Report Title:

Crime; Harassment; Disruptive Threats

 

Description:

Makes harassment by disruptive threats a misdemeanor. Makes it a crime to remotely harass another person by posting any type of writing or message with the intent to harass, intimidate, terrorize, frighten, or cause mental, emotional, or physical distress to another person.

 


THE SENATE

S.B. NO.

2436

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to Crime.

 

 

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

 


SECTION 1. Chapter 711, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"711-   Harassment by disruptive threats. (1) A person commits the offense of harassment by disruptive threats if the person:

(a) Wilfully posts a message or writing through the use of any medium of communication, including an electronic communication device, with the intent to harass, annoy, intimidate, terrorize, frighten, or cause mental, emotional, or physical distress to another person, or with the intent to disrupt the orderly conduct of any institution such as a school or business; or

(b) Wilfully posts a message or writing through the use of any medium of communication, including an electronic communication device, and knows or should reasonably know that posting the message or writing would cause another person to be frightened or to suffer mental, emotional, or physical distress, or would disrupt the orderly conduct of any institution such as a school or business.

(2) For the purposes of this section:

"Electronic communication" shall have the same meaning as provided in section 2510(12) of title 18 of the United States Code.

"Electronic communication device" includes, but is not limited to, telephones, cellular or digital mobile phones, computers, video recorders, fax machines, or pagers.

(3) Harassment by disruptive threats is a misdemeanor and shall be punishable by a fine of not more than $2,000, or a term of imprisonment not to exceed one year, or both.

711-   Remote harassment. (1) A person commits the offense of remote harassment if the person, with the intent to annoy, harass, intimidate, terrorize, or cause mental, emotional, or physical distress to another person, wilfully posts a writing or message of any type, including but not limited to advertisements or solicitations, through the use of any medium of communication, including an electronic communication device, and if:

(a) The person knows or reasonably should know that posting the message or writing could cause another person to be annoyed, feel harassed, intimidated, terrorized, or frightened, or could cause another person to suffer mental, emotional, or physical distress;

(b) The person knows or reasonably should know that the message or writing could cause two or more separate acts of unconsented contact with another person;

(c) Conduct arising from posting the message or writing would cause a reasonable person to suffer emotional, mental, or physical distress, or to feel terrorized, frightened, intimidated, threatened, harassed, or annoyed; and

(d) Conduct arising from posting the message or writing caused a person to suffer emotional, mental, or physical distress, or to feel terrorized, frightened, intimidated, threatened, harassed, or annoyed.

(2) For the purpose of this section:

"Electronic communication" shall have the same meaning as provided in section 2510(12) of title 18 of the United States Code.

"Electronic communication device" includes, but is not limited to, telephones, cellular or digital mobile phones, computers, video recorders, fax machines, or pagers.

(3) Remote harassment is a misdemeanor and shall be punishable by a fine not to exceed $2,000, or a term of imprisonment not to exceed one year, or both."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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