§710-1031 Intimidating a correctional
worker. (1) A person commits the offense of intimidation of a
correctional worker if the person uses force upon or a threat of force directed
to a correctional worker, or the correctional worker's immediate family, with
intent to influence such worker's conduct, decision, action or abstention from
action as a correctional worker.
(2) "Correctional worker", as used
in this section means any employee of the State or any county who works in a
correctional or detention facility, a court, a paroling authority or who by law
has jurisdiction over any legally committed offender or any person placed on
probation or parole.
(3) "Threat" as used in this section
means any threat proscribed by section 707-764(1).
(4) Intimidation of a correctional worker is a
class B felony. [L 1974, c 196, §1; am L 1980, c 267, §1; gen ch 1993]
COMMENTARY ON §710-1031
Act 196, Session Laws 1974, added this section "to
provide class B felony sanctions against those persons who, by threat of harm
directed to a correctional worker or his immediate family, intend to influence
or deter the correctional worker in performing his duties." House
Standing Committee Report No. 731-74.
The Committee Report further states: "Your Committee
notes that under the present law, threatening correctional personnel would be a
violation of §707-715 of the Penal Code entitled 'Terroristic threatening', a
misdemeanor, or §707-724 of the Penal Code entitled 'Criminal coercion', a
class C felony. Your Committee believes that the nature of the crime is such
that it should be classified as a class B felony."
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1985–2021 · leading case:
State v. Jumila, 950 P.2d 1201 (Haw. 1998).
State v. Jumila, 950 P.2d 1201 (Haw. 1998).
· cites it 4× “…Money Laundering, HRS § 708A-3; Escape in the Second Degree, HRS § 710-1021; Intimidating a Correctional Worker, HRS § 710-1031; Intimidating a Witness, HRS § 710-1071; Retaliating Against a Witness, HRS § 710-1072.2; Intimidating a Juror, HRS § 710-1074; Retaliating…”
State v. Sprattling, 55 P.3d 276 (Haw. 2002).
· cites it 2× “HRS § 707-711 provides: (1) A person commits the offense of assault in the second degree if: (a) The person intentionally or knowingly causes substantial bodily injury to another; (b) The person recklessly causes serious bodily injury to another person; (c) The person…”
State v. Sakamoto, 70 P.3d 635 (Haw. 2003).
· cites it 2× “Chapter 853 precludes deferrals with respect to the following subsections of HRS § 707-711(1), which provide that a person commits the offense of assault in the second degree if: (b) The person recklessly causes serious bodily injury to another person; (c) The person…”
State v. Tupuola, 711 P.2d 1289 (Haw. 1985).
· cites it 3× “It is clear that the legislature intended to deter the rising number of assaults committed against correctional officers by making an offense committed under subsection (c) an offense of assault in the second degree if a person intentionally or knowingly causes bodily injury to…”
State v. Tuimalealiifano, 499 P.3d 421 (Haw. App. 2021).
“(c) The person intentionally or knowingly causes bodily injury to a correctional worker, as defined in section 710-1031(2), who is engaged in the performance of duty or who is within a correctional facility[.”
— Haw. Rev. Stat. § 710-1031(2) — 4 cases
State v. Sprattling, 55 P.3d 276 (Haw. 2002).
“HRS § 707-711 provides: (1) A person commits the offense of assault in the second degree if: (a) The person intentionally or knowingly causes substantial bodily injury to another; (b) The person recklessly causes serious bodily injury to another person; (c) The person…”
State v. Sakamoto, 70 P.3d 635 (Haw. 2003).
“Chapter 853 precludes deferrals with respect to the following subsections of HRS § 707-711(1), which provide that a person commits the offense of assault in the second degree if: (b) The person recklessly causes serious bodily injury to another person; (c) The person…”
State v. Tupuola, 711 P.2d 1289 (Haw. 1985).
“It is clear that the legislature intended to deter the rising number of assaults committed against correctional officers by making an offense committed under subsection (c) an offense of assault in the second degree if a person intentionally or knowingly causes bodily injury to…”
State v. Tuimalealiifano, 499 P.3d 421 (Haw. App. 2021).
“(c) The person intentionally or knowingly causes bodily injury to a correctional worker, as defined in section 710-1031(2), who is engaged in the performance of duty or who is within a correctional facility[.”
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