Class A Offenses

 

"Assault" means intentionally, knowingly, recklessly, or negligently causing serious bodily injury or bodily injury to another person with or without a dangerous instrument.

 

"Burglary" means entering or remaining without school authorization in a building that is either owned or operated by the  department of education with intent to commit an offense against a person, or against school property or other property located at the school.

 

"Dangerous Instrument or substance" means any explosive device, instrument, material, or chemical, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or bodily injury. Examples of such items include but are not limited to knives, pipe bomb devices, fireworks, pepper spray, mace, martial arts devices such as sticks and throwing stars; and inanimate objects such as pipes, sticks, or baseball bats swung at a person in a menacing manner so as to cause or threaten bodily injury.

 

"Dangerous Weapon" means an instrument whose sole design and purpose is to inflict bodily injury or death. Examples of such instruments include but are not limited to a dirk, dagger, butterfly knife, switchblade knife, blackjack, slug shot, billy, metal knuckles, or other weapons that inflict bodily injury or death.

 

"Drug paraphernalia" means any equipment, products, or materials of any kind, or combination thereof which is used, intended for use, or designed for use, in planting, harvesting, producing, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter.

(1)            Kits, devices, equipment, separation gins, balance scales, blenders, bowls, containers, spoons, capsules, balloons, envelopes, other objects used, intended for use, or designed for use in preparing, processing, mixing, storing, or concealing controlled substances;

(2)            Hypodermic syringes, needles, and other objects used, intended for use, or designed for use by injecting the controlled substances into the human body;

(3)            Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil, or forms of methamphetamine, or anabolic steroids into the human body, such as:

(A)            Metal, wooden, glass, acrylic, stone, plastic, or ceramic pipes, water pipes, smoking and carburetion masks, roach clips; meaning objects used to hold burning materials such as marijuana cigarettes, that have become too small or too short to be held in the hand;

(B)           Miniature cocaine spoons, and cocaine vials, bongs, ice pipes, or chillers; and

(C)           Any and all other drug paraphernalia as described and defined pursuant to section 329-1, Hawaii Revised Statutes.

 

"Extortion" means an act committed by a person who:

(1)            Obtains, or exerts control over, the property or services of another with intent to deprive that person of the property or services by threatening by word or conduct to:

(A)            Cause bodily injury in the future to the person threatened or to any other person;

(B)           Cause damage to property;

(C)           Subject the person threatened or any other person to physical confinement or restraint;

(D)           Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt, or ridicule, or to impair the person's credit or business repute;

(E)           Reveal any information sought to be concealed by the person threatened or any other person;

(F)            Testify provide information, or withhold testimony or information with respect to another's legal claim or defense;

(G)           Take or withhold action as a public servant, or cause a public servant to take or withhold such action;

(H)           Bring about or continue a strike, boycott, or other similar collective action, to obtain property which is not demanded or received for the benefit of the group which the student purports to represent; or

(I)               Do any other act which would not in itself substantially benefit the person committing the act but which is calculated to substantially harm some person with respect to that person's health, safety, education, business, calling, career, financial condition, reputation, or personal relationship;

(2)            Compels or induces another person to engage in conduct from which that person has a legal right to abstain or to abstain from conduct in which that person has a legal right to engage by threatening by word or conduct to do any of the actions set forth in paragraph (A) through (I) of this definition; or

(3)            Makes or finances any extension of credit, or collects any extension of credit by extortionate means.

 

"Fighting" means instigating or provoking physical contact involving anger or hostility. Fighting includes but is not limited to:

(1)            Engaging in mutual physical contact involving anger or hostility;

(2)            Teasing, harassing, threatening, or intimidating others resulting in physical contact involving anger or hostility;

(3)            Retaliating physically for teasing, harassing, threatening, or intimidating behavior; verbally inciting; or

(4)            Physically supporting a fight by one's presence and encouragement.

 

"Firearms" means:

(1)            Any weapon including but is not limited to a starter gun, shotgun, air guns which includes BB guns, pellet guns, paintball guns, or cross bow or any other instrument which will or is designed to or may readily be converted to expel a projectile;

(2)            The frame or receiver of any such weapon;

(3)            Any firearm muffler or firearm silencer; or

(4)            Any destructive device. The term "destructive device" means:

(A)            Any explosive, incendiary, or poison gas:

(i)          Bomb;

(ii)        Grenade;

(iii)       Rocket having a propellant charge;

(iv)      Missile having an explosive or incendiary charge;

(v)        Mine; or

(vi)      Device similar to any of the devices described in the preceding clause;

(B)           Any type of weapon which will, or which may be readily converted to expel a projectile, including but not limited to a weapon that expels a projectile by action of an explosive or other propellant; or

(C)           Any combination or parts either designed or intended for use in converting any device described above, and from which a destructive device may be readily assembled.

 

"Homicide" means causing the death of another person.

 

"Illicit drugs" means substances, the possession, distribution, ingestion, manufacture, use, sale, or delivery, of which are prohibited under chapter 329, Hawaii Revised Statutes and chapter 712, part IV, Hawaii Revised Statutes.

 

"Intoxicating substance use" means the use of any substance, which causes disturbance of the normal physical or mental functioning including but are not limited to alcohol.

 

"Property damage or vandalism" means:

(1)            Damaging the property of the school or another person; destroying or defacing school property or facility; or

(2)            Destroying or defacing school materials, such as but not limited to planners, identification nametags, or meal cards.

 

"Robbery" means, in the course of committing a theft, or hijacking, a student:

(1)            Attempts to kill another person, or inflicts or attempts to inflict serious bodily injury upon another person; or

(2)            With or without a dangerous instrument:

(A)            Uses force against the person with the intent to overcome the owner's physical resistance or physical power of resistance;

(B)           Threatens the imminent use of force against the person of anyone who is present with intent to compel acquiescence to the taking of or escaping with the property; or

(C)           Inflicts serious bodily injury upon another person.

 

"Sexual offense or sexual assault" means unwanted touching or grabbing of sexual parts, indecent exposure, using force to engage in intercourse, oral sex, or other sexual contact, engaging in intercourse, oral sex, or other sexual contact despite the other person's clearly expressed refusal or mental or physical inability to consent.

 

"Terroristic threatening" means:

(1)            A threat, by word or conduct, to cause bodily injury to another person or serious damage to property of another person;

(2)            With the intent to cause, or in reckless disregard of the risk of causing evacuation of a building, place of assembly, or facility of public transportation; or

(3)            Displaying a "look-alike" gun or weapon.