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Haw. Rev. Stat. § 706-620

Authority to withhold sentence of imprisonment

L 1972, c 9, pt of §1; am L 1986, c 314, §21; am L 1988, c 89, §2; am L 1990, c 67, §8; am L 1994, c 229, §1; am L 1996, c 197, §1; am L 2013, c 210, §1

A defendant who has been convicted of a crime may be sentenced to a term of probation unless:

(1) The crime is first or second degree murder or attempted first or second degree murder;

(2) The crime is a class A felony, except class A felonies defined in chapter 712, part IV, and by section 707‑702;

(3) The defendant is a repeat offender under section 706‑606.5;

(4) The defendant is a felony firearm offender as defined in section 706-660.1(2);

(5) The crime involved the death of or the infliction of serious or substantial bodily injury upon a child, an elder person, or a handicapped person under section 706-660.2; or

(6) The crime is cruelty to animals where ten or more pet animals were involved under section 711-1108.5 or 711‑1109.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.