Trespassing
HRS 708-814 — a fence, a written warning or posted signs make it a petty misdemeanor, and a beach path is a defense
| Offense | What it is | Level |
|---|---|---|
| OffenseSimple trespass | What it isKnowingly entering or remaining unlawfully in or upon premises | LevelA violation |
| OffenseSecond degree | What it isPremises fenced or enclosed to exclude intruders; commercial premises after a written warning or request to leave; unimproved land fenced or posted; closed areas of a housing project | LevelA petty misdemeanor |
| OffenseFirst degree | What it isA dwelling, a hotel or apartment building, fenced premises while carrying a firearm, or a school after a warning to leave | LevelA misdemeanor |
Who handles this in Hawaii: Hawaii State Bar Association, Lawyer Referral and Information Service; and legal aid programs and the state offices, listed in the Hawaii directory.
- On commercial premises, the warning is in writing, and counts for a one year period inclusive of the date of the incident.
- Posted land needs signs reading Private Property - No Trespassing or similar, in letters no less than two inches high, no less than three signs to a mile along the boundary and at roads and trails.
- At a school, no warning is needed between 10:00 p.m. and 5:00 a.m.
- A process server or land surveyor doing their job is not covered, unless for a process server the land is behind a fence and locked gate.
The way to the beach. It is a defense to the lower two trespass offenses that the person walked along established and well defined roads, paths or trails leading to public beaches over government land, even land leased to private persons.
Sources for this section (4)
- HRS 708-813 — Criminal trespass in the first degree
- HRS 708-814 — Criminal trespass in the second degree
- HRS 708-815 — Simple trespass
- HRS 708-816 — Defense to trespass
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Hawaii attorney.