Bill Text: HI SB2310 | 2024 | Regular Session | Introduced
Bill Title: Relating To Harassment.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Engrossed) 2024-03-13 - The committee(s) on JHA recommend(s) that the measure be deferred. [SB2310 Detail]
Download: Hawaii-2024-SB2310-Introduced.html
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THE SENATE |
S.B. NO. |
2310 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to harassment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§711- Harassment by use of location tracker. (1) A
person commits the offense of harassment by use of location tracker if that
person uses a location tracker with the intent to harass, stalk, or perpetuate
a crime against another person without their knowledge.
(2) For purposes of this section,
"location tracker" means an electronic or mechanical device that
allows a person to remotely determine or track the position or movement of
another person or an object. The term
includes the following:
(a) A device that stores geographic data
for subsequent access or analysis;
(b) A device that allows real-time
monitoring or movement;
(c) An unmanned aerial vehicle as
defined in section 188‑23.5; or
(d) A cellular telephone or other wireless or cellular communications device, or an electronic device that communicates with a cellular telephone or other wireless or cellular communications device, including by means of an application installed on or accessed through a cellular telephone or other wireless or cellular communications device.
(3) Harassment by use of location
tracker is a misdemeanor."
SECTION 2. Section 711-1111, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of violation of privacy in the second degree if, except in the execution of a public duty or as authorized by law, the person intentionally:
(a) Trespasses on property for the purpose of subjecting anyone to eavesdropping or other surveillance in a private place;
(b) Peers or peeps into a window or other
opening of a dwelling or other structure adapted for sojourn or overnight
accommodations for the purpose of spying on the occupant [thereof] or
invading the privacy of another person with a lewd or unlawful purpose, under
circumstances in which a reasonable person in the dwelling or other structure
would not expect to be observed;
(c) Trespasses on property for the sexual gratification of the actor;
(d) Installs or uses, or both, in any private place, without consent of the person or persons entitled to privacy therein, any means or device for observing, recording, amplifying, or broadcasting sounds or events in that place other than another person in a stage of undress or sexual activity; provided that this paragraph shall not prohibit a person from 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 and the person is not interfering with the officer's ability 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;
(e) Installs or uses outside a private place any device for hearing, recording, amplifying, or broadcasting sounds originating in that place which would not ordinarily be audible or comprehensible outside, without the consent of the person or persons entitled to privacy therein;
(f) Covertly records or broadcasts an image of another person's intimate area underneath clothing, by use of any device, and that image is taken while that person is in a public place and without that person's consent;
(g) Intercepts, without the consent of the sender or receiver, a message or photographic image by telephone, telegraph, letter, electronic transmission, or other means of communicating privately; but this paragraph does not apply to:
(i) Overhearing of messages through a regularly installed instrument on a telephone party line or an extension; or
(ii) Interception by the telephone company, electronic mail account provider, or telephone or electronic mail subscriber incident to enforcement of regulations limiting use of the facilities or incident to other operation and use;
(h) Divulges, without the consent of the
sender or the receiver, the existence or contents of any message or
photographic image by telephone, telegraph, letter, electronic transmission, or
other means of communicating privately, if the accused knows that the message
or photographic image was unlawfully intercepted or if the accused learned of
the message or photographic image in the course of employment with an agency
engaged in transmitting it; [or]
(i) Knowingly possesses materials created
under circumstances prohibited in section 711-1110.9[.]; or
(j) Commits harassment by use of
location tracker prohibited in section 711- ."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Location Tracker; Harassment; Criminal Law; Penalty
Description:
Prohibits a person from using a location tracker to harass, stalk, or perpetuate a crime against another person without their knowledge.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
