THE SENATE	S.B. NO.	516
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to sales advertisements for stolen property.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 708, Hawaii Revised Statutes, is amended by adding two new sections to part IV to be appropriately designated and to read as follows:

     "§708-     Advertising the sale of stolen property.  (1)  A person commits the offense of advertising the sale of stolen property if the person, with reckless disregard of the risk that the property is stolen, advertises by television, radio, telephone, newspaper, magazine, posted signage, other printed material, telecommunications, the Internet, other electronic means, or in any other way, any offer to sell, transfer, barter, or exchange stolen property.

     (2)  Advertising the sale of stolen property is an offense of the same grade as theft of the property advertised for sale.

     §708-     Defenses to advertising the sale of stolen property.  (1)  It is a defense to a prosecution for advertising the sale of stolen property that the defendant reasonably believed that the defendant was entitled to the property under a claim of right or that the defendant was reasonably authorized, by the owner or by law, to obtain or exert control as the defendant did.

     (2)  If the owner of the property is the defendant's spouse or reciprocal beneficiary, it is a defense to a prosecution for advertising the sale of stolen property that:

    (a)   The property which is obtained or over which unauthorized control is exerted constitutes household belongings; and

    (b)   The defendant and the defendant's spouse or reciprocal beneficiary were living together at the time of the conduct.

     (3)  In a prosecution for advertising the sale of stolen property, it is not a defense that the defendant has an interest in the property if the owner has an interest in the property to which the defendant is not reasonably entitled.

     (4)  As used in this section "household belongings" shall have the same meaning as defined in section 708-834."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

Report Title:

Advertising Sale of Stolen Property; Defense

 

Description:

Establishes a criminal offense for advertising the sale of stolen property and defenses.

 

 

 

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