November 16, 2007 (No. 26096)
OPINION OF THE COURT BY ACOBA, J.
Petitioner/Defendant-Appellant Marie Beltran (Petitioner) filed an application for writ of certiorari on July 31, 2007, requesting that this court review the judgment of the Intermediate Court of Appeals (the ICA) filed on May 3, 2007, pursuant to its April 5, 2007 published opinion vacating the November 10, 2003 judgment of the district court of the first circuit (the court) convicting Petitioner of Camping Without a Permit, and remanding the case to the court to determine the classification of the offense with which Petitioner was charged. State v. Keawemauhili, 114 Hawai‘i 100, 122, 157 P.3d 539, 561 (App. 2007). According to the ICA, the camping regulation involved was not constitutionally overbroad or vague and the offense is one of absolute or strict liability under Hawai‘i Revised Statutes (HRS) § 702-213 (1993). Id. at 118, 121, 122, 157 P.3d at 557, 560, 561. The ICA ordered that if the charge against Petitioner did not allege a negligent state of mind element, the court shall enter judgment for camping without a permit as a civil violation under HRS § 702-213(1). Id. at 118, 157 P.3d at 557. If, however, the charge included a negligent or higher state of mind, the court shall enter judgment as a criminal petty misdemeanor offense of camping without a permit under HRS § 702-213(2). Id. at 122, 157 P.3d at 561. We hold that the camping regulation involved is overbroad and vague and with all due respect, reverse the ICA's May 3, 2007 judgment and the November 10, 2003 judgment of the court. [footnotes omitted]
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