§711-1100 Definitions. In this chapter, unless a different meaning is plainly required, or the definition is otherwise limited by this section:
"Animal" includes every living creature, except a human being.
"Cruelty", "torture" or "torment" includes every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted.
"Facsimile" means a document produced by a receiver of signals transmitted over telecommunication lines, after translating the signals, to produce a duplicate of an original document.
"Necessary sustenance" means care sufficient to preserve the health and well-being of a pet animal, except for emergencies or circumstances beyond the reasonable control of the owner or caretaker of the pet animal, and includes but is not limited to the following requirements:
(1) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight;
(2) Open or adequate access to water in sufficient quantity and quality to satisfy the animal's needs;
(3) Access to protection from wind, rain, or sun; and
(4) An area of confinement that has adequate space necessary for the health of the animal and is kept reasonably clean and free from excess waste or other contaminants that could affect the animal's health.
"Obstructs" means renders impassable without unreasonable inconvenience or hazard.
"Pet animal" means a dog, cat, rabbit, guinea pig, domestic rat or mouse, or caged birds (passeriformes, piciformes, and psittaciformes only).
"Private place" means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group thereof has access.
"Public" means affecting or likely to affect a substantial number of persons.
"Public place" means a place to which the public or a substantial group of persons has access and includes highways, transportation facilities, schools, places of amusement or business, parks, playgrounds, prisons, and hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.
"Record", for the purposes of sections 711-1110.9 and 711-1111, means to videotape, film, photograph, or archive electronically or digitally. [L 1972, c 9, pt of §1; am L 1986, c 192, §3; am L 1987, c 176, §4; am L 1992, c 292, §3; am L 1998, c 173, §1; am L 2003, c 48, §1; am L 2004, c 83, §1]
Revision Note
Definitions rearranged.
COMMENTARY ON §711-1100
This section is definitional only and, of course, specifies no offense. A discussion of the definitions in this section, when needed or appropriate, is found in the commentary to the substantive offenses employing the terms defined.
SUPPLEMENTAL COMMENTARY ON §711-1100
The Code as adopted added Items (5) and (6). The Proposed Draft did not contain these items.
Act 192, Session Laws 1986, amended the definition of "animal" to exclude human beings, thereby foreclosing the possible interpretation of the statute to include within the offense persons engaged in boxing. House Conference Committee Report No. 37-86, Senate Conference Committee Report No. 27-86, and House Standing Committee Report No. 392.
Act 292, Session Laws 1992, amended this section by adding the definition of "facsimile" to strengthen the laws against harassment. Conference Committee Report No. 57.
Act 173, Session Laws 1998, amended this section by adding the definitions of "pet animal" and "necessary sustenance". Act 173 protected pet animals in Hawaii from neglect by defining minimum standards of care. The legislature found that pet animals deserved at least the minimum care of food, water, and protection from the elements. Act 173 established guidelines to be used to prevent the neglect and abuse of pet animals. Conference Committee Report No. 87.
Act 48, Session Laws 2003, amended this section by adding the definition of "record". The legislature found that advancement in technology has provided opportunity for "video voyeurism" in public places. A change in the offense of violation of privacy would address the growing concern for the offensive practice of "upskirt photography". House Standing Committee Report No. 1316.
Act 83, Session Laws 2004, amended the definition of "record" to include digital recordings within the purview of privacy offenses. Act 83 made statutory amendments to the existing privacy law in order to prohibit the inappropriate use of new digital technologies, such as cellular phones, that are capable of taking digital photographs and transmitting those images. House Standing Committee Report No. 1174-04; Conference Committee Report No. 43-04.