First and Second-Degree Terroristic Threatening Charges in Hawaii Explained

A moment of anger can quickly escalate into a criminal charge in Hawaii. Terroristic threatening, defined under Haw. Rev. Stat. § 707-715, does not require you to actually harm someone. Simply communicating a threat-whether by word, action, or digital message-with the intent to terrorize or with reckless disregard for the risk of terrorizing another person is enough to trigger an arrest. Whether an incident happens in Honolulu, Hilo, or Kahului, local prosecutors pursue these cases aggressively to maintain public safety.

Because these charges often rely heavily on the context of the situation and the perceived intent of the speaker, the line between protected free speech and a criminal threat can be blurry. It is generally advisable to contact an experienced criminal defense lawyer from our USA Lawyers Directory to protect your rights, challenge the evidence, and guide you through the local court system.

First-Degree vs. Second-Degree Threatening

Hawaii law divides terroristic threatening into two degrees based on the severity and circumstances of the threat. Understanding which degree you face is critical because the penalties are vastly different.

Second-Degree Terroristic Threatening

Under Haw. Rev. Stat. § 707-717, second-degree terroristic threatening covers standard threats that do not involve public officials, weapons, or mass casualty claims. For example, getting into a heated argument with a stranger at a bar and yelling, 'I am going to beat you up outside,' typically falls under this category. It is a misdemeanor offense.

First-Degree Terroristic Threatening

The charge is elevated to first-degree terroristic threatening under Haw. Rev. Stat. § 707-716 when specific aggravating factors are present. This makes it a Class C felony. Common triggers for a first-degree charge include threatening a public servant, making a bomb threat to a building, or using a 'dangerous instrument' to communicate the threat.

Common Scenarios in Hawaii

If you are summoned to the First Circuit Court, Honolulu or the Second Circuit Court, Wailuku, it is likely due to one of several common micro-niche scenarios that frequently lead to arrest.

Road Rage Incidents

Traffic on the H-1 freeway can be notoriously frustrating. If a driver cuts you off and you respond by brandishing a tire iron out the window while shouting threats, you can be charged with first-degree terroristic threatening. Because the tire iron is considered a dangerous instrument, the Honolulu Police Department, Honolulu will likely treat this as a felony, even if you never actually swung the weapon.

Social Media and Text Message Threats

Many individuals mistakenly believe that online threats are not taken seriously. However, posting threatening comments on social media platforms or sending aggressive text messages can easily meet the statutory definition of a threat. Law enforcement can subpoena digital records to prove that the messages were intended to cause objective fear in the recipient.

Threatening Public Officials or Teachers

Hawaii provides special protections for public servants. If a frustrated parent threatens an educator or a government worker performing official duties, the charge automatically becomes a first-degree felony. State lawmakers designed this enhancement to protect teachers, judges, and administrative workers from harassment and intimidation in the workplace.

The Use of a Dangerous Instrument

The definition of a 'dangerous instrument' in Hawaii is incredibly broad. It is not limited to firearms or knives. A heavy flashlight, a baseball bat, or even a motor vehicle can be classified as a dangerous instrument if used in a manner capable of causing death or serious bodily injury. If you hold a hammer while threatening someone, you elevate a simple misdemeanor argument to a felony.

Legal Defenses and Penalties

Prosecutors must prove that your words constituted a 'true threat.' As noted in cases like State v. Chung, 75 Haw. 398 (HI Supreme Court 1993), the context, relationship between the parties, and the objective imminence of the threat are all factors a jury must consider. If your lawyer can demonstrate that your words were obvious hyperbole or a joke that a reasonable person would not take seriously, the court may dismiss the charges. Under HRPP Rule 10(d), a defense begins with entering a plea of not guilty, which is typically entered orally by the defendant or defense counsel in open court at arraignment or conducted via videoconference pursuant to HRPP Rule 43. In contrast, both Form 1C-P-851, Hawaii, Circuit Court, Criminal Plea Form (Form K) (governed by HRPP Rule 11 for in-person proceedings) and Form 1C-P-988, Hawaii, Circuit Court, Waiver of Physical Presence; Submission of Plea (submitted without physical presence under HRPP Rule 43) are used exclusively for entering a guilty plea, a no contest plea, or a motion to defer sentencing, rather than contesting guilt.

Frequently Asked Questions (FAQ)