HOUSE OF REPRESENTATIVES

H.B. NO.

2295

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CYBERBULLYING.

 

 

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

 


     SECTION 1.  Chapter 711, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§711-     Harassment by cyberbullying.  (1)  A person commits the offense of harassment by cyberbullying if, with intent to harass, annoy, or alarm another person, or in reckless disregard of the risk thereof, that person engages in conduct involving pursuit, surveillance, digital nuisance, or nonconsensual contact upon the other person without legitimate purpose by means of electronic communication.

     (2)  A person convicted under this section may be required to undergo a counseling program as ordered by the court.

     (3)  As used in this section:

     "Digital nuisance" means electronic communication that causes mental or physical harm and is sufficiently severe, persistent, or pervasive that it creates an intimidating, threatening, or abusive environment.

     "Electronic communication" shall have the same meaning as provided in section 711-1111.

     "Nonconsensual contact" shall have the same meaning as provided in 711-1106.5.

     (4)  Harassment by cyberbullying is a petty misdemeanor."

     SECTION 2.  Section 708-890, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Digital nuisance" shall have the same meaning as provided in section 711-    ."

     SECTION 3.  Section 708-893, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of use of a computer in the commission of a separate crime if the person:

     (a)  Intentionally uses a computer to obtain control over the property of the victim to commit theft in the first or second degree; or

     (b)  Knowingly uses a computer to identify, select, solicit, persuade, coerce, entice, induce, [or] procure, pursue, survey, contact, or cause a digital nuisance for the victim or intended victim of the following offenses:

         (i)  Section 707-726, relating to custodial interference in the first degree;

        (ii)  Section 707-727, relating to custodial interference in the second degree;

       (iii)  Section 707-731, relating to sexual assault in the second degree;

        (iv)  Section 707-732, relating to sexual assault in the third degree;

         (v)  Section 707-733, relating to sexual assault in the fourth degree;

        (vi)  Section 707-751, relating to promoting child abuse in the second degree; [or]

       (vii)  Section 712-1215, relating to promoting pornography for minors[.]; or

      (viii)  Section 711-   , relating to harassment by cyberbullying."

     SECTION 4.  The provisions of this Act shall be liberally construed to give effect to the purposes thereof.

     SECTION 5.  Nothing in this Act is intended to interfere with the First Amendment rights of free speech and expression of any person affected.

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on January 7, 2059.



 

Report Title:

Cyberbullying; Penal Code

 

Description:

Establishes the offense of harassment by cyberbullying.  Defines "digital nuisance". Amends the offense of use of a computer in the commission of a separate crime to include harassment by cyberbullying. Effective January 7, 2059. (HB2295 HD1)

 

 

 

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