Hawaii Revised Statutes 11-412 – Criminal prosecution
Current as of: 2024 | Check for updates
|
Other versions
Attorney's Note
Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 5 years | up to $10,000 |
| misdemeanor | up to 1 year | $2,000 |
Terms Used In Hawaii Revised Statutes 11-412
- Advertisement: means any communication, excluding sundry items such as bumper stickers, that:
(1) Identifies a candidate directly or by implication, or identifies an issue or question that will appear on the ballot at the next applicable election; and (2) Advocates or supports the nomination, opposition, or election of the candidate, or advocates the passage or defeat of the issue or question on the ballot. See Hawaii Revised Statutes 11-302 - Commission: means the campaign spending commission. See Hawaii Revised Statutes 11-302
- Conviction: A judgement of guilt against a criminal defendant.
- county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Office: means any Hawaii elective public or constitutional office, excluding county neighborhood board and federal elective offices. See Hawaii Revised Statutes 11-302
- Person: means an individual, a partnership, a candidate committee or noncandidate committee, a party, an association, a corporation, a business entity, an organization, or a labor union and its auxiliary committees. See Hawaii Revised Statutes 11-302
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
If prosecution is commenced by a written request from the commission, the commission, in choosing the prosecuting agency, shall be guided by whether any conflict of interest exists between the agency and its appointive authority.