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Haw. Rev. Stat. § 708-852

Forgery in the second degree

Applied in 4 court decisions — leading case State v. Baker (1974)

Most recently applied in State v. Garcia. (October 2022)

L 1972, c 9, pt of §1; am L 1988, c 155, §3; gen ch 1992; am L 1997, c 243, §3; am L 2021, c 147, §7

How often courts cite this section

19741980199020002010202210
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A person commits the offense of forgery in the second degree if, with intent to defraud, the person:

(a) Falsely makes, completes, endorses, or alters a written instrument, or utters a forged instrument, or fraudulently encodes the magnetic ink character recognition numbers, which is or purports to be, or which is calculated to become or to represent if completed, a deed, will, codicil, contract, assignment, commercial instrument, or other instrument which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status; or

(b) Falsely makes, completes, endorses, or alters a written instrument, or utters a forged instrument; and:

(i) The purported maker or drawer of the written instrument or forged instrument is a person who is sixty years of age or older; and

(ii) The age of purported maker or drawer of the written instrument or forged instrument is known or reasonably should be known to the person who falsely makes, completes, endorses, or alters a written instrument; or utters a forged instrument.

(2) Forgery in the second degree is a class C felony.

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