Criminal Offenses

HRS div. 1, tit. 1, ch. 6E, pt. V

in effect

HRS §6E-71 Taking, appropriation, excavation, injury, destruction, or alteration of historic property or aviation artifact; penalty

6E-71. Taking, appropriation, excavation, injury, destruction, or alteration of historic property or aviation artifact; penalty (a) A person commits the offense of taking, appropriation, excavation, injury, destruction, or alteration of historic property or aviation artifact if the person knowingly: (1) Takes, appropriates, excavates, injures, destroys, or alters any historic property or aviation artifact located upon the private land of any owner thereof without the owner's written permission being first obtained; or (2) Takes, appropriates, excavates, injures, destroys, or alters any historic property or aviation artifact located upon land owned or controlled by the State or any of its political subdivisions, except as permitted by the department. (b) Taking, appropriation, excavation, injury, destruction, or alteration of historic property or aviation artifact is a misdemeanor for which a fine not to exceed $25,000 may be imposed, in addition to any other penalty authorized by chapter 706 for a misdemeanor. (c) Each day of a continued violation of this section shall constitute a distinct and separate offense. [L 2005, c 128, pt of §1]

HRS §6E-72 Taking, appropriation, excavation, injury, destruction, or alteration of a burial site; penalty

6E-72. Taking, appropriation, excavation, injury, destruction, or alteration of a burial site; penalty (a) A person commits the offense of taking, appropriation, excavation, injury, destruction, or alteration of a burial site if the person knowingly: (1) Takes, appropriates, excavates, injures, destroys, or alters any burial site or the contents thereof, located on private land or land owned or controlled by the State or any of its political subdivisions, except as permitted by the department; or (2) Takes, appropriates, excavates, injures, destroys, or alters any burial site or the contents thereof during the course of land development or land alteration activities to which section 6E-42 applies, without obtaining the required approval. (b) Taking, appropriation, excavation, injury, destruction, or alteration of a burial site is a misdemeanor for which a fine not to exceed $25,000 may be imposed, in addition to any other penalty authorized by chapter 706 for a misdemeanor. (c) Each day of a continued violation of this section shall constitute a distinct and separate offense. [L 2005, c 128, pt of §1]

HRS §6E-73 Failure to stop work upon discovery of a burial site; penalty

6E-73. Failure to stop work upon discovery of a burial site; penalty (a) A person commits the offense of failure to stop work upon discovery of a burial site if the person discovers a burial site and knowingly fails to stop work in the immediate area and report the discovery as required by section 6E-43.6. (b) It is not a defense to the prosecution of a violation of this section that the discovery of the burial site was inadvertent. (c) Failure to stop work upon discovery of a burial site is a misdemeanor for which a fine not to exceed $25,000 may be imposed in addition to any other penalty authorized by chapter 706 for a misdemeanor. (d) Each day of a continued violation of this section shall constitute a distinct and separate offense. [L 2005, c 128, pt of §1]

HRS §6E-74 Criminal penalties not in lieu of civil or administrative penalties

6E-74. Criminal penalties not in lieu of civil or administrative penalties The criminal penalties imposed by this part are in addition to, and not in lieu of, any civil or administrative penalties provided by law. L 2005, c 128, pt of §1

HRS §6E-75 Part not applicable to family burial plots

6E-75. Part not applicable to family burial plots Nothing in this part shall apply to land altering activities related to family burial plots under section 441-5.5. L 2005, c 128, pt of §1

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol01_Ch0001-0042F/HRS0006E/HRS_0006E-.htmFetched: 11/10/2026