Report Title:

Penal Code; Harassment; Cyberbullying

Description:

Prohibits a person, with the intent to harass, annoy, or alarm any other person, from making a communication that would: (1) cause the other person to reasonably feel emotional or physical distress; or (2) disrupt the orderly conduct of any institution.  Defines communication to include, among other things, by cellular call, electronic mail transmission, or computer.  Increases the penalty for harassment to a misdemeanor.  (SB2436 SD1)

THE SENATE	S.B. NO.	2436
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

relating to Crime.

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

     SECTION 1.  Section 711-1106, Hawaii Revised Statutes, is amended to read as follows:

     "§711-1106  Harassment.  (1)  A person commits the offense of harassment if, with intent to harass, annoy, or alarm any other person, that person:

    (a)   Strikes, shoves, kicks, or otherwise touches another person in an offensive manner or subjects the other person to offensive physical contact;

    (b)   Insults, taunts, or challenges another person in a manner likely to provoke an immediate violent response or that would cause the other person to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another;

    (c)   Repeatedly makes telephone calls, facsimile, or electronic mail transmissions without purpose of legitimate communication;

    (d)   Repeatedly makes a communication anonymously or at an extremely inconvenient hour;

    (e)   Repeatedly makes communications, after being advised by the person to whom the communication is directed that further communication is unwelcome; [or]

    (f)   Makes a communication using offensively coarse language that would cause the recipient to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another[.];

(g) Makes a communication that would cause the other person to reasonably feel emotional or physical distress; or

(h) Makes a communication that would disrupt the orderly conduct of any institution, such as a school or business.

     (2)  Harassment is a [petty] misdemeanor.

(3)  For purposes of this section, unless otherwise specified, "communication" means conveying signs, signals, writing, images, sounds, data, or other intelligence by telephone call, cellular call, facsimile, electronic mail transmission, computer, pager, or video recorder."

     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.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2050.