HAR §7-2-2. Offenses punishable under section 124A-21, HRS

(a) The individual shall have committed an offense in violation of chapter 124A, HRS, or chapter 7-9. (b) The Offense committed shall also be of a minor nature, as "judicial" methods of dealing with criminal activity (for example, arrest and imprisonment) are not available in non-judicial punishment. The nature of the offense and the circumstances surrounding its commission are among the factors which shall be considered in determining whether or not the offense is minor in nature. Generally, the term "minor" includes misconduct not involving any greater degree of criminality than is involved in the average offense tried by a summary court-martial. (c) Due regard shall be given to the personal history of the offender in determining whether to use the provisions of section. [Eff: FEB 11 1985] (Auth: HRS §§124A-21, 124A-171) (Imp: HRS §124A-21) BACK TO TOP