Hawaii

Criminal Property Damage in the First Degree

According to the Hawaiian Penal Code, Criminal Property Damage in the First Degree is committed when you do one of the following:

1.      Intentionally or knowingly damage property and thereby recklessly place another person in danger of death or bodily injury,

2.      Intentionally or knowingly damage someone else’s property without their consent where the damage is valued at more than $20,000, or

3.      Intentionally or knowingly damage the agricultural equipment supplies or agricultural products of someone else (including trees, plants, or livestock) where the value of damage is more than $1,500.

1st Degree criminal property damage is a Class B felony and is punishable by up to 10 years in prison.

Ref: HRS §708-820

Criminal Property Damage in the Second Degree

You may be charged with criminal property in the 2nd degree if the prosecution has reason to believe that you:

1.      Intentionally or knowingly damaged the property of another without their consent using “widely dangerous means”,

2.      Intentionally or knowingly damaged someone else’s property without their consent and the value of damage is greater than $1,500, or

3.      Intentionally or knowingly damaged the agricultural equipment, supplies, or products of someone else where the damage exceeds $500.

Second degree criminal property damage is a Class C felony punishable by up to 5 years in prison.

Ref: HRS §708-821

Criminal Property Damage in the Third Degree

You could be charged with criminal property damage in the 3rd degree if the prosecutor has probable cause to believe that you did any of the following:

1.      Recklessly damaged someone else’s property without their permission with the use of “widely dangerous means”,

2.      Intentionally damaged someone else’s property in an amount exceeding $500, or

3.      Intentionally damaged the agricultural equipment, supplies, products, or equipment in an amount exceeding $100.

Criminal property damage in the 3rd degree is a misdemeanor charge which could get you up to one year in jail and fines.

Ref: HRS §708-822

Criminal Property Damage in the Fourth Degree

The least serious of all criminal property damage offenses, criminal property damage in the 4th degree occurs when you intentionally damage the property of another without their consent and it does not fulfill the requirements of the other criminal property damage offenses.

This is a petty misdemeanor charge which carries a potential sentence of up to 30 days in jail as well as fines.

Ref: HRS §708-823