Hawaii Revised Statutes
707. Offenses Against the Person
707-717 Terroristic threatening in the second degree.

§707-717 Terroristic threatening in the second degree. (1) A person commits the offense of terroristic threatening in the second degree if the person commits terroristic threatening other than as provided in section 707-716.
(2) Terroristic threatening in the second degree is a misdemeanor. [L 1979, c 184, pt of §1(2); gen ch 1993]
Case Notes
Not a lesser included offense of attempted extortion in the second degree. 70 H. 456, 776 P.2d 392 (1989).
The requirement of a "true threat" jury instruction is not limited to terroristic threatening prosecutions that are based solely upon verbal conduct, but rather applies in all such prosecutions, whether the threat is proved by evidence of verbal expression, motor behavior, or a combination thereof. 106 H. 136, 102 P.3d 1034 (2005).
Terroristic threatening in second degree can be an offense included in terroristic threatening in first degree; trial court's failure to instruct jury on the lesser included offense was not plain error, where defendant contended there was a rational basis in the record for jury to decide that, although defendant made a terroristic threat, defendant did not do so with a dangerous instrument as defined in §707-700. 10 H. App. 584, 880 P.2d 213 (1994).
Defendant's words, yelling at dirt bikers to get off defendant's land, combined with defendant's conduct of repeatedly discharging defendant's shotgun, were sufficient evidence to sustain defendant's conviction under this section. 106 H. 62 (App.), 101 P.3d 671 (2004).
Where minor defendant made threats to an adult who was not present and later approached the adult in an aggressive manner, there was insufficient evidence of a "true threat" and insufficient evidence that minor defendant possessed the requisite culpable state of mind. 133 H. 235 (App.), 325 P.3d 647 (2014).
COMMENTARY ON § §707-716 AND 707-717
Act 184, Session Laws 1979, upgraded the offense of terroristic threatening from a misdemeanor to a class C felony in four aggravated situations. The legislature felt that raising the penalty would provide an incentive for vigorous prosecution and act as a deterrent against such offenses. House Standing Committee Report No. 673. For discussion of a "common scheme" under §707-716, see Senate Standing Committee Report No. 902.
Act 131, Session Laws 1989, amended §707-716 to establish the offense of terroristic threatening of an educational worker to make our school environments safer and to better enable prosecuting attorneys to obtain convictions. Senate Standing Committee Report No. 998.
Act 230, Session Laws 2006, amended §707-716(1) to limit the charge of terroristic threatening in the first degree against a public servant to actions arising out of the performance of the public servant's official duties. House Standing Committee Report No. 665-06.
Act 79, Session Laws 2007, amended §707-716(1) by establishing a criminal offense of terroristic threatening in the first degree if a person commits terroristic threatening against any emergency medical services personnel [engaged in the performance of duty]. The legislature found that emergency medical services personnel are at a heightened risk of personal injury or death from patients and others with whom they are in contact in the course of their work. By the very nature of the job, emergency medical services personnel respond to people in distressful situations, which include incidences of criminal violence, family disputes, and drunken brawls. Although the legislature acknowledged that much of the violence promulgated from explosive situations involving agitated people who lack momentary self-control, the legislature believed that emergency medical [services] personnel should be afforded the same protection as correctional workers and educational workers. Senate Standing Committee Report No. 1244.
Act 146, Session Laws 2010, amended §707-716(1) by expanding the class of emergency services providers protected against terroristic threatening to include, among others, physicians, physician's assistants, nurses, and nurse practitioners providing medical services in a hospital emergency room. The legislature found that emergency medical workers serve an indispensable public need but face a high level of risk in the line of duty. Nationally, studies show that between thirty-five per cent and eighty per cent of hospital staff have been physically assaulted at least once and that nurses are at an increased risk for violence while on duty. The legislature found that extending the offense of assault in the second degree to include actions against emergency services providers in emergency rooms is a logical extension of the existing provisions covering emergency response personnel. Senate Standing Committee Report Nos. 2989 and 2765, House Standing Committee Report No. 466-10, Conference Committee Report No. 33-10.
Act 63, Session Laws 2011, amended §707-716(1) by establishing first degree terroristic threatening for a person who threatens a person: (1) from whom the defendant has been restrained, by order of any court, from contacting, threatening, or physically abusing pursuant to domestic abuse protective orders; or (2) who is being protected by a police officer ordering the defendant to leave the premises of the protected person, during the effective period of the order. The legislature found that domestic violence victims need added protection under Hawaii law. Restraining orders or orders from police officers to abusers to leave the premises are intended to remove abusers from the vicinity of domestic violence victims and provide safety. The legislature believed that domestic violence victims are particularly vulnerable when they attempt to disengage from their abusers and at that time, violence and the threat of violence are at the most extreme levels. Increasing the penalties against abusers in those situations may deter violent retaliation and may help break victims from the cycle of violence. House Standing Committee Report No. 930, Conference Committee Report No. 74, Senate Standing Committee Report No. 1255.
Act 255, Session Laws 2013, amended §707-716(1) to include the use of a simulated firearm in the offense of terroristic threatening in the first degree. The legislature found that simulated firearms are becoming increasingly difficult to discern from real firearms and as a result, simulated firearms are being used to commit serious criminal offenses. The victims in these crimes believe that the weapons are real and are terrorized when threatened with one. Under existing law, if the weapon is not a real firearm, the suspect cannot be charged with the higher offense of terroristic threatening in the first degree and the charge is reduced to a misdemeanor. Senate Standing Committee Report No. 488, House Standing Committee Report No. 1231.

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 37. Hawaii Penal Code

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:

707-714.5 Criminally negligent storage of a firearm. (1) A person commits the offense of criminally negligent storage of a firearm if the person violates section 134-10.5 and a minor obtains the firearm. For purposes of this section, "minor" means an...

707-715 Terroristic threatening, defined. §707-715 Commentary:

707-716 Terroristic threatening in the first degree.

707-717 Terroristic threatening in the second degree.

707-720 Kidnapping.

707-721 Unlawful imprisonment in the first degree.

707-722 Unlawful imprisonment in the second degree. § §707-720 to 707-722 Commentary:

707-723 REPEALED.

707-724 and 707-725

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.

707-733.5 REPEALED.

707-733.6 Continuous sexual assault of a minor under the age of fourteen years.

707-734 Indecent exposure.

707-739 REPEALED.

707-740 REPEALED.

707-741 Incest.

707-742 REPEALED.

707-743 REPEALED.

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.

707-758 REPEALED.

707-759 Indecent electronic display to a child.

707-760 Definitions.

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.

707-764 Extortion.

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.

707-780 Definitions.

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.

707-785 Restitution for victims of labor trafficking.

707-786 Nonpayment of wages.

707-787 Unlawful conduct with respect to documents.