§711-1100  Definitions.  In this
chapter, unless a different meaning is plainly required, or the definition is
otherwise limited by this section:



"Animal" includes every living
creature, except a human being.



"Equine animal" means an animal of or
belonging to the family Equidae, including horses, ponies, mules, donkeys,
asses, burros, and zebras.



"Facsimile" means a document produced
by a receiver of signals transmitted over telecommunication lines, after
translating the signals, to produce a duplicate of an original document.



"Necessary sustenance" means care
sufficient to preserve the health and well-being of a pet animal, except for
emergencies or circumstances beyond the reasonable control of the owner or
caretaker of the pet animal, and includes but is not limited to the following
requirements:



(1)  Food of sufficient quantity and quality to allow
for normal growth or maintenance of body weight;



(2)  Open or adequate access to water in sufficient
quantity and quality to satisfy the animal's needs;



(3)  Access to protection from wind, rain, or sun; and



(4)  An area of confinement that has adequate space
necessary for the health of the animal and is kept reasonably clean and free
from excess waste or other contaminants that could affect the animal's health.



"Obstructs" means renders impassable
without unreasonable inconvenience or hazard.



"Pet animal" means a dog, cat,
domesticated rabbit, guinea pig, domesticated pig, or caged birds
(passeriformes, piciformes, and psittaciformes only) so long as not bred for
consumption.



"Private place" means a place where
one may reasonably expect to be safe from casual or hostile intrusion or
surveillance, but does not include a place to which the public or a substantial
group thereof has access.



"Public" means affecting or likely to
affect a substantial number of persons.



"Public place" means a place to which
the public or a substantial group of persons has access and includes highways,
transportation facilities, schools, places of amusement or business, parks, playgrounds,
prisons, and hallways, lobbies, and other portions of apartment houses and
hotels not constituting rooms or apartments designed for actual residence.



"Record", for the purposes of
sections 711-1110.9 and 711-1111, means to videotape, film, photograph, or
archive electronically or digitally.



"Torment" means fail to attempt to
mitigate substantial bodily injury with respect to a person who has a duty of
care to the animal.



"Torture" includes every act,
omission, or neglect whereby unjustifiable physical pain, suffering, or death
is caused or permitted. [L 1972, c 9, pt of §1; am L 1986, c 192, §3; am L
1987, c 176, §4; am L 1992, c 292, §3; am L 1998, c 173, §1; am L 2003, c 48,
§1; am L 2004, c 83, §1; am L 2007, c 114, §3; am L 2008, c 111, §1]



 



COMMENTARY ON §711-1100



 



  This section is definitional only and, of course, specifies
no offense.  A discussion of the definitions in this section, when needed or
appropriate, is found in the commentary to the substantive offenses employing
the terms defined.



 



SUPPLEMENTAL COMMENTARY ON §711-1100



 



  The Code as adopted added Items (5) and (6).  The Proposed
Draft did not contain these items.



  Act 192, Session Laws 1986, amended the definition of
"animal" to exclude human beings, thereby foreclosing the possible
interpretation of the statute to include within the offense persons engaged in
boxing.  House Conference Committee Report No. 37-86, Senate Conference
Committee Report No. 27-86, and House Standing Committee Report No. 392.



  Act 292, Session Laws 1992, amended this section by adding
the definition of "facsimile" to strengthen the laws against
harassment.  Conference Committee Report No. 57.



  Act 173, Session Laws 1998, amended this section by adding
the definitions of "pet animal" and "necessary
sustenance".  Act 173 protected pet animals in Hawaii from neglect by
defining minimum standards of care.  The legislature found that pet animals
deserved at least the minimum care of food, water, and protection from the
elements.  Act 173 established guidelines to be used to prevent the neglect and
abuse of pet animals.  Conference Committee Report No. 87.



  Act 48, Session Laws 2003, amended this section by adding the
definition of "record".  The legislature found that advancement in
technology has provided opportunity for "video voyeurism" in public
places.  A change in the offense of violation of privacy would address the
growing concern for the offensive practice of "upskirt photography". 
House Standing Committee Report No. 1316.



  Act 83, Session Laws 2004, amended the definition of
"record" to include digital recordings within the purview of privacy
offenses.  Act 83 made statutory amendments to the existing privacy law in
order to prohibit the inappropriate use of new digital technologies, such as cellular
phones, that are capable of taking digital photographs and transmitting those
images.  House Standing Committee Report No. 1174-04, Conference Committee
Report No. 43-04.



  Act 114, Session Laws 2007, amended this section by, among
other things, defining "pet animal" as a dog, cat, domesticated
rabbit, guinea pig, [domesticated pig,] or caged birds, so long as they are not
bred for consumption.  Act 114 strengthened Hawaii's animal cruelty laws.  The
legislature found that violence, whether against humans or animals, must be not
tolerated in our society. Evidence suggests a link between animal abuse and the
commission of violent acts against humans.  Hawaii is only one of nine states
in the United States without a felony offense for domestic animal abuse.  The
legislature also found that pet animals provide a close emotional bond and
relationship with their owners and family members and friends.  Violence and
harm committed against the animals have a significant emotional impact on their
owners and family.  The felony provisions of Act 114 protected pet animals. 
Conference Committee Report No. 29.



  Act 111, Session Laws 2008, amended this section by adding
the definition of "equine animal".  Act 111 extended to equine
animals some of the legal protections accorded to pet animals relating to
animal cruelty by making an offense involving serious bodily injury or death to
an equine animal a class C felony.  The legislature believed that horses belong
under the protection of law and that adding equine animals to the list of
animals protected under the animal cruelty law reflects the fact that companion
animals come in all shapes and sizes.  House Standing Committee Report No.
1589-08, Senate Standing Committee Report No. 2879, Conference Committee Report
No. 20-08.