Report Title:
Penal Code; Disorderly Conduct; Music
Description:
Clarifies disorderly conduct offense to include music containing lyrics that is played to incite violent activity.
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THE SENATE |
S.B. NO. |
127 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO DISORDERLY CONDUCT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 711-1101, Hawaii Revised Statutes, is amended to read as follows:
"§711-1101 Disorderly conduct. (1) A person commits the offense of disorderly conduct if, with intent to cause physical inconvenience or alarm by a member or members of the public, or recklessly creating a risk thereof, the person:
(a) Engages in fighting or threatening, or in violent
or tumultuous behavior; [or]
(b) Makes unreasonable noise; [or]
(c) Subjects another person to offensively coarse
behavior or abusive language [which] that is likely to provoke a
violent response; [or]
(d) Creates a hazardous or physically offensive
condition by any act [which] that is not performed under any
authorized license or permit; [or]
(e) Impedes or obstructs, for the purpose of begging
or soliciting alms, any person in any public place or in any place open to the
public[.]; or
(f) Personally performs or plays a recording of violent music in a public place as defined in section 711‑1111.
(2) Noise is unreasonable, within the meaning
of subsection (1)(b)[,] if:
(a) [considering]
Considering the nature and purpose of the person's conduct and the
circumstances, including the nature of the location and the time of the day
or night, that are known to the person, [including the nature of the
location and the time of the day or night,] the person's conduct involves a
gross deviation from the standard of conduct that a law-abiding citizen would
follow in the same situation; or
(b) [the
failure] The person fails to heed the admonition of a police officer
that the noise is unreasonable and should be stopped or reduced.
The renter, resident, or owner-occupant of [the]
a premises who knowingly or negligently consents to unreasonable noise
on the premises shall be guilty of a noise violation.
(3) Music is violent within the meaning of subsection (1)(f), if a song contains lyrics that increase aggression-related thoughts and emotions that can influence perceptions of ongoing social interactions, coloring them with an aggressive tint. Music is violent if the aggression-biased interpretations of the music's lyrics can instigate, in turn, a more aggressive response, whether verbal or physical or both, than would have been evoked in a nonbiased state, thus provoking an aggressive escalatory spiral of antisocial exchanges.
[(3)] (4) Disorderly conduct is
a petty misdemeanor if it is the defendant's intention to cause substantial
harm or serious inconvenience, or if the defendant persists in disorderly
conduct after reasonable warning or request to desist. Otherwise disorderly
conduct is a violation."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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