§710-1078

Disrespect of a house of the legislature

Public corruption · Chapter 710 — Offenses Against Public Administration · Part VI. Offenses Related to Judicial and Other

(1) A person who is not a member of either house of the legislature commits the offense of disrespect of a house of the legislature if, while the person is present at a legislative session of either house or at a hearing of any committee of either house, the person creates a breach of peace or disturbance with intent to interrupt the proceeding.

(2) Whenever there is probable cause to believe that a person has violated subsection (1), the person shall be subject to arrest and removal from the presence of the legislature or either house or any committee of a house, by the sergeant-at-arms of the affected house or by any other law enforcement officer of the State, as directed by the sergeant-at-arms.

(3) Disrespect of a house of the legislature is a petty misdemeanor. [L 2012, c 204, §1]

No Hawaiʻi pattern jury instruction (HAWJIC) has been published for this offense — prove each statutory element above on its own terms.

Source / Amendment history

[L 2012, c 204, §1]

Cross references, commentary & case notes

COMMENTARY ON §710-1078 Act 204, Session Laws 2012, added this section to establish the petty misdemeanor offense of disrespect of a house of the legislature. While instances of contemptuous behavior are rare, the legislature believed that the law needed to be updated to address such possible behavior that can occur at any time. Senate Standing Committee Report No. 2998.

View official source on capitol.hawaii.gov ↗