§708-835.65

Fraud

Fraud & financial crimes · Chapter 708 — Offenses Against Property Rights · Part IV. Theft and Related Offenses

(1) A person commits the offense of fraud if, with the intent to defraud, the person executes or attempts to execute any scheme or artifice to defraud or for the purpose of obtaining money or property by means of false or fraudulent pretenses, representations, or promises.

(2) For purposes of this section, "scheme or artifice to defraud" includes a scheme or artifice to deprive another of the intangible right of honest services.

(3) Fraud shall be a class B felony. [L 2023, c 131, §2]

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 2023, c 131, §2]

Cross references, commentary & case notes

COMMENTARY ON §708-835.65 Act 131, Session Laws 2023, added this section to establish the offense of fraud as a class B felony. The legislature found that it was of utmost importance to restore public trust in state government and increase the level of transparency in government operations and accountability of individuals. To improve the standard of conduct within government, and to more effectively combat fraud, waste, and corruption, it was necessary to establish criminal offenses and penalties. Act 131 provided a mechanism to increase the public's trust and confidence in state and local government while providing law enforcement with a tool to adequately deter and commensurately punish acts of public corruption. Conference Committee Report No. 1, Senate Standing Committee Report No. 720.

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