Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 711-1105. Obstructing

(1) A person commits the offense of obstructing if, whether alone or with others and having no legal privilege to do so, the person knowingly or recklessly:

(a) Obstructs any highway or public passage;  or

(b) Provides less than thirty-six inches of space for passage on any paved public sidewalk.

(2) A person in a gathering commits the offense of obstructing if the person refuses to obey a reasonable request or order by a law enforcement officer:

(a) To move to prevent or to cease any activity prohibited under subsection (1);  or

(b) To move to maintain public safety by dispersing those gathered in dangerous proximity to a public hazard.

(3) An order to move under subsection (2)(a), addressed to a person whose speech or other lawful behavior attracts an obstructing audience, is not reasonable if the obstruction can be readily remedied by police control.

(4) A person is not guilty of violating subsection (1) solely because persons gather to hear the person speak or because the person is a member of such a gathering.

(5) Obstructing is a petty misdemeanor if the person persists in the conduct specified in subsection (1) after a warning by a law enforcement officer; otherwise it is a violation.


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