Hawaii Revised Statute 708-814 Trespass in the Second Degree....

Posted in the Waipio Forum

Comments
1 - 3 of 3 Comments Last updated Apr 17, 2013
BT EXPRESS

Pearl City, HI

|
Report Abuse
|
Judge it!
|
#1
Apr 7, 2013
 
Have just returned from court and successfully defending myself from Trespassing at a Safeway store. But am wondering if anyone has been trespassed. Apparently HPD and many others feel that that law is saying "Whatever" and that is no what it says...Tell me of yopur experience
JRB

Georgetown, TX

|
Report Abuse
|
Judge it!
|
#2
Apr 7, 2013
 
All that hassle over some yopur?

Since: Apr 13

Location hidden

|
Report Abuse
|
Judge it!
|
#3
Apr 17, 2013
 
(1) A person commits the offense of criminal trespass in the second degree if:
(a) The person knowingly enters or remains unlawfully in or upon premises that are enclosed in a manner designed to exclude intruders or are fenced;

(b) The person enters or remains unlawfully in or upon commercial premises after a reasonable warning or request to leave by the owner or lessee of the commercial premises, the owner's or lessee's authorized agent, or a police officer; provided that this paragraph shall not apply to any conduct or activity subject to regulation by the National Labor Relations Act.

For the purposes of this paragraph, "reasonable warning or request" means a warning or request communicated in writing at any time within a one-year period inclusive of the date the incident occurred, which may contain but is not limited to the following information:

(i) A warning statement advising the person that the person's presence is no longer desired on the property for a period of one year from the date of the notice, that a violation of the warning will subject the person to arrest and prosecution for trespassing pursuant to section 708-814(1)(b), and that criminal trespass in the second degree is a petty misdemeanor;

(ii) The legal name, any aliases, and a photograph, if practicable, or a physical description, including but not limited to sex, racial extraction, age, height, weight, hair color, eye color, or any other distinguishing characteristics of the person warned;

(iii) The name of the person giving the warning along with the date and time the warning was given; and

(iv) The signature of the person giving the warning, the signature of a witness or police officer who was present when the warning was given and, if possible, the signature of the violator; or

(c) The person enters or remains on agricultural lands without the permission of the owner of the land, the owner's agent, or the person in lawful possession of the land, and the agricultural lands:

(i) Are fenced, enclosed, or secured in a manner designed to exclude intruders;

(ii) Have a sign or signs displayed on the unenclosed cultivated or uncultivated agricultural land sufficient to give notice and reading as follows: "Private Property". The sign or signs, containing letters not less than two inches in height, shall be placed along the boundary line of the land and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line; or

(iii) At the time of entry, have a visible presence of a crop:

(A) Under cultivation;

(B) In the process of being harvested; or

(C) That has been harvested.

(2) Criminal trespass in the second degree is a petty misdemeanor.

Tell me when this thread is updated: (Registration is not required)

Add to my Tracker Send me an email

Type in your comments below
Name
(appears on your post)
Comments
Characters left: 4000
Type the numbers you see in the image on the right:

Please note by clicking on "Post Comment" you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Send us your feedback.

•••
•••
•••
Waipio Dating

more search filters

less search filters

•••

Waipio Jobs

•••
Enter and win $5000
•••
•••

Waipio People Search

Addresses and phone numbers for FREE

•••

Waipio News, Events & Info

Click for news, events and info in Waipio
•••

Personal Finance

Mortgages [ See current mortgage rates ]
•••