Case Notes

For purposes of establishing subject matter jurisdiction, defendant who placed threatening telephone call from California to Hawaii engaged in conduct occurring within Hawaii. 72 H. 591, 825 P.2d 1062.

Court erred in concluding section requires threat to be communicated directly or indirectly to person and that communication of threat to third party was insufficient. 75 H. 398, 862 P.2d 1063.

Section not unconstitutional where threats sufficiently unequivocal, unconditional, immediate, and specific as to convey a gravity of purpose and imminent prospect of execution. 75 H. 398, 862 P.2d 1063.

Double jeopardy clause of Hawaii constitution did not bar terroristic threatening prosecution of defendant who had been found guilty of abuse under §709-906. 75 H. 446, 865 P.2d 150.

Terroristic threatening not a lesser included offense of intimidating a witness within the meaning of §701-109(4)(a); multiple conviction of terroristic threatening and intimidating a witness not barred by §701-109(4)(c). 75 H. 517, 865 P.2d 157.

Where no evidence was presented that any "dangerous instrument" other than a firearm was involved, which established an element of the underlying felony under this section, §134-6(a) did not apply. 83 H. 229, 925 P.2d 797.

Terroristic threatening in second degree can be an offense included in terroristic threatening in first degree; trial court’s failure to instruct jury on the lesser included offense was not plain error, where defendant contended there was a rational basis in the record for jury to decide that, although defendant made a terroristic threat, defendant did not do so with a dangerous instrument as defined in §707-700. 10 H. App. 584, 880 P.2d 213.

Terroristic threatening charge under paragraph (1)(d) remanded for prosecutorial misconduct and where evidence of defendant's violation of furlough was not a fact of consequence to any material issue under this section. 82 H. 517 (App.), 923 P.2d 934.

One may be charged with a violation of subsection (1)(d) when a dangerous instrument is employed in connection with a threat to property as proscribed by §707-715. 88 H. 477 (App.), 967 P.2d 674.