HSC continues to clarify when the State has to include statutory definitions in the charging document.
State v. Kaakimaka (HSC August 28, 2025). The prosecution charged Koa Kaakimaka with invasion of privacy in the first degree in violation of HRS § 711-1110.9(1)(a). A person commits that offense when: [T]he person intentionally or knowingly installs or uses, or both, in any private place, without consent of the person or persons entitled to privacy therein, any device for observing, recording, amplifying, or broadcasting another person in a stage of undress or sexual activity in that place[.] Id. A “private place” is “a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or substantial group thereof has access.” HRS § 711-1100. The indictment against Kaakimaka did not include the statutory definition so he moved to dismiss it. He argued that the term “private place” could mean many different things. He also moved to suppress evidence. The circuit court...