HB 1665: AG; Terroristic Threatening; Reports; Electronic Communications; Protected Classes; Obstructing Government Operations; Educational Workers

A BILL FOR AN ACT

RELATING TO THE PENAL CODE.

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

     SECTION 1.  Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§28-     Terroristic threatening in the first degree; report.  The department of the attorney general shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2027, on the number of convictions of an offense under section 707-716(1)(g) through (i) by the department or the county prosecutors.  The department of the attorney general shall include in its report an equity review and demographic data analysis of the convictions included in the report."

     SECTION 2.  Section 707-715, Hawaii Revised Statutes, is amended to read as follows:

     "§707-715  Terroristic threatening, defined.  (1)  A person commits the offense of terroristic threatening if the person threatens, by word or conduct, including via any form of written or electronic communication, to cause bodily injury to another person or serious damage or harm to property, including the pets or livestock, of another or to commit a felony:

    [(1)] (a)  With the intent to terrorize, or in reckless disregard of the risk of terrorizing, another person; or

    [(2)] (b)  With intent to cause, or in reckless disregard of the risk of causing evacuation of a building, place of assembly, or facility of public transportation.

     (2)  For the purposes of this section, "electronic communication" shall have the same meaning as in section 711-1111 and shall include posts made on or messages sent through social media, as defined in section 200-3.2."

     SECTION 3.  Section 707-716, Hawaii Revised Statutes, is amended to read as follows:

     "§707-716  Terroristic threatening in the first degree.  (1)  A person commits the offense of terroristic threatening in the first degree if the person commits terroristic threatening:

     (a)  By threatening another person on more than one occasion for the same or a similar purpose;

     (b)  By threats made in a common scheme against different persons;

     (c)  Against a public servant arising out of the performance of the public servant's official duties.  For the purposes of this paragraph, "public servant" includes but is not limited to an educational worker.  "Educational worker" has the same meaning as defined in section 707-711;

     (d)  Against any emergency medical services provider who is engaged in the performance of duty.  For purposes of this paragraph, "emergency medical services provider" means emergency medical services personnel, as defined in section 321-222, and physicians, physician's assistants, nurses, nurse practitioners, certified registered nurse anesthetists, respiratory therapists, laboratory technicians, radiology technicians, and social workers, providing services in the emergency room of a hospital;

     (e)  With the use of a dangerous instrument or a simulated firearm.  For purposes of this section, "simulated firearm" means any object that:

          (i)  Substantially resembles a firearm;

         (ii)  Can reasonably be perceived to be a firearm; or

        (iii)  Is used or brandished as a firearm; [or]

     (f)  By threatening a person who:

          (i)  The defendant has been restrained from, by order of any court, including an ex parte order, contacting, threatening, or physically abusing pursuant to chapter 586; or

         (ii)  Is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order[.];

     (g)  Against an elderly person who has attained the age of sixty-two years;

     (h)  Against a child who is under the age of eighteen years; or

     (i)  Against a disabled person.

     (2)  Terroristic threatening in the first degree is a class C felony; provided that terroristic threatening in the first degree is a class B felony if [committed]:

     (a)  Committed with a firearm as defined in section 134-1, whether the firearm was loaded or not, and whether operable or not, or a simulated firearm, while in one of the locations or premises listed in section 134-9.1(a)[.]; or

     (b)  Committed against a person as identified in subsection (1)(g) through (i).

     (3)  The requisite state of mind for subsection (1)(g) or (1)(h) of this offense shall not be applicable to the fact that the person who was threatened was sixty-two years of age or older or was under the age of eighteen years.  A person shall be strictly liable with respect to the attendant circumstance that the person who was threatened was sixty-two years of age or older, or under the age of eighteen years.

A U.S. military police officer is not a "public servant" for purposes of this section.  552 F. Supp. 2d 1108 (2008)."

     SECTION 4.  Section 710-1010, Hawaii Revised Statutes, is amended to read as follows:

     §710-1010  Obstructing government operations.  (1)  A person commits the offense of obstructing government operations if, by using or threatening to use violence, force, or physical interference or obstacle, the person intentionally obstructs, impairs, or hinders:

     (a)  The performance of a governmental function by a public servant acting under color of the public servant's official authority;

     (b)  The enforcement of the penal law or the preservation of the peace by a law enforcement officer acting under color of the law enforcement officer's official authority; or

     (c)  The operation of a radio, telephone, television, or other telecommunication system owned or operated by the State or one of its political subdivisions.

     (2)  This section does not apply to:

     (a)  The obstruction, impairment, or hindrance of the making of an arrest;

     (b)  The obstruction, impairment, or hindrance of any governmental function, as provided by law, in connection with a labor dispute with the government; or

     (c)  A person who is making a video or audio recording or taking a photograph of a law enforcement officer while the officer is in the performance of the officer's duties in a public place or under circumstances in which the officer has no reasonable expectation of privacy; provided that the officer may take reasonable action to maintain safety and control, secure crime scenes and accident sites, protect the integrity and confidentiality of investigations, and protect the public safety and order.

     (3)  Obstruction of government operations is a misdemeanor.

     (4)  Notwithstanding any law to the contrary, any offense under subsection (1)(a) or (1)(d) shall be a class B felony."

     SECTION 5.  Section 710-1010, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     §710-1010  Obstructing government operations.  (1)  A person commits the offense of obstructing government operations if, by using or threatening to use violence, force, or physical interference or obstacle, the person intentionally obstructs, impairs, or hinders:

     (a)  The performance of a governmental function by a public servant acting under color of the public servant's official authority;

     (b)  The enforcement of the penal law or the preservation of the peace by a law enforcement officer acting under color of the law enforcement officer's official authority; [or]

     (c)  The operation of a radio, telephone, television, or other telecommunication system owned or operated by the State or one of its political subdivisions[.]; or

     (d)  The performance of a governmental function by an educational worker, as defined in 707-711(e), acting under the color of the educational worker's official authority."

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

     SECTION 8.  This Act shall take effect on July 1, 3000.

Report Title:

AG; Terroristic Threatening; Reports; Electronic Communications; Protected Classes; Obstructing Government Operations; Educational Workers

Description:

Requires the Department of the Attorney General to submit annual reports to the Legislature pertaining to the offense of terroristic threatening in the first degree.  Expands the definition of "terroristic threatening" to include any form of written or electronic communication.  Includes additional protected classes that designate the offense of terroristic threatening in the first degree as a class B felony.  Amends the offense of obstructing government operations to include obstructing the performance of a governmental function by an educational worker acting in an official capacity.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to the penal code.

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

     SECTION 1.  Chapter 28, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§28-     Terroristic threatening in the first degree; report.  The department of the attorney general shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2027, on the number of convictions of an offense under section 707-716(1)(g) through (k) by the department or the county prosecutors.  The department of the attorney general shall include in its report an equity review and demographic data analysis of the convictions included in the report."

     SECTION 2.  Section 707-715, Hawaii Revised Statutes, is amended to read as follows:

     "§707-715  Terroristic threatening, defined.  (1)  A person commits the offense of terroristic threatening if the person threatens, by word or conduct, including via any form of written or electronic communication, to cause bodily injury to another person or serious damage or harm to property, including the pets or livestock, of another or to commit a felony:

    [(1)] (a)  With the intent to terrorize, or in reckless disregard of the risk of terrorizing, another person; or

    [(2)] (b)  With intent to cause, or in reckless disregard of the risk of causing evacuation of a building, place of assembly, or facility of public transportation.

     (2)  For the purposes of this section, "electronic communication" shall have the same meaning as in section 711-1111 and shall include posts made on or messages sent through social media, as defined in section 200-3.2."

     SECTION 3.  Section 707-716, Hawaii Revised Statutes, is amended to read as follows:

     "§707-716  Terroristic threatening in the first degree.  (1)  A person commits the offense of terroristic threatening in the first degree if the person commits terroristic threatening:

     (a)  By threatening another person on more than one occasion for the same or a similar purpose;

     (b)  By threats made in a common scheme against different persons;

     (c)  Against a public servant arising out of the performance of the public servant's official duties.  For the purposes of this paragraph, "public servant" includes but is not limited to an educational worker.  "Educational worker" has the same meaning as defined in section 707-711;

     (d)  Against any emergency medical services provider who is engaged in the performance of duty.  For purposes of this paragraph, "emergency medical services provider" means emergency medical services personnel, as defined in section 321-222, and physicians, physician's assistants, nurses, nurse practitioners, certified registered nurse anesthetists, respiratory therapists, laboratory technicians, radiology technicians, and social workers, providing services in the emergency room of a hospital;

     (e)  With the use of a dangerous instrument or a simulated firearm.  For purposes of this section, "simulated firearm" means any object that:

          (i)  Substantially resembles a firearm;

         (ii)  Can reasonably be perceived to be a firearm; or

        (iii)  Is used or brandished as a firearm; [or]

     (f)  By threatening a person who:

          (i)  The defendant has been restrained from, by order of any court, including an ex parte order, contacting, threatening, or physically abusing pursuant to chapter 586; or

         (ii)  Is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order[.];

     (g)  Against public infrastructure, including schools;

     (h)  Against a federal, state, or county government agency;

     (i)  Against an elderly person who has attained the age of sixty-two years;

     (j)  Against a child who is under the age of eighteen; or

     (k)  Against a disabled person.

     (2)  Terroristic threatening in the first degree is a class C felony; provided that terroristic threatening in the first degree is a class B felony if [committed]:

     (a)  Committed with a firearm as defined in section 134-1, whether the firearm was loaded or not, and whether operable or not, or a simulated firearm, while in one of the locations or premises listed in section 134-9.1(a)[.]; or

     (b)  Committed against a location or person as identified in subsection (1)(g) through (k).

A U.S. military police officer is not a "public servant" for purposes of this section.  552 F. Supp. 2d 1108 (2008)."

     SECTION 4.  By January 1, 2027, the judiciary shall promulgate rules necessary to carry out the purpose and intent of sections 707-715 and 707-716, Hawaii Revised Statutes.

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

Report Title:

Judiciary; Department of the Attorney General; Terroristic Threatening; Electronic Communications; Report

Description:

Expands the definition of "terroristic threatening" to include electronic communications, including posts made on or messages sent through social media.  Specifies that terroristic threatening against public infrastructure, including schools; a federal, state, or county government agency; an elderly person who has attained the age of sixty-two years; a child who is under the age of eighteen; or a disabled person is a Class B felony.  Requires annual reports to the Legislature.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  380-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1665

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Human Services & Homelessness, to which was referred H.B. No. 1665 entitled:

"A BILL FOR AN ACT RELATING TO THE PENAL CODE,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Require the Department of the Attorney General to submit annual reports to the Legislature pertaining to the offense of terroristic threatening in the first degree;

     (2)  Expand the definition of "terroristic threatening" to include any form of written or electronic communication;

     (3)  Include additional protected classes that designate the offense of terroristic threatening in the first degree as a class B felony; and

     (4)  Require the Judiciary to adopt rules related to the purpose and intent of terroristic threatening in the first degree.

     Your Committee received testimony in support of this measure from the Department of Education; Hawaiʻi Government Employees Association, AFSCME Local 152, AFL-CIO; and Hawaiʻi State Teachers Association.  Your Committee received testimony in opposition to this measure from the Office of the Public Defender.  Your Committee received comments on this measure from the Judiciary and Department of the Attorney General.

     Your Committee finds that online threats made against schools and school employees have risen at an alarming rate.  Educators have also seen extensive campus and classroom disruptions related to social media.  This measure attempts to address this issue by expanding various elements of the offense of terroristic threatening in the first degree.

     However, your Committee notes several points in the testimony by the Department of the Attorney General (Attorney General) and Office of the Public Defender (Public Defender), which warrant further discussion as this measure moves through the legislative process.  The Attorney General suggested adding a definition for "disabled person" to encompass the specific protected class of individuals the Legislature intends to include.  The Attorney General also noted that the offense of terroristic threatening in the first degree involving a child under the age of eighteen may have unintended consequences that involve family interactions the amended offense may not intend to criminalize.  Finally, to ensure compliance with the data collection requirements under this measure, the Attorney General requested clarification regarding what is intended by this measure's requirement for "an equity review and demographic data analysis of the convictions".

     Your Committee also notes the testimony from the Public Defender that this measure does not distinguish when an accused person is within the same protected age class as the victim.  Accordingly, this measure may subject a minor accused of threatening another minor or a senior accused of threatening another senior to the same enhanced felony penalties as an adult offender targeting these protected classes.

     Your Committee has amended this measure by:

     (1)  Deleting public infrastructure and government agencies from the list of protected classes that designate terroristic threatening in the first degree as a class B felony;

     (2)  Assigning strict liability for the state of mind required when a defendant commits the offense of terroristic threatening in the first degree against a victim over sixty-two years of age or under the age of eighteen;

     (3)  Amending the offense of obstructing government operations to include obstructing the performance of a governmental function by an educational worker acting in an official capacity;

     (4)  Deleting language that required the Judiciary to promulgate rules;

     (5)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (6)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Human Services & Homelessness that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1665, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1665, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Human Services & Homelessness,