Author Topic: HI trespass law - FYI  (Read 13149 times)

Offline Ozzi

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HI trespass law - FYI
« on: July 09, 2009, 01:17:35 PM »
By Gregg

Here's my fast and dirty interpretation of HI trespass laws §§ 708-813 to 708-815. I haven't read all the case law, just a bit of it. Just because you have legal 'right' to be somewhere, doesn't mean you can disrespect or trash it. Don't jump on cultural sites [like ancient walls].

I have full rights to be anywhere up to the high tide line [vegetation line], anywhere in the state. That gives me hundreds of miles of sand and rock to play on. More at low tide. [This law is probably unusual to Hawaii]

I can go on open/ unimproved land if there is no sign, or I am not warned away by the owner or an authorized person. Sign = warning. ["KAPU" = "taboo" = "Keep Out"]
I can go any place open at the time to the public, unless I'm specifically warned not to enter or remain.

Open areas where I know I'm not licensed, invited, or privileged = simple trespass = violation.

2nd degree criminal trespass = petty misdemeanor = if area is enclosed or fenced. This does NOT have to be private land. It doesn't matter who the owner is. [Carrying a firearm makes this a misdemeanor.]

1st degree = misdemeanor = entering personal dwellings, being in or on hotel or apartment buildings premises. [This includes hotel property [which can be huge] not just the actual building. The amendment is used mostly as an anti-prostitution measure.]

School property is now also 1st degree. They have to warn you or ask you to leave between 5 am - 10 pm. After that, no warning's needed. Doesn't matter if the school has fences or not.

In 2004, Act 50 let any police officer [etc.] ban someone from public property for up to one year simply by issuing a "warning statement advising the person that the person's presence is no longer desired on the premises." The law was intended to target people living on public beaches, but it was abused.

The legislature repealed Act 50 in 2005. They amended the trespass law for any park, beach, shore, or other recreational area or facility under control, maintenance, and management of the State or any of the counties.

"§708-  Criminal trespass onto public parks and recreational grounds. (1) A person commits the offense of criminal trespass onto public parks and recreational grounds if the person remains unlawfully in or upon a public park or recreational ground after a request to leave is made by any law enforcement officer, when the request is based upon violation by the person of any term of use specified on a sign or notice posted on the property, or based on violation of any term of use contained in, or the expiration of, any permit relating to the person's presence on the property.
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Offline Ozzi

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Re: HI trespass law - FYI
« Reply #1 on: July 09, 2009, 01:18:02 PM »
Drake Maddix had a good post from a security officer's point of view:

"I'll post a bit here about the process since it sparked a bit of interest. 
 
Personally, i am a very laid back person, i will only pester someone if i have recieved a complaint about that specific person, or if they were doing something completely out of the ordinary.  With parkour, the only thing i could see might be property damage, or if the complainant is an not a very nice person, "Horseplay".  It truely depends on the security guards personality.
 
First and foremost, remember: Depending of the severity of the offence, a security guard cannot touch, detain or "Arrest" you.  Also, most security guards in waikiki are restricted to their property line, but i have heard of rare occasions when shop owners run halfway across town chasing a shoplifter.
 
Trespasses, expecially from most waikiki hotels are an extremely long and arduous for the security guard and the trespassee.  There are three very critical parts of the trespass that are absolutely needed to stand up in court.  The first is a photo.  You can refuse to be photo'd, but the security will try to sneak a photo in, and depending on whether HPD is present or not they will or will not make you take the photo IE: Hold your head to the camera.  They can also use a photocopy of your state or goverment issued ID as the photo, so no matter what, dont give up your ID.
 
The second thing they need, is to properly identify you.  If you do not have ID, most security procedures state that the officer must contact HPD.  To properly identify you, HPD needs a SSN, DOB, and name to run with their dispatcher.  If your still present when HPD arrives, you might as well just take the trespass.  Key: Dont stick around for HPD!!!
 
The third and final thing is a trespass warning form.  Usually one piece of paper which indicates your name, DOB, SSN/ID number, height, weight, complexion, build, identifying characteristics (Scars/tattoos), address, etc...  as well as a list of all properties that you are trespassed from.  If any of these things are wrong, a good lawyer can take advantage of it and get you off if your caught on the property within a year.  The warning form also has a section for your signiture, and often a statement.  DONT FILL THIS OUT!!! Not even HPD can make you sign the form.  This form usually takes about a half hour to fill out.
 
So to be honest, from the time the security guard gets the call, to the time that the call is completed is about an hour and a half.  I expect you all to be freerunners, and not stick around that long.  But don't try running from the cops, no matter how good you are!"

So it looks like the key is -- respect the property, try not to damage things. If security does show up, be polite...
 
...and politely leave the premises.
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Offline Ozzi

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Re: HI trespass law - FYI
« Reply #2 on: July 09, 2009, 01:18:45 PM »
Adam didn't remember this sticky. He posted this at APK:

I have a question for anybody who knows the law well. I was drilling some vaults today at a local highschool, it's Saturday, place was nearly deserted, and where I was practicing, by some benches, was completely deserted, so I figured this is as good a place as any. Anyways, 10 minutes into my practice a guy on a golf cart style thing comes by, tells me I need to leave. I was very pleasant with him, explaining what I was doing, saying I'm not bothering anybody, school is not in session, and we discussed liability as well. He got impatient with my discussion tactics and threatened to call the police, so whatever, I figured it wasn't worth it and nicely left.

My question is, what are the laws regarding school property? Me and my family pay expensive school taxes that built that place and I'm not allowed to walk around it on a Saturday? It's wide open and has no signs anywhere regarding trespassing conditions or property ownership. I don't think the police would be interested in being bothered with some kid minding his own business on a bench in the middle of a deserted high school. I would just like to know what I'm talking about when discussing things with security guards, as I often train at schools, as I'm sure many others here do. Is it truly illegal to be on public school property? What rights to security guards have? What do I have to worry about? Anybody have any proper information on this?

Much appreciated,
-Adam McC


A lot of non-Hawaii people gave him answers, some funny [like M2's], other's useless. The info was already here. So I'll repeat:

School properties in HI are bad news. Criminal Trespass = 1st degree misdemeanor. They have to ask you to leave between 5am - 10pm. After that, no warning needed. Note = this is the PROPERTY, which can be huge, and does not have to be fenced or have signs. 1st degree is serious - like walking into your living room and finding some bum sitting on your couch, watching your tv.

Resorts are also Class 1, but that's used mostly to keep out prostitutes. Drake explained resort security from Security's POV. From experience, I've seen that as long as you're a client/ paying guest you can climb around on things, take pictures of it, and they won't hassle you too badly.
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Offline Ozzi

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Re: HI trespass law - FYI
« Reply #3 on: July 09, 2009, 01:19:11 PM »
Just be glad Hawaii doesn't have a "Shoot First" law. Colorado Legislature in 1985 as the Homeowner Protection Act makes it legal for the occupant of a home ''to use any degree of force, including deadly force, against another person when that person has made an unlawful entry and when the occupant has a reasonable belief that such person has committed a crime or intends to commit a crime against person or property.''

It's different with police: Colorado: Under state law, one needs only to interact with a cop, and that cop needs only to "fear" for his life in order to be authorized to shoot to kill. Whether he's in "fear," and therefore justified to shoot, is entirely up to him.

That's similar here in Maui, with police. If you have a weapon [katana sword, gun, or car] and the police feel threatened, they will shoot, they may kill. Example = 2 dozen shots = dead.  I know of five "for sure" police shootings [sword, pepper spray, 3 cars], not sure of others.

Hawaii State Law: §711-1107 Desecration. (1) A person commits the offense of desecration if the person intentionally desecrates: (a) Any public monument or structure; or (b) A place of worship or burial; or (c) In a public place the national flag or any other object of veneration by a substantial segment of the public. (2) "Desecrate" means defacing, damaging, polluting, or otherwise physically mistreating in a way that the defendant knows will outrage the sensibilities of persons likely to observe or discover the defendant's action. (3) Any person convicted of committing the offense of desecration shall be sentenced to a term of imprisonment of not more than one year, a fine of not more than $10,000, or both. [L 1972, c 9, pt of §1; gen ch 1993; am L 2002, c 198, §1]
"Be the change you want to see in the world"
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