Hawaii Trespassing Penalties (2026)

Criminal trespassing charges charges in Hawaii: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing trespassing charges in Hawaii, consult a licensed Hawaii criminal defense attorney.

Hawaii Trespassing Penalties

OffensePenalty
First OffensePetty misdemeanor: up to 30 days, $1,000 fine
Second OffenseMisdemeanor: up to 1 year

HRS §708-814

Trespassing Statute of Limitations in Hawaii

In Hawaii, the statute of limitations for theft and property crimes is generally 3 years.

See all Hawaii statutes of limitations →

Defending Against Trespassing Charges in Hawaii

Common defenses in Hawaii trespassing cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Hawaii criminal defense attorney for advice.

Related Hawaii Laws