Hawaii Theft Laws: Felony Threshold, Degrees and Shoplifting (2026)

In Hawaii, theft becomes a felony when the property or services have a value that "exceeds $750": that is theft in the second degree, a class C felony under Hawaii Revised Statutes (HRS) 708-831. Theft of more than $250 up to that line is a misdemeanor, theft of $250 or less is a petty misdemeanor, and theft of more than $20,000 is a class B felony. Several kinds of property, including a purse or wallet, a firearm and a car, make a theft a felony regardless of value. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Hawaii state theft law in HRS Chapter 708 (sections 708-801, 708-803 and Part IV, sections 708-830 through 708-839.9), the sentencing sections HRS 706-606.5, 706-640, 706-660, 706-661, 706-662 and 706-663, the civil shoplifting statute, HRS 663A-2, credit card theft (HRS 708-8102), and, only where it reaches store theft, burglary in the second degree and burglary of a building during an emergency period (HRS 708-811 and 708-818, with the definition in 708-800). It does not cover federal theft offenses, county ordinances, robbery, burglary generally, or identity theft and fraud schemes, which have their own pages linked below.

What counts as theft in Hawaii

Hawaii folds the old separate crimes of larceny, embezzlement, false pretenses and receiving stolen goods into one offense. Under HRS 708-830, "A person commits theft if the person does any of the following," and the section then lists eight forms:

1. Obtaining or exerting unauthorized control over another's property "with intent to deprive the other of the property";
2. Obtaining property through deception;
3. Keeping lost, mislaid or misdelivered property without taking "reasonable measures to discover and notify the owner";
4. Obtaining services by deception, false token "or other means to avoid payment for the services";
5. Diverting services the person controls but is not entitled to;
6. Failing to make a required payment or disposition of funds received under an agreement or legal obligation;
7. Receiving stolen property: a person "intentionally receives, retains, or disposes of the property of another, knowing that it has been stolen, with intent to deprive the owner of the property"; and
8. Shoplifting.

Which degree applies then depends on the value and the kind of property, under HRS 708-830.5 through 708-833.

Hawaii theft penalties by degree

The jail and prison terms come from HRS 706-663 and HRS 706-660. Act 143, Session Laws 2026, which took effect upon its approval on June 24, 2026, amended 706-663 so a misdemeanor term is "not to exceed three hundred sixty-four days in the case of a misdemeanor or thirty days in the case of a petty misdemeanor; provided that if the person has been convicted of a misdemeanor that is a crime of violence," the term may not "exceed one year." "Crime of violence" has the meaning in HRS 134-1, which covers an offense that has as an element "injury or threat of injury to the person of another" or the "use, attempted use, or threatened use of physical force against the person or property of another." Under HRS 706-660, a court sentencing a felony to an indeterminate term "shall impose the maximum length of imprisonment," which is "ten years" for a class B felony and "five years" for a class C felony, with the minimum term set by the Hawaii paroling authority. The fines come from HRS 706-640(1).

These are the ordinary statutory ranges, not a prediction of any sentence, and several statutes can push them higher:

• Fines above the table. HRS 706-640(1) also authorizes "Any higher amount equal to double the pecuniary gain derived from the offense by the defendant" and "Any higher or lower amount specifically authorized by statute."
• Receiving stolen property. For theft in the first or second degree committed by receiving stolen property, the court "shall impose a mandatory fine": "the greater of double the value of the stolen property received or $25,000" for first degree, or "the greater of double the value of the stolen property received or $10,000" for second degree (HRS 706-640(2)).
• Repeat felony offenders. HRS 706-606.5 sets mandatory minimum prison terms without parole for a person convicted of any class B felony, or of listed class C felonies that include theft in the second degree (708-831), theft of livestock (708-835.5) and unauthorized control of a propelled vehicle in the first degree (708-836), who has a qualifying prior felony conviction. With one prior felony, the minimum is "three years, four months" for a class B felony and "one year, eight months" for a listed class C felony, rising with two and three or more priors, subject to look-back periods in subsection (3). The court "may impose a lesser mandatory minimum period" where it "finds that strong mitigating circumstances warrant the action."
• Repeat misdemeanor theft and shoplifting. A person convicted of theft in the third degree or misdemeanor shoplifting "who has been convicted of any of the offenses enumerated above on at least three prior and separate occasions within three years of the date of the commission of the present offense, shall be sentenced to no less than nine months of imprisonment" (HRS 706-606.5(5)).
• Extended terms. Under HRS 706-661 and 706-662, if it is "proven beyond a reasonable doubt that an extended term of imprisonment is necessary for the protection of the public" and a listed criterion applies (for example, a "persistent offender" with two or more prior felonies committed at different times at age 21 or older), the maximum becomes an indeterminate twenty-year term for a class B felony and a ten-year term for a class C felony.

Thefts that are felonies regardless of value

Theft in the first degree (class B felony) under HRS 708-830.5(1) includes theft of:

• "A firearm";
• "Dynamite or other explosive";
• Property or services during a governor's or mayor's emergency proclamation, within the covered area, "the value of which exceeds $300";
• "Property from the person of another who is sixty years of age or older";
• Property or services "the value of which exceeds $750, from a person who is sixty years of age or older"; and
• "A motor vehicle or motorcycle as defined in section 291C-1."

For both senior-victim provisions, "the age of the property owner is known or reasonably should be known to the person who commits theft."

Theft in the second degree (class C felony) under HRS 708-831(1) includes theft of:

• "Property from the person of another";
• "Property commonly used to store items of monetary value, including but not limited to any purse, handbag, or wallet";
• Property or services "the value of which exceeds $250, from a person who is sixty years of age or older," with the same knowledge requirement;
• "An electric gun as defined in section 134-81";
• An aquacultural product from premises that are fenced or enclosed or posted with "Private Property", "No Trespassing" or similar signs;
• Agricultural equipment, supplies or products worth more than $100 but not more than $20,000, or agricultural products over twenty-five pounds, from fenced, enclosed, secured or posted premises, or premises where a crop is visible at the point of entry; and
• "Agricultural commodities that are generally known to be marketed for commercial purposes."

For a first offense of aquacultural or agricultural theft under 708-831(1)(c) and (d), "the court may impose a minimum sentence of a fine of at least $1,000 or two-fold damages sustained by the victim, whichever is greater" (HRS 708-831(2)). When anyone is sentenced for theft of an agricultural product or commodity in any degree, HRS 708-835.55 also requires payment to the owner of the product's value and "The cost of replanting the agricultural product or commodity."

How value is measured and added together

Under HRS 708-801(1), value "means the market value of the property or services at the time and place of the offense, or the replacement cost if the market value of the property or services cannot be determined." A check or note is valued at "the amount due or collectible thereon" (708-801(2)(a)). Three more rules can change the degree:

• Unknown value. When property "have value but that value cannot be ascertained," the value "shall be deemed to be an amount not exceeding $100" (708-801(3)).
• Belief about value. Where the offense requires acting intentionally or knowingly about value, "it is a defense, which reduces the class or grade of the offense to a class or grade of offense consistent with the defendant's state of mind, that the defendant believed the valuation of the property or services to be less" (708-801(5)).
• Aggregation. "Amounts involved in thefts committed pursuant to one scheme or course of conduct, whether the property taken be of one person or several persons, may be aggregated in determining the class or grade of the offense" (708-801(6)).

Habitual property crime

Hawaii's theft degree statutes do not rise with prior convictions; repeat theft is handled by a separate offense. Under HRS 708-803, a person commits habitual property crime if the person is a "habitual property crime perpetrator and commits a property crime." A habitual property crime perpetrator is a person who, "within ten years of the instant offense, has convictions for offenses within this chapter 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." The convictions "shall be for separate incidents on separate dates."

Habitual property crime is a class C felony, and the sentence "shall be either: (a) An indeterminate term of imprisonment of five years; provided that the minimum term of imprisonment shall be not less than one year; or (b) A term of probation of five years, with conditions to include but not be limited to one year of imprisonment; provided that probation shall only be available for a first conviction under this section" (HRS 708-803(4), (5)). Because any offense in Chapter 708 counts as a "property crime," a new petty theft can carry this felony charge for a person with enough recent priors.

Shoplifting in Hawaii

Shoplifting is one of the forms of theft in HRS 708-830, not a separate crime with its own value tiers. Under 708-830(8), a person shoplifts if the person, "with intent to defraud," conceals or takes possession of a store's goods or merchandise, alters "the price tag or other price marking," or transfers goods "from one container to another." The section adds that "The unaltered price or name tag or other marking on goods or merchandise, duly identified photographs or photocopies thereof, or printed register receipts shall be prima facie evidence of value and ownership."

Store theft is therefore graded by the same degrees as any theft: a petty misdemeanor at $250 or less, a misdemeanor over $250, a class C felony over $750, and a class B felony over $20,000. Repeated shoplifting under one scheme or course of conduct may be aggregated under 708-801(6).

Burglary can also reach store theft, but only in narrow circumstances. Burglary in the second degree, a class C felony, applies when a person "intentionally enters or remains unlawfully in a building with intent to commit therein a crime against a person or against property rights" (HRS 708-811), and under HRS 708-800 a person who enters 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." That license does not extend to a part of the building that is not open to the public. During an emergency period proclaimed by the governor or mayor, intentionally entering or remaining unlawfully "in a building other than a dwelling with intent to commit therein a crime against a person or against property rights," within the area covered by the emergency period, is burglary of a building during an emergency period, a class B felony (HRS 708-818). Burglary is otherwise outside the scope of this page.

Minimum fines for shoplifting

HRS 708-833.5 adds mandatory minimum fines on a shoplifting conviction:

If the person "defaults in payment of any fine, and the default was not contumacious, the court may sentence the person to community services as authorized by section 706-605(1)(d)" (HRS 708-833.5(4)). The statute sets these minimums; it does not say what overall sentence a court will impose.

Hawaii's property-crimes chapter, HRS Chapter 708, has no separate organized retail theft section.

Civil penalties: can a store make you pay after shoplifting?

HRS 663A-2(a) makes any person who takes merchandise "with the intention of converting such merchandise to the individual's own use without having paid the purchase price thereof," who alters the price indicia, "or who takes any other action that constitutes the offense of shoplifting," civilly liable to the store owner for either:

1. "Actual damages and a civil penalty of $75, if a written demand is made pursuant to subsection (e), for the actual damages and this civil penalty"; or
2. "Actual damages, a civil penalty of $75, and an additional civil penalty of not less than $50 nor more than $500, to recover the costs and expenses of bringing a civil suit, as determined by the court."

The rest of the section:

• No conviction needed. "A conviction for theft under section 708-830 to 708-833 is not a condition precedent to the maintenance of a civil action under this section" (663A-2(b)).
• Parents and minors. The liability "is not limited by another law that limits liability of parents or minor children" (663A-2(c)).
• Court. The store may sue in any court of competent jurisdiction, "including the small claims division of a district court" (663A-2(d)).
• Written demand. The store may "demand, in writing, prior to the commencement of any legal action," that the person pay the damages and the civil penalty (663A-2(e)).
• Assignment. "Judgments, but not claims, arising under this section may be assigned" (663A-2(f)).

This $75 civil penalty is separate from the criminal minimum fines in HRS 708-833.5. The statute sets what a store can recover; it does not say how a particular demand letter should be answered. A lawyer licensed in Hawaii can advise on a specific letter.

Other theft offenses with their own grades

HRS Chapter 708 also contains theft-type offenses that set their own grade instead of following the degree tiers:

Recent changes to Hawaii theft law

• Misdemeanor jail cap (2026). Act 143, Session Laws 2026, which took effect upon its approval on June 24, 2026, lowered the maximum jail term for a misdemeanor that is not a crime of violence under HRS 134-1 from one year to 364 days (HRS 706-663).
• Motor vehicles (2022). Act 54, Session Laws 2022, added theft of "a motor vehicle or motorcycle" to theft in the first degree, a class B felony.
• Electric guns (2022). Act 52, Session Laws 2022, made theft of an electric gun theft in the second degree regardless of value.
• Senior victims (2021). Act 147, Session Laws 2021, added the first-degree and second-degree provisions for victims sixty years of age or older.
• Purses and wallets (2021). Act 5, Session Laws 2021, made theft of a purse, handbag, wallet or similar property theft in the second degree.
• Higher thresholds (2016). Act 231, Session Laws 2016, raised the dollar lines in HRS 708-831, 708-832 and 708-833, setting the felony line at value that exceeds $750 (from $300) and the misdemeanor line at value that exceeds $250 (from $100), effective July 1, 2016. The same act extended the habitual property crime look-back to ten years.

Related legal issues

Theft by deception overlaps with fraud and scams, covered in Hawaii scam and fraud laws. Identity theft in the first, second and third degrees (HRS 708-839.6 to 708-839.8) is covered in Hawaii identity theft laws. Whether a theft arrest or conviction record can be cleared is covered in Hawaii expungement laws, and time limits for bringing charges are in our guide to the Hawaii statute of limitations.

Federal theft offenses are covered on our theft laws by state hub.

Related

• Theft laws by state
• Hawaii scam and fraud laws
• Hawaii identity theft laws
• Hawaii expungement laws
• Hawaii statute of limitations

This page provides general legal information about Hawaii theft statutes as of October 13, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Hawaii.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft amount in Hawaii?

Theft is a class C felony, theft in the second degree, when the property or services have a value that exceeds $750 (HRS 708-831(1)(b)). Above $20,000 it is theft in the first degree, a class B felony (HRS 708-830.5).

Is stealing $750 a felony in Hawaii?

No, not on value alone. HRS 708-831 uses the words exceeds $750, so theft of exactly $750 is theft in the third degree, a misdemeanor, unless another second-degree rule applies, such as taking property from the person or taking a purse or wallet.

What is petty theft in Hawaii?

Hawaii's statutes do not use the term petty theft. Theft of property or services of any value not in excess of $250 is theft in the fourth degree, a petty misdemeanor punishable by up to 30 days in jail and a fine of up to $1,000 (HRS 708-833, 706-663, 706-640).

Is shoplifting a felony in Hawaii?

Shoplifting is graded like any other theft, so it is a class C felony when the merchandise is worth more than $750. It can also be charged as burglary in the second degree, a class C felony, if the person entered or remained unlawfully, for example after defying a personally communicated order not to enter, or in an area not open to the public (HRS 708-811, 708-800); during a proclaimed emergency period, unlawful entry into a building other than a dwelling is a class B felony (HRS 708-818). On conviction, HRS 708-833.5 sets a minimum fine of four times the value for a class C felony, three times for a misdemeanor and twice for a petty misdemeanor, doubled for a person with a prior shoplifting conviction.

Is stealing a car a felony in Hawaii?

Yes. Theft of a motor vehicle or motorcycle is theft in the first degree, a class B felony, regardless of value (HRS 708-830.5(1)(g)). Operating another person's vehicle without consent is also a separate class C felony, unauthorized control of a propelled vehicle in the first degree (HRS 708-836).

Can a store in Hawaii make me pay for shoplifting without a conviction?

HRS 663A-2 makes a person who shoplifts civilly liable for actual damages and a $75 civil penalty, plus an additional $50 to $500 if the store has to sue. A theft conviction is not a condition precedent, and the store may demand payment in writing before suing.

What is habitual property crime in Hawaii?

It is a class C felony under HRS 708-803 for a person who commits a property crime after having, within ten years, two felony or misdemeanor convictions, one of those plus a petty misdemeanor, or three petty misdemeanors under Chapter 708. The sentence is a five-year indeterminate term with a minimum of at least one year, or, for a first conviction only, five years of probation including one year of imprisonment.