§708-858

Suppressing a testamentary or recordable instrument

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

(1) A person commits the offense of suppressing a testamentary instrument if, with intent to defraud, the person destroys, removes, or conceals any will, codicil, or other testamentary instrument.

(2) A person commits the offense of suppressing a recordable instrument if, with intent to defraud, the person destroys, removes, or conceals any deed, mortgage, security instrument, or other written instrument for which the law provides public recording.

(3) Each offense defined in this section 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 §708-858 This section makes it a class C felony to destroy, remove, or conceal certain testamentary instruments or instruments for which the law provides recording. Despite the overlapping coverage, to some extent, with offenses of criminal property damage (§§708-820 to 823), there exists certain additional incidence of harm because the destruction of a will or a deed, for example, could have substantially the same effect as forgery if the destruction gave efficacy to a prior document and the grantor or testator refused or was unable to remedy the situation. This additional element of harm is the principal reason for the present section. Previous Hawaii law did not recognize suppressing a testamentary or recordable instrument as a separate criminal offense.

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