Gross Deviation Definition
In State v. Moser, 107 Hawai'i 159, 111 P.3d 54 (App. 2005), the Court discussed the meaning of the phrase "gross deviation."
(a) The Unreasonable-Noise-Attendant-Circumstances Element
Unreasonable noise requires a gross deviation from the ordinary standards of behavior. HRS 711-1101(2). "Gross deviation" is not defined in the disorderly conduct statute, nor does Hawaii case law explain the meaning of the term. See State v. Najibi, 78 Hawai'i 282, 284, 892 P.2d 475, 477 (App.1995) (mentioning gross deviation standard but not discussing it). Black's Law Dictionary defines "gross" as "out of all measure; beyond allowance; flagrant; shameful; as a gross dereliction of duty, a gross injustice, gross carelessness or negligence. Such conduct as is not to be excused." Black's Law Dictionary 702 (6th ed. 1990) (citation omitted). See also State Bd. of Dental Exam'rs v. Savelle, 90 Colo. 177, 8 P.2d 693, 696 (1932) (adopting above definition of "gross"). Id. at 172, 111 P.3d at 67.
To be a "gross deviation," the risk of the occurrence of personal injury and/or property damage must be more than substantial and/or that what is being risked is no less than "substantial bodily injury" and/or substantial property damage.