(a) Any person who violates § 445-232, 445-233, or copper purchased by scrap dealer or recycler; check; mailing” class=”unlinked-ref” datatype=”S” sessionyear=”2023″ statecd=”HI”>445-233.5, or any person who falsifies a statement required by § 445-233, shall be guilty of a misdemeanor; provided that any person who:

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felonyup to 5 yearsup to $10,000
misdemeanorup to 1 year$2,000
For details, see Haw. Rev. Stat. § 706-660 and Haw. Rev. Stat. § 706-663
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Terms Used In Hawaii Revised Statutes 445-235

  • Copper: means copper in all different forms, including tubing, sheets (includes plates), gutters, down spouts, bars, bare wire or cable, insulated wire or cable, and aluminum/copper coil used in air conditioning and refrigeration. See Hawaii Revised Statutes 445-231
  • Scrap: means any secondhand or used metal except those used motor vehicle parts provided in chapter 289. See Hawaii Revised Statutes 445-231
  • Scrap dealer: means any person engaged in the business of buying, selling, or dealing in scrap, or any person operating, carrying on, conducting, or maintaining a scrap yard. See Hawaii Revised Statutes 445-231
(1) Violates § 445-233 or scrap dealer or recycler; check; mailing” class=”unlinked-ref” datatype=”S” sessionyear=”2023″ statecd=”HI”>445-233.5; or
(2) Falsifies a statement required by § 445-233, that involves the purchase of palladium, platinum, or rhodium, shall be guilty of a class C felony.
(b) In addition to any penalties the court may impose pursuant to subsection (a), the court shall order, at minimum:

(1) A fine of $1,000 for the first offense;
(2) A fine of $3,000 for the second offense; and
(3) A fine of $5,000 and the suspension of the scrap dealer’s license for a period of six months for the third or subsequent offense; provided that if the third or subsequent offense occurs within a five-year period from the occurrence of two prior offenses, the scrap dealer shall be subject to license revocation.
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