§707-712.7 Assault against an emergency worker. (1) A person commits the offense of assault against an emergency worker if the person, during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A, within the area covered by the emergency or disaster:
(a) Intentionally, knowingly, or recklessly causes serious or substantial bodily injury to an emergency worker; or
(b) Intentionally, knowingly, or recklessly causes bodily injury to an emergency worker with a dangerous instrument.
(2) Assault against an emergency worker is a class B felony. [L 2006, c 116, §2; am L 2014, c 111, §16]
COMMENTARY ON §707-712.7
Act 116, Session Laws 2006, added this section, which classifies assault on an emergency worker, causing substantial bodily injury or with a dangerous weapon, as a class B felony. Act 116 penalized the commission of certain crimes during a time of a civil defense emergency proclaimed by the governor or during a period of disaster relief. The legislature found that Hurricanes Katrina and Rita created situations that highlighted the prevalence of opportunistic crimes that can occur during these times. When resources are needed to restore law and order, emergency response aid to victims may be hampered or delayed, leaving victims at an increased risk of bodily injury or death. Stronger measures to control law and order may deter looting and other crimes. House Standing Committee Report No. 757-06, Senate Standing Committee Report No. 3302, Conference Committee Report No. 64-06.
Act 111, Session Laws 2014, which amended this section, updated and recodified Hawaii's emergency management laws to conform with nationwide emergency management practices by, among other things, establishing a Hawaii emergency management agency in the state department of defense with the functions and authority currently held by the state civil defense agency; establishing the power and authority of the director of Hawaii emergency management, who will be the adjutant general, and providing the director with the functions and authority currently held by the director of civil defense; establishing county emergency management agencies, each to be under the respective county mayor's direction, with the functions and authority currently held by the local organizations for civil defense; and repealing the chapters on disaster relief [chapter 127] and the civil defense [and] emergency act [chapter 128], which were determined to be obsolete with the creation of the Hawaii emergency management agency. Conference Committee Report No. 129-14.
Structure Hawaii Revised Statutes
707. Offenses Against the Person
707-700 Definitions of terms in this chapter.
707-701 Murder in the first degree. §707-701 Commentary:
707-701.5 Murder in the second degree.
707-702 Manslaughter. §707-702 Commentary:
707-702.5 Negligent homicide in the first degree.
707-703 Negligent homicide in the second degree.
707-704 Negligent homicide in the third degree.
707-705 Negligent injury in the first degree.
707-706 Negligent injury in the second degree.
707-710 Assault in the first degree.
707-711 Assault in the second degree.
707-712 Assault in the third degree. § §707-710 To 707-712 Commentary:
707-712.5 Assault against a law enforcement officer in the first degree.
707-712.6 Assault against a law enforcement officer in the second degree.
707-712.7 Assault against an emergency worker.
707-713 Reckless endangering in the first degree.
707-714 Reckless endangering in the second degree. § §707-713 And 707-714 Commentary:
707-715 Terroristic threatening, defined. §707-715 Commentary:
707-716 Terroristic threatening in the first degree.
707-717 Terroristic threatening in the second degree.
707-721 Unlawful imprisonment in the first degree.
707-722 Unlawful imprisonment in the second degree. § §707-720 to 707-722 Commentary:
707-726 Custodial interference in the first degree.
707-727 Custodial interference in the second degree.
707-730 to 707-738 OLD REPEALED. §707-730 Sexual assault in the first degree.
707-731 Sexual assault in the second degree.
707-732 Sexual assault in the third degree.
707-733 Sexual assault in the fourth degree.
707-733.6 Continuous sexual assault of a minor under the age of fourteen years.
707-750 Promoting child abuse in the first degree.
707-751 Promoting child abuse in the second degree.
707-752 Promoting child abuse in the third degree.
707-753 Affirmative defense to promoting child abuse.
707-756 Electronic enticement of a child in the first degree.
707-757 Electronic enticement of a child in the second degree.
707-759 Indecent electronic display to a child.
707-761 Extortionate extension of credit; prima facie evidence.
707-762 Financing extortionate extensions of credit.
707-763 Collection of extensions of credit by extortionate means.
707-765 Extortion in the first degree.
707-766 Extortion in the second degree.
707-767 Extortion in the third degree.
707-768 Firearms, explosives, and dangerous weapons.
707-769 Defenses to extortion.
707-781 Labor trafficking in the first degree.
707-782 Labor trafficking in the second degree.
707-783 Additional sentencing considerations; victims held in servitude.
707-784 Extended terms of imprisonment; labor trafficking offenses.