§708-828 Criminal use of a noxious substance. (1) A person commits the offense of criminal use of a noxious substance if the person knowingly deposits on the premises or in the vehicle of another, without the other's consent, any stink bomb or device, irritant, or offensive-smelling substance, with the intent to interfere with another's use of the premises or vehicle.
(2) Criminal use of a noxious substance is a petty misdemeanor. [L 1972, c 9, pt of §1]
COMMENTARY ON §708-828
This section recognizes that the use value of a person's property may be impaired by the use of noxious substances without the involvement of tampering (§§708-826 to 827) or actual damage (§§708-820 to 823). This form of interference with the use of property can be significantly grave to warrant the low grade of criminal sanction provided by this section.
Under previous Hawaii law, the conduct described in this section would fall within the ambit of the indiscriminately-defined offense of common nuisance.1 The Code sharpens the focus and definition of the offense, as it relates to noxious substances, and reduces slightly the possible penalty.
__________
§708-828 Commentary:
1. H.R.S. §727-1.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.