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State v. Helm11/22/2000
HRS § 710-1016, the evidence must show beyond a reasonable doubt that Isherwood was not a peace officer. Helm contends the evidence showed Isherwood was a peace officer and therefore Helm's conviction should be reversed by this court. The State argues Helm's conviction should be affirmed because the evidence showed that Helm pretended to be a public servant other than a peace officer. The State contends whether or not Isherwood was in fact a peace officer is not relevant. According to the State, the issue is not who Isherwood was, but who Helm pretended to be.
Helm also contends the district court erred in not making a specific finding that Isherwood was not a peace officer.
III.
Hawaii Revised Statutes § 710-1016 was enacted in 1972 and originally read as follows:
§ 710-1016 Impersonating a public servant. (1) A person commits the offense of impersonating a public servant if he pretends to be a public servant and engages in any conduct in that capacity with intent to deceive anyone.
(2) It is no defense to a prosecution under this section that the office the person pretended to hold did not in fact exist.
(3) Impersonating a public servant is a misdemeanor. 1972 Haw. Sess. L. Act 9, § 1016 at 113.
In 1984, the legislature amended HRS § 710-1016(1) to include the phrase "other than a peace officer" and enacted HRS § 710-1016.5 that dealt exclusively with the crime of impersonating a peace officer, which was elevated from a misdemeanor to a class C felony:
§710-1016 Impersonating a public servant. (1) A person commits the offense of impersonating a public servant if the person pretends to be a public servant other than a peace officer and engages in any conduct in that capacity with intent to deceive anyone.
(2) It is no defense to a prosecution under this section that the office the person pretended to hold did not in fact exist.
(3) Impersonating a public servant is a misdemeanor.
§710-1016.5 Impersonating a peace officer. (1) A person commits the offense of impersonating a peace officer if the person pretends to be a peace officer and engages in any conduct in that capacity with the intent to deceive anyone.
(2) It is no defense to a prosecution under this section that the office or position the person pretended to hold did not in fact exist.
(3) Impersonating a peace officer is a class C felony. 1984 Haw. Sess. L. Act 139 §§ 1 & 2 at 263.
In taking impersonation of a peace officer out of HRS § 710-1016 and creating a new section exclusively prohibiting the impersonation of a peace officer, the legislature indicated it was doing so because it was "concerned over the alarming increase of peace officer impersonators who prey on women motorists at night and over the use of false pretense of authority as a prelude to the commission of other crimes." Hse. Stand. Comm. Rep. No. 342-84, in 1984 House Journal (Reg. Sess.) at 988. The Senate Judiciary Committee wrote:
The purpose of this bill is to add a new section to the Hawaii [Hawaii] Penal Code, Hawaii [Hawaii] Revised Statutes, to create the offense of impersonating a peace officer, which shall be a class C felony. The bill also excludes impersonation of a peace officer from the lesser offense of impersonation of a public servant.
A person may be charged with the offense of impersonating a peace officer if he or she pretends to be a peace officer and acts in that capacity to deceive another person. The fact that the office or position the person pretended to hold did not exist is no defense.
"Peace officer" is defined in sectio
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