`i Revised Statutes (HRS) § 707-722 (1993); unauthorized entry…”
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