Criminal trespass in the first degree

(1) A person commits the offense of criminal trespass in the first degree if: (a) That person knowingly enters or remains unlawfully: (i) In a dwelling; or (ii) In or upon the premises of a hotel or apartment building; (b) That person: (i) Knowingly enters or remains unlawfully in or upon premises that are fenced or enclosed in a manner designed to exclude intruders; and (ii) Is in possession of a firearm, as defined in section 134-1, at the time of the intrusion; or (c) That person enters or remains unlawfully in or upon the premises of any public school as defined in section 302A-101, or any private school, after reasonable warning or request to leave by school authorities or a police officer; provided however, such warning or request to leave shall be unnecessary between 10:00 p.m. and 5:00 a.m. (2) Subsection (1) shall not apply to: (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 their legal duties and to serve process upon any of the following: (i) An owner or occupant of the land or premises; (ii) An agent of the owner or occupant of the land or premises; or (iii) A lessee of the land or premises; or (b) A professional land surveyor, or assistant under the direct supervision of the professional land surveyor, who enters or remains in or upon the land or premises of another for the purpose of performing land surveying at the request of the landowner of, or person with an interest in, the real property to be surveyed. (3) As used in this section, "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. (4) Criminal trespass in the first degree is a misdemeanor.