Bill > SB278

This bill modifies Hawaii's assault laws to remove the requirement that a perpetrator knowingly or intentionally target a victim based on their age in cases involving assault against elderly individuals. Specifically, the bill raises the threshold age for enhanced assault charges from 60 to 65 years old and eliminates the previous legal requirement that the perpetrator must have known or reasonably should have known the victim's age. Under the new provisions, a person would be strictly liable (legally responsible) for assault against a person 65 years or older, regardless of whether they were aware of the victim's age at the time of the assault. The bill applies these changes to both first-degree assault (which involves causing serious bodily injury) and second-degree assault (which involves causing substantial or bodily injury), effectively making it easier to prosecute assaults against older individuals by removing the need to prove the perpetrator's state of mind regarding the victim's age. The changes aim to provide additional legal protection for elderly crime victims by reducing potential legal barriers to prosecution.

Health and Social Services

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=278&year=2026