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Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 708-836

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

(1) A person commits the offense of unauthorized control of a propelled vehicle in the first degree if the person intentionally or knowingly exerts unauthorized control over another's propelled vehicle by operating the propelled vehicle without the owner's consent or by changing the identity of the propelled vehicle without the owner's consent.

(2) It is an affirmative defense to a prosecution under this section that the defendant:

(a) Received authorization to use the propelled vehicle from an agent of the owner where the agent had actual or apparent authority to authorize the use;

(b) Is a lien holder or legal owner of the propelled vehicle, or an authorized agent of the lien holder or legal owner, engaged in the lawful repossession of the propelled vehicle; or

(c) Purchased the vehicle and reasonably believed oneself to be the actual owner of the vehicle.

(3) For the purposes of this section:

“Owner” means the registered owner of the propelled vehicle or the unrecorded owner of the propelled vehicle pending transfer of ownership; provided that if there is no registered owner of the propelled vehicle or unrecorded owner of the propelled vehicle pending transfer of ownership, “owner” means the legal owner.

“Propelled vehicle” means an automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle.

(4) Unauthorized control of a propelled vehicle in the first degree is a class C felony.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 708-836 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-5-crimes-and-criminal-proceedings/hi-rev-st-sect-708-836/

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