(1) A person commits the offense of unlawful imprisonment in the second degree if the person knowingly restrains another person.

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 year$2,000
For details, see Haw. Rev. Stat. § 706-663
criminal case

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Hawaii Revised Statutes 707-722

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(2) In any prosecution under this section, it is an affirmative defense that:

(a) The person restrained was less than eighteen years old;
(b) The defendant was a relative of the victim; and
(c) The defendant’s sole purpose was to assume custody over the victim.

In that case, the liability of the defendant, if any, is governed by § 707-727, and the defendant may be convicted under § 707-727, although charged under this section.

(3) In any prosecution under this section, it is an affirmative defense that:

(a) The person restrained was:

(i) On or in the immediate vicinity of the premises of a retail mercantile establishment for the purpose of investigation or questioning as to the ownership of any merchandise;
(ii) Restrained in a reasonable manner and for not more than a reasonable time; and
(iii) Restrained to permit the investigation or questioning by a police officer or by the owner of the retail mercantile establishment, the owner’s authorized employee, or the owner’s agent; and
(b) The police officer, owner, employee, or agent had reasonable grounds to believe that the person detained was committing or attempting to commit theft of merchandise on the premises.
(4) Unlawful imprisonment in the second degree is a misdemeanor.

  Previous
Next  
 Part IV Contents