Update:
The senate is going forward with a dedicated cyberbullying bill that adds a new statute to be designated as 711 ____ (TBD), instead of amending the 711-1106 harassment statute.
At the time I started this topic, there was a cyberbullying bill that had been deferred. This was a bill introduced in 2011 and held over into 2012 IIRC. I remember looking at its status and there was a comment that an Oahu based prosecutor had recommended that the harassment statute would suffice to prosecute the offenses.
It appears the Attorney General's office has recommended that a cyberbullying measure go forward with some additional wording proposed by the A.G.'s office. It is much more specific than the harassment statute, and it creates a new Class C felony, whereas harassment is a misdemeanor for first offense.
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excerpt from email from Sen. Carol Fukunaga, chair of EDT committee, to Tiffany Edwards Hunt, published on Big Island Chronicle this week:
http://www.bigislandchronicle.com/2012/0...gislation/
quote:
we subsequently deferred action on SB 2104 because the Attorney GeneralÕs office came up with a stronger remedy, with proposed statutory amendments inserted into SB 2539, Relating to Cyberbullying: http://www.capitol.hawaii.gov/measure_in...illtype=SB&billnumber=2539
Even though the cyberbullying measure was initially proposed to address the impacts upon youthful/impressionable teenagers, the Attorney GeneralÕs language provides increased protection for the offensive conduct you sought to address via SB 2104.
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Here is the section of the current proposed bill relevant to cyberbullying (see full measure for the complete language):
quote:
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 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.
Measure status:
http://www.capitol.hawaii.gov/measure_in...illtype=SB&billnumber=2539
Link describing some amendments it underwent:
http://www.capitol.hawaii.gov/session201...R2367_.HTM
Earlier version:
http://www.capitol.hawaii.gov/session201...B2539_.HTM
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