§710-1001 Forfeiture of property used as benefit or pecuniary benefit in the commission of an offense defined in this chapter.

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§710-1001 Forfeiture of property used as benefit or pecuniary benefit in the commission of an offense defined in this chapter. Any property offered, conferred, agreed to be conferred, or accepted as a benefit, pecuniary benefit, or compensation in the commission of an offense defined in this chapter is forfeited, subject to the requirements of chapter 712A, to the State. [L 1972, c 9, pt of §1; am L 1989, c 261, §21]

COMMENTARY ON §710-1001

This section is derived from the previous law on the forfeiture of bribery money.[1] Since this chapter deals with additional kindred offenses, e.g., compounding, giving and receiving unlawful compensation, giving and receiving improper gifts, unlawful assistance of a private interest, and obtaining unlawful assistance of a public servant, the forfeiture is expressed in general terms to cover all sections in which property is offered, conferred, agreed to be conferred, or accepted as a benefit, pecuniary benefit, or compensation in the commission of an offense defined in this chapter. The mere solicitation or agreement to accept property would not, of course, work a forfeiture.

The forfeiture is specifically made subject to the requirements of §701-119 which embodies a single procedure for the establishment of all forfeitures declared by the Penal Code. The procedure provides, as did the previous law,[2] for the protection of innocent owners of property which is involved in the commission of an offense.

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§710-1001 Commentary:

1. H.R.S. §725-8.

2. See id. §§725-8 to 725-11.