Yahoo! E-mail Scam from Suddenlink.net

Hawaii State Law Regarding Internet Impersonation

If you are being impersonated on the Internet (i.e. a fake FaceBook profile or e-mail address), the following is a Hawaii state law that be used to prosecute the suspected culprit...

[§711-1106.6] Harassment by impersonation. (1) A person commits the offense of harassment by impersonation if that person poses as another person, without the express authorization of that person, and makes or causes to be made, either directly or indirectly, a transmission of any personal information of the person to another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to harass, annoy, or alarm any person.

(2) Harassment by impersonation is a misdemeanor.

(3) For the purposes of this section:

"Personal information" means information associated with an actual person that is a name, an address, a telephone number, or an electronic mail address.

"Pose" means to falsely represent oneself, directly or indirectly, as another person or persons. [L 2008, c 133, §1]

CyberSafety Presentation on 03.25.2010

Presented by,

Det. Chris Duque (Retired) a 30 year veteran of the Honolulu Police Department, who has been specializing in cyber crimes investigation and computer forensics since 1990.

This is an informative presentation about the risks and dangers facing children and teenagers while they are online. Presentation will include a "live" tour of selected Internet websites which parents should be aware of.

Topics will include privacy, the global village, and the permanence of the Internet.

Parents can be bring their children/teenagers, BUT be aware of the following warning - Some material may be inappropriate for younger children.

Therefore, no children under the age of 18 will be admitted without being accompanied by a parent/guardian.

Thursday March 25, 2010, 6:00pm - 7:00pm

Registration at welcome center

Call 941-3344 to reserve your seat(s)

Donation of $5.00 all proceeds will be donated to Central YMCA

Atkinson Drive

941-3344

2 1/2hrs free parking available at the Yacht Harbor Towers.

KGMB's SunRise Show: Hawaii Heroes featuring Chris Duque

What Happens If Sexting is Child Pornography?

These are the Hawaii Revised Statutes, which are applicable if the image file (photo or video) is defined as child pornography in the Hawaii Revised Statutes:

707-750 Promoting child abuse in the first degree.

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0750.htm

707-751 Promoting child abuse in the second degree.

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0751.htm

707-752 Promoting child abuse in the third degree.

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0752.htm

707-753 Affirmative defense to promoting child abuse.

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0753.htm

And here are the penalties…

706-659 Sentence of imprisonment for class A felony.

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0659.htm

706-660 Sentence of imprisonment for class B and C felonies; ordinary terms.

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0660.htm

706-640 Authorized fines.

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0706/HRS_0706-0640.htm

In addition, the convicted person needs to register with the state of Hawaii as a sex offender…

CHAPTER 846E

REGISTRATION OF SEX OFFENDERS AND OTHER COVERED

OFFENDERS AND PUBLIC ACCESS TO REGISTRATION INFORMATION

846E-1 Definitions

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0846E/HRS_0846E-0001.htm

"Words Can Hurt"

Following video was created by students of Nuuanu Elementary School for the 2009 Internet Safety Awards.

How Hawaii Laws Define Child Pornography

"Child pornography" means any pornographic visual representation, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexual conduct, if:

(a) The pornographic production of such visual representation involves the use of a minor engaging in sexual conduct; or

(b) The pornographic visual representation has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct.

"Community standards" means the standards of the State.

"Computer" shall have the same meaning as in section 708-890HRS.

"Lascivious" means tending to incite lust, to deprave the morals in respect to sexual relations, or to produce voluptuous or lewd emotions in the average person, applying contemporary community standards.

"Material" means any printed matter, visual representation, or sound recording and includes, but is not limited to, books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, and tape or wire recordings.

"Minor" means any person less than eighteen years old.

"Performance" means any play, motion picture film, dance, or other exhibition performed before any audience.

"Pornographic" shall have the same meaning as in section 712-1210.

"Produces" means to produce, direct, manufacture, issue, publish, or advertise.

"Sadomasochistic abuse" means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.

"Sexual conduct" means acts of masturbation, homosexuality, lesbianism, bestiality, sexual penetration, deviate sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area of a minor.

"Visual representation" refers to, but is not limited to, undeveloped film and videotape and data stored on computer disk or by electronic means that are capable of conversion into a visual image.

(3) The fact that a person engaged in the conduct specified by this section is prima facie evidence that the person engaged in that conduct with knowledge of the character and content of the material or the performance produced, directed, or participated in. The fact that the person who was employed, used, or otherwise contained in the pornographic material or performance, was at that time, a minor, is prima facie evidence that the defendant knew the person to be a minor.

Does that "sexting" photo or video you made fall into the above description? If so, you jest committed a crime in Hawaii!!!

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0707/HRS_0707-0750.htm