§708-854

Criminal possession of a forgery device

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

(1) A person commits the offense of criminal possession of a forgery device if:

(a) The person makes or possesses with knowledge of its character any plate, die, or other device, apparatus, equipment, or article specifically designed or adapted for use in forging written instruments; or

(b) The person makes or possesses any device, apparatus, equipment, or article capable of or adaptable to use in forging written instruments with intent to use it oneself, or to aid or permit another to use it, for purposes of forgery.

(2) Criminal possession of a forgery device is a class C felony. [L 1972, c 9, pt of §1; gen ch 1993]

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 1972, c 9, pt of §1; gen ch 1993]

Cross references, commentary & case notes

COMMENTARY ON §708-854 This section punishes the making or possession of (a) a device specifically adapted for forgery, which has no other significant use, and the character of which is known to the actor, or (b) a device which may be adapted to forgery, where the actor has an intent so to employ the article (or aid in its employment). Like the section dealing with possession of burglar's tools, this section provides a basis for police intervention at the inchoate or preparatory stage of criminal activity. Note, however, that in order to establish the offense the prosecution must prove the requisite state of knowledge or intent.

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