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State v. Helm11/22/2000
n 710-1000, Hawaii [Hawaii] Revised Statutes, as "any public servant vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to a specific class of offenses."
This definition would include police officers, the sheriff and deputy sheriffs of the State Judiciary, law enforcement officers of the Department of the Attorney General, and investigators of the Department of Social Services and Housing.
The bill also provides that the offense of impersonating a peace officer is separate from and not included in the offense of impersonating a public servant. The latter offense, set forth in section 710-1016, Hawaii [Hawaii] Revised Statutes, is a misdemeanor. "Public servant", as defined in section 710-1000, Hawaii [Hawaii] Revised Statutes, "means any officer or employee of any branch of government, whether elected, appointed, or otherwise employed, and any person participating as advisor, consultant, or otherwise, in performing a governmental function, but the term does not include jurors or witnesses."
Testimony from both the Honolulu Police Department and Honolulu Prosecuting Attorney's Office discussed the particularly serious problem of recent cases involving sexual abuse, assault, and homicide of female motorists committed by persons posing as law enforcement officers.
In light of these recent cases, your Committee recognizes the need to establish an offense which imposes a greater criminal penalty for impersonating law enforcement officers. Sen. Stand. Comm. Rep. No. 490-84, in 1994 Senate Journal (Reg. Sess.) at 1232-33.
In 1987, the legislature repealed HRS § 710-1016.5 and enacted HRS §§ 710.1016.6 through 710-1016.9, which read as follows:
§710-1016.6 Impersonating a law enforcement officer in the first degree. (1) A person commits the offense of impersonating a law enforcement officer in the first degree if, with intent to deceive, the person pretends to be a law enforcement officer and is armed with a firearm.
(2) Impersonating a law enforcement officer in the first degree is a class C felony.
§710-1016.7 Impersonating a law enforcement officer in the second degree. (1) A person commits the offense of impersonating a law enforcement officer in the second degree if, with intent to deceive, the person pretends to be a law enforcement officer.
(2) Impersonating a law enforcement officer in the second degree is a misdemeanor. §710-1016.8 Presumptions. Any person other than a law enforcement officer, who wears the uniform or displays the badge or identification card of a law enforcement officer, or who wears a uniform or displays a badge or identification card resembling the uniform, badge or identification card of a law enforcement officer, or a badge or identification card purported to be a law enforcement officer's badge or identification card, shall be presumed to be pretending to be a law enforcement officer.
§710-1016.9 Defense. (1) Employment by the State or a subdivision thereof or by the United States as a law enforcement officer at the time of the conduct charged is an affirmative defense to a prosecution for impersonating a law enforcement officer.
(2) It is no defense to a prosecution for impersonating a law enforcement officer that the office the person pretended to hold did not in fact exist. 1 1987 Haw. Sess. L. Act 130, § 3 at 204-05.
Additionally, the legislature changed the definition of "peace officer" under HRS § 710-1000(13) to "law enforcement officer" as follows:
(13) "Law enforcement officer" means any public servant, whether employed
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