REPORT TITLE:
Computer Harassment


DESCRIPTION:
Makes the unlawful use of computerized communication systems for
the purpose of harassing another person a misdemeanor, and makes
the sender's property subject to forfeiture.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           650
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO HARASSMENT.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that harassment of
 
 2 individuals through electronic means of communication should be
 
 3 unlawful, and that current harassment laws are inadequate to
 
 4 prohibit such types of harassment, including the use of
 
 5 electronic communication to frighten, intimidate, threaten, or
 
 6 abuse a computer user.  The purpose of this bill is to penalize
 
 7 persons who use electronic mediums for purposes of harassment.
 
 8      SECTION 2.  Chapter 711, Hawaii Revised Statutes, is amended
 
 9 by adding a new section to be appropriately designated and to
 
10 read as follows:
 
11      "711-     Unlawful use of computerized communication
 
12 systems.  (1)  As used in this section, "message" means any
 
13 transfer of signs, signals, writing, images, sounds, data, or
 
14 intelligence of any nature, or any transfer of a computer
 
15 program, as defined in section 708-890.
 
16      (2)  Whoever does any of the following is guilty of a
 
17 misdemeanor:
 

 
 
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                                     S.B. NO.           650
                                                        
                                                        

 
 1      (a)  With intent to frighten, intimidate, threaten, abuse,
 
 2           or harass another person, sends a message to the person
 
 3           on an electronic mail or other computerized
 
 4           communication system and in that message threatens to
 
 5           inflict injury or physical harm to any person or the
 
 6           property of any person;
 
 7      (b)  With intent to frighten, intimidate, threaten, abuse,
 
 8           or harass another person, sends a message on an
 
 9           electronic mail or other computerized communication
 
10           system with the reasonable expectation that the person
 
11           will receive the message and in that message threatens
 
12           to inflict injury or physical harm to any person or the
 
13           property of any person;
 
14      (c)  With intent to frighten, intimidate, threaten, or abuse
 
15           another person, sends a message to the person on an
 
16           electronic mail or other computerized communication
 
17           system and in that message uses any obscene, lewd, or
 
18           profane language or suggests any lewd or lascivious
 
19           act;
 
20      (d)  With intent to frighten, intimidate, threaten, or abuse
 
21           another person, sends a message on an electronic mail
 
22           or other computerized communication system with the
 
23           reasonable expectation that the person will receive the
 
24           message and in that message uses any obscene, lewd, or
 
25           profane language or suggests any lewd or lascivious
 
26           act;
 
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                                     S.B. NO.           650
                                                        
                                                        

 
 1      (e)  With intent to frighten, intimidate, threaten, or abuse
 
 2           another person, sends a message to the person on an
 
 3           electronic mail or other computerized communication
 
 4           system while intentionally preventing or attempting to
 
 5           prevent the disclosure of the sender's own identity; or
 
 6      (f)  While intentionally preventing or attempting to prevent
 
 7           the disclosure of the sender's identity and with intent
 
 8           to frighten, intimidate, threaten, or abuse another
 
 9           person, sends a message on an electronic mail or other
 
10           computerized communication system with the reasonable
 
11           expectation that the person will receive the message.
 
12      (3)  Whoever does any of the following is subject to
 
13 forfeiture under chapter 712A:
 
14      (a)  With intent to harass, annoy, or offend another person,
 
15           sends a message to the person on an electronic mail or
 
16           other computerized communication system and in that
 
17           message uses any obscene, lewd, or profane language or
 
18           suggests any lewd or lascivious act;
 
19      (b)  With intent to harass, annoy, or offend another person,
 
20           sends a message on an electronic mail or other
 
21           computerized communication system with the reasonable
 
22           expectation that the person will receive the message
 
23           and in that message uses any obscene, lewd, or profane
 
24           language or suggests any lewd or lascivious act;
 

 
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                                     S.B. NO.           650
                                                        
                                                        

 
 1      (c)  With intent solely to harass another person, sends
 
 2           repeated messages to the person on an electronic mail
 
 3           or other computerized communication system;
 
 4      (d)  With intent solely to harass another person, sends
 
 5           repeated messages on an electronic mail or other
 
 6           computerized communication system with the reasonable
 
 7           expectation that the person will receive the messages;
 
 8      (e)  With intent to harass or annoy another person, sends a
 
 9           message to the person on an electronic mail or other
 
10           computerized communication system while intentionally
 
11           preventing or attempting to prevent the disclosure of
 
12           the sender's own identity;
 
13      (f)  While intentionally preventing or attempting to prevent
 
14           the disclosure of the sender's identity and with intent
 
15           to harass or annoy another person, sends a message on
 
16           an electronic mail or other computerized communication
 
17           system with the reasonable expectation that the person
 
18           will receive the message; or
 
19      (g)  Knowingly permits or directs another person to send a
 
20           message prohibited by this section from any computer
 
21           terminal or other device that is used to send messages
 
22           on an electronic mail or other computerized
 
23           communication system and that is under the sender's
 
24           control."
 

 
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                                     S.B. NO.           650
                                                        
                                                        

 
 1      SECTION 3.  Section 711-1106, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (1) to read as follows:
 
 3      "(1)  [A] Except as provided in section 711-   , a person
 
 4 commits the offense of harassment if, with intent to harass,
 
 5 annoy, or alarm any other person, that person:
 
 6      (a)  Strikes, shoves, kicks, or otherwise touches another
 
 7           person in an offensive manner or subjects the other
 
 8           person to offensive physical contact;
 
 9      (b)  Insults, taunts, or challenges another person in a
 
10           manner likely to provoke an immediate violent response
 
11           or that would cause the other person to reasonably
 
12           believe that the actor intends to cause bodily injury
 
13           to the recipient or another or damage to the property
 
14           of the recipient or another;
 
15      (c)  Repeatedly makes telephone calls, facsimile, or
 
16           electronic mail transmissions without purpose of
 
17           legitimate communication;
 
18      (d)  Repeatedly makes a communication anonymously or at an
 
19           extremely inconvenient hour;
 
20      (e)  Repeatedly makes communications, after being advised by
 
21           the person to whom the communication is directed that
 
22           further communication is unwelcome; or
 

 
 
 
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                                     S.B. NO.           650
                                                        
                                                        

 
 1      (f)  Makes a communication using offensively coarse language
 
 2           that would cause the recipient to reasonably believe
 
 3           that the actor intends to cause bodily injury to the
 
 4           recipient or another or damage to the property of the
 
 5           recipient or another."
 
 6      SECTION 4.  This Act does not affect rights and duties that
 
 7 matured, penalties that were incurred, and proceedings that were
 
 8 begun, before its effective date.
 
 9      SECTION 5.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 6.  This Act shall take effect upon its approval.
 
12 
 
13                              INTRODUCED BY:______________________