Hawaii Stalking Law

Hawaii

711-1106.4. Aggravated harassment by stalking. 1995.

 

(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 involving the same person under section 711-1106.5 and:

(a) The actions constituting the present offense are in violation of an existing court order, other than one issued ex parte, restraining the same person from contacting, threatening, or physically abusing the same complainant; or

(b) The actions constituting the present offense are in violation of a condition of probation or pretrial release involving the same person.

(2) Aggravated harassment by stalking is a class C felony.

711-1106.5. Harassment by stalking. 1992.

(1) A person commits the offense of harassment by stalking if, with intent to harass, annoy, or alarm another person, or in reckless disregard of the risk thereof, that person pursues or conducts surveillance upon the other person:

(a) Without legitimate purpose; and

(b) Under circumstances which would cause the other person to reasonably believe that the actor intends to cause bodily injury to the other person or another, or damage to the property of the other person or another.

(2) Harassment by stalking is a misdemeanor if the person harasses another person by stalking on more than one occasion for the same or a similar purpose. Otherwise, harassment by stalking is a petty misdemeanor.

(3) A person convicted under this section may be required to undergo a counseling program as ordered by the court.

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