Criminal penalties enhance during state of emergency

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As Puna prepares for the approaching lava flow, residents are reminded that enhanced penalties apply to certain crimes committed during a state of emergency.

Mayor Billy Kenoi proclaimed a state of emergency for the Puna district beginning Sept. 4. Under Act 111 of the 2014 Hawaii State Legislature, the classification of certain crimes is elevated during a state of emergency.

For example, any burglary of a dwelling is elevated to a Class A felony, punishable by a mandatory prison sentence of up to 20 years and no possibility of probation. Petty misdemeanor criminal property damage, usually punishable by up to 30 days in jail or a fine of up to $1,000, is elevated to a Class B felony, punishable by up to 10 years in prison and a fine of up to $25,000. Other offenses, including theft, robbery, and any assault against an emergency worker also face elevated penalties.

“The Hawaii Police Department will be vigilant in maintaining the safety and security of our community in general, and those persons suffering from this situation in particular,” said Police Chief Harry Kubojiri. “There are enhanced sentencing options for those who commit crimes during a declared state of emergency, and we will make full use of these statutes.”

“It’s time for the community to come together, work together, and prepare. We will not tolerate the further victimization of people who are already suffering. We will be expediting the prosecution of these cases, and we will not hesitate to prosecute to fullest extent of the law,” said Prosecuting Attorney Mitch Roth.

For more information, contact the Office of the Prosecuting Attorney at 961-0466 or hilopros@hawaiicounty.gov.