Criminal trespass in the first degree in Hawaii is a misdemeanor under HRS 708-813, and it carries up to one year in jail plus a fine of up to $2,000.1Justia. Hawaii Code 708-813 – Criminal Trespass in the First Degree2Justia. Hawaii Code 706-663 – Sentence of Imprisonment for Misdemeanor and Petty Misdemeanor3Justia. Hawaii Code 706-640 – Authorized Fines It applies in three specific situations: entering someone’s home or a hotel or apartment building without permission, entering fenced or enclosed property while carrying a firearm, or being on school grounds without authorization. It’s the most serious of Hawaii’s three trespass tiers, and the one that most affects a person’s record.
The Three Ways You Can Be Charged
HRS 708-813 covers three distinct scenarios. Each requires that you acted “knowingly,” meaning you were aware you didn’t have permission to be there.
Entering a Dwelling, Hotel, or Apartment Building
Knowingly entering or remaining in someone’s home, a hotel, or an apartment building without authorization is the most common basis for a first-degree charge. These spaces carry the highest expectation of privacy under Hawaii law, which is why intrusion here is treated more harshly than any other kind of trespass.
Entering Enclosed Premises With a Firearm
Knowingly entering or remaining on fenced or enclosed property while carrying a firearm elevates what would otherwise be a second-degree charge. The presence of the weapon is what pushes the offense up to first-degree, regardless of whether the firearm is ever displayed or used.
Entering School Grounds
Being on the premises of any public or private school after being told to leave by school authorities or police also qualifies. Between 10:00 p.m. and 5:00 a.m., no warning is required at all. Simply being on school property during those hours without authorization is enough to support the charge.
Who Is Exempt
The statute carves out two exceptions that matter in practice. Process servers who enter property to deliver legal documents are exempt, provided the property isn’t secured behind a locked gate. Licensed land surveyors working at the request of a landowner or someone with a property interest are also exempt.1Justia. Hawaii Code 708-813 – Criminal Trespass in the First Degree Anyone claiming one of these privileges needs documentation on hand — a work order, easement agreement, or court authorization — to establish the right to be there.
Penalties
A first-degree conviction is a misdemeanor. The maximum jail term is one year,2Justia. Hawaii Code 706-663 – Sentence of Imprisonment for Misdemeanor and Petty Misdemeanor and the court can impose a fine of up to $2,000.3Justia. Hawaii Code 706-640 – Authorized Fines Judges have discretion to order probation or community service instead of, or in addition to, jail time. The sentence a first-time offender receives for wandering into an apartment building looks very different from what a repeat offender armed with a firearm on enclosed land might face, even though both fall under the same statute.
What “Entered or Remained Unlawfully” Means
Every first-degree charge hinges on whether you were on the property lawfully. HRS 708-800 defines “entered or remained unlawfully” as being somewhere without a license, invitation, or other privilege to be there. The statute recognizes that a property open to the public at the time of entry carries an implied license: you’re there lawfully until someone with authority personally tells you to leave. That distinction rarely helps in first-degree cases, though, because homes, hotels, and apartment buildings generally aren’t open to the public, and school grounds after hours aren’t either.
The “knowingly” requirement is often more useful. Prosecutors have to prove you were aware you lacked permission. If you genuinely believed you had consent — you were told a friend lived in a particular unit, for instance, and entered the wrong apartment — that undercuts the knowledge element. Courts look at the surrounding facts: whether the entry was forced, whether you had any prior connection to the occupant, and whether you left immediately when told to.
Defenses to a First-Degree Charge
Hawaii’s trespass statutes give defendants several angles, but one important limitation applies here. The statutory defense in HRS 708-816 is written specifically for second-degree and simple trespass. It does not apply to first-degree charges.4Justia. Hawaii Code 708-816 – Defense to Trespass The legislature decided that entering someone’s home or carrying a firearm onto enclosed property is serious enough that fewer excuses should be available.
What remains for first-degree defendants generally falls into three categories. The first is challenging the knowledge element — showing you didn’t know you lacked permission, or reasonably believed you had it. The second is asserting a legal right or privilege to enter. Utility workers with easement access, emergency responders, and government inspectors operating under a warrant or statutory authority can all be lawfully on private property. Process servers and licensed surveyors have their own express exemptions in the statute.1Justia. Hawaii Code 708-813 – Criminal Trespass in the First Degree The third is contesting the factual basis of the charge itself: whether the building actually qualifies as a dwelling, whether the firearm allegation can be proven, or whether the school-grounds timing and warning elements were met.
What a Conviction Does to Your Record
A first-degree trespass conviction creates a permanent criminal record in Hawaii, and clearing it is harder than many people expect. The state’s expungement law, HRS 831-3.2, only applies to arrests or charges that did not result in a conviction.5Justia. Hawaii Code 831-3.2 – Expungement Orders If your case is dismissed or you’re acquitted, you can apply to the attorney general’s office to expunge the arrest record. If you’re convicted, Hawaii law does not currently provide a standard expungement path for that conviction.
The one workaround is Hawaii’s deferred acceptance of guilty plea program under HRS Chapter 853. If the court allows a deferred plea, you complete conditions the court sets — community service, probation, staying out of trouble — and the charge is eventually dismissed. After dismissal, you must wait one year before applying to expunge the arrest record.5Justia. Hawaii Code 831-3.2 – Expungement Orders For first-degree trespass in particular, negotiating a deferred plea at the front end of a case is often more valuable than any reduction in sentence, because it preserves the ability to clear the record.
The stakes on background checks are real. A misdemeanor conviction shows up on employment, housing, and professional licensing screens. First-degree trespass in particular — because it usually involves entering someone’s home — can raise concerns out of proportion to the actual conduct, especially in jobs involving trust, money handling, or work in private residences.
How It Differs From the Lower Tiers
First-degree is only one of three trespass tiers in Hawaii, and the labels are not interchangeable. Second-degree criminal trespass under HRS 708-814 is a petty misdemeanor covering fenced or enclosed premises generally, staying at a business after being asked to leave, and unauthorized entry onto posted agricultural or unused lands.6Justia. Hawaii Code 708-814 – Criminal Trespass in the Second Degree Simple trespass under HRS 708-815 is a violation — not a crime at all — with no jail time and a maximum fine of $1,000.7Justia. Hawaii Code 708-815 – Simple Trespass If your situation involves fenced land without a firearm, a store you were asked to leave, or open unposted land, you’re likely looking at one of the lower tiers rather than first-degree.