Haw. Rev. Stat. § 708-814
(b) The person enters or remains unlawfully in or upon commercial premises after a reasonable warning or request to leave by the owner or lessee of the commercial premises, the owner's or lessee's authorized agent, or a police officer; provided that this paragraph shall not apply to any conduct or activity subject to regulation by the National Labor Relations Act.
For the purposes of this paragraph, "reasonable warning or request" means a warning or request communicated in writing at any time within a one-year period inclusive of the date the incident occurred, which may be evidenced by a copy of the previously issued written warning or request, whether or not the copy is posted at the premises or retained by the county police department, and which may contain but is not limited to the following information:
(c) The person enters or remains unlawfully on unimproved or unused lands without the permission of the owner of the land, the owner's agent who is authorized to give the permission, or the person in lawful possession of the land, and the lands:
(ii) Have a sign or signs displayed on the unenclosed, unimproved, or unused land sufficient to give reasonable notice and reads as follows: "Private Property - No Trespassing", "Government Property - No Trespassing", or a substantially similar message; provided that the sign or signs shall contain letters no less than two inches in height and shall be placed at reasonable intervals no less than three signs to a mile along the boundary line of the land and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line.
For the purposes of this paragraph, "unimproved or unused lands" means any land upon which there is no improvement; construction of any structure, building, or facility; or alteration of the land by grading, dredging, or mining that would cause a permanent change in the land or that would change the basic natural condition of the land. Land remains "unimproved or unused land" under this paragraph notwithstanding minor improvements, including the installation or maintenance of utility poles, signage, and irrigation facilities or systems; minor alterations undertaken for the preservation or prudent management of the unimproved or unused land, including the installation or maintenance of fences, trails, or pathways; maintenance activities, including forest plantings and the removal of weeds, brush, rocks, boulders, or trees; and the removal or securing of rocks or boulders undertaken to reduce risk to downslope properties; or
(d) The person enters or remains unlawfully in or upon any area of a housing project that is closed to the public pursuant to section 356D-6.7 and meets the signage requirements of section 356D-6.7, or the person enters or remains unlawfully in or upon any property that is subject to section 356D-6.7 and meets the signage requirements of section 356D-6.7 after a reasonable warning or request to leave by the housing authority or law enforcement officer, as defined in section 710-1000, based upon an alleged violation of law or administrative rule, notwithstanding any invitation or authorization provided to the person by a tenant of that housing project or a member of that tenant's household.
As used in this paragraph:
"Housing authority" means a property manager, resident manager, tenant monitors, security guards, or others officially designated by the Hawaii public housing authority, for the housing project.
"Housing project" means a public housing project, or elder or elderly housing as defined in section 356D-1, or state low-income housing project as defined in section 356D-51.
"Reasonable warning or request" means a warning or request communicated in writing at any time within a one-year period inclusive of the date the incident occurred, which may contain but is not limited to the following information:
(a) A process server who enters or remains in or upon the land or premises of another, unless the land or premises are secured with a fence and locked gate, for the purpose of making a good faith attempt to perform the process server's legal duties and to serve process upon any of the following:
(iii) A lessee of the land or premises.
For the purposes of this paragraph, "process server" means any person authorized under the Hawaii rules of civil procedure, district court rules of civil procedure, Hawaii family court rules, or section 353C-10 to serve process; or
[L 1972, c 9, pt of §1; am L 1974, c 49, §1; am L 1979, c 201, §1; am L 1980, c 232, §40; am L 1981, c 177, §2; gen ch 1993; am L 1998, c 146, §1; am L 2004, c 50, §2; am L 2005, c 181, §2 and c 212, §3; am L 2011, c 208, §2; am L 2013, c 145, §1; am L 2015, c 101, §3; am L 2017, c 136, §3; am L 2018, c 31, §3; am L 2019, c 245, §2; am L 2023, c 209, §4; am L 2025, c 235, §39]
Section 353C-10, referred to in subsection (2), is repealed.
The 2017 amendment does not affect native Hawaiian traditional and customary rights as set forth in the state constitution. L 2017, c 136, §6.
Where defendant failed to adduce sufficient evidence to support claim of the exercise of a constitutionally protected native Hawaiian right and knowingly entered landowner's property which was fenced in a manner to exclude others, trial court properly concluded that defendant was unlawfully on property in violation of subsection (1). 89 H. 177, 970 P.2d 485 (1998).
The violation of a trespass warning issued pursuant to this section did not create a basis for probable cause to prosecute defendant for second-degree burglary under §708-811 because the trespass warning did not amount to a "lawful order" under §708-800. 139 H. 249, 386 P.3d 886 (2016).
Where persons were allowed on hotel premises if invited by hotel guests, State had burden to prove that defendants were not so invited. 2 H. App. 264, 630 P.2d 129 (1981).
As criminal liability in section (1993) based only on contemporaneous refusal to obey warning or request to leave premises, no conviction where defendant returned to bar more than a month after being given warning not to return to premises for a year. 80 H. 372 (App.), 910 P.2d 143 (1996).
Finding by court that property was "commercial premises" protected by this section not clearly erroneous. 80 H. 460 (App.), 911 P.2d 95 (1996).