1. (a) Unless otherwise specified, any person who violates a provision of this part or a rule adopted pursuant to this part shall be guilty of a petty misdemeanor. Authorized employees of the department acting within the scope of employment shall not be subject to the penalty provided for in this section. A person convicted of violating a provision of this part or a rule adopted pursuant to this part shall be sentenced, without the possibility of suspension of sentence, as follows:

   1. (1) A mandatory fine of no less than $100, or imprisonment of no more than thirty days, or both, for a first offense, or any offense not preceded within a five-year period by a conviction for a prior offense;
   2. (2) A mandatory fine of no less than $500, or by imprisonment of no more than thirty days, or both, for an offense that occurs within five years of a conviction for a prior offense; and

   3. (3) A mandatory fine of $1,000, or imprisonment of no more than thirty days, or both, for an offense that occurs within five years of two or more convictions for prior offenses.

      For purposes of this subsection, "offense" means a violation of any provision of this part or any rules adopted pursuant thereto.

2. (b) A person who is convicted of violating section 183-17 is guilty of a misdemeanor and shall be fined no more than $2,000, or imprisoned no more than one year, or both.

[L 1919, c 83, §2; RL 1925, §596; RL 1935, §185; RL 1945, §1020; RL 1955, §19-9; HRS §183-18; am L 1981, c 85, §6; am L 2006, c 174, §2; am L 2021, c 193, §2]

Cross References

General penalties, see §183-5.