Statute of Limitations for Class B / 2nd Degree Felony in Hawaii

Overview

In Hawaii, the statute of limitations (SOL) sets a deadline for the State to file a criminal case (or, depending on the procedural posture, to commence prosecution) for certain offenses. For a Class B felony (often discussed as “2nd degree felony” in everyday terminology), Hawaii applies a general limitations rule found in Hawaii Revised Statutes (HRS) § 701-108.

Based on the available rule text, there is no claim-type-specific sub-rule identified for this category in the sources provided. Instead, Hawaii’s general/default period governs.

Limitation period

The general deadline (default rule)

For offenses covered by HRS § 701-108(2)(d), Hawaii uses a 5-year statute of limitations.

• General SOL period: 5 years
• Applies as the default/general rule (no separate class-specific sub-rule identified here)

What “5 years” means in practice

DocketMath’s statute-of-limitations calculator is designed to take you from dates to an end date you can work with. Typically, you’ll provide:

• Date of the offense (or the date the unlawful conduct occurred)
• Whether the SOL is measured from a single date or includes an event that triggers a start/stop mechanism (like certain tolling circumstances—see exceptions below)

Once entered, DocketMath computes:

• Expiration date for the limitations period, and
• A quick view of whether a given filing date falls inside or outside the deadline (depending on what you enter).

How the output changes with inputs

Use these input ideas to understand the calculator’s behavior:

• Earlier offense date → earlier expiration date
• Later offense date → later expiration date
• Filing date after expiration → likely time-bar issue (procedurally relevant)
• Filing date before expiration → generally within the limitations window

Because SOL calculations depend heavily on the start date and any tolling/suspension, DocketMath’s output should be treated as a calculation aid, not a determination of legal sufficiency.

Key exceptions

Even with a default 5-year SOL, Hawaii SOL deadlines can be affected by statutory exceptions and tolling provisions. Rather than guessing, you’ll want to check whether any of these categories apply to your timeline.

Below are the most practical “watch-outs” when you’re calculating or validating a limitations period for a felony case.

1) Tolling (suspension) events

SOL periods can be paused when the law recognizes that the clock shouldn’t run normally—examples can include circumstances that prevent prosecution or that legally suspend the limitations clock.

Practical impact on the calculator:
If you have a tolling event, you may need to enter additional dates or select a tolling adjustment (depending on how DocketMath gathers inputs for your calculation).

2) “Commencement of prosecution” timing

SOL often turns on when prosecution is commenced, not merely when evidence was discovered. Different procedural events can matter (for example, filing, issuance of an order, or other “commencement” mechanics depending on the case posture).

Practical impact on the calculator:
If your “filing date” input is actually an administrative step rather than the date that legally counts, your expiration comparison can be misleading.

3) Multi-act conduct and continuing offenses

Where the alleged conduct involves multiple acts, the effective start date may be tied to a particular act or to the period of ongoing conduct.

Practical impact on the calculator:
Selecting the wrong “date of the offense” can shift the expiration date by months or years.

4) Uncertainty about which subsection controls

Hawaii has multiple SOL rules by offense category. Here, the available cited rule is the default/general provision: HRS § 701-108(2)(d).

Since no additional class-specific sub-rule was identified in the provided material, this page uses the general/default period rather than claiming a more specific subclass rule exists.

Statute citation

Hawaii’s general statute of limitations for this category is:

• HRS § 701-108(2)(d) — 5 years (general/default period)

Reference (as provided):
https://codes.findlaw.com/hi/division-5-crimes-and-criminal-proceedings/hi-rev-st-sect-701-108/?utm_source=openai

Use the calculator

Ready to compute the timeline? Use DocketMath’s SOL tool here: /tools/statute-of-limitations.

To get the best output:

• Enter the date of the offense (or the best-supported start date for the alleged conduct)
• Enter the date prosecution was commenced (if you’re comparing against a “filing/commencement” date)
• Add any tolling/suspension dates if DocketMath prompts for them in your workflow

Example workflow (illustrative)

1. Use DocketMath → statute-of-limitations
2. Select Hawaii (US-HI)
3. Use the 5-year base period from HRS § 701-108(2)(d)
4. Input offense date and (optionally) a filing/commencement date
5. Review:

   • Expiration date
   • Whether the relevant prosecution date is before or after expiration

Related reading

• Choosing the right statute of limitations tool for Vermont — Tool comparison
• Statute of limitations in Singapore: how to estimate the deadline — How-to guide
• Choosing the right statute of limitations tool for Connecticut — Tool comparison