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HRS §806-83When prosecutors can file felony charges without a grand jury
This section lists the felony crimes that can be charged by a written information instead of a grand jury indictment. It covers most class B and C felonies, but lists many specific crimes that are excluded. It also includes certain other felonies and related offenses.
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The statute, as written — Felonies for which criminal charges may be instituted by written information
(a) Criminal charges may be instituted by written information for a felony when the charge is a class C felony, except under: (1) Section 159-28 (bribery related to the Hawaii Meat Inspection Act); (2) Section 161-28 (bribery related to the Hawaii Poultry Inspection Act); (3) Section 707-712.5 (assault against a law enforcement officer in the first degree); (4) Section 707-716 (terroristic threatening in the first degree); (5) Section 707-732 (sexual assault in the third degree); (6) Section 707-741 (incest); (7) Section 707-752 (promoting child abuse in the third degree); (8) Section 708-880 (commercial bribery); (9) Section 709-904.5 (compensation by an adult of juveniles for crimes); (10) Section 710-1026.9 (resisting an order to stop a motor vehicle in the first degree); (11) Section 710-1070 (bribery of or by a witness); (12) Section 710-1071 (intimidating a witness); (13) Section 710-1072.2 (retaliating against a witness); (14) Section 710-1073 (bribery of or by a juror); (15) Section 710-1075 (jury tampering); (16) Section 710-1075.5 (retaliating against a juror); (17) Section 711-1106.4 (aggravated harassment by stalking); (18) Section 711-1110.9 (violation of privacy in the first degree); (19) Section 712-1208 (promoting travel for prostitution); (20) Section 712-1209.5 (habitual commercial sexual exploitation); (21) Section 712-1218 (failure to maintain age verification records of sexual performers); (22) Section 712-1218.5 (failure to maintain age verification records of sexually exploited individuals); and (23) Section 712-1219 (failure to affix information disclosing location of age verification records of sexual performers). (b) Criminal charges may be instituted by written information for a felony when the charge is a class B felony, except under: (1) Section 707-720 (kidnapping); (2) Section 707-731 (sexual assault in the second degree); (3) Section 707-751 (promoting child abuse in the second degree); (4) Section 708-841 (robbery in the second degree); (5) Section 709-904.5 (compensation by an adult of juveniles for crimes; grade or class of offense increased); (6) Section 710-1031 (intimidating a correctional worker); (7) Section 710-1040 (bribery); (8) Section 710-1074 (intimidating a juror); and (9) Section 712-1203 (promoting prostitution). (c) Criminal charges may be instituted by written information for a felony when the charge is a felony under: (1) Section 19-3 (election frauds); (2) Section 480-4 (combinations in restraint of trade, price-fixing and limitation of production prohibited); (3) Section 480-6 (refusal to deal); or (4) Section 480-9 (monopolization). (d) Criminal charges may be instituted by written information for a felony when the charge is under section 329-46 (prohibited acts related to visits to more than one practitioner to obtain controlled substance prescriptions) and the comparable offense under part IV of chapter 712 is a class B or class C felony offense not enumerated in subsection (a) or (b). (e) Criminal charges may be instituted by written information for a felony when: (1) The charge involves: (A) Section 702-221 (liability for conduct of another); (B) Section 702-222 (liability for conduct of another; complicity); (C) Section 702-223 (liability for conduct of another; complicity with respect to the result); (D) Section 705-500 (criminal attempt); (E) Section 705-510 (criminal solicitation); or (F) Section 705-520 (criminal conspiracy); and (2) The underlying offense is a class B or class C felony offense not listed in subsection (a) or (b), or an offense specified in subsection (c) or (d).
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026 Sections this one refers to
§159-28 Bribing inspectors or state workers is a serious crime
§161-28 Bribing or accepting bribes from inspectors
§19-3 Election frauds
§329-46 Doctor shopping to get controlled substances is illegal
§480-4 When agreements that limit competition are illegal
§480-6 When refusing to buy or sell is illegal
§480-9 No one may create a monopoly in Hawaii
§702-221 When you can be blamed for someone else's actions
§702-222 When you can be held responsible for someone else's crime
§702-223 When helping someone commit a crime makes you guilty of the result
§705-500 What counts as trying to commit a crime
§705-510 Asking someone to commit a crime
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.