HOUSE OF REPRESENTATIVES
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO OFFENSES AGAINST PUBLIC ORDER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 711, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§711-A Aggravated harassment by online impersonation. (1) A person commits the offense of aggravated harassment by online harassment if that person commits the offense of harassment by online impersonation as provided in section 711-B and has been convicted of harassment by online impersonation under section 711-B within five years preceding the instant offense.
(2) Aggravated harassment by online impersonation is a class C felony.
§711-B Harassment by online impersonation. (1) A person commits the offense of harassment by online impersonation if that person uses the name or persona of another person to create a web page on or to post one or more messages on a commercial social networking site:
(a) Without obtaining the other person's consent; and
(b) With the intent to harm, defraud, intimidate, or threaten any person. For purposes of this subsection, "harm" shall have the same meaning as in section 710-1000.
(2) Harassment by online impersonation is a misdemeanor.
(3) It shall be a defense to prosecution under this section that the actor is any of the following entities or that the actor's conduct consists solely of action taken as an employee of any of the following entities:
(a) A commercial social networking site;
(b) An internet service provider;
(c) A telecommunications provider;
(d) A cable operator, as defined by section 440G-3; or
(e) An interactive computer service, as defined by Title 47 United States Code, Section 230.
(4) For the purposes of this section, "commercial social networking site" means any business, organization, or other similar entity operating a website that permits persons to become registered users for the purpose of establishing personal relationships with other users through direct or real-time communication with other users or the creation of web pages or profiles available to the public or to other users. The term does not include an electronic mail program or a message board program."
SECTION 2. Section 711-1106.6, Hawaii Revised Statutes, is amended to read as follows:
Harassment by impersonation. (1) A person commits the offense of
harassment by impersonation if that person poses as another person, without the
express authorization of [ that] the other person, and makes or
causes to be made, either directly or indirectly, a transmission of any
personal information of the other person to another by any oral statement,
any written statement, or any statement conveyed by any electronic means, with
the intent to harass, annoy, or alarm any person.
(2) Harassment by impersonation is a
.]; provided that, if the offense is committed with the
intent to solicit a response by emergency services personnel, then the offense
is a class C felony.
(3) For the purposes of this section:
"Personal information" means information associated with an actual person that is a name, an address, a domain address, a telephone number, or an electronic mail address.
"Pose" means to falsely represent oneself, directly or indirectly, as another person or persons."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on January 7, 2059.
Computers; Online Harassment; Aggravated Online Harassment; Harassment by Impersonation
Makes the use of another person's name or persona to create a web page on or to post one or more messages on a commercial social networking site, without the permission of the other person, and with the intent to harm, defraud, intimidate, or threaten any person, a misdemeanor. Makes the repeated commission of this offense a class C felony. Provides that harassment by impersonation, if committed with the intent to solicit a response by emergency services personnel, is a class C felony. Effective January 7, 2059. (HD618 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.