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Haw. Rev. Stat. § 710-1010

Obstructing government operations

Applied in 1 court decision — leading case Mattos v. Agarano (2011)

Most recently applied in Mattos v. Agarano (October 2011)

L 1972, c 9, pt of §1; am L 1980, c 150, §1; am L 1991, c 223, §2; gen ch 1993; am L 2001, c 91, §3; am L 2016, c 164, §1

(1) A person commits the offense of obstructing government operations if, by using or threatening to use violence, force, or physical interference or obstacle, the person intentionally obstructs, impairs, or hinders:

(a) The performance of a governmental function by a public servant acting under color of the public servant's official authority;

(b) The enforcement of the penal law or the preservation of the peace by a law enforcement officer acting under color of the law enforcement officer's official authority; or

(c) The operation of a radio, telephone, television, or other telecommunication system owned or operated by the State or one of its political subdivisions.

(2) This section does not apply to:

(a) The obstruction, impairment, or hindrance of the making of an arrest;

(b) The obstruction, impairment, or hindrance of any governmental function, as provided by law, in connection with a labor dispute with the government; or

(c) A person who is making a video or audio recording or taking a photograph of a law enforcement officer while the officer is in the performance of the officer's duties in a public place or under circumstances in which the officer has no reasonable expectation of privacy; provided that the officer may take reasonable action to maintain safety and control, secure crime scenes and accident sites, protect the integrity and confidentiality of investigations, and protect the public safety and order.

(3) Obstruction of government operations is a misdemeanor.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.