(1) A person commits the offense of criminal littering if that person knowingly places, throws, or drops litter on any public or private property or in any public or private waters, except:

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
petty misdemeanorup to 30 daysup to $1,000
For details, see Haw. Rev. Stat. § 706-663
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Terms Used In Hawaii Revised Statutes 708-829

  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(a) In a place designated by the department of health or the county for the disposal of garbage and refuse;
(b) Into a litter receptacle;
(c) Into a litter bag; provided that the bag is disposed of properly into a litter receptacle or in a place designated by the department of health or the county for the disposal of garbage and refuse.
(2) “Litter” means rubbish, refuse, waste material, garbage, trash, offal, or debris of whatever kind or description, and whether or not it is of value, and includes improperly discarded paper, metal, plastic, glass, or solid waste.
(3) Criminal littering is a petty misdemeanor.
(4) The court shall sentence any person convicted of committing the offense of criminal littering as follows:

(a) For the first offense, the person shall spend four hours of either picking up litter on public property or performing community service;
(b) For any subsequent offense, the person shall spend eight hours of either picking up litter on public property or performing community service; and
(c) The court shall fine the person convicted of committing the offense of criminal littering at least $500, but not more than $1,000.
(5) It shall be an affirmative defense that the defendant had consent of the owner in control of the property.

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