A 49-year-old Hilo woman faces a felony charge for allegedly attempting to steal fruit from a lychee orchard.
At 8:20 a.m., May 13, Puna officers responded to Railroad Avenue in Keaau, where a 60-year-old man reported that he had encountered a woman inside the fenced area of his orchard harvesting mature lychee without his permission.
Police arrested the woman, Andrarene Grammer, and recovered 40 pounds of harvested lychee valued at $180.
Grammer was charged with second-degree theft, a C felony, and her bail was set at $10,000.
She remains at the cellblock pending her initial court appearance scheduled for May 14.
§708-831 Theft in the second degree. (1) A person commits the offense of theft in the second degree if the person commits theft:
(a) Of property from the person of another;
(b) Of property or services the value of which exceeds $300;
(c) Of an aquacultural product or part thereof from premises that are fenced or enclosed in a manner designed to exclude intruders or there is prominently displayed on the premises a sign or signs sufficient to give notice and reading as follows: “Private Property”, “No Trespassing”, or a substantially similar message;
(d) Of agricultural equipment, supplies, or products, or part thereof, the value of which exceeds $100 but does not exceed $20,000, or of agricultural products that exceed twenty-five pounds, from premises that are fenced, enclosed, or secured in a manner designed to exclude intruders or there is prominently displayed on the premises a sign or signs sufficient to give notice and reading as follows: “Private Property”, “No Trespassing”, or a substantially similar message; or if at the point of entry of the premise, a crop is visible. The sign or signs, containing letters not less than two inches in height, shall be placed along the boundary line of the land in a manner and in such position as to be clearly noticeable from outside the boundary line. Possession of agricultural products without ownership and movement certificates, when a certificate is required pursuant to chapter 145, is prima facie evidence that the products are or have been stolen; or
(e) Of agricultural commodities that are generally known to be marketed for commercial purposes. Possession of agricultural commodities without ownership and movement certificates, when a certificate is required pursuant to section 145-22, is prima facie evidence that the products are or have been stolen; provided that “agriculture commodities” has the same meaning as in section 145-21.
(2) Theft in the second degree is a class C felony. A person convicted of committing the offense of theft in the second degree under [subsection (1)](c) and (d) shall be sentenced in accordance with chapter 706, except that for the first offense, the court may impose a minimum sentence of a fine of at least $1,000 or two-fold damages sustained by the victim, whichever is greater. [L 1972, c 9, pt of §1 and c 102, §1; am L 1974, c 201, §1; am L 1975, c 158, §1; am L 1979, c 106, §6; am L 1981, c 68, §1; am L 1986, c 314, §64; am L 1987, c 176, §2; am L 1990, c 28, §3; am L 1992, c 54, §2 and c 289, §2; am L 1993, c 218, §3; am L 1998, c 228, §1; am L 2005, c 182, §3; am L 2006, c 156, §6; am L 2012, c 125, §6]