§708-835.8

Theft of beer keg

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

(1) A person commits the offense of theft of beer keg if the person commits theft of a beer keg.

(2) For the purposes of this section, "beer keg" means a metal container used to hold five gallons or more of liquid that is stamped, engraved, stenciled, or otherwise marked with the name of a brewery manufacturer; provided that a deposit beverage container, as defined under section 342G-101, shall not be considered a beer keg.

(3) Theft of beer keg is a misdemeanor. [L 2008, c 53, §§1, 6; am L 2009, c 44, §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 2008, c 53, §§1, 6; am L 2009, c 44, §2]

Cross references, commentary & case notes

Cross References Scrap dealer requirements, see chapter 445, pt X. COMMENTARY ON §708-835.8 Act 53, Session Laws 2008, added this section, establishing the misdemeanor offense of theft of a beer keg. Metal beer kegs were being stolen at escalating rates, largely because they can be redeemed for fast cash at scrap dealerships. House Standing Committee Report Nos. 1113-08 and 1671-08. Act 44, Session Laws 2009, made permanent the prohibition against stealing beer kegs and the documentation requirements for scrap metal dealers. The legislature found that the prohibitions, record-keeping requirements, and penalties in the current law had proven effective at deterring the theft of beer kegs and should be made permanent. Senate Standing Committee Report No. 1240.

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