HOUSE OF REPRESENTATIVES

H.B. NO.

1220

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to public safety.

 

 

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

 


     SECTION 1.  The legislature finds that the significant rise in online harassment and attacks that has occurred in the last ten years, particularly as national and international internet usage has increased exponentially, and where protective legislation has lagged woefully behind.  This includes, more recently, individuals feeling empowered by the increasingly polarized global political climate to release their grievances, anger, and hate online and direct the same at specific individuals due, in part, to the lack of any real consequences as a result thereof. 

The legislature further finds that more appropriate remedies and more substantial penalties are particularly important where among the most frequently targeted groups of these increased attacks are women and members of disenfranchised minority communities, both ethnic as well as sexual, and where their complaints as to the same have gone largely unheeded, leaving them feeling victimized and vulnerable.

The purpose of this Act is to:

     (1)  Prohibit cyber harassment and cyberstalking; and

     (2)  Allow for civil liabilities and injunctions for cyber harassment and cyberstalking.

     SECTION 2.  Chapter 603, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§603-    Action to enjoin violation of section 711-  .   (a)  Any person may maintain an action to enjoin a continuance of any act in violation of section 711-  . 

     (b)  A person who is the victim of cyber harassment or cyberstalking, or the parent or legal guardian of a minor child who is living at home, who seeks an injunction for protection against cyber harassment or cyberstalking on behalf of the minor child has standing in the court to file a petition for an injunction for protection against cyber harassment and cyberstalking.

     (c)  The cause of action for an injunction for protection may be sought regardless of whether any other cause of action is currently pending between the parties.  However, the pendency of any cause of action shall be alleged in the petition.

     (d)  The cause of action for an injunction does not require either party to be represented by an attorney.

     (e)  The court shall not issue mutual orders of protection; however, the court is not precluded from issuing separate injunctions for protection against cyber harassment and cyberstalking if each party has complied with section 711-  . Compliance with section 711-   shall not be waived.

     (f)  In addition to orders of protection, the court may also issue an order of no-contact, which may include an absolute prohibition on referencing or alluding to the aggrieved person via any electronic device or social networking site.  This relief may include, at the court's discretion, an order to delete any and all offending accounts owned or accessible by the perpetrator through any electronic device."

     SECTION 3.  Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§663-    Cyber harassment and cyberstalking liability.  In addition to criminal penalties, an aggrieved person may initiate a civil action against any person or entity who violates section 711-   in order to obtain all appropriate relief, including but not limited to the following:

     (1)  Monetary damages, including punitive damages; and

     (2)  Reasonable attorneys' fees and costs."

     SECTION 4.  Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§711-    Cyber harassment and cyberstalking.  (1)  A person commits the offense of cyber harassment and cyberstalking if, while making one or more electronic communication via any electronic device or through any social networking site, and with the purpose of harassing, intimidating, tormenting, or embarrassing another, the person communicates or causes to be communicated, posts or causes to be posted, displays or causes to be displayed, or distributes or causes to be distributed information that:

    (a)   Threatens or alludes to the infliction of injury or physical harm to the victim, to any person related to, or affiliated with the victim, or to the personal property of the victim;

    (b)   Contains false statements concerning the death, injury, illness, disfigurement, indecent conduct, or criminal conduct of the victim;

    (c)   Contains lewd, indecent, or obscene material to or about the victim that would emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to their person; or

    (d)   Entices, excites or aggravates any other person to engage in a similar type of conduct as stated in paragraphs (a), (b), and (c).

     (2)  Cyber harassment and cyberstalking is a misdemeanor for the first offense and a class C felony for the second or subsequent offense.

     (3)  Prosecution under this section does not preclude prosecution under any other law.  Nothing in this section is intended to affect any civil remedies available for a violation of this section.

     (4)  Any person, including any minor under the age of eighteen, who is adjudicated delinquent for cyber harassment or cyberstalking, may be ordered by the court as a condition of the sentence (in the event the person is a minor under the age of eighteen, then accompanied by a parent or guardian), to complete, in a satisfactory manner, one or both of the following:

    (a)   A class or training program intended to reduce the tendency toward cyber harassment behavior; or

    (b)   A class or training program intended to bring awareness to the dangers associated with cyber-harassment.

Any person, including any parent or guardian who fails to comply with a condition imposed by the court pursuant to this subsection, shall be fined not more than $500 for a first offense and not more than $1,000 for each subsequent offense.

     (5)  The court may infer that a person acted with a purpose to harass another within the meaning of this section if the person knows or should have known that any of the person's actions constitute an offense herein.

     (6)  For purposes of this section:

     "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose.

     "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system.

     "Electronic device" includes telephones, cell phones, computers, internet web pages or sites, internet phones, e-mail, text messages, video messages, personal data assistants, video recorders, fax machines, and any and all other devices capable of transmitting data or sending signals to another.

     "Harass" means a knowing and wilful course of conduct directed at a specific person that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing and that serves no legitimate purpose.

     "Social networking site" means an internet website, the primary purpose of which is facilitating social interaction with other users of the website and has the following capabilities:

     (a)  Allows users to create web pages or profiles about themselves that are available to the general public or to any other users; and

     (b)  Offers a mechanism for communication among users."    

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Cyber Harassment; Cyberstalking; Prohibition; Civil Liabilities; Injunction

 

Description:

Prohibits cyber harassment and cyberstalking.  Allows for civil liabilities and injunctions for cyber harassment and cyberstalking.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.