§708-816.5

Entry upon the premises of a facility utilized as a sex, child, or spouse abuse shelter; penalty

Fraud & financial crimes · Chapter 708 — Offenses Against Property Rights · Part II. Burglary and Other Offenses of Intrusion

[(1)] No person shall knowingly enter or remain unlawfully upon the premises of a facility utilized as a sex abuse, child abuse, or spouse abuse shelter after reasonable warning or request to leave by a member of the facility's staff.

[(2)] Violation of this section is a misdemeanor. [L 1993, c 12, §1]

No Hawaiʻi pattern jury instruction (HAWJIC) has been published for this offense — prove each statutory element above on its own terms.

Source / Amendment history

[L 1993, c 12, §1]

Cross references, commentary & case notes

COMMENTARY ON §708-816.5 Act 12, Session Laws 1993, added this section to establish the offense of unlawful entry upon the premises of a facility used as a sex, child, or spouse abuse shelter, by making it a misdemeanor for any person to knowingly enter or unlawfully remain upon the premises after reasonable warning or request to leave by a facility staff member. Since the locations of these shelters are often known, individuals seeking shelter and shelter staff are at potential risk from abusers. This section affords a higher level of legal protection for staff and persons who seek refuge from abuse. House Standing Committee Report No. 692, Senate Standing Committee Report No. 1049. Law Journals and Reviews Empowering Battered Women: Changes in Domestic Violence Laws in Hawai‘i. 17 UH L. Rev. 575 (1995).

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