Hawaii Theft Policy

State:
Multi-State
Control #:
US-240EM
Format:
Word; 
Rich Text
Instant download

Description

This policy informs employees that theft from the company or other employees will not be tolerated.

Hawaii Theft Policy refers to the legal framework established by the state of Hawaii to address theft-related offenses and establish penalties for such activities. As a part of the state's criminal justice system, the Hawaii Theft Policy aims to protect individuals, businesses, and public property from theft and provide a deterrent effect to would-be offenders. In Hawaii, theft is generally defined as the unlawful taking of someone else's property without their consent, intending to permanently deprive the rightful owner of its possession. The state recognizes various forms of theft offenses, including but not limited to theft from a vehicle, shoplifting, burglary, and robbery. Each offense carries distinct characteristics and potential penalties under the Hawaii Theft Policy based on the circumstances of the crime. One type of theft offense addressed in the Hawaii Theft Policy is theft from a vehicle. This occurs when an individual unlawfully enters a vehicle with the intent to steal property from within. This offense can range from valuables taken from a parked car to stealing the vehicle itself. The penalties for theft from a vehicle depend on factors such as the value of the stolen property and any previous criminal record. Shoplifting is another form of theft specifically addressed in the Hawaii Theft Policy. It involves the theft of merchandise from a retail establishment without paying for it. Shoplifting can be committed through various methods, including concealing items on oneself, altering price tags, or switching packaging. The penalties for shoplifting in Hawaii may vary depending on the value of the stolen goods, any prior convictions, and other aggravating factors. Burglary is considered a serious theft offense in Hawaii. It involves unlawfully entering a structure, such as a house or business premises, with the intent to commit a crime, usually theft. Burglary carries harsher penalties compared to other theft offenses due to the violation of privacy and potential threat to occupants during the commission of the crime. Lastly, robbery is a theft offense that involves the use of force, threat, or intimidation to unlawfully take someone else's property directly from their person or immediate presence. This offense carries significant penalties under the Hawaii Theft Policy due to its inherently violent nature. The Hawaii Theft Policy recognizes the importance of deterring theft-related crimes and protecting the rights of victims. It establishes legal consequences for individuals who violate the law and engage in theft offenses. These penalties may include fines, probation, restitution, and potentially imprisonment, depending on the specific offense committed and the defendant's criminal history. In conclusion, the Hawaii Theft Policy comprehensively addresses various forms of theft offenses, including theft from a vehicle, shoplifting, burglary, and robbery. The state aims to protect individuals, businesses, and public property from theft while ensuring appropriate penalties for offenders.

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FAQ

Embezzlement is a wobbler crime, meaning you could be charged with a misdemeanor ro a felony depending upon the value of the property taken: Misdemeanor embezzlement When the property taken is valued at less than $950, you will likely be charged with a misdemeanor.

Stat. § 708-831(2). Theft in the first degree is a Class B felony. This happens if the value of the property is over $20,000, as well as a number of other possibilities, as listed under Haw.

In Hawaii law, misdemeanors are punishable by up to one year in prison and a fine of up to $2,000. Petty misdemeanors, on the other hand, are the least serious type of criminal offense in Hawaii. A petty misdemeanor is punishable by up to 30 days in jail and a fine of up to $1,000.

Theft of property valued at more than $250 but less than $750 is a misdemeanor, with a minimum fine of three times the value of the merchandise. Theft of property valued at more than $750 is a class C felony, with a minimum fine of four times the value of the merchandise.

The Honolulu Police Department said the 2020 Annual report showed there were 2,100 shoplifting offenses in 2020 and 3,141 reports in 2019.

WHAT ARE THE PENALTIES? Embezzlement is a 'common law' offence. This means that there is no specific penalty imposed by the government. A Judge, Sheriff or Justice of the Peace can impose the sentence they think is appropriate.

In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by exactly one year or less, it is classified as a misdemeanor.

Shoplifting: 10 things you should never do if accused of shoplifting Never argue with store employees if stopped while leaving the store. Don't explain to them what happened. Don't offer to pay offer to pay at this point. Don't give them any personal information.

Class A felonies: kidnapping, first-degree robbery, sex trafficking. Class B felonies: first-degree theft, first-degree burglary, bribery. Class C felonies: second-degree assault, aggravated harassment by stalking, riot.

More info

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Hawaii Theft Policy