Falsification in Hawaii: Laws, Penalties, and Legal Options
Understand how Hawaii addresses falsification through legal consequences, available defenses, and the broader impact on professional standing.
Falsification in Hawaii carries significant weight, potentially leading to criminal charges, civil lawsuits, and the loss of professional licenses. Actions like altering documents, lying under oath, or providing false information to authorities are treated seriously because they can undermine public trust and safety.
Understanding Hawaii’s approach to falsification is crucial. The state has specific laws addressing various forms of deception, with penalties varying based on the act’s severity and context. This article outlines the types of conduct considered illegal, the potential consequences, and available legal responses under state law.
Activities Considered Illegal
Hawaii law prohibits several forms of falsification to ensure the integrity of public and private affairs.
Making false statements under oath, known as perjury, is illegal under Hawaii Revised Statutes section 710-1060.1Justia US Law. Hawaii Revised Statutes § 710-1060 – Perjury This applies when someone knowingly makes an untrue statement during official proceedings like court hearings or legislative sessions where sworn testimony is required.
Providing false statements in other official contexts, even without an oath, is also restricted. State law section 710-1063 defines “unsworn falsification to authorities” as making a statement believed to be untrue—whether written, electronic, or oral—with the intent to mislead a public servant in their official duties.2Justia US Law. Hawaii Revised Statutes § 710-1063 – Unsworn Falsification to Authorities Examples include submitting false information on government applications or giving inaccurate details in legally required reports.
Manipulating records and documents is another prohibited category. Tampering with government records (state law section 710-1017) involves knowingly creating a false government record, presenting a falsified one, or improperly withholding such records.3Justia US Law. Hawaii Revised Statutes § 710-1017 – Tampering With a Government Record Similarly, falsifying business records (state law section 708-872) occurs when someone, intending to defraud, makes false entries, alters true ones, or prevents correct entries in an enterprise’s records, including electronic data.4Justia US Law. Hawaii Revised Statutes § 708-872 – Falsifying Business Records
Forgery involves creating or altering written instruments like deeds, contracts, or checks with fraudulent intent, as detailed in state law sections 708-852 (second-degree forgery) and 708-853 (third-degree forgery).5Justia US Law. Hawaii Revised Statutes § 708-852 – Forgery in the Second Degree Presenting a known forged document as genuine, known as uttering, is also covered.
Providing false information extends to specific interactions with authorities. Obtaining government identification using false statements or documents, especially to facilitate a felony, is illegal under state law section 710-1016.3. False reporting to law enforcement (state law section 710-1015) by providing fictitious information about an incident is also prohibited, as is submitting false physical evidence in official proceedings (state law section 710-1076).6Justia US Law. Hawaii Revised Statutes § 710-1076 – Tampering With Physical Evidence
Criminal Sanctions
Individuals found guilty of falsification face criminal penalties determined by the offense’s classification under the Hawaii Penal Code. Crimes are categorized as felonies, misdemeanors, or petty misdemeanors, each with distinct potential sentences and fines.
Certain serious falsification offenses are Class C felonies. These include perjury (state law section 710-1060), second-degree forgery (state law section 708-852), tampering with physical evidence (state law section 710-1076), and obtaining government ID under false pretenses to facilitate a felony (state law section 710-1016.3). A Class C felony conviction carries a potential prison sentence of up to five years and a fine up to $10,000, according to state law sections 706-660 and 706-640.
Many falsification acts are classified as misdemeanors. This includes unsworn falsification to authorities (state law section 710-1063), tampering with a government record (state law section 710-1017), falsifying business records (state law section 708-872), third-degree forgery (state law section 708-853), and obtaining government ID under false pretenses without intent to facilitate a felony (state law section 710-1016.3).7Justia US Law. Hawaii Revised Statutes § 708-853 – Forgery in the Third Degree A misdemeanor conviction can lead to up to one year in jail and a fine of up to $2,000, per state law sections 706-663 and 706-640.
The least severe category is the petty misdemeanor. False reporting to law enforcement (state law section 710-1015) falls into this classification. Penalties include up to thirty days in jail and a maximum fine of $1,000, as outlined in state law sections 706-663 and 706-640.
Civil Remedies
Beyond criminal penalties, falsification can lead to civil lawsuits brought by individuals or entities harmed by the deception. These lawsuits, typically based on tort claims like fraud or misrepresentation, allow victims to seek monetary compensation and other relief.
To win a civil case for fraud or intentional misrepresentation, the plaintiff must generally prove several points according to Hawaii case law: the defendant made a false representation of a material fact, knew it was false (or acted recklessly), intended the plaintiff to rely on it, and the plaintiff justifiably relied on it, suffering actual damages.
If liability is established, courts can award remedies. Compensatory damages aim to cover the plaintiff’s actual losses resulting from the fraud. In cases of particularly egregious behavior, punitive damages may be awarded to punish the wrongdoer and deter future misconduct, as affirmed in cases like Ditto v. McCurdy. While state law section 480-13 allows treble damages for certain unfair trade practices, it precludes punitive damages under that specific chapter; however, punitive damages might still be available under common law fraud claims.
Other civil remedies may include rescission, which cancels a contract induced by falsification, aiming to restore parties to their pre-contract positions. State law section 490:2-721 confirms that remedies for fraud in goods sales include those available for non-fraudulent breaches, and seeking rescission doesn’t prevent damage claims. Courts might also issue injunctions, ordering the defendant to stop deceptive practices or take corrective actions.
Licensing Consequences
Falsification can jeopardize professional or vocational licenses in Hawaii. State licensing boards, under the Department of Commerce and Consumer Affairs’ Professional and Vocational Licensing Division (PVL), oversee licensee conduct and can impose discipline for dishonesty.
Hawaii Revised Statutes Chapter 436B, the Uniform Professional and Vocational Licensing Act, allows licensing authorities to deny, revoke, suspend, or condition licenses for various reasons related to falsification (state law section 436B-19).8FindLaw. Hawaii Revised Statutes § 436B-19 – Denial; Revocation, Suspension, Condition, or Refusal to Renew License These include obtaining a license through fraud or deceit, engaging in false advertising or making untruthful statements, professional misconduct, lack of trustworthiness, unethical conduct, or violating licensing laws and rules.
Specific professions often have additional rules. For instance, massage therapists (state law section 452-24), real estate appraisers (Hawaii Administrative Rules section 16-114-106), insurance producers (state law section 431:9A-112), and pharmacists (Hawaii Administrative Rules section 16-95-110) all face disciplinary action for acts involving fraud, misrepresentation, or dishonesty related to their licenses or practice.9Justia US Law. Hawaii Revised Statutes § 431:9A-112 – License Denial, Nonrenewal, Suspension, or Revocation10Cornell Law | LII. Haw. Code R. § 16-95-110 – Grounds for Disciplinary Action (Pharmacists)
When a licensing board receives a complaint alleging falsification, it typically investigates. If allegations are substantiated, the board may initiate disciplinary proceedings, usually involving notice and a hearing under state administrative procedures (Chapter 91). Sanctions can range from reprimands and fines to license suspension or revocation, depending on the severity. Actions like making false statements on a license application can trigger these consequences even without a criminal conviction.
Potential Defenses
Individuals accused of falsification in Hawaii may have several defenses available, often focusing on negating elements the prosecution must prove.
A key defense involves challenging the required mental state, or mens rea. Many falsification crimes require intent. For perjury (state law section 710-1060), the person must make a statement they do not believe to be true. A genuine, albeit mistaken, belief in the statement’s truth could be a defense. Similarly, unsworn falsification (state law section 710-1063) requires an “intent to mislead.” Lack of such intent, perhaps due to misunderstanding, could negate this element. Forgery (state law section 708-852) requires “intent to defraud.” Showing the act lacked this purpose is a direct defense.
Mistake of fact, under state law section 702-218, can be a defense if it negates the required state of mind.11Justia US Law. Hawaii Revised Statutes § 702-218 – Ignorance or Mistake as a Defense If someone submitted false information reasonably believing it was accurate (perhaps misled by a third party), this mistake might counter the “knowing” or “intent to mislead” element of offenses like unsworn falsification or tampering with government records.
For perjury and related offenses, state law section 710-1064 provides a specific defense of retraction. This applies if the person corrects the false statement during the same proceeding before its discovery became known to them, or under similar conditions if not in an official proceeding. However, certain irregularities, like issues with oath administration or the statement’s admissibility, are explicitly not defenses (state law section 710-1068). Believing a false statement was immaterial is also not a defense to perjury if the court finds it was material (state law section 710-1060(2)).
Duress, defined in state law section 702-231, may apply if the person acted due to coercion involving unlawful force or threats that a reasonably firm person couldn’t resist. If someone was forced to falsify information under such conditions, duress could excuse the conduct, though it’s unavailable if the person recklessly placed themselves in that situation. Duress is typically an affirmative defense, meaning the defendant may need to prove it.
The requirement of a voluntary act (state law section 702-200) could theoretically apply if the action related to falsification was not a product of the actor’s conscious effort, though this is less common in these types of cases.
Reporting the Offense
Individuals aware of potential falsification in Hawaii can report it through several channels, depending on the situation.
For suspected criminal acts like perjury, forgery, or false reporting to law enforcement, reports should be made to the local county police department (Honolulu, Maui, Kauai, or Hawaii County). Providing detailed information about the incident, individuals involved, and any evidence aids investigation.
If falsification involves potential fraud, waste, or abuse concerning government funds or officials, reports can go to the Hawaii State Attorney General’s office or the Hawaii State Ethics Commission.12Hawai‘i State Ethics Commission. Report Fraud, Waste, and Abuse The Attorney General’s office handles complaints involving state resources (contact: anti-fraud@hawaii.gov or 587-0000). Federal program fraud should be reported to the relevant federal agency or its Inspector General.
Falsification related to licensed professionals or businesses should be reported to the Department of Commerce and Consumer Affairs (DCCA), specifically its Regulated Industries Complaints Office (RICO). RICO investigates complaints against licensees and unlicensed activity, including obtaining licenses through fraud or engaging in deceptive practices. Complaints can often be filed online via the DCCA website.
Consumer issues involving unfair or deceptive business practices, such as false advertising, fall under the DCCA’s Office of Consumer Protection (OCP). The OCP accepts complaints, often through its website or by mail. Providing details and documentation helps the review process. While agencies investigate, information in complaints may become public record, though confidentiality efforts are made during investigations. Some complaint forms may require notarization and declaration under penalty of perjury.
