Bill Text: HI SB2539 | 2012 | Regular Session | Amended
Bill Title: Harassment by Cyberbullying; Establishment; Penalty
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-17 - (S) Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDL. [SB2539 Detail]
Download: Hawaii-2012-SB2539-Amended.html
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THE SENATE |
S.B. NO. |
2539 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CYBERBULLYING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that across the country, states are grappling with escalating instances of cyberbullying and their often tragic results. Currently, twenty-five states have passed laws against cyberbullying, and most states direct local school districts on how to deal with cyberbullying – ranging from training personnel to disciplining students.
The department of education and board of education have both rules and policies governing cyberbullying. Legislation was passed in 2011 to require the monitoring and enforcement of these policies, however concerns were raised that this legislation would not provide protection during non-school hours or to non-department of education students and the general public.
The legislature further finds that currently, the department refers cyberbullying issues to the police. The police, however, are hampered in their response because there is no clear penalty for cyberbullying.
The purpose of this Act is to provide greater protection for victims of cyberbullying by establishing an offense of harassment by cyberbullying as a class C felony.
SECTION 2. 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 the intent to harass, annoy, or alarm another person, or in reckless disregard of the risk thereof, that person:
(a) (i) Posts a message or statement in a public media forum about any other person;
(ii) Knows that the message or statement is false or intentionally misleading; and
(iii) Authors a message or statement that a reasonable person would believe to be damaging to the character or reputation of the other person; or
(b) (i) Transmits a message or statement by means of electronic communication to other persons about another person;
(ii) Knows that the message or statement is false or intentionally misleading; and
(iii) Authors a message or statement that a reasonable person would believe to be damaging to the character or reputation of the other person.
(2) As used in this section:
"Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system.
"Public media forum" means the Internet or any other medium designed or intended to be used to convey information to other individuals, regardless of whether a membership or password is required to view the information, and includes but is not limited to social media networks and blogs.
(3) Harassment by cyberbullying is a class C felony."
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 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 711- , relating to harassment by cyberbullying; or
[(vii)] (viii) Section 712-1215,
relating to promoting pornography for minors."
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. 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, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval.
Report Title:
Harassment by Cyberbullying; Establishment; Penalty
Description:
Establishes an offense of harassment by cyberbullying as a class C felony. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
