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What Is a Class C (Third-Degree) Felony in Hawaii?
Hawaii’s third-degree felonies are the least severe version of a felony offense. Offenses in this category often lack the premeditation or intent to inflict physical injury or death on another.
The Hawaii Penal Code classifies felonies into classes A, B, and C. The classes are based on the crime severity and corresponding penalties. Persons convicted of a Class A felony may receive up to 20 years in jail, while a Class B felony attracts between five and ten years in prison.
All third-degree felonies are classified as Class C felonies, as they are the least severe. Persons convicted of such felonies may spend between one and five years in jail. Penalties for third-degree felonies may differ in cases where the offender has prior convictions for the offense. In such instances, the court judge may either impose the maximum sentence or add fines to the sentence.
Common Offenses That Fall Under Class C (Third-Degree) Felony Charges
In Hawaii, types of crimes classified as third-degree felonies include the following:
- Sexual assault in the third degree: Per Section 707-7323, it’s a third-degree sexual assault if an offender uses compulsion to subject another to an act of sexual penetration. It is also a third-degree assault if the offender compels a minor to have sexual contact with another who is at least five years older than the minor.
- Promoting child abuse in the third degree: An offender is guilty of promoting child abuse in the third degree if he or she knowingly possesses child pornography. (Section 707-752)
- Forgery in the third degree: A person commits forgery in the third degree if the person falsely makes or alters a written document. (Section 708-853).
- Identity theft in the third degree: A person is guilty of identity theft in the third degree if that person falsely assumes the identity of another with the intent to commit theft. (Section 708-839.8).
| Hawaii Third-degree Felonies | Crime Description |
|---|---|
| Third-degree sexual assault | Per Section 707-7323, it’s a third-degree sexual assault if an offender uses compulsion to subject another to an act of sexual penetration. It is also a third-degree assault if the offender compels a minor to have sexual contact with another who is at least five years older than the minor. |
| Promoting child abuse in the third degree | An offender is guilty of promoting child abuse in the third degree if he or she knowingly possesses child pornography. (Section 707-752). |
| Third-degree forgery | A person commits forgery in the third degree if the person falsely makes or alters a written document. (Section 708-853). |
| Third-degree identity theft | A person is guilty of identity theft in the third degree if that person falsely assumes the identity of another with the intent to commit theft. (Section 708-839.8). |
Penalties and Sentencing for Third-Degree Felonies in Hawaii
Persons convicted of third-degree felonies may receive penalties, such as imprisonment and fines. Convicted offenders might receive between one and five years' imprisonment and/or pay fines up to $5,000.
Under § 706-606.5, persons with a prior conviction must serve a compulsory two-year jail term without the possibility of parole. Third-time offenders will receive a minimum of three years and four months' jail terms. However, four-time or more offenders will spend the maximum five-year jail term.
Hawaii courts might impose penalties in lieu of a prison sentence for third-degree felonies. The courts may review the circumstances around the incident before imposing probation.
| Third-degree felony | Sentence range | Fines |
|---|---|---|
| Sexual assault in the third degree. | 1 to 5 years. | Up to $5,000. |
| Forgery in the third degree. | 1 to 5 years. | Up to $5,000. |
| Identity theft in the third degree | 1 to 5 years. | Up to $5,000. |
| Promoting child abuse in the third degree. | 1 to 5 years. | Up to $5,000. |
Will You Go to Jail for a Third-Degree Felony in Hawaii?
Yes, jail time for a third-degree felony is a real possibility in Hawaii. Offenders may get sentences between one and five years in jail.
However, offenders may qualify for an alternative sentence, provided there are no severe circumstances surrounding the criminal incident. First-time offenders are more likely to get a deferred judgment and probation than offenders with prior convictions.
How Long Does a Third-Degree Felony Stay on Your Record?
Third-degree felony convictions remain on record permanently and are not expungeable. The records are also accessible upon request from the general public. This means such records may have a lasting and severe impact on a record subject’s life and future opportunities.
Case in point: employers may conduct background checks on prospective employees. Persons with a third-degree felony record may find it difficult to get employment in security-vulnerable institutions or companies. For instance, educational institutions may refuse to hire persons convicted of promoting child abuse in the third degree.
Other consequences of third-degree felony records include the following:
- Lower chances of getting housing in specific districts.
- Lower chances of getting visas to specific regions
- Loss of certain civil rights, such as the right to bear arms or to vote.
Nevertheless, convicted offenders may find reprieve via Hawaii’s “Ban the Box” law. The law restricts employers from inquiring about felony convictions after seven years of completing the court sentence.
Can a Class C (Third-Degree) Felony Be Sealed or Expunged in Hawaii?
Hawaii Revised Statutes only allows the sealing or expungement of non-conviction third-degree felony records. In other words, you are eligible to expunge records of arrest or dismissed third-degree felony cases.
The SB2706 SD1 HD1 is the only form of record sealing that is available for third-degree felony conviction records. Under the law, the state automatically seals conviction records from public view. The record sealing only takes place after seven years have passed since the completion of the court conviction.
How Class C (Third-Degree) Felonies Compare to First- and Second-Degree Felonies
Third-degree felonies are less severe and carry lighter penalties than first- and second-degree felonies. They generally lack elements of extreme violence or recklessness common in more severe felonies. Additionally, they pose less risk to lives and property.
In Hawaii, a third-degree felony may result in penalties, including imprisonment for one to five years or a fine of up to $5,000. In contrast, first-degree felonies are punishable by up to 20 years in jail, while second-degree felonies attract up to 10 years imprisonment.
| Felony Level | Crimes | Sentencing Range | |
|---|---|---|---|
| First degree | Forgery, promoting child abuse, identity theft, and sexual assault. | Up to 20 years. | |
| Second degree | Forgery, promoting child abuse, identity theft, and sexual assault. | Up to 10 years. | |
| Third degree | Forgery, promoting child abuse, identity theft, and sexual assault. | Up to 5 years. |
How to Look Up Third-Degree Felony Records in Hawaii
Interested persons or entities can look up third-degree felonies by using resources provided by government entities at the state and local levels. At the state level, you can view and obtain copies of court records via the Hawaii eCourt Kokua platform. Inquirers may pay a flat rate of $3 for documents that have 30 or fewer pages. The platform also charges quarterly and yearly subscription fees from inquirers.
At the local level, inquirers can obtain copies of court documents from the court that handled the case. The court may allow in-person or mail-in requests for court documents. Inquirers using these request methods must follow the court’s guidelines.
| Source | Access method | Availability |
|---|---|---|
| Hawaii eCourt Kokua | Online | https://www.courts.state.hi.us/legal_references/records/jims_system_availability#subscriptions-online |
| County courthouses | mail/in person | |
| Third-party websites | Online (may charge) | Hawaiicourtrecords.us |
Probation and Parole for Class C (Third-Degree) Felony Offenders
In Hawaii, third-degree felony offenders may become eligible for parole after serving the minimum term of their imprisonment. The state’s parole authority will meet with the offender within six months after incarceration to determine the minimum term. Nevertheless, offenders are not eligible for parole if they have a prior conviction for a felony offense.
Most third-degree felonies are eligible for probation in Hawaii. The court judge may impose probation as an alternative to jail sentences after reviewing the offender’s crime and the circumstances surrounding the criminal incident. Offenders who receive probation are generally required to follow the conditions before the court can dismiss the case.