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Hawaii Revised Statutes Division 1. Government § 142-33

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) A person commits the offense of habitual agricultural crime if the person is a habitual agricultural crime perpetrator and commits a criminal offense under this chapter.

(b) For the purposes of this section, “habitual agricultural crime perpetrator” means a person who, within five years of the instant offense, has any combination of three or more prior convictions for criminal offenses under this chapter or one or more prior convictions under this section.  The convictions shall be for separate incidents on separate dates.  The prosecution shall not be required to prove any state of mind with respect to the person's status as a habitual agricultural crime perpetrator.  Proof that the person has the requisite minimum prior convictions shall be sufficient to establish this element.

(c) Habitual agricultural crime is a class C felony.

(d) For a conviction under this section, the sentence shall be either:

(1) An indeterminate term of imprisonment of five years;  provided that the minimum term of imprisonment shall be not less than one year;  or

(2) A term of probation of five years, with conditions to include but not be limited to one year of imprisonment;  provided that probation shall only be available for a first conviction under this section.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 1. Government § 142-33 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-1-government/hi-rev-st-sect-142-33/

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