Is Disorderly Conduct a Crime in Hawaii? Penalties and Trespass

In Hawaii, disorderly conduct under HRS 711-1101 is usually a violation, a non-criminal offense punishable by a fine of up to $1,000. It becomes a petty misdemeanor, with up to 30 days in jail, only if the person intends to cause substantial harm or serious inconvenience or keeps going after a reasonable warning or request to stop.

Criminal trespass has three tiers: first degree (HRS 708-813), a misdemeanor; second degree (708-814), a petty misdemeanor; and simple trespass (708-815), a violation. Under Act 143 of 2026, a misdemeanor that is not a crime of violence now carries at most 364 days. Trespass becomes a felony only in separate offenses, such as entering a dwelling while someone is lawfully present, trespassing on agricultural land with a dangerous instrument, hunting without permission on another's agricultural land, or habitual property crime, which can reach a trespass committed by a person with enough prior property-crime convictions within ten years (HRS 708-803). For other states, see our guide to disorderly conduct and trespass laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Hawaii's state criminal statutes on disorderly conduct (HRS 711-1101) and related offenses in Part I of chapter 711, false-report and threat offenses in chapters 707 and 710, criminal trespass and unauthorized entry in chapter 708, and hunting on private land under chapter 183D, with the misdemeanor sentencing change made by Act 143 of 2026. It does not cover county noise rules and quiet hours (see Hawaii noise laws), the procedure for removing squatters (see Hawaii squatters' rights), use of force against an intruder (see Hawaii self-defense laws), county ordinances, civil trespass lawsuits, or federal property rules.

Disorderly conduct in Hawaii: HRS 711-1101

Section 711-1101(1) reads:

"(1) A person commits the offense of disorderly conduct if, with intent to cause physical inconvenience or alarm by a member or members of the public, or recklessly creating a risk thereof, the person: (a) Engages in fighting or threatening, or in violent or tumultuous behavior; (b) Makes unreasonable noise; (c) Subjects another person to offensively coarse behavior or abusive language which is likely to provoke a violent response; (d) Creates a hazardous or physically offensive condition by any act which is not performed under any authorized license or permit; or (e) Impedes or obstructs, for the purpose of begging or soliciting alms, any person in any public place or in any place open to the public." (HRS 711-1101(1))

Every form has the same mental state: intent to cause "physical inconvenience or alarm by a member or members of the public," or recklessly creating a risk of it.

Language. Paragraph (c) reaches "offensively coarse behavior or abusive language" only when it "is likely to provoke a violent response."

Noise. Under section 711-1101(2), noise is unreasonable if, considering "the nature of the location and the time of the day or night," the conduct "involves a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation," or if the person fails "to heed the admonition of a police officer that the noise is unreasonable and should be stopped or reduced." The same subsection makes a renter, resident or owner-occupant who "knowingly or negligently consents to unreasonable noise on the premises" guilty of a noise violation. County noise rules and quiet hours are covered on our Hawaii noise ordinance laws page.

Violation or petty misdemeanor

Section 711-1101(3) sets the grade:

"(3) Disorderly conduct is a petty misdemeanor if it is the defendant's intention to cause substantial harm or serious inconvenience, or if the defendant persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a violation." (HRS 711-1101(3))

A violation "does not constitute a crime, and conviction of a violation shall not give rise to any civil disability based on conviction of a criminal offense" (HRS 701-107). The maximum fine for a violation or a petty misdemeanor is $1,000 (HRS 706-640(1)(e)), and a petty misdemeanor carries up to 30 days in jail (HRS 706-663). Section 711-1101 has no felony form.

Riot, failure to disperse and other public-order offenses

Besides disorderly conduct, Part I of chapter 711 includes failure to disperse, riot, unlawful assembly, obstructing, harassment (section 711-1106, a petty misdemeanor), desecration, abuse of a corpse, cruelty to animals in the second degree and interference with the operator of a public transit vehicle. Part I contains no offense named breach of the peace and no funeral-picketing provision.

Failure to disperse (HRS 711-1102). When six or more persons are participating in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance or alarm, a law enforcement officer may order the participants and others nearby to disperse. A person who "knowingly fails to comply" commits a misdemeanor: up to 364 days in jail for a misdemeanor that is not a crime of violence under Act 143, and a fine of up to $2,000 (HRS 706-640(1)(d)).

Riot (HRS 711-1103). A person commits riot by participating "with five or more other persons in a course of disorderly conduct" either "With intent to commit or facilitate the commission of a felony" or when the person or another participant, to the person's knowledge, "uses or intends to use a firearm or other dangerous instrument." Riot is a class C felony, punishable by up to 5 years (HRS 706-660(1)(b)) and a fine of up to $10,000 (HRS 706-640(1)(c)).

Unlawful assembly (HRS 711-1104). Assembling with five or more others intending to engage in a riot, or remaining at an assembly that has or develops a riot purpose with intent to advance it, is a misdemeanor, with the same 364-day ceiling for a non-violent misdemeanor and a fine of up to $2,000.

Obstructing (HRS 711-1105). Knowingly or recklessly obstructing a highway or public passage without legal privilege, or leaving less than 36 inches of passage on a paved public sidewalk, is obstructing; so is refusing a reasonable police order to move while in a gathering. "Obstructing is a petty misdemeanor if the person persists in the conduct specified in subsection (1) after a warning by a law enforcement officer; otherwise it is a violation."

False alarms, false reports and threats. Calling 911 and knowingly causing a false alarm, or making a false complaint or report in reckless disregard of the risk that a public safety agency will dispatch emergency services, is misuse of 911 emergency telephone service, a misdemeanor (HRS 710-1014.5). Intentionally making a report to law enforcement about a crime or other incident while knowing the information is false is a misdemeanor (HRS 710-1015). Threatening, by word or conduct, to cause bodily injury, serious damage to property or a felony, with intent to terrorize another person or to cause the evacuation of a building, place of assembly or public transportation facility (or in reckless disregard of either risk), is terroristic threatening (HRS 707-715). In the second degree it is a misdemeanor (HRS 707-717); because section 134-1 lists it as a crime of violence, the Act 143 364-day ceiling does not apply and the maximum remains 1 year. It is first-degree terroristic threatening, a class C felony, when, among other forms, the threats are repeated or part of a common scheme against different persons, are made against a public servant such as an educational worker arising out of official duties or against an emergency medical services provider, are made with a dangerous instrument or simulated firearm, or target a person protected by a court order; it is a class B felony (up to 10 years and up to $25,000) when committed with a firearm or simulated firearm in a location listed in section 134-9.1(a) (HRS 707-716).

Criminal trespass in Hawaii

Hawaii grades trespass by place and circumstance into three tiers, with separate offenses for parks, state lands and agricultural land. All of them turn on the chapter 708 definition of entering or remaining unlawfully:

"Enter or remain unlawfully means to enter or remain in or upon premises when the person is not licensed, invited, or otherwise privileged to do so. A person who, regardless of the person's intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless the person defies a lawful order not to enter or remain, personally communicated to the person by the owner of the premises or some other authorized person." (HRS 708-800)

A license to be in the public part of a building is not a license to be in a part that is not open to the public. A "dwelling" is a building used or usually used for lodging, including connected parking and storage areas restricted to residents by signs or security devices.

Being told to leave

• Premises open to the public: a visitor keeps license and privilege unless they defy "a lawful order not to enter or remain, personally communicated" by the owner or another authorized person (HRS 708-800).
• Commercial premises: second-degree trespass covers entering or remaining unlawfully on commercial premises "after a reasonable warning or request to leave" by the owner, lessee, an authorized agent or a police officer. A reasonable warning or request means one "communicated in writing at any time within a one-year period inclusive of the date the incident occurred" stating that the person's presence is no longer desired for that year (HRS 708-814(1)(b)). The paragraph does not apply to conduct regulated by the National Labor Relations Act.
• Schools: first-degree trespass covers entering or remaining unlawfully on public or private school premises "after reasonable warning or request to leave by school authorities or a police officer," but no warning is needed between 10:00 p.m. and 5:00 a.m. (HRS 708-813(1)(c)).
• Parks: remaining in a public park or recreational ground after a law enforcement officer's request to leave, based on a violation of a posted term of use or a permit, is a petty misdemeanor (HRS 708-814.5).

Criminal trespass in the first degree (HRS 708-813)

First-degree trespass is a misdemeanor. A person commits it by:

• knowingly entering or remaining unlawfully in a dwelling, or in or upon the premises of a hotel or apartment building;
• knowingly entering or remaining unlawfully on premises "fenced or enclosed in a manner designed to exclude intruders" while in possession of a firearm; or
• entering or remaining unlawfully on public or private school premises after a warning, as described above.

Process servers and professional land surveyors have limited exceptions. Under Act 143, a misdemeanor that is not a crime of violence carries up to 364 days; the fine is up to $2,000.

Criminal trespass in the second degree (HRS 708-814)

Second-degree trespass is a petty misdemeanor, up to 30 days and a fine of up to $1,000. It covers:

• knowingly entering or remaining unlawfully on premises fenced or enclosed in a manner designed to exclude intruders;
• commercial premises after a written warning or request to leave, as described above;
• unimproved or unused land entered without permission when the land is fenced, enclosed or secured against the general public, or posted with signs; and
• signed, closed areas of a public housing project, or other signed housing-project property after a warning by the housing authority or law enforcement, even if a tenant invited the person (708-814(1)(d)).

Posting signs (no purple paint)

For unimproved or unused land, the signs must read "Private Property - No Trespassing, Government Property - No Trespassing, or a substantially similar message," and "shall contain letters no less than two inches in height and shall be placed at reasonable intervals no less than three signs to a mile along the boundary line of the land and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line" (HRS 708-814(1)(c)). Hawaii's trespass sections (708-813, 708-814, 708-814.5, 708-814.7, 708-815 and 708-823.2) contain no paint-mark provision; notice is by fencing, enclosure or signs.

Simple trespass and the beach-trail defense

"A person commits the offense of simple trespass if the person knowingly enters or remains unlawfully in or upon premises," and simple trespass is a violation (HRS 708-815): a fine of up to $1,000, no jail, and not a crime. Section 708-816 provides that "It is a defense to prosecution for trespass as a violation of sections 708-814 and 708-815 that the defendant entered upon and passed along or over established and well-defined roadways, pathways, or trails leading to public beaches over government lands, whether or not under lease to private persons," or acted in compliance with section 708-804 (albizia control).

State lands and public land enforcement

Criminal trespass onto state lands (HRS 708-814.7) covers improved state land closed to the public after an officer's request to leave, and posted state land not open to the public. It is a petty misdemeanor, and "No conviction under this section shall be used to establish a felony conviction under section 708-803." Under section 708-814.8, "When trespass involves public land, any state or county law enforcement officer may enforce the trespass laws of this part without regard to whether the land is owned by the State or by a county."

Trespass on agricultural land (HRS 708-823.2)

Act 235 of 2025 added criminal trespass on agricultural land. It covers entering or remaining unlawfully on agricultural land without permission when the land is fenced, enclosed or secured against intruders (including by a cattle grid or similar barrier), or when at the time of entry it is fallow, shows visible livestock-raising, or has a crop under cultivation, being harvested or harvested. It is a misdemeanor with mandatory minimums, "without possibility of probation or suspension of sentence":

• First offense (or none within five years of a previous conviction): at least 3 consecutive days in jail and a fine of at least $500.
• Within five years of a previous conviction: at least 30 days in jail and a fine of at least $1,000.
• Within five years of two or more previous convictions: at least 90 days in jail and a fine of $2,000.

The maximums are those for any misdemeanor: up to 364 days in jail if the offense is not a crime of violence (Act 143) and a fine of up to $2,000 (HRS 706-640(1)(d)).

"Any person who violates this section while in possession of a dangerous instrument shall be guilty of a class C felony" (HRS 708-823.2(4)).

Hunting on private land (HRS 183D-26)

Section 183D-26 bars entering land or premises held or occupied by another "for the purpose of hunting or to take any kind of wildlife including game" without first getting permission from the owner, occupier or holder or their agent, and a prosecution may be brought only on the sworn complaint of the owner, occupier or holder or an agent. Section 183D-27 separately bars taking or pursuing game birds, game mammals, wild birds or wild mammals at night on privately owned land, except as the department authorizes. Since Act 235 of 2025, a violation of either section that occurs on agricultural land is a class C felony, sentenced "without possibility of probation or suspension of sentence": for a first offense, a 5-year indeterminate term with a mandatory minimum of 180 days, or 4 years of probation that includes at least 180 days of imprisonment; for an offense within 10 years of a previous conviction, a 5-year indeterminate term with a mandatory minimum of 1 year (HRS 183D-5(d)). Under section 183D-5(g), a person convicted of violating any of the state's game laws immediately forfeits their hunting license, and a second conviction bars a hunting license for 3 years.

Abuse shelters

Knowingly entering or remaining unlawfully on the premises of a sex abuse, child abuse or spouse abuse shelter after a reasonable warning or request to leave by a member of the staff is a misdemeanor (HRS 708-816.5).

Felony entry offenses and burglary

• Unauthorized entry in a dwelling in the second degree (HRS 708-812.6). A person commits this offense "if the person intentionally or knowingly enters unlawfully into a dwelling and another person was lawfully present in the dwelling." It is a class C felony, up to 5 years and up to $10,000. The section provides an affirmative defense, reducing the offense to a misdemeanor, for a person who entered a social gathering of invited guests intending to join it and with no other unlawful intent.
• Unauthorized entry in a dwelling in the first degree (HRS 708-812.55). Intentionally or knowingly entering a dwelling unlawfully while another person is lawfully present who is 60 or older (when the age was known or reasonably should have been known), an incapacitated person, or a person with a developmental disability is a class B felony, up to 10 years and up to $25,000. The same social-gathering affirmative defense reduces the offense to a misdemeanor.
• Burglary (HRS 708-811). Entering or remaining unlawfully in a building "with intent to commit therein a crime against a person or against property rights" is burglary in the second degree, a class C felony.
• Habitual property crime (HRS 708-803). A person commits this class C felony by committing any offense in chapter 708, which includes criminal trespass, while a "habitual property crime perpetrator": a person who, within ten years, has chapter 708 convictions for "(a) Any combination of two felonies or misdemeanors; or (b) Any combination of either one felony or one misdemeanor and one petty misdemeanor; or (c) Three petty misdemeanors," for separate incidents on separate dates. Earlier misdemeanor and petty misdemeanor trespass convictions count toward that number, except a conviction for trespass onto state lands under 708-814.7; a simple trespass conviction is a violation, which none of the listed combinations includes. The sentence is an indeterminate 5-year term with a minimum of at least 1 year, or, for a first conviction only, 5 years of probation that includes 1 year of imprisonment (708-803(5)).

For how owners remove unauthorized occupants, see Hawaii squatters' rights. Questions about using force against a trespasser belong to self-defense law; see Hawaii self-defense laws.

Hawaii disorderly conduct and trespass penalties at a glance

Jail maximums come from HRS 706-663 (petty misdemeanor 30 days; misdemeanor 364 days under Act 143 unless the misdemeanor is a crime of violence, which may still carry up to one year) and HRS 706-660 (class B felony 10 years; class C felony 5 years); fine maximums come from HRS 706-640(1). For Hawaii's full felony and misdemeanor sentencing table, see Hawaii felony and misdemeanor classes.

Recent changes

• 2026, Act 143 (House Bill 1548, approved June 24, 2026, effective on approval). Added a new section to chapter 706 providing that any offense that is not a crime of violence and is punishable by up to one year "shall be punishable by a term of imprisonment not to exceed three hundred sixty-four days," and amended HRS 706-663 so a misdemeanor sentence is "not to exceed three hundred sixty-four days," with a proviso that "if the person has been convicted of a misdemeanor that is a crime of violence, the court may sentence the person to imprisonment for a definite term to be fixed by the court and not to exceed one year." Both use the definition of "crime of violence" in section 134-1. The new section also lets a person sentenced before the act for a misdemeanor that is not a crime of violence apply to the trial court to reconsider the sentence. The petty misdemeanor maximum of 30 days did not change. The Hawaii Revised Statutes website still shows the older one-year text of section 706-663.
• 2025, Act 235. Added criminal trespass on agricultural land, HRS 708-823.2, amended section 708-814, and amended sections 183D-5 and 183D-27 to make hunting without permission or night hunting on agricultural land a class C felony.
• 2023, Act 209 and Act 228. Act 209 amended sections 708-813 and 708-814; Act 228 added section 708-814.8 on enforcing trespass laws on public land.

Federal law separately governs conduct on federal property and at the U.S. Capitol; see the disorderly conduct and trespass laws by state hub.

Related Hawaii laws

• Disorderly conduct and trespass laws by state
• Hawaii noise ordinance laws
• Hawaii felony and misdemeanor classes
• Hawaii squatters' rights
• Hawaii self-defense laws
• Hawaii expungement laws
• How to charge someone with trespassing

This article provides general legal information about Hawaii's disorderly conduct, public-order and criminal trespass statutes as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Hawaii.

Last updated: 2026-10-18.

Frequently Asked Questions

What is disorderly conduct in Hawaii?

Under HRS 711-1101(1), a person commits disorderly conduct if, intending to cause physical inconvenience or alarm to the public or recklessly creating that risk, they fight or threaten, make unreasonable noise, use offensively coarse behavior or abusive language likely to provoke a violent response, create a hazardous or physically offensive condition, or obstruct someone in a public place to beg.

Is disorderly conduct a crime in Hawaii?

Usually not. Under HRS 711-1101(3) it is a violation, which section 701-107 says does not constitute a crime, punishable by a fine of up to $1,000. It is a petty misdemeanor, with up to 30 days in jail, if the person intends substantial harm or serious inconvenience or persists after a reasonable warning or request to desist.

Can you get disorderly conduct for swearing in Hawaii?

Section 711-1101(1)(c) covers subjecting another person to offensively coarse behavior or abusive language which is likely to provoke a violent response, and it also requires intent to cause physical inconvenience or alarm to the public or reckless creation of that risk.

What counts as unreasonable noise in Hawaii?

Under HRS 711-1101(2), noise is unreasonable if, considering the location and time of day or night, it is a gross deviation from what a law-abiding citizen would do, or if the person fails to heed a police officer's admonition that the noise is unreasonable and should be stopped or reduced. A renter, resident or owner-occupant who knowingly or negligently consents to unreasonable noise on the premises commits a noise violation.

What are the degrees of criminal trespass in Hawaii?

First degree (HRS 708-813) is a misdemeanor, with up to 364 days for an offense that is not a crime of violence since Act 143 of 2026. Second degree (708-814) is a petty misdemeanor, up to 30 days. Simple trespass (708-815) is a violation with a fine of up to $1,000.

Is trespassing a felony in Hawaii?

The three criminal trespass degrees are not felonies in themselves, but a trespass committed by a person with the listed number of prior property-crime convictions within ten years can be habitual property crime, a class C felony (HRS 708-803). Other felonies include unauthorized entry in a dwelling in the second degree (entering a dwelling unlawfully while someone is lawfully present, HRS 708-812.6), unauthorized entry in a dwelling in the first degree (a class B felony when the person present is 60 or older, incapacitated or has a developmental disability, 708-812.55), trespass on agricultural land while in possession of a dangerous instrument (708-823.2(4)), hunting without permission or night hunting on another's agricultural land (183D-5(d)), and burglary.

Does Hawaii have a purple paint law?

No. Hawaii's trespass sections give notice by fencing or enclosure or by signs. For unimproved or unused land, HRS 708-814(1)(c) requires signs reading Private Property - No Trespassing, Government Property - No Trespassing or similar, in letters at least 2 inches high, no fewer than three to a mile and at entering roads and trails.

What happens if a store tells you to leave in Hawaii?

A person in premises open to the public is there with license unless they defy a lawful order not to enter or remain, personally communicated by the owner or another authorized person (HRS 708-800). Remaining on commercial premises after a reasonable written warning or request to leave is second-degree trespass, a petty misdemeanor (708-814(1)(b)).