In Hawaii, providing false information in official matters is a serious offense. The state’s laws are designed to uphold the integrity of government operations by imposing penalties for various forms of falsification. For anyone interacting with government agencies, it is helpful to understand these laws, the types of offenses, and their potential consequences.
What Constitutes Falsification in Hawaii
Falsification under Hawaii law centers on knowingly providing false information with the intent to mislead a public servant. A person must be aware that their statement is untrue and make it with the purpose of deceiving someone in an official capacity. For an act to be a criminal offense, the individual must have intended to mislead; the information cannot be merely inaccurate.
The Hawaii Revised Statutes clarify that this intent is a core component of falsification crimes, which do not punish simple mistakes made in good faith. The laws target deliberate deceit intended to subvert official processes. This can include oral statements, written documents, or the submission of false objects or specimens.
Types of Falsification Offenses in Hawaii
Hawaii law outlines several distinct falsification offenses. One of the most common is Unsworn Falsification to Authorities. This misdemeanor involves making a false written statement that one does not believe to be true in an application for a benefit or a legally required report.1Justia. Hawaii Revised Statutes § 710-1063 – Unsworn Falsification to Authorities It also covers submitting any writing or object known to be false to mislead a public servant.
Another offense is Tampering with Public Records. This law criminalizes knowingly making a government record false, presenting a known false record as genuine, or destroying or concealing government records.2Justia. Hawaii Revised Statutes § 710-1017 – Tampering with a Government Record This offense is also a misdemeanor, aimed at protecting the reliability of government records.
Other laws target specific fraudulent acts. For example, making a false claim for payment to the state can lead to civil penalties of more than $14,000 for each false claim, plus three times the damages the state incurs.3Justia. Hawaii Revised Statutes § 661-21 – Actions for False Claims to the State; Qui Tam Actions
Proving Falsification in Court
For the prosecution to secure a conviction, it must prove several elements beyond a reasonable doubt. The first is that a false statement was made, which involves presenting evidence that the information provided was factually incorrect.
The prosecution must also establish the defendant’s state of mind by demonstrating they knew the information was false when it was provided. This element prevents individuals from being convicted for honest mistakes. Evidence of this knowledge can be direct or circumstantial.
Finally, the prosecutor must prove the defendant had the specific intent to mislead a public servant. The false information must also be material, meaning it had the potential to influence the decision-making process of the official. The burden of proving all these elements rests entirely on the prosecution.
Penalties for Falsification in Hawaii
Penalties for falsification in Hawaii vary depending on the offense. Many falsification crimes, such as Unsworn Falsification to Authorities and Tampering with Government Records, are classified as misdemeanors. A misdemeanor conviction can result in up to one year in jail and a fine of up to $2,000.4Justia. Hawaii Revised Statutes § 706-663 – Sentence of Imprisonment for Misdemeanor and Petty Misdemeanor
More serious offenses are graded as felonies. For example, some forms of forgery are Class C felonies, punishable by up to five years in prison and a fine of up to $10,000. Forgery that defrauds the government can be elevated to a Class B felony, carrying a potential sentence of up to ten years in prison and a $25,000 fine.5Justia. Hawaii Revised Statutes § 708-851 – Forgery in the First Degree
Beyond fines and imprisonment, a conviction can lead to other consequences. A judge may order probation, and a criminal record can damage one’s reputation and create difficulties with employment or professional licensing.
Responding to Falsification Accusations
Facing a falsification accusation in Hawaii requires a careful response. The first step is to seek legal advice from a qualified criminal defense attorney who can explain the specific charges, potential penalties, and available legal options.
It is advisable to exercise the right to remain silent and avoid making any statements to law enforcement without legal counsel present. Anything said can be used by the prosecution in court. An attorney can act as a barrier between you and investigators, ensuring your rights are protected.
Falsification charges often hinge on nuanced issues of knowledge and intent. A lawyer can analyze the evidence, identify potential defenses, and negotiate with the prosecution. Given the potential for significant penalties, obtaining professional legal guidance is important.