2013 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
707. Offenses Against the Person
707-712.5 Assault against a law enforcement officer in the first degree.

§707-712.5 Assault against a law enforcement officer in the first degree. (1) A person commits the offense of assault against a law enforcement officer in the first degree if the person:

(a) Intentionally or knowingly causes bodily injury to a law enforcement officer who is engaged in the performance of duty; or

(b) Recklessly or negligently causes, with a dangerous instrument, bodily injury to a law enforcement officer who is engaged in the performance of duty.

(2) Assault of a law enforcement officer in the first degree is a class C felony. The court shall, at a minimum, sentence the person who has been convicted of this offense to:

(a) An indeterminate term of imprisonment of five years, pursuant to section 706-660; or

(b) Five years probation, with conditions to include a term of imprisonment of not less than thirty days without possibility of suspension of sentence. [L 1990, c 192, §1; am L 2003, c 66, §2]

Cross References

Definition of law enforcement officer, see §701-118(10).

COMMENTARY ON §707-712.5

Act 192, Session Laws 1990, added this section in an attempt to afford a police officer some additional measure of protection. The legislature noted that this measure may not have any deterrent effect because assaults on police officers usually happen in the heat of the moment. House Standing Committee Report No. 1203-90.

Case Notes

Statutory references in oral charge did not cure the omission of essential elements in resisting arrest and assault against a police officer counts of the charge; supreme court unable to reasonably construe oral charge as charging assault against a police officer. 77 H. 309, 884 P.2d 372 (1994).

As this section does not specifically state that the convicted "shall serve" the minimum sentence of thirty days imprisonment, nor explicitly limit the court's ability to suspend part of the minimum sentence, trial court did not err in suspending twenty-five days of the minimum sentence, placing defendant on probation and ordering community service. 99 H. 118, 53 P.3d 257 (2002).