The following definitions were effective prior to the 1.12.0 release. For a current reference, see About Worksheets. (Background on screen versions.) Note that the current eCSSS displays definitions and elements checklists on the screens themselves.
Assault means intentionally, knowingly, recklessly, or negligently causing serious bodily injury or bodily injury to another person with or without a dangerous instrument.
Elements Checklist
Intentionally, knowingly, recklessly OR negligently.
Causing
Serious bodily injury OR bodily injury to another person. AND
With OR without a dangerous instrument.
Burglary means intentionally entering or remaining unlawfully in a building with intent to commit therein a crime against a person or against property rights.
Elements Checklist
Intentionally entering OR remaining UNLAWFULLY in a building
With intent to commit a crime AND
Against a person OR against property rights.
Class Cutting means an unauthorized absence of a student from class.
Elements Checklist
Unauthorized absence
Of a student AND
From class.
Contraband means a property, other than which is unlawful to produce or possess, which, as defined by local school rules, is prohibited on school premises because the possession or use of the property on school premises has in the past led to bodily injury or disruption of school operations.
Elements Checklist
Property, other than which is unlawful to produce OR possess, which as defined by local school rules is prohibited from school premises. OR
Possession or use of the property on school premises has, in the past, led to:
Bodily injury OR disruption of school operations.
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 nunchucku sticks and 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.
Elements Checklist
Any explosive device, instrument, material or chemical, whether animate or inanimate AND
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 include, but are not limited to:
Knives.
Pipe bomb devices.
Fireworks.
Pepper spray.
Mace.
Martial arts devices, such as nunchucku sticks and stars.
Inanimate objects, such s pipes, sticks, or baseball bats swung at a person in a menacing manner so as to cause or threaten bodily harm.
Dangerous weapon means a dirk, dagger, butterfly knife, switchblade knife, blackjack, slug shot, billy, metal knuckles, or other instrument whose sole design and purpose is to inflict bodily injury or death.
Elements Checklist
Dirk.
Dagger.
Butterfly knife.
Switchblade knife.
Blackjack.
Slug shot.
Billy.
Metal knuckles OR
Other instrument whose sole design and purpose is to inflict bodily injury or death.
Engaging in fighting or threatening, or in violent or tumultuous behavior such as yelling or screaming, or both;
Making unreasonable noise as to cause disruption of normal school operations;
Making any offensively coarse utterance, gesture, or display, or addressing abusive language to any person present, which is likely to provoke a violent response;
Creating a hazardous or physically offensive condition by any act which is not performed under any authorized license or permit; or
Impeding or obstructing any person in a public school for the purpose of begging or soliciting alms or other forms of aid; with the intent to cause physical inconvenience or alarm to a member or members of the public school, or recklessly creating a risk thereof.
Disrespect/non-compliance means student engages in brief or low-intensity failure to respond to adult requests.
Dress code violation means student wears clothing that is not within the dress code guidelines defined by the school.
Drug paraphernalia means all equipment, products, and materials of any kind which are 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. It includes, but is not limited to:
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, concealing controlled substances;
Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
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:
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;
Miniature cocaine spoons, and cocaine vials, bongs, ice pipes, or chillers; and
Any and all other drug paraphernalia as described and defined pursuant to section 329-1, Hawaii Revised Statutes.
Elements Checklist
ALL equipment, products and materials of any kind which are used, intended for use, designed for use, in planting, harvesting, producing, storing, containing, concealing injecting, ingesting, inhaling or otherwise introduced into the human body a controlled substance in violation of this chapter.
Includes, but is NOT limited to:
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, concealing controlled substances.
Hypodermic syringes, needles, and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body
Objects 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.
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 hand.
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 which:
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:
Cause bodily injury in the future to the person threatened or to any other person;
Cause damage to property;
Subject the person threatened or any other person to physical confinement or restraint;
Commit a penal offense;
Accuse some person of any offense or cause a penal charge to be instituted against some person;
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;
Reveal any information sought to be concealed by the person threatened or any other person;
Testify or provide information or withhold testimony or information with respect to another's legal claim or defense;
Take or withhold action as a public servant, or cause a public servant to take or withhold such action;
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
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, business, calling, career, financial condition, reputation, or personal relationship;
Intentionally 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 subparagraphs (A) through (K) of this definition; or
Makes or finances any extension of credit, or collects any extension of credit by extortionate means.
Elements Checklist
An act committed by a person who
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:
Cause bodily injury in the future to the person threatened or to any other person.
Cause property damage.
Subject person threatened or any other person to physical confinement or restraint.
Commit a penal offense.
Accuse some person of any offense or cause a penal charge to be instituted against some person.
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.
Reveal any information sought to be concealed by the person threatened or any other person.
Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense.
Take or withhold action as a public servant, or cause a public servant to take or withhold such action.
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
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, business, calling, career, financial condition, reputation, or personal relationship. OR
Intentionally compels or induces another person to engage in conduct from which that person has a legal right to engage by threatening by word or conduct to do any of the actions set forth in subparagraphs (A) to (K) of this definition. OR
Makes or finances any extension of credit, or collects any extension of credit by extortionate means.
Rendering a false alarm means knowingly causing a false alarm of fire or other emergency to be transmitted to or within an official or volunteer fire department, any governmental agency, or public utility that deals with emergencies involving danger to life or property.
Elements Checklist
Knowingly causing a false alarm of fire OR other emergency AND
To be transmitted to or within an official or volunteer fire department, any governmental agency or public utility that deals with emergencies involving danger to life OR property.
Firearm means any weapon (including a starter gun, shotgun, airgun, or cross bow) which will or is designed to or may readily be converted to expel a projectile; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or any destructive device. The term destructive device means:
Any explosive, incendiary, or poison gas:
bomb;
grenade,
rocket having a propellant charge of more than four ounces,
missile having an explosive or incendiary charge of more than one-quarter ounce,
mine, or
device similar to any of the devices described in the preceding clause.
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; and
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.
Elements Checklist
A. ANY weapon which will OR is designed to OR may readily be converted to expel a projectile; the frame OR receiver of any such weapon, any firearm muffler or firearm silencer OR any destructive device. Includes, but is not limited to:
Starter gun.
Shotgun.
Air gun OR
Cross bow. OR
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 AND
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.
Destructive device means:
ANY explosive, incendiary or poison gas:
Bomb.
Grenade.
Rocket having a propellant charge of more than four ounces.
Missile having an explosive or incendiary charge of more than one quarter ounce.
Mine OR
Device similar to an of the devices described in the preceding clause.
Gambling means staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the person’s control or influence, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. Gambling does not include bona fide business transactions valid under the law of contracts, including but not limited to contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including but not limited to contracts of indemnity or guaranty and life, health, or accident insurance.
Elements Checklist
Staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the person’s control or influence. AND
Upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome.
Does NOT include:
Bona fide business transactions valid under the law of contracts, including but NOT limited to contracts for the purchase or sale at a future date of securities or commodities.
Agreements to compensate for loss caused by the happening of chance, including but not limited to contracts of indemnity or guaranty and life, health, or accident insurance.
Harassment means a person acts with intent to harass, annoy or alarm if he or she:
Strikes, shoves, kicks, or otherwise touches a person in an offensive manner or subjecting such person to offensive physical contact;
Insults, taunts, or challenges another person in a manner likely to provoke a violent response;
Makes verbal or non-verbal expressions for reasons of, including but not limited to, race, color, national origin, ancestry, sex, religion, disability, or sexual orientation which create an intimidating, hostile or offensive school environment, or interfere with the education of a student, or otherwise adversely affect the educational opportunity of a student;
Name calls, makes rude gestures, insults, or constantly teases another person who feels humiliated, intimidated, threatened and/or embarrassed;
Makes a telephone call without purpose of legitimate communication;
Makes repeated communications anonymously, or at extremely inconvenient hours, or in offensively coarse language;
Causes fear as to prevent others from gaining legitimate access to or use of school buildings, facilities or grounds such as, but not limited to, restroom facilities;
Causes others to feel uncomfortable, pressured, threatened, or in danger as a result of sexually-related verbal or physical activity (sexual harassment); or
Displays a "look-alike" gun or weapon.
Elements Checklist
Person acts with intent to harass, annoy or alarm if he or she:
Strikes, shoves, kicks, or otherwise touches a person in an offensive manner or subjecting such person to offensive physical contact.
Insults, taunts, or challenges another person in a manner likely to provoke a violent response.
Makes verbal or non-verbal expressions for reasons of, including but not limited to, race, color, national origin, ancestry, sex, religion, disability, or sexual orientation which create an intimidating, hostile or offensive school environment, or interfere with the education of a student, or otherwise adversely affect the educational opportunity of a student.
Name calls, makes rude gestures, insults, or constantly teases another person who feels humiliated, intimidated, threatened and/or embarrassed.
Makes a telephone call without purpose of legitimate communication.
Makes repeated communications anonymously, or at extremely inconvenient hours, or in offensively coarse language.
Causes fear as to prevent others from gaining legitimate access to or use of school buildings, facilities or grounds such as, but not limited to, restroom facilities.
Causes others to feel uncomfortable, pressured, threatened, or in danger as a result of sexually-related verbal or physical activity (sexual harassment) OR
Displays a look-alike gun or weapon.
Illicit drugs means substances, the possession, distribution, ingestion, manufacture, sale or delivery of which are prohibited under Chapter 329 and Chapter 712, Part IV, Hawaii Revised Statutes, including any controlled substance, drug, intoxicating compound, marijuana, forms of methamphetamine and anabolic steroids, and cocaine forms and derivatives; or other substances which are illegal to possess, use, promote or sell according to any other Hawaii statute or federal law.
Elements Checklist
Substances.
The possession, distribution, ingestion, manufacture, sale OR delivery of which are prohibited under HRS §329 and §712, Part IV.
Includes any:
Controlled substance.
Drug.
Intoxicating compound.
Marijuana.
Forms of methamphetamine and anabolic steroids, and cocaine forms AND
Derivatives or other substances which are illegal to possess, use promote or sell according to any other Hawaii statute or federal law.
Inappropriate language means student engages in low intensity instance of inappropriate language.
Insubordination means willful or intentional disregard or refusal to obey an order which a teacher, officer or other employee of the department is entitled to give and have obeyed.
Elements Checklist
Willful OR intentional disregard OR refusal to obey an order, AND
Which a teacher, officer or other employee of the department is entitled to give and have obeyed.
Leaving campus without consent means leaving the premises of a school without first obtaining permission from school officials.
Elements Checklist
Leaving premises of school AND
Without first obtaining permission from school officials.
Leaving campus without consent means leaving the premises of a school without first obtaining permission from school officials.
Elements Checklist
Leaving premises of school AND
Without first obtaining permission from school officials.
Murder means intentionally or knowingly causing the death of another person.
Elements Checklist
Intentionally OR knowingly causing the death of another person.
Physical contact means student engages in non-serious, but inappropriate physical contact.
Intentionally or recklessly damaging the property of another; or
Mischievously or maliciously destroying or defacing school property.
Elements Checklist
Intentionally OR recklessly damaging the property of another OR
Mischievously OR maliciously destroying OR defacing school property.
Property misuse means student engages in low-intensity misuse of property.
Robbery means, in the course of committing a theft, or hijacking, a person:
Attempts to kill another, or intentionally inflicts or attempts to inflict serious bodily injury upon another; or
With or without a dangerous instrument:
Uses force against the person with the intent to overcome the owner’s physical resistance or physical power of resistance;
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
Recklessly inflicts serious bodily injury upon another.
Elements Checklist
In course of committing a theft OR hijacking a person:
Attempts to kill another OR intentionally inflicts or attempts to inflict serious bodily injury upon another OR
With OR without a dangerous instrument
Uses force against the person with the intent to overcome the owner’s physical resistance or physical power of resistance.
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
Recklessly inflicts serious bodily injury upon another.
Sexual offense or sexual assault means rape, sodomy, sexual abuse, incest, indecent exposure, and such other offenses as defined in Chapter 707, Part V, Hawaii Revised Statutes.
Elements Checklist
Rape.
Sodomy.
Sexual abuse.
Incest.
Indecent exposure AND
Other such offense as defined in HRS §707, Part IV.
Tardy means (1) student arrives to school after school has started and/or (2) student arrives at class after class has started.
Terroristic threatening means a threat, by word or conduct, to cause bodily injury to another person or serious damage to property of another or to commit a felony, such as a bomb threat, within the meaning of the state penal code:
With the intent to terrorize, or in reckless disregard of the risk of terrorizing, another person; or
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.
Elements Checklist
Threat by word or conduct
To cause bodily injury to another person or serious damage to property of another or to commit a felony, such as a bomb threat, within the meaning of the state penal code.
With the intent to terrorize, OR in reckless disregard of the risk of terrorizing, another person OR
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.
Obtaining, or exerting control over, the property of another with intent to deprive that person of the property;
Obtaining, or exerting control over, the property of another by deception with intent to deprive the person of the property;
Obtaining, or exerting control over, the property of another which the person knows to have been lost or mislaid, or to have been delivered under a mistake as to the nature or amount of the property, the identity of the recipient, or other facts, and with the intent to deprive the owner of the property, the person fails to take reasonable measures to discover and notify the owner;
Intentionally obtaining services, known by the person to be available only for compensation, by deception, false token, or other means to avoid payment for the services;
Having control over the disposition of services of another to which the person is not entitled, intentionally diverts those services to the person’s own benefit or to the benefit of a person not entitled thereto;
Failing to make required disposition of funds by:
Intentionally obtaining property from anyone upon an agreement, or subject to a known legal obligation, to make specified payment or other disposition, whether from the property or its proceeds or from the person’s own property reserved in equivalent amount, and dealing with the property as the person’s own and failing to make the required payment or disposition; or
Obtaining personal services from an employee upon agreement or subject to a known legal obligation to make a payment or other disposition of funds to a third person on account of the employment, and intentionally failing to make the payment or disposition at the proper time;
Intentionally receiving, retaining, or disposing of the property of another, knowing that it has been stolen, with intent to deprive the owner of the property, or
Shoplifting:
Concealing or taking possession of the goods or merchandise of any store or retail establishment, with the intent to defraud;
Altering the price tag or other price marking on goods or merchandise of any store or retail establishment, with intent to defraud; or
Transferring the goods or merchandise of any store or retail establishment from one container to another, with intent to defraud.
Elements Checklist
Obtaining, or exerting control over, the property of another with intent to deprive that person of the property. OR
Obtaining, or exerting control over, the property of another by deception with intent to deprive the person of the property. OR
Obtaining, or exerting control over, the property of another which:
The person knows to have been lost or mislaid, OR
To have been delivered under a mistake as to the nature or amount of the property, the identity of the recipient, or other facts
AND with the intent to deprive the owner of the property, the person fails to take reasonable measures to discover and notify the owner. OR
Intentionally obtaining services, known by the person to be available only for compensation, by deception, false token, or other means to avoid payment for the services. OR
Having control over the disposition of services of another to which the person is not entitled, intentionally diverts those services to the person’s own benefit or to the benefit of a person not entitled thereto; OR
Failing to make required disposition of funds by:
Intentionally obtaining property from anyone upon an agreement, or subject to a known legal obligation, to make specified payment or other disposition, whether from the property or its proceeds or from the person’s own property reserved in equivalent amount, and dealing with the property as the person’s own and failing to make the required payment or disposition; OR
Obtaining personal services from an employee upon agreement or subject to a known legal obligation to make a payment or other disposition of funds to a third person on account of the employment, and intentionally failing to make the payment or disposition at the proper time. OR
Intentionally receiving, retaining, or disposing of the property of another, knowing that it has been stolen, with intent to deprive the owner of the property, OR
Shoplifting:
Concealing or taking possession of the goods or merchandise of any store or retail establishment, with the intent to defraud. OR
Altering the price tag or other price marking on goods or merchandise of any store or retail establishment, with intent to defraud; OR
Transferring the goods or merchandise of any store or retail establishment from one container to another, with intent to defraud.
Trespass means entering or remaining unlawfully in or upon the premises of any school, as defined pursuant to §302A-501, Hawaii Revised Statutes, after reasonable warning or request to leave by school authorities or police officer.
Elements Checklist
Entering OR remaining UNLAWFULLY in or upon the premises of any school, as defined by HRS §302A-501. AND
After reasonable warning OR request to leave by school authorities OR police officer.
Truancy means that the student is absent from the school campus without authorization from the principal or designee.
Elements Checklist
Student is absent from the school campus. AND
WITHOUT authorization from the principal or designee.