PART I.
GENERAL PROVISIONS RELATING TO OFFENSES
AGAINST
PUBLIC ADMINISTRATION
§710-1000 Definitions of terms in this
chapter. In this chapter, unless a different meaning plainly is required:
"Administrative proceeding" means any
proceeding the outcome of which is required to be based on a record or
documentation prescribed by law, or in which law or regulation is
particularized in application to individuals.
"Benefit" means gain or advantage, or
anything regarded by the beneficiary as gain or advantage, including benefit to
any other person or entity in whose welfare the beneficiary is interested.
"Custody" means restraint by a public
servant pursuant to arrest, detention, or order of a court.
"Detention facility" means any place
used for the confinement of a person:
(a) Arrested for, charged with, or convicted of a
criminal offense;
(b) Confined pursuant to chapter 571;
(c) Held for extradition; or
(d) Otherwise confined pursuant to an order of a
court.
"Electronic" means relating to
technology having electrical, digital, magnetic, wireless, optical,
electromagnetic, or similar capabilities.
"Falsely alter" means to change,
without the authority of the ostensible maker or authorized custodian of the
record, a statement, document, or record, whether complete or incomplete, by
means of erasure, obliteration, deletion, insertion of new matter,
transposition of matter, or in any other manner, so that the statement,
document, or record so altered falsely appears or purports to be in all
respects an authentic creation of its ostensible maker, or authorized by the
maker or custodian of the record.
"Falsely complete" means to
transform, by adding, inserting, or changing matter, an incomplete statement,
document, or record into a complete one, without the authority of the
ostensible maker or authorized custodian of the record, so that the complete
statement, document, or record falsely appears or purports to be in all
respects an authentic creation of its ostensible maker, or authorized by the
maker or custodian of the record.
"Falsely make" means to create a
statement, document, or record, which purports to be an authentic creation of
its ostensible maker, but that is not because the ostensible maker is
fictitious or because, if real, the ostensible maker did not authorize the
creation thereof.
"Government" includes any branch,
subdivision, or agency of the government of this State or any locality within
it.
"Governmental function" includes any
activity which a public servant is legally authorized to undertake on behalf of
the government.
"Harm" means loss, disadvantage, or
injury, or anything so regarded by the person affected, including loss,
disadvantage, or injury to any other person or entity in whose welfare the
person affected is interested.
"Information" includes data, text,
images, sounds, codes, computer programs, software, or databases.
"Juror" means any person who is a
member of any jury, including a grand jury, impaneled by any court of this
State or by any public servant authorized by law to impanel a jury, and also
includes any person who has been drawn or summoned to attend as a prospective
juror.
"Law enforcement officer" means any
public servant, whether employed by the State or subdivisions thereof or by the
United States, vested by law with a duty to maintain public order or, to make
arrests for offenses or to enforce the criminal laws, whether that duty extends
to all offenses or is limited to a specific class of offenses.
"Materially false statement" means
any false statement, regardless of its admissibility under the rules of
evidence, which could have affected the course or outcome of the proceeding;
whether a falsification is material in a given factual situation is a question
of law.
"Oath" includes an affirmation and
every other mode authorized by law of attesting to the truth of that which is
stated, and, for the purposes of this chapter, written statements shall be
treated as if made under oath if:
(a) The statement was made on or pursuant to a form
bearing notice, authorized by law, to the effect that false statements made
therein are punishable; or
(b) The statement recites that it was made under
oath or affirmation, the declarant was aware of such recitation at the time the
declarant made the statement and intended that the statement should be
represented as a sworn statement, and the statement was in fact so represented
by its delivery or utterance with the signed jurat of an officer authorized to
administer oaths appended thereto.
"Oath required or authorized by law"
means an oath the use of which is specifically provided for by statute or
appropriate regulatory provision.
"Official proceeding" means a
proceeding heard or which may be heard before any legislative, judicial,
administrative, or other governmental agency or official authorized to take
evidence under oath, including any referee, hearing examiner, commissioner,
notary, or other person taking testimony or deposition in connection with any
such proceeding.
"Pecuniary benefit" is benefit in the
form of money, property, commercial interests, or anything else the primary
significance of which is economic gain.
"Public servant" means any officer or
employee of any branch of government, whether elected, appointed, or otherwise
employed, and any person participating as advisor, consultant, or otherwise, in
performing a governmental function, but the term does not include jurors or
witnesses.
"Record" means information that is
written or printed, or that is stored in an electronic or other medium and is
retrievable in a perceivable form.
"Statement" means any representation,
but includes a representation of opinion, belief, or other state of mind only
if the representation clearly relates to state of mind apart from or in
addition to any facts which are the subject of the representation.
"Testimony" includes oral or written
statements, documents, or any other material that may be offered by a witness
in an official proceeding. [L 1972, c 9, pt of §1; am L 1987, c 130, §1; gen ch
1993; am L 2014, c 33, §2]
Revision Note
Numeric designations deleted and definitions rearranged
pursuant to §23G-15.
COMMENTARY ON §710-1000
This section is definitional only and, of course, specifies
no offense. A discussion of the definitions in this section, when needed or
appropriate, is found in the commentary to the substantive offenses employing
the terms defined.
SUPPLEMENTAL COMMENTARY ON §710-1000
Act 33, Session Laws 2014, amended this section by adding the
following definitions: "electronic," "falsely alter," "falsely
complete," "falsely make," "information," and "record."
Senate Standing Committee Report No. 3330, House Standing Committee Report No.
260-14.
Case Notes
There was no support for the government's argument that
paragraph (3) [defining "custody"] sets forth "elements"
that the prosecution must prove in order to sustain a conviction under
§710-1021; none of the modes of custody set forth in paragraph (3) is an
element of the crime of escape from custody. 782 F.3d 510 (2015).
Plaintiffs failed to establish that defendant received
pecuniary benefit from five million dollar gift to city and county of
Honolulu. 906 F. Supp. 1377 (1995).
"Custody" construed. 59 H. 456, 583 P.2d 337
(1978).
The offense of terroristic threatening in the first degree
does not require a nexus between the alleged threat and the threatened person's
status as a public servant where the threatened person is a government officer
or employee; thus, trial court did not err in failing to give a nexus
instruction. 111 H. 327, 141 P.3d 974 (2006).
Where furloughee on extended work furlough failed to check in
with his case manager at work furlough center and was charged with escape in
the second degree under §710-1021, defendant was not given fair notice of the
offense with which he was charged in accordance with article I, §14 of the
state constitution. The definition of "custody" in this section was
not included in the charging instrument and was subjected to a competing jury
instruction on the meaning of "custody" at trial. 138 H. 254, 378
P.3d 970 (2016).
Under paragraph (15), any "officer or employee of any
branch of government" qualifies as a public servant. 105 H. 261 (App.),
96 P.3d 590 (2004).
Under paragraph (15), a person qualifies as a public servant
based on the type of work he or she performs, and not based on when that work
is being performed. 105 H. 261 (App.), 96 P.3d 590 (2004).
Notes of Decisions
Cited in
21
cases (
3 in the last 5 years), 1978–2023 · leading case:
State v. Nichols, 141 P.3d 974 (Haw. 2006).
State v. Nichols, 141 P.3d 974 (Haw. 2006).
· cites it 36× “" HRS § 710-1000 (1993) states in relevant part: (13) "Law enforcement officer" means any public servant, whether employed by the State or subdivisions thereof or by the United States, vested by law with a duty to maintain public order or, to make arrests for offenses or to…”
State v. Paris., 378 P.3d 970 (Haw. 2016).
· cites it 30× “HRS § 710-1000 (2014) defines “custody” as “restraint by a public servant pursuant to arrest, detention, or order of a court.”
State v. Kuhia, 96 P.3d 590 (Haw. App. 2004).
· cites it 34× “On appeal, Kuhia argues that the trial court should have sua sponte instructed the jury on the definition of “public servant” found in HRS § 710-1000(15) (1993). 2 Kuhia interprets this definition as limiting the application of HRS § 707-716(l)(c) to terroristic threats made…”
State v. Gomes, 177 P.3d 928 (Haw. 2008).
· cites it 12× “]" HRS § 710-1000(12). Finally, "testimony" is defined as "oral or written statements, documents, or any other material that may be offered by a witness in an official proceeding.”
State v. Smith, 583 P.2d 337 (Haw. 1978).
· cites it 6× “3 Public servant is defined by HRS § 710-1000(15) (1976 Repl.) as, “any officer or employee of any branch of government, whether elected, appointed, or otherwise employed, and any person participating as advisor, consultant, or otherwise in performing a governmental function,…”
State v. Pacheco, 26 P.3d 572 (Haw. 2001).
· cites it 2× “Escape in the second degree is committed if a “person intentionally escapes from a correctional or detention facility or from custody.”
State v. Nakoa, 817 P.2d 1060 (Haw. 1991).
· cites it 6× “) “Custody,” as defined in HRS § 710-1000(3), means “restraint by a public servant pursuant to arrest, detention, or order of a court.”
Pedrina v. Han Kuk Chun, 906 F. Supp. 1377 (D. Haw. 1995).
· cites it 2× “§ 710-1000(14). Pecuniary benefit is to be distinguished from the term “benefit” which is much broader and which is defined as “gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare he is…”
State v. Nichols, 142 P.3d 300 (Haw. App. 2005).
· cites it 12× “RELEVANT STATUTE HRS § 710-1000 (1993) states, in relevant part: (13) “Law enforcement officer” means any public servant, whether employed by the State or subdivisions thereof or by the United States, vested by law with a duty to maintain public order or, to make arrests for…”
State v. Ryan, 612 P.2d 102 (Haw. 1980).
· cites it 4× “” (Emphasis added) HRS § 710-1000(3) defines the term “custody” to mean “restraint by a public servant pursuant to arrest, detention, or order of a court.”
State v. Hicks, 148 P.3d 493 (Haw. 2006).
“lity; *63 (ii) By a private company providing services at a correctional facility; (iii) By a private company providing community-based residential services to persons committed to the director of public safety and having-received notice of this statute; (iv) By a private…”
— Haw. Rev. Stat. § 710-1000(12) — 1 case
State v. Gomes, 177 P.3d 928 (Haw. 2008).
“]" HRS § 710-1000(12). Finally, "testimony" is defined as "oral or written statements, documents, or any other material that may be offered by a witness in an official proceeding.”
— Haw. Rev. Stat. § 710-1000(13) — 5 cases
State v. Hicks, 148 P.3d 493 (Haw. 2006).
“lity; *63 (ii) By a private company providing services at a correctional facility; (iii) By a private company providing community-based residential services to persons committed to the director of public safety and having-received notice of this statute; (iv) By a private…”
— Haw. Rev. Stat. § 710-1000(14) — 1 case
Pedrina v. Han Kuk Chun, 906 F. Supp. 1377 (D. Haw. 1995).
“§ 710-1000(14). Pecuniary benefit is to be distinguished from the term “benefit” which is much broader and which is defined as “gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare he is…”
— Haw. Rev. Stat. § 710-1000(15) — 6 cases
State v. Nichols, 141 P.3d 974 (Haw. 2006).
“" HRS § 710-1000 (1993) states in relevant part: (13) "Law enforcement officer" means any public servant, whether employed by the State or subdivisions thereof or by the United States, vested by law with a duty to maintain public order or, to make arrests for offenses or to…”
State v. Kuhia, 96 P.3d 590 (Haw. App. 2004).
“On appeal, Kuhia argues that the trial court should have sua sponte instructed the jury on the definition of “public servant” found in HRS § 710-1000(15) (1993). 2 Kuhia interprets this definition as limiting the application of HRS § 707-716(l)(c) to terroristic threats made…”
State v. Smith, 583 P.2d 337 (Haw. 1978).
“3 Public servant is defined by HRS § 710-1000(15) (1976 Repl.) as, “any officer or employee of any branch of government, whether elected, appointed, or otherwise employed, and any person participating as advisor, consultant, or otherwise in performing a governmental function,…”
State v. Nichols, 142 P.3d 300 (Haw. App. 2005).
“RELEVANT STATUTE HRS § 710-1000 (1993) states, in relevant part: (13) “Law enforcement officer” means any public servant, whether employed by the State or subdivisions thereof or by the United States, vested by law with a duty to maintain public order or, to make arrests for…”
— Haw. Rev. Stat. § 710-1000(17) — 1 case
State v. Gomes, 177 P.3d 928 (Haw. 2008).
“]" HRS § 710-1000(12). Finally, "testimony" is defined as "oral or written statements, documents, or any other material that may be offered by a witness in an official proceeding.”
— Haw. Rev. Stat. § 710-1000(2) — 2 cases
State v. Gomes, 177 P.3d 928 (Haw. 2008).
“]" HRS § 710-1000(12). Finally, "testimony" is defined as "oral or written statements, documents, or any other material that may be offered by a witness in an official proceeding.”
Pedrina v. Han Kuk Chun, 906 F. Supp. 1377 (D. Haw. 1995).
“§ 710-1000(14). Pecuniary benefit is to be distinguished from the term “benefit” which is much broader and which is defined as “gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare he is…”
— Haw. Rev. Stat. § 710-1000(3) — 3 cases
State v. Nakoa, 817 P.2d 1060 (Haw. 1991).
“) “Custody,” as defined in HRS § 710-1000(3), means “restraint by a public servant pursuant to arrest, detention, or order of a court.”
State v. Smith, 583 P.2d 337 (Haw. 1978).
“3 Public servant is defined by HRS § 710-1000(15) (1976 Repl.) as, “any officer or employee of any branch of government, whether elected, appointed, or otherwise employed, and any person participating as advisor, consultant, or otherwise in performing a governmental function,…”
State v. Ryan, 612 P.2d 102 (Haw. 1980).
“” (Emphasis added) HRS § 710-1000(3) defines the term “custody” to mean “restraint by a public servant pursuant to arrest, detention, or order of a court.”
— Haw. Rev. Stat. § 710-1000(4)(b) — 1 case
State v. Smith, 583 P.2d 337 (Haw. 1978).
“3 Public servant is defined by HRS § 710-1000(15) (1976 Repl.) as, “any officer or employee of any branch of government, whether elected, appointed, or otherwise employed, and any person participating as advisor, consultant, or otherwise in performing a governmental function,…”
— Haw. Rev. Stat. § 710-1000(5) — 1 case
— Haw. Rev. Stat. § 710-1000(6) — 4 cases
State v. Nichols, 141 P.3d 974 (Haw. 2006).
“" HRS § 710-1000 (1993) states in relevant part: (13) "Law enforcement officer" means any public servant, whether employed by the State or subdivisions thereof or by the United States, vested by law with a duty to maintain public order or, to make arrests for offenses or to…”
State v. Kuhia, 96 P.3d 590 (Haw. App. 2004).
“On appeal, Kuhia argues that the trial court should have sua sponte instructed the jury on the definition of “public servant” found in HRS § 710-1000(15) (1993). 2 Kuhia interprets this definition as limiting the application of HRS § 707-716(l)(c) to terroristic threats made…”
State v. Nichols, 142 P.3d 300 (Haw. App. 2005).
“RELEVANT STATUTE HRS § 710-1000 (1993) states, in relevant part: (13) “Law enforcement officer” means any public servant, whether employed by the State or subdivisions thereof or by the United States, vested by law with a duty to maintain public order or, to make arrests for…”
— Haw. Rev. Stat. § 710-1000(9) — 1 case
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.