§711-1102  Failure to disperse.  (1) 
When six or more persons are participating in a course of disorderly conduct
likely to cause substantial harm or serious inconvenience, annoyance, or alarm,
a law enforcement officer may order the participants and others in the
immediate vicinity to disperse.



(2)  A person commits the offense of failure to
disperse if the person knowingly fails to comply with an order made pursuant to
subsection (1).



(3)  Failure to disperse is a misdemeanor. [L
1972, c 9, pt of §1; gen ch 1993; am L 2001, c 91, §4]



 



COMMENTARY ON §711-1102



 



  This section provides a procedure under which a peace officer
can order a group of six or more persons participating in a course of
disorderly conduct likely to cause substantial harm or serious inconvenience,
annoyance, or alarm to disperse.  A similar order may be made to others in the
immediate vicinity.  Failure to obey such an order is a misdemeanor.  The
offense is thus an aggravated form of disorderly conduct which does not reach
the point of riot or unlawful assembly.



  Previous Hawaii law contained a somewhat similar section,
allowing an order to disperse after "force or violence has been used
disturbing the public peace."[1]



 



Case Notes



 



  As this section's limit on freedom of association and
movement is only within the immediate vicinity of the disorderly conduct and
there is no "unlimited and indiscriminately sweeping infringement upon the
freedom of movement and association", this section does not violate
article I, §2 of the Hawaii constitution.  101 H. 153 (App.), 64 P.3d 282.



  Section not unconstitutionally vague under article I, §5 of
the Hawaii constitution as its language is specific and clear, it is narrowly
tailored to a person's failure to disperse pursuant to a law enforcement order
to leave the immediate vicinity of disorderly conduct, and citizens of this
State should thus have no difficulty in understanding this section.  101 H. 153
(App.), 64 P.3d 282.



  This section does not violate the right to privacy under
article I, §2 of the Hawaii constitution as it is not a "sweeping
infringement on the freedom of movement and privacy"; to prevent the
substantial harm or serious inconvenience, annoyance or alarm to the public, it
is reasonably necessary for law enforcement to order those participating in the
disorderly conduct and those in the immediate vicinity to disperse until the
disorderly conduct comes to an end.  101 H. 153 (App.), 64 P.3d 282.



 



__________



§711-1102 Commentary:



 



1.  H.R.S. §764-3.