Stalking
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.
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Harassment
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.
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Related
Offenses
HRS § 711-1110.9. Violation of privacy in the first
degree. (2004)
(1)
A
person commits the offense of violation of privacy in the first degree if,
except in the execution of a public duty or as authorized by law, the person
intentionally or knowingly installs or uses, or both, in any private place,
without consent of the person or persons entitled to privacy therein, any
device for observing, recording, amplifying, or broadcasting another person in
a stage of undress or sexual activity in that place.
(2)
Violation of privacy in the
first degree is a class C felony. In addition to any penalties the court may
impose, the court may order the destruction of any recording made in violation
of this section.
HRS §
711-1111. Violation of privacy in the second
degree. (2006)
(1)
A
person commits the offense of violation of privacy in the second degree if,
except in the execution of a public duty or as authorized by law, the person
intentionally:
(a)
Trespasses on property for the
purpose of subjecting anyone to eavesdropping or other surveillance in a
private place;
(b)
Peers
or peeps into a window or other opening of a dwelling or other structure
adapted for sojourn or overnight accommodations for the purpose of spying on
the occupant thereof or invading the privacy of another person with a lewd or
unlawful purpose, under circumstances in which a reasonable person in the
dwelling or other structure would not expect to be
observed;
(c)
Trespasses on property for the
sexual gratification of the actor;
(d)
Installs or uses, or both, in
any private place, without consent of the person or persons entitled to
privacy therein, any means or device for observing, recording, amplifying, or
broadcasting sounds or events in that place, including another person in a
stage of undress or sexual activity;
(e)
Installs or uses outside a
private place any device for hearing, recording, amplifying, or broadcasting
sounds originating in that place which would not ordinarily be audible or
comprehensible outside, without the consent of the person or persons entitled
to privacy therein;
(f)
Covertly records or broadcasts
an image of another person's intimate area underneath clothing, by use of any
device, and that image is taken while that person is in a public place and
without that person's consent;
(g)
Intercepts, without the consent
of the sender or receiver, a message or photographic image by telephone,
telegraph, letter, electronic transmission, or other means of communicating
privately; but this paragraph does not apply to:
(i)
Overhearing of messages through
a regularly installed instrument on a telephone party line or an extension;
or
(ii)
Interception by the telephone
company, electronic mail account provider, or telephone or electronic mail
subscriber incident to enforcement of regulations limiting use of the
facilities or incident to other operation and
use;
(h)
Divulges, without the consent of
the sender or the receiver, the existence or contents of any message or
photographic image by telephone, telegraph, letter, electronic transmission,
or other means of communicating privately, if the accused knows that the
message or photographic image was unlawfully intercepted or if the accused
learned of the message or photographic image in the course of employment with
an agency engaged in transmitting it; or
(i)
Knowingly possesses materials
created under circumstances prohibited in section
711-1110.9.
(2)
This
section shall not apply to any dissemination, distribution, or transfer of
images subject to this section by an electronic communication service provider
or remote storage service in the ordinary course of its business. For the
purpose of this subsection:
"Electronic
communication" means any transfer of signs, signals, writing, images, sounds,
data, or intelligence of any nature transmitted in whole or part by a wire,
radio, electromagnetic, photoelectronic, or photo-optical
system.
"Electronic communication service provider" means any
person engaged in the offering or sale
of electronic communication services to the public.
"Remote storage
service" means the provision to the public of
computer storage or processing services by means of an electronic
communication system.
"Electronic communication system" means any wire,
radio, electromagnetic, photo-optical, or photoelectronic facilities for
the transmission of wire or electronic communications, and any computer
facilities or related electronic equipment for the electronic storage of such
communications, including e-mail, web hosting, multimedia messaging services,
and remote storage services offered by an electronic communication service
provider.
(4)
Violation of privacy in the
second degree is a misdemeanor. In addition to any penalties the court may
impose, the court may order the destruction of any recording made in violation
of this section.
HRS § 803-42. Interception, access, and disclosure of
wire, oral, or electronic communications, use of pen register, trap and trace
device, and mobile tracking device prohibited.
(2006)
(a)
Except as otherwise specifically
provided in this part any person who:
(1)
Intentionally intercepts,
endeavors to intercept, or procures any other person to intercept or endeavor
to intercept, any wire, oral, or electronic
communication;
(2)
Intentionally uses, endeavors to
use, or procures any other person to use or endeavor to use any electronic,
mechanical, or other device to intercept any wire, oral, or electronic
communication when:
(A)
Such
a device is affixed to, or otherwise transmits a signal through, a wire,
cable, or other similar connection used in wire communication;
or
(B)
Such
a device transmits communications by radio, or interferes with the
transmission of such communication;
(3)
Intentionally discloses, or
endeavors to disclose, to any other person the contents of any wire, oral, or
electronic communication, knowing or having reason to know that the
information was obtained through the interception of a wire, oral, or
electronic communication in violation of this
part;
(4)
Intentionally uses, or endeavors
to use, the contents of any wire, oral, or electronic communication, knowing
or having reason to know that the information was obtained through the
interception of a wire, oral, or electronic communication in violation of this
part;
(5)
(A)
Intentionally accesses without
authorization a facility through which an electronic communication service is
provided; or
(B)
Intentionally exceeds an
authorization to access that facility; and thereby obtains, alters, or
prevents authorized access to a wire or electronic communication while it is
in electronic storage;
(6)
Intentionally discloses, or
attempts to disclose, to any other person the contents of any wire, oral, or
electronic communication, intercepted by means authorized by subsection
(b)(1), (2), or (3), or section 803-44 or 803-46;
and
(A)
Either:
(i)
Knowing or having reason to know
that the information was obtained through the interception of the
communication in connection with a criminal investigation;
or
(ii) Having obtained or received the
information in connection with a criminal investigation;
and
(B)
With
the intent to improperly obstruct, impede, or interfere with a duly authorized
criminal investigation.
(7)
Intentionally installs or uses a
pen register or a trap and trace device without first obtaining a court order;
or
(8)
Intentionally installs or uses a
mobile tracking device without first obtaining a search warrant or other order
authorizing the installation and use of such device, unless the device is
installed by or with consent of the owner of the property on which the device
is installed;
shall be guilty of a class C
felony.
(b)
(1)
It
shall not be unlawful under this part for an operator of a switchboard, or an
officer, employee, or agent of a provider of wire or electronic communication
services, whose facilities are used in the transmission of a wire
communication, to intercept, disclose, or use that communication in the normal
course of the officer's, employee's, or agent's employment while engaged in
any activity that is either a necessary incident to the rendition of the
officer's, employee's, or agent's service or to the protection of the rights
or property of the provider of that service; provided that providers of wire
communication service to the public shall not utilize service observing or
random monitoring except for mechanical or service quality control
checks.
(2)
It
shall not be unlawful under this part for an officer, employee, or agent of
the Federal Communications Commission, in the normal course of the officer's,
employee's, or agent's employment and in discharge of the monitoring
responsibilities exercised by the Commission in the enforcement of title 47,
chapter 5, of the United States Code, to intercept a wire or electronic
communication, or oral communication transmitted by radio, or to disclose or
use the information thereby obtained.
(3)
(A)
It
shall not be unlawful under this part for a person not acting under color of
law to intercept a wire, oral, or electronic communication when the person is
a party to the communication or when one of the parties to the communication
has given prior consent to the interception unless the communication is
intercepted for the purpose of committing any criminal or tortious act in
violation of the Constitution or laws of the United States or of this
State.
(B)
It
shall not be unlawful for a person acting under color of law to install in any
private place, without consent of the person or persons entitled to privacy
therein, any device for recording, amplifying, or broadcasting sounds or
events in that place, or use of any such unauthorized installation, or
installation or use outside a private place of such device to intercept sounds
originating in that place which would not ordinarily be audible or
comprehensible outside
(4)
It
shall not be unlawful under this part for a person acting under color of law
to intercept a wire, oral, or electronic communication, when the person is a
party to the communication or one of the parties to the communication has
given prior consent to the interception.
(5)
It
shall not be unlawful under this part for any person to intercept a wire,
oral, or electronic communication or to disclose or use the contents of an
intercepted communication, when such interception is pursuant to a valid court
order under this chapter or as otherwise authorized by law; provided that a
communications provider with knowledge of an interception of communications
accomplished through the use of the communications provider's facilities shall
report the fact and duration of the interception to the administrative
director of the courts of this State.
(6)
Notwithstanding any other law to
the contrary, providers of wire or electronic communication service, their
officers, employees, and agents, landlords, custodians, or other persons, are
authorized to provide information, facilities, or technical assistance to
persons authorized by law to intercept or access wire, oral, or electronic
communications, to conduct electronic surveillance, or to install a pen
register or trap and trace device if such provider, its officers, employees,
or agents, landlord, custodian, or other specified person, has been provided
with:
(A)
A
court order directing such assistance signed by the designated judge;
or
(B)
A
certification in writing from the Attorney General of the United States, the
Deputy Attorney General of the United States, the Associate Attorney General
of the United States, the attorney general of the State of Hawaii, or the
prosecuting attorney for each county that no warrant or court order is
required by law, that all statutory requirements have been met, and that the
specific assistance is required, setting forth the period of time during which
the providing of the information, facilities, or technical assistance is
authorized and specifying the information, facilities, or technical assistance
required.
No provider of wire or electronic communication service,
officer, employee, or agent thereof, or landlord, custodian, or other
specified person shall disclose the existence of any access, interception, or
surveillance or the device used to accomplish the interception or surveillance
for which the person has been furnished a court order or certification under
this part, except as may otherwise be required by legal process and then only
after prior notification to the party that provided the court order or
certification.
No cause of action shall lie in any court against any
provider of wire or electronic communication service, its officers, employees,
or agents, landlord, custodian, or other specified person for providing
information, facilities, or assistance in accordance with the terms of a court
order or certification under this part.
(7) It shall not be unlawful under
this part for any person:
(A)
To
intercept or access an electronic communication made through an electronic
communication system configured so that the electronic communication is
readily accessible to the general public.
(B)
To
intercept any radio communication that is
transmitted:
(i)
By
any station for the use of the general public, or that relates to ships,
aircraft, vehicles, or persons in distress;
(ii) By any governmental, law
enforcement, civil defense, private land mobile, or public safety
communications system, including police and fire, readily accessible to the
general public;
(iii)
By a
station operating on an authorized frequency within the bands allocated to the
amateur, citizens band, or general mobile radio services;
or
(iv)
By
any marine or aeronautical communications system.
(C)
To
engage in any conduct that:
(i)
Is
prohibited by section 633 of the Communications Act of 1934 (47
U.S.C. §553);
or
(ii) Is excepted from the application
of section 705(a) of the Communications Act of 1934 by section 705(b) of that
Act (47
U.S.C. §605).
(D)
To
intercept any wire or electronic communication the transmission of which is
causing harmful interference to any lawfully operating station or consumer
electronic equipment to the extent necessary to identify the source of the
interference;
(E)
For
other users of the same frequency to intercept any radio communication made
through a system that uses frequencies monitored by individuals engaged in the
providing or the use of the system, if the communication is not scrambled or
encrypted.
(8)
It
shall not be unlawful under this part:
(A)
To
use a pen register or a trap and trace device as specified in this
part.
(B)
For a
provider of electronic communication service to record the fact that a wire or
electronic communication was initiated or completed in order to protect the
provider, another provider furnishing service toward the completion of the
wire or electronic communication, or a user of that service, from the
fraudulent, unlawful, or abusive use of such
service.
(C)
For a
provider of electronic or wire communication service to use a pen register or
a trap and trace device for purposes relating to the operation, maintenance,
and testing of the wire or electronic communication service or to the
protection of the rights or property of the provider, or to the protection of
users of that service from abuse of service or unlawful use of
service.
(D)
To
use a pen register or a trap and trace device where consent of the user of the
service has been obtained.
(9)
Good
faith reliance upon a court order shall be a complete defense to any criminal
prosecution for illegal interception, disclosure, or
use.
(10)
Except as provided in this
section, a person or entity providing an electronic communication service to
the public shall not intentionally divulge the contents of any communication
(other than a communication to the person or entity or an agent thereof) while
in transmission on that service to any person or entity other than an
addressee or intended recipient of the communication or an agent of the
addressee or intended recipient.
(11)
A
person or entity providing electronic communication service to the public may
divulge the contents of any such communication:
(A)
As
otherwise authorized by a court order or under this
part;
(B)
With
the lawful consent of the originator, addressee, or intended recipient of the
communication;
(C)
To a
person employed or authorized, or whose facilities are used, to forward the
communication to its destination; or
(D)
That
was inadvertently obtained by the service provider and that appears to pertain
to the commission of a crime, if divulged to a law enforcement agency.
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