| Also see: |
| No Current Civil Stalking Law |
| No Current Case Law on
Stalking |
| Hawai'i
Resources |
Hawai'i
This page lists the most applicable state crimes
addressing stalking. However, depending on the facts of the case, a stalker
might also be charged with other crimes, such as trespassing, intimidation of a
witness, breaking and entering, etc. Check your state code or consult with your
local prosecutor about other charges that might apply in a particular
case.
HRS § 711-1106.4. Aggravated
harassment by stalking.
(2003)
(1) A person commits the offense of
aggravated harassment by stalking
if that person commits the offense of harassment by stalking
as provided in section 711-1106.5 and has been convicted previously of
harassment by stalking
under section 711-1106.5 within five years of the instant offense.=
(2) Aggravated harassment by stalking
is a class C felony.
HRS § 711-1106.5.
Harassment by stalking. (2009)
(1) A
person commits the offense of harassment if, with intent to harass, annoy, or
alarm any other person, that person:
(a)
Strikes,
shoves, kicks, or otherwise touches another person in an offensive manner or
subjects the other person to offensive physical contact;
(b)
Insults,
taunts, or challenges another person in a manner likely to provoke an immediate
violent response or that would cause the other person to reasonably believe that
the actor intends to cause bodily injury to the recipient or another or damage
to the property of the recipient or another;
(c)
Repeatedly
makes telephone calls, facsimile[,-er] transmissions, or any form of electronic
communication as defined in section 711-1111(2), including electronic mail
transmissions~
without
purpose of legitimate communication;
(d)
Repeatedly
makes a communication anonymously or at an extremely inconvenient
hour;
(e)
Repeatedly
makes communications, after being advised by the person to whom the
communication is directed that further communication is unwelcome; or
(f)
Makes
a communication using offensively coarse language that would cause the recipient
to reasonably believe that the actor intends to cause bodily injury to the
recipient or another or damage to the property of the recipient or
another."
(2) A person convicted under this
section may be required to undergo a counseling program as ordered by the
court.
(3) For
purposes of this section, "nonconsensual contact" means any contact that· occurs
without that individual's consent or in disregard of that person's express
desire that the contact be avoided or discontinued. Nonconsensual contact
includes direct personal visual or oral contact and contact via telephone,
facsimile, or any form of electronic communication, as defined in section
711-1111(2), including electronic mail transmission.
(4) Harassment by stalking
is a misdemeanor.
HRS § 711-1106.
Harassment. (1996)
(1) A person commits the offense of
harassment
if, with intent to harass, annoy, or alarm any other person, that person:
(a) Strikes, shoves, kicks, or
otherwise touches another person in an offensive manner or subjects the other
person to offensive physical contact;
(b) Insults, taunts, or challenges
another person in a manner likely to provoke an immediate violent response or
that would cause the other person to reasonably believe that the actor intends
to cause bodily injury to the recipient or another or damage to the property of
the recipient or another;
(c) Repeatedly makes telephone calls,
facsimile, or electronic mail transmissions without purpose of legitimate
communication;
(d) Repeatedly makes a communication
anonymously or at an extremely inconvenient hour;
(e) Repeatedly makes communications,
after being advised by the person to whom the communication is directed that
further communication is unwelcome; or
(f) Makes a communication using
offensively coarse language that would cause the recipient to reasonably believe
that the actor intends to cause bodily injury to the recipient or another or
damage to the property of the recipient or another.
(2) Harassment is a petty misdemeanor.