What is a Second Degree Felony in Hawaii?

In Hawaii, the penal code (HI Rev Stat § 701-107) grades crimes into distinct levels to reflect their relative severity and ensure fair sentencing. Within this framework, the code generally uses the term 'second-degree felony' to refer to serious crimes. These offenses carry substantial penalties, yet they are not ranked as high as Class A felonies or first-degree murder, and are significantly more serious than Class C felonies and misdemeanors.

Robbery in the second degree, a Class B felony (HI Rev Stat § 708-841), defined as using force or threatening the imminent use of force during a theft, is an example of a second-degree felony. This is less severe than robbery in the first degree, which is a Class A felony involving a dangerous instrument or serious bodily injury.

The classification of crimes helps define their seriousness and potential penalties. The legal framework for these classifications is primarily outlined in HI Rev Stat § 701-107 and HI Rev Stat § 706-610 of the Hawaii Penal Code. Researchers interested in learning more about the various types of crime can refer to the comprehensive Hawaii penal code.

Which Crimes Are Considered Second Degree Felonies in Hawaii?

In Hawaii, crimes are considered to be "second-degree felonies" when they fall under the classification of Class B felonies. The following list outlines some of the offenses generally recognized as second-degree felonies under state law:

• Murder in the second degree (HI Rev Stat § 707-701.5)
• Attempted murder in the second degree (HI Rev Stat § 705-500)
• Assault in the first degree (HI Rev Stat § 707-710)
• Kidnapping – reduced to a Class B felony if the defendant voluntarily releases the victim alive and unharmed before trial (HI Rev Stat § 707-720)
• Sexual Assault in the second degree (HI Rev Stat § 707-731)
• Extortion in the first degree (HI Rev Stat § 707-765)
• Theft in the first degree (HI Rev Stat § 708-830.5)
• Robbery in the second degree (HI Rev Stat § 708-841)
• Arson in the second degree (HI Rev Stat § 708-8252)
• Promoting child abuse in the second degree (HI Rev Stat § 707-751)
• Labor trafficking in the second degree (HI Rev Stat § 707-782)
• Identity theft in the second degree (HI Rev Stat § 708-839.7)
• Computer fraud in the second degree (HI Rev Stat § 708-891.5)
• Unauthorized computer access in the second degree (HI Rev Stat § 708-895.6)
• Promoting prostitution in the second degree (HI Rev Stat § 712-1203)
• Promoting a dangerous drug in the second degree (HI Rev Stat § 712-1242)
• Promoting a harmful drug in the second degree (HI Rev Stat § 712-1245)

This wide range of crimes shows that second-degree felonies in Hawaii are not confined to one type of misconduct. They cover everything from violent attacks to complex financial crimes. The state groups them under the second-degree felony category because each represents a serious threat to public safety, social order, or personal well-being.

What is Second Degree Murder and How is it Classified in Hawaii?

Second-degree murder ranks among the most serious crimes in Hawaii’s legal system. State law defines this offense as intentionally or knowingly causing the death of another person, unless the conduct meets the stricter criteria for first-degree murder, which includes specific aggravating circumstances such as killing multiple victims or targeting officials. In practical terms, this classification means the defendant acted with deliberate purpose or full awareness that their actions would almost certainly cause another person’s death.

For classification purposes, murder in the second degree is explicitly designated as a felony. It is not categorized as a Class A, B, or C felony, but rather has its own distinct sentencing provisions under HI Rev Stat § 706-656. Second-degree murder differs from other homicide offenses in Hawaii, like first-degree murder and manslaughter. First-degree murder, intentionally or knowingly causing the death of another person, includes specific aggravating circumstances, like killing multiple people, a law enforcement officer, a judge, or a witness in a family court proceeding. Also, manslaughter differs from second-degree murder as it applies when a person acts recklessly or under extreme emotional disturbance.

Hawaii Second Degree Felonies Penalties and Punishments

The penalties for second-degree felonies in Hawaii can vary widely depending on the nature of the offense, the surrounding circumstances, the defendant’s prior convictions, and other factors considered by the court. It's important to note that the court determines sentencing, and prison terms may be reevaluated by the Hawaii Paroling Authority, allowing for a degree of flexibility.

Below are the common Second-Degree Felonies and Penalties:

Are Second Degree Felony Records Public in Hawaii?

Yes. In Hawaii, second-degree felony conviction records are considered public information. The Uniform Information Practices Act (UIPA) makes most conviction records available through the courts and online databases. This openness allows employers, landlords, and members of the public to access information when conducting background checks.

However, restrictions apply in certain cases. For example, records might be sealed if they involve juveniles or sensitive matters like mental health acquittals. Also, non-conviction arrests can become confidential after expungement, keeping them out of public view. Hawaii differs from some states by limiting public access to expunged non-convictions, while keeping most felony convictions open indefinitely. This framework promotes transparency in the justice system but protects privacy where no guilt exists.

How to Access Second Degree Felony Court Records in Hawaii

Individuals seeking second-degree felony court records in Hawaii can access them through the State Judiciary online resources or interact directly with the specific court that handled the case.

• Online Search: The Judiciary's eCourt Kokua system covers district court cases and circuit court matters, where most felonies land. Users may visit the portal and select the appropriate portal, and search by name, case number, or date. They are required to register for full access, but basic searches often run free.
• Courthouse Search: In-Person Requests: People may also visit the courthouse where the case was filed. At the clerk’s office, they can fill out a request form, present identification, and pay small fees (usually about $1 per page).

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. In Hawaii, second-degree felony charges can sometimes be lowered or dismissed, but the result depends on the case facts, the quality of evidence, and the defense presented. Judges may dismiss charges when proof is lacking, when the situation falls under recognized exceptions, or when a defendant cannot face trial because of health or mental conditions. At times, the court may direct a person to treatment or rehabilitation instead of continuing with prosecution.

Charges may also be reduced through negotiated agreements. A defendant might choose to admit guilt to a lesser crime, which typically carries a lighter punishment. For instance, a second-degree felony may be reclassified as a lesser offense if the circumstances support it. Participation in treatment programs, especially for substance abuse or emotional issues, can also lessen penalties.

Every case is unique, and there are no guarantees. A skilled lawyer plays a critical role in negotiating plea deals, raising defenses, or seeking dismissal where possible. Because second-degree felony charges are serious, anyone facing them should seek immediate legal advice. An attorney can explain the available options and help work toward the best possible outcome.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Hawaii?

Yes. Second-degree Felony or Murder offenses are eligible for expungement if they do not lead to convictions. The Attorney General issues orders for eligible cases, sealing records from public view after a written application.

For non-conviction arrests, the Attorney General, or their authorized representative, is empowered to issue an expungement order. This order removes arrest information from the statewide central repository of adult criminal history record information and from the arresting agency. After the record is expunged, the accused person is no longer considered to have been arrested for that crime. Violent crimes like second-degree murder do not qualify for expungement if convicted, as the law excludes them to maintain public safety records.

Sealing happens when the case did not lead to a conviction or was dismissed. The courts automatically seal related judicial files upon expungement. Eligibility requires no prior convictions in some cases and avoids situations like fleeing jurisdiction. Legal advice is very important in this process because it has strict rules and can take up to 120 days.

How Long Do Second Degree Felony Records Stay Public in Hawaii?

Indefinitely. In Hawaii, felony records, even those for second-degree charges, stay public for life unless a court says they should be sealed or expunged. Conviction records stay open in state databases and court files without expiration, making them accessible for background checks and public review. Some states limit access after a set period. However, Hawaii keeps these records open to promote transparency in the criminal justice system.