§142-12 Penalties.

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§142-12 Penalties.

(a)Any person violating any provision of this chapter or any rule adopted pursuant to this chapter that is designated as a petty misdemeanor shall be sentenced as follows:

(1)For the first offense, or any offense not preceded within a five-year period by an offense under the same section, a fine of not less than $250 or imprisonment of thirty days or less, but not less than three consecutive days, or both;

(2)For an offense that occurs within five years of a previous conviction for an offense under the same section, a fine of not less than $500 or imprisonment of thirty days or less, but not less than ten days, or both; and

(3)For an offense that occurs within five years of two or more previous convictions for offenses under the same section, a fine of $1,000 or imprisonment of thirty days, or both.

(b)Any person violating any provision of this chapter or any rule adopted pursuant to this chapter that is designated as a misdemeanor shall be sentenced as follows:

(1)For the first offense, or any offense not preceded within a five-year period by an offense under the same section, a fine of not less than $500 or imprisonment of one year or less, but not less than five consecutive days, or both;

(2)For an offense that occurs within five years of a previous conviction for an offense under the same section, a fine of not less than $1,000 or imprisonment of one year or less, but not less than thirty days, or both; and

(3)For an offense that occurs within five years of two or more previous convictions for offenses under the same section, a fine of $2,000 or imprisonment of one year, or both.

(c)Any provision of this chapter or any rule adopted pursuant to this chapter that is not specifically designated as a petty misdemeanor, misdemeanor, or felony, shall be enforced via civil or administrative means.

(d)Any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit a violation of this chapter, or that facilitated or assisted the activity, and any proceeds or other property acquired or maintained with the proceeds from a violation of this chapter may be ordered forfeited to the State, subject to the requirements of chapter 712A. [L 1882, c 34, §8; am L 1903, c 8, §1; RL 1925, §621; RL 1935, §216; RL 1945, §1066; RL 1955, §20-13; am L Sp 1959 2d, c 1, §22; am L 1961, c 132, §2; HRS §142-12; am L 1972, c 86, §2; am L 1983, c 130, §1; am L 1986, c 262, §1 ; am L 2025, c 235, §12]

Note

L 2025, c 236, §17 purports to amend this section.