711 Offense Against Public Order

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if, with intent to cause physical inconvenience or alarm by a member or members of the public, or recklessly creating a risk thereof, the person: (a) Engages in fighting or threatening, or in violent or tumultuous behavior; (b) Makes unreasonable noise; (c) Subjects another person to offensively coarse behavior or abusive language which is likely to provoke a violent response; (d) Creates a hazardous or physically offensive condition by any act which is not performed under any authorized license or permit; or (e) Impedes or obstructs, for the purpose of begging or soliciting alms, any person in any public place or in any place open to the public. (2) Noise is unreasonable, within the meaning of subsection (1)(b), if considering the nature and purpose of the person's conduct and the circumstances known to the person, including the nature of the location and the time of the day or night, the person's conduct involves a gross deviation from the standard of conduct that a law-abiding citizen would follow in the same situation; or the failure to heed the admonition of a police officer that the noise is unreasonable and should be stopped or reduced. The renter, resident, or owner-occupant of the premises who knowingly or negligently consents to unreasonable noise on the premises shall be guilty of a noise violation.

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Disorderly Conduct

(PM)If Meant to Cause Substantial Harm or Inconvenience

otherwise:

Violation

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When six or more persons are participating in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance, or alarm, a law enforcement officer may order the participants and others in the immediate vicinity to disperse. (2) A person commits the offense of failure to disperse if the person knowingly fails to comply with an order made pursuant to subsection (1).

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Failure to Disperse (M)

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if the person participates with five or more other persons in a course of disorderly conduct: (a) With intent to commit or facilitate the commission of a felony; or (b) When the person or any other participant to the person's knowledge uses or intends to use a firearm or other dangerous instrument in the course of the disorderly conduct.

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Riot (C)

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if: (a) The person assembles with five or more other persons with intent to engage in conduct constituting a riot; or (b) Being present at an assembly that either has or develops a purpose to engage in conduct constituting a riot, the person remains there with intent to advance that purpose.

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Unlawful Assembly (M)

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if, whether alone or with others and having no legal privilege to do so, the person knowingly or recklessly: (a) Obstructs any highway or public passage; or (b) Provides less than thirty-six inches of space for passage on any paved public sidewalk. (2) A person in a gathering commits the offense of obstructing if the person refuses to obey a reasonable request or order by a law enforcement officer: (a) To move to prevent or to cease any activity prohibited under subsection (1); or (b) To move to maintain public safety by dispersing those gathered in dangerous proximity to a public hazard. (3) An order to move under subsection (2)(a), addressed to a person whose speech or other lawful behavior attracts an obstructing audience, is not reasonable if the obstruction can be readily remedied by police control. (4) A person is not guilty of violating subsection (1) solely because persons gather to hear the person speak or because the person is a member of such a gathering.

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Obstructing

(PM) if after warned persists

Otherwise:

Violation

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if, with intent to harass, annoy, or alarm any other person, that person: (a) Strikes, shoves, kicks, or otherwise touches another person in an offensive manner or subjects the other person to offensive physical contact; (b) Insults, taunts, or challenges another person in a manner likely to provoke an immediate violent response or that would cause the other person to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another; (c) Repeatedly makes telephone calls, facsimile transmissions, or any form of electronic communication as defined in section 711-1111(2), including electronic mail transmissions, without purpose of legitimate communication; (d) Repeatedly makes a communication anonymously or at an extremely inconvenient hour; (e) Repeatedly makes communications, after being advised by the person to whom the communication is directed that further communication is unwelcome; or (f) Makes a communication using offensively coarse language that would cause the recipient to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another.

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Harassment (PM)

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if, with intent to harass, annoy, or alarm another person, or in reckless disregard of the risk thereof, that person engages in a course of conduct involving pursuit, surveillance, or nonconsensual contact upon the other person on more than one occasion without legitimate purpose. (2) A person convicted under this section may be required to undergo a counseling program as ordered by the court. (3) For purposes of this section, "nonconsensual contact" means any contact that occurs without that individual's consent or in disregard of that person's express desire that the contact be avoided or discontinued. Nonconsensual contact includes direct personal visual or oral contact and contact via telephone, facsimile, or any form of electronic communication, as defined in section 711-1111(2), including electronic mail transmission.

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Harassment by Stalking (M)

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if that person commits the offense of harassment by stalking as provided in section 711-1106.5 and has been convicted previously of harassment by stalking under section 711-1106.5 within five years of the instant offense.

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Aggravated Harassment by Stalking (C)

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if that person poses as another person, without the express authorization of that person, and makes or causes to be made, either directly or indirectly, a transmission of any personal information of the person to another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to harass, annoy, or alarm any person. (3) For the purposes of this section: "Personal information" means information associated with an actual person that is a name, an address, a telephone number, or an electronic mail address. "Pose" means to falsely represent oneself, directly or indirectly, as another person or persons.

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Harassment by Impersonation (M)

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if the person intentionally desecrates: (a) Any public monument or structure; (b) A place of worship or burial; or (c) In a public place the national flag or any other object of veneration by a substantial segment of the public. (2) "Desecrate" means defacing, damaging, polluting, or otherwise physically mistreating in a way that the defendant knows will outrage the sensibilities of persons likely to observe or discover the defendant's action.

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Any person convicted of committing the offense of desecration shall be sentenced to a term of imprisonment of not more than one year, a fine of not more than $10,000, or both.

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if, except as authorized by law, the person treats a human corpse in a way that the person knows would outrage ordinary family sensibilities. (2) The preparation of a corpse for burial or cremation in a manner consistent with traditional Hawaiian cultural customs and practices shall not be a violation of this section. (3) The burial or cremation of a corpse prepared consistent with traditional Hawaiian cultural customs and practices shall not be a violation of this section.

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Abuse of a Corpse (M)

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if the person intentionally or knowingly: (a) Tortures, mutilates, or poisons or causes the torture, mutilation, or poisoning of any pet animal or equine animal resulting in serious bodily injury or death of the pet animal or equine animal; or (b) Kills or attempts to kill any pet animal belonging to another person, without first obtaining legal authority or the consent of the pet animal's owner. (2) Subsection (1)(a) shall not apply to: (a) Accepted veterinary practices; (b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; or (c) Cropping or docking as customarily practiced. (3) Subsection (1)(b) shall not apply to: (a) Humane euthanasia of any animal by an animal control officer, duly incorporated humane society, duly incorporated society for the prevention of cruelty to animals, or duly authorized governmental agency in accordance with American Veterinary Medical Association accepted standards; or (b) Conduct which the actor believes to be necessary to avoid an imminent harm or evil to the actor, another person, or an animal; provided that the harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by this section and is justifiable as provided in section 703-302 for choice of evils; provided further that, for purposes of this paragraph, as the justification described in section 703‑302 shall also apply to conduct which the actor believes to be necessary to avoid an imminent harm or evil to an animal. (4) Whenever any pet animal or equine animal is so severely injured that there is no reasonable probability that its life can be saved, the animal may be immediately destroyed without creating any offense under this section. In addition to any fines and imprisonment imposed under this section, any person convicted under this section shall be prohibited from possessing or owning any pet animal or equine animal for a minimum of five years from the date of conviction. [(6)] For the purposes of this section, "person" means any individual; any firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate; or any other legal entity.

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Cruelty To Animals 1st Degree (C)

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if the person intentionally, knowingly, or recklessly: (a) Overdrives, overloads, tortures, torments, beats, causes substantial bodily injury to, or starves any animal, or causes the overdriving, overloading, torture, torment, beating, or starving of any animal; (b) Deprives a pet animal of necessary sustenance or causes such deprivation; (c) Mutilates, poisons, or kills without need any animal other than insects, vermin, or other pests; provided that the handling or extermination of any insect, vermin, or other pest is conducted in accordance with standard and acceptable pest control practices and all applicable laws and regulations; (d) Keeps, uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any bull, bear, cock, or other animal, and includes every person who encourages, aids, or assists therein, or who permits or suffers any place to be so kept or used; (e) Carries or causes to be carried, in or upon any vehicle or other conveyance, any animal in a cruel or inhumane manner; (f) Confines or causes to be confined, in a kennel or cage, any pet animal in a cruel or inhumane manner; (g) Tethers, fastens, ties, or restrains a dog to a doghouse, tree, fence, or any other stationary object by means of a choke collar, pinch collar, or prong collar; provided that a person is not prohibited from using such restraints when walking a dog with a hand-held leash or while a dog is engaged in a supervised activity; or (h) Assists another in the commission of any act specified in subsections (1)(a) through (1)(g). (2) Subsection (1)(a), (b), (c), (e), (f), (g), and (h) shall not apply to: (a) Accepted veterinary practices; (b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; or (c) Pest control operations conducted pursuant to chapter 149A by a pest control operator licensed pursuant to chapter 460J, if the pest control is performed under a written contract. (3) Whenever any animal is so severely injured that there is no reasonable probability that its life or usefulness can be saved, the animal may be immediately destroyed without creating any offense under this section.

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Cruelty to Animals 2nd Degree (M)

unless

10 or more animals involved it's C

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If there is probable cause to believe that a pet animal or equine animal is being subjected to treatment in violation of section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.35, as applicable, a law enforcement officer, after obtaining a search warrant, or in any other manner authorized by law, may enter the premises where the pet animal or equine animal is located to provide the pet animal or equine animal with food, water, and emergency medical treatment or to impound the pet animal or equine animal. If after reasonable effort, the owner or person having custody of the pet animal or equine animal cannot be found and notified of the impoundment, an impoundment notice shall be conspicuously posted on the premises and within seventy-two hours after posting, the notice shall be sent by certified mail to the address, if any, from which the pet animal or equine animal was removed. (2) A law enforcement officer is not liable for any damage resulting from an entry under subsection (1), unless the damage resulted from intentional or reckless behavior on behalf of the law enforcement officer. (3) A court may order a pet animal or equine animal impounded under subsection (1) to be held at a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals. A facility receiving the pet animal or equine animal shall provide adequate food and water and may provide veterinary care.

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Authority to Enter Premises for Animals

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if the person: (a) Knowingly: (i) Causes, sponsors, arranges, or holds a dogfight for entertainment or financial gain; or (ii) Owns, trains, transports, possesses, sells, transfers, or equips any dog with the intent that the dog shall be engaged in a dogfight; or (b) Recklessly: (i) Allows a dogfight to occur on any property owned or controlled by the person; or (ii) Allows any dog intended to be used for a dogfight to be kept, trained on, or transported in, any property owned or controlled by the person. (2) Nothing in this section shall prohibit any of the following: (a) The use of dogs in the management of livestock by the owner of the livestock or the owner's employees or agents or other persons in lawful custody thereof; (b) The use of dogs in hunting wildlife including game; or (c) The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law. (3) As used in this section, "dogfight" means a dog or dogs pitted against another dog or dogs with the intent that the encounter will result in injury to one or more of the dogs.

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Cruelty to Animals by Fighting Dogs 1st Degree (B)

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if the person knowingly: (a) Wagers on a dogfight; (b) Attends or pays to attend a dogfight; or (c) Possesses any device intended to enhance the dog's fighting ability with the intent that the device be used to train or prepare the dog for a dogfight. (2) As used in this section: "Bait dog" means a live animal used to train or prepare dogs for a dogfight. "Device" means both animate and inanimate objects and includes live animals used as bait dogs. "Dogfight" means a dog or dogs pitted against another dog or dogs with the intent that the encounter will result in injury to one or more of the dogs. "Wager" means staking or risking something of value on the outcome of a dogfight.

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Cruelty to Animals by Fighting Dogs 2nd Degree (C)

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A person commits the offense of causing injury or death to a service dog or law enforcement animal if: (a) The person recklessly causes substantial bodily injury to or the death of any service dog or law enforcement animal while the service dog or law enforcement animal is in the discharge of its duties; or (b) The person is the owner of a dog and recklessly permits that dog to attack a service dog or law enforcement animal while the service dog or law enforcement animal is in the discharge of its duties, resulting in the substantial bodily injury or death of the service dog or law enforcement animal. (2) Subsection (1) shall not apply to: (a) Accepted veterinary practices; (b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; or (c) Cropping or docking as customarily practiced and permitted by law. (4) In addition to any other penalties, any person who is convicted of a violation of this section shall be ordered to make restitution to: (a) The owner of the service dog or law enforcement animal for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the service dog or law enforcement animal; and (b) The person, entity, or organization that incurs the cost of retraining or replacing the service dog or law enforcement animal for the cost of retraining or replacing the service dog or law enforcement animal if it is disabled or killed.

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Causing injury or death to a service dog or law enforcement animal (C)

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A person commits the offense of intentional interference with the use of a service dog or law enforcement animal if the person, with no legal justification, intentionally or knowingly strikes, beats, kicks, cuts, stabs, shoots, or administers any type of harmful substance or poison to a service dog or law enforcement animal while the service dog or law enforcement animal is in the discharge of its duties. (2) Subsection (1) shall not apply to: (a) Accepted veterinary practices; (b) Activities carried on for scientific research governed by standards or accepted educational or medicinal practices; or (c) Cropping or docking as customarily practiced and permitted by law. (3) Intentional interference with the use of a service dog or law enforcement animal is a misdemeanor. (4) In addition to any other penalties, any person who is convicted of a violation of this section shall be ordered to make restitution to: (a) The owner of the service dog or law enforcement animal for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the service dog or law enforcement animal; and (b) The person, entity, or organization that incurs the cost of retraining or replacing the service dog or law enforcement animal for the cost of retraining or replacing the service dog or law enforcement animal, if it is disabled or killed. (5) Nothing in this section is intended to affect any civil remedies available for a violation of this section.

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Intentional Interference with the use of a service dog or law enforcement animal (M)

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if the person intentionally, knowingly, or recklessly uses, sets, or maintains: (a) A steel-jawed leg-hold trap; or (b) A snare, conibear trap, or foot- or leg-hold trap in an area zoned as residential or any other area where such snare or trap is prohibited by law or rule; except under the situations described in subsection (2). (2) Subsection (1)(b) shall not apply to employees of state or federal agencies, or persons acting as a designated cooperator or an agent of the State, who are carrying out activities required under a management plan approved by state or federal agencies, pursuant to a mandatory statutory duty for the protection of species listed as threatened or endangered species, or other wildlife species protected by law, or for the protection of public health, safety, or property. (3) As used in this section: "Conibear trap" means a contrivance consisting of metal or steel designed to kill by crushing the body or severing the spinal cord of any animal. "Conibear trap" shall not include snap traps used for rodent control. "Foot- or leg-hold trap" means a contrivance consisting of metal or steel that is off-set, padded or laminated, and is designed to capture and hold any animal by a foot or limb. "Snare" means a contrivance consisting of a noose, regardless of material, designed to capture, trap, or kill any animal or hold any animal by a foot, limb, or neck. "Steel-jawed leg-hold trap" means a spring-powered contrivance that captures or holds the limb of an animal by exerting a lateral force with fix-mounted jaws.

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Cruelty to Animals by Trapping (M)

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Upon conviction, guilty plea, or plea of nolo contendere for any violation of section 711-1108.5, 711-1109, 711-1109.3, or 711-1109.35: (1) The court may order the defendant to surrender or forfeit the animal whose treatment was the basis of the conviction or plea to the custody of a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals for the time and under the conditions as the court shall order; and (2) The court also may order the defendant to surrender or forfeit any other animals under the possession, custody, or control of the defendant to the custody of a duly incorporated humane society or duly incorporated society for the prevention of cruelty to animals for the time and under the conditions as the court shall order, if there is substantial evidence that the animals are being abused or neglected.

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Surrender or Forfeiture of Animals

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if, except in the execution of a public duty or as authorized by law: (a) The person intentionally or knowingly installs or uses, or both, in any private place, without consent of the person or persons entitled to privacy therein, any device for observing, recording, amplifying, or broadcasting another person in a stage of undress or sexual activity in that place; or (b) The person knowingly discloses an image or video of another identifiable person either in the nude, as defined in section 712-1210, or engaging in sexual conduct, as defined in section 712-1210, without the consent of the depicted person, with intent to harm substantially the depicted person with respect to that person's health, safety, business, calling, career, financial condition, reputation, or personal relationships; provided that: (i) This paragraph shall not apply to images or videos of the depicted person made: (A) When the person was voluntarily nude in public or voluntarily engaging in sexual conduct in public; or (B) Pursuant to a voluntary commercial transaction; and (ii) Nothing in this paragraph shall be construed to impose liability on a provider of "electronic communication service" or "remote computing service" as those terms are defined in section 803-41, for an image or video disclosed through the electronic communication service or remote computing service by another person.

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Violation of Privacy 1st Degree (C)

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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; (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. (2) This section shall not apply to any dissemination, distribution, or transfer of images subject to this section by an electronic communication service provider or remote storage service in the ordinary course of its business. For the purpose of this subsection: "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. "Electronic communication service" means any service that provides to users thereof the ability to send or receive wire or electronic communications. "Electronic communication service provider" means any person engaged in the offering or sale of electronic communication services to the public. "Electronic communication system" means any wire, radio, electromagnetic, photo-optical, or photoelectronic facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications, including e-mail, web hosting, multimedia messaging services, and remote storage services offered by an electronic communication service provider. "Remote storage service" means the provision to the public of computer storage or processing services by means of an electronic communication system. (3) For the purposes of this section: "Intimate areas" means any portion of a person's underwear, pubic area, anus, buttocks, vulva, genitals, or female breast. "Intimate areas underneath clothing" does not include intimate areas visible through a person's clothing or intimate areas exposed in public. "Public place" means an area generally open to the public, regardless of whether it is privately owned, and includes but is not limited to streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, buses, tunnels, buildings, stores, and restaurants.

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Violation of Privacy 2nd Degree (M)