Hawaii Identity Theft Laws: Three Degrees, Felony Classes, and Reporting

Hawaii is unusual among states in tying its identity theft penalty directly to the seriousness of the crime the thief intended to facilitate with the stolen information. The law splits into three degrees, from a Class A felony down to a Class C felony. At the top, the statute names a specific list of serious offenses; for the lower two degrees, the line is drawn by the degree of the intended theft, and Hawaii's theft degrees turn largely on the value involved. This article covers Hawaii's three-degree structure, its protected-consumer credit freeze statute, general restitution rights, and how the federal identity theft framework applies to Hawaii residents.

This page addresses Hawaii law specifically. For the federal reporting process, the FTC's free recovery tool, and the credit-freeze and fraud-alert rights available nationwide, see our identity theft laws hub and our guide to how to report identity theft.

Hawaii's Three-Degree Identity Theft Structure

Hawaii's identity theft statute, Haw. Rev. Stat. §§ 708-839.6 through 708-839.8, commits the same basic conduct to three different degrees depending on what crime the thief intended to facilitate. All three degrees share the same conduct element: transmitting another person's personal information, whether orally, in writing, or electronically, with intent to facilitate a specific underlying offense.

Identity theft in the first degree, a Class A felony under § 708-839.6, applies when the information is transmitted with intent to facilitate one of the offenses the statute enumerates: murder in any degree, a Class A felony, kidnapping, unlawful imprisonment in any degree, extortion in any degree, an offense under chapter 134, which is Hawaii's firearms chapter, criminal property damage in the first or second degree, escape in any degree, an offense under part VI of chapter 710, which covers offenses related to judicial and other proceedings, riot under § 711-1103, or an offense under chapter 842. The same first-degree charge also applies where the intent was to commit theft in the first degree from the person whose information was misused or from any other person or entity.

Identity theft in the second degree, a Class B felony under § 708-839.7, involves the same transmission conduct, but with intent to commit second-degree theft rather than one of the enumerated offenses or first-degree theft. A case note attached to this second-degree statute confirms that transmitting information about a fictitious person does not satisfy the conduct element: where a defendant did not transmit the personal information of an actual person, the defendant did not satisfy the conduct element and could not be convicted of identity theft in the second degree. Identity theft in the third degree, a Class C felony under § 708-839.8, involves the same conduct with intent to commit third- or fourth-degree theft. A Hawaii court has clarified that third-degree identity theft does not require the thief to actually impersonate the victim, only that they transmitted the victim's real information with the required intent to facilitate a theft.

That is where dollar value re-enters the analysis. The identity theft statute never states a dollar figure of its own, but Hawaii's theft degrees are themselves largely value-based: theft in the first degree covers property or services worth more than $20,000, theft in the second degree covers property or services worth more than $750, theft in the third degree covers more than $250, and theft in the fourth degree covers anything not in excess of $250. So the line between a Class B and a Class C identity theft charge does substantially track the value of the theft the defendant intended, because that value is usually what sets the degree of the underlying theft. Value is not the only route, though. Each theft degree also has non-value triggers, such as theft of a firearm or a motor vehicle for first-degree theft, or theft of property directly from the person of another for second-degree theft.

Restitution for Identity Theft Victims

Hawaii does not have an identity-theft-specific restitution statute, but its general criminal restitution law, Haw. Rev. Stat. § 706-646, applies to any identity theft conviction. The statute requires courts to order a defendant to compensate victims for "reasonable and verified losses" when requested, covering property replacement or repair, medical and mental-health expenses, funeral and burial costs, and lost earnings including paid leave. The statute defines "victim" broadly, including surviving relatives and government entities seeking reimbursement, and bars a court from using a defendant's inability to pay to reduce the restitution amount itself, though it can affect the timing and manner of payment. The statute also coordinates with Hawaii's crime-victim-compensation program to prevent a victim from being paid twice for the same loss.

Security Freeze for Minors and Protected Consumers

Hawaii has a dedicated state security freeze law for children and other protected consumers. Haw. Rev. Stat. § 489P-3.5 requires a consumer credit reporting agency to place a security freeze on a protected consumer's credit report when that person's representative requests one, submits the request to the address the agency specifies, and provides sufficient proof of the protected consumer's and the representative's identity along with sufficient proof of authority to act. If the agency has no credit file for the protected consumer, which is the normal situation for a young child, it must create a record and freeze that instead. The agency has thirty days to place the freeze, and it may not charge a fee for placing or removing one for a protected consumer.

The statute defines a protected consumer as an individual who is under the age of sixteen at the time the request is made, or who is incapacitated or has a court-appointed guardian or conservator. The freeze stays in place until the protected consumer or the representative asks for it to be removed, at which point the agency has thirty business days to lift it. An agency may also remove a freeze or delete a record if it was created based on a material misrepresentation of fact. Hawaii enacted this section in 2017 and amended it in 2018.

Hawaii families also have the federal minors' and protected-consumers' freeze right under 15 U.S.C. § 1681c-1(j), added in 2018, which guarantees a free freeze for anyone under 16 nationwide. In practice a parent can rely on either route, and the credit bureaus handle both through the same protected-consumer freeze process.

Reporting Identity Theft in Hawaii

Unlike most states, consumer protection in Hawaii sits under the Department of Commerce and Consumer Affairs rather than the Attorney General. The DCCA's Office of Consumer Protection identity theft page functions largely as a gateway to federal resources: it directs residents to IdentityTheft.gov as "the federal government's one-stop resource to help you report and recover from identity theft," without describing a dedicated Hawaii state hotline or victim-assistance program. DCCA's general Consumer Resource Center complaint line, for consumer issues broadly rather than identity theft specifically, is 1-844-808-DCCA (3222). For a scam rather than identity theft alone, our guide to Hawaii scam and fraud laws sets out where Hawaii residents can report it and when they can sue a business that deceived them.

Federal Protections That Apply in Hawaii

Because Hawaii's own state resources point residents toward the federal system for most of the practical reporting and recovery process, the federal identity theft framework carries even more weight for Hawaii residents than in some other states. Under FCRA section 605B (15 U.S.C. § 1681c-2), a victim who submits an identity theft report can have a credit reporting agency block fraudulent information from their credit file. Under 15 U.S.C. § 1681c-1, every consumer nationwide has had the right to a free security freeze and to one-year or seven-year extended fraud alerts since a 2018 federal law made freezes free in every state. IdentityTheft.gov provides a free FTC Identity Theft Report, a personalized recovery plan, and pre-filled dispute letters. For the full mechanics of freezes, fraud alerts, and the FTC reporting process, see our how to report identity theft and credit freeze vs. fraud alert guides.

Information last verified on 2026-09-02, drawn directly from the Hawaii Revised Statutes and the Department of Commerce and Consumer Affairs. This article has not yet been reviewed by a licensed lawyer and is general legal information, not legal advice for your specific situation.

Related Resources

• Identity Theft Laws: Federal Rules and State Penalties
• How to Report Identity Theft
• Credit Freeze vs. Fraud Alert

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Last updated: 2026-09-02.

Frequently Asked Questions

What degree of felony is identity theft in Hawaii?

It depends on the seriousness of the crime the stolen information was meant to facilitate. First-degree identity theft is a Class A felony, second-degree is a Class B felony, and third-degree is a Class C felony. The identity theft statute names no dollar figure of its own, but where the intended crime is a theft, the degree of that theft, which turns largely on value, is what sets the identity theft degree.

Do I have to actually impersonate someone to be charged with identity theft in Hawaii?

No, for third-degree identity theft. A Hawaii court has clarified that the offense only requires transmitting the victim's real personal information with intent to facilitate a theft, not actual impersonation.

Can identity theft charges apply if the victim does not really exist?

No, at least for second-degree identity theft. Hawaii's second-degree statute has been interpreted to require a real victim. Transmitting information about a fictitious person does not satisfy that offense's conduct element.

Can I get restitution as an identity theft victim in Hawaii?

Yes, under Hawaii's general crime-victim restitution statute, section 706-646, which requires courts to order compensation for reasonable and verified losses, including lost earnings, for any crime, including identity theft.

Does Hawaii have its own law letting me freeze my child's credit?

Yes. Haw. Rev. Stat. section 489P-3.5 requires a consumer credit reporting agency to place a free security freeze for a protected consumer, meaning someone under the age of sixteen or a person who is incapacitated or has a court-appointed guardian or conservator, when that person's representative requests it with sufficient proof of identity and of authority to act. The agency has thirty days to place the freeze and cannot charge for placing or removing it. Hawaii residents also have the federal minors' freeze right under 15 U.S.C. section 1681c-1(j).

Where do I report identity theft in Hawaii?

File a police report, then use the Hawaii Department of Commerce and Consumer Affairs' Office of Consumer Protection resources, which largely direct residents to the federal system at IdentityTheft.gov for the formal reporting and recovery process.