Originally Posted by
kilo
If this gets contested will a prosecutor not have to challenge the airlines studies that demonstrate how difficult it is to transmit the virus on a flight?
I doubt it will get that far - I doubt this local couple has deep pockets to fight this and they've lost big time in the court of public opinion. I don't think Kauai even has jurisdiction to charge over the actual time in the air - it is when they landed and put feet on the ground they could charge.
They've been charged with reckless endangerment in the second degree in Hawaii, which has a low bar - it isn't even a felony.
House Bill (hawaii.gov)Reckless endangering in the second degree. (1) A person commits the offense of reckless endangering in the second degree if the person:
(a) Engages in conduct that recklessly places another person in danger of death or serious bodily injury