2013 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
711. Offenses Against Public Order
711-1106.5 Harassment by stalking.

§711-1106.5 Harassment by stalking. (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 engages in a course of conduct involving pursuit, surveillance, or nonconsensual contact upon the other person on more than one occasion without legitimate purpose.

(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. [L 1992, c 292, §2; am L 2003, c 68, §2; am L 2009, c 90, §2]

Cross References

Power to enjoin and temporarily restrain harassment, see §604-10.5.

Surreptitious surveillance, see §707-733(1)(c).

COMMENTARY ON §711-1106.5

Act 292, Session Laws 1992, created the offense of harassment by stalking to strengthen the laws against harassment. A person commits this offense if, with the intent to harass, annoy, or alarm another person, or in reckless disregard of the risk thereof, a person pursues or conducts surveillance upon another without legitimate purpose and under circumstances which would cause the other to reasonably believe that the actor intends to cause bodily injury or property damage. Conference Committee Report No. 57.

Act 68, Session Laws 2003, amended this section by requiring the defendant to engage in a course of conduct involving pursuit, surveillance, or nonconsensual contact on more than one occasion without legitimate purpose and defining "nonconsensual contact" as any contact that occurs without the individual's consent or in disregard of that person's express desire that the contact be avoided or discontinued. Act 68 also repealed the distinction that a single occurrence of a prohibited conduct is a petty misdemeanor. Conference Committee Report No. 54, House Standing Committee Report No. 1315.

Act 90, Session Laws 2009, amended subsection (3), clarifying the definition of "nonconsensual contact" to include contact by means of any form of electronic communication. The legislature found that harassing or insulting electronic communications are a form of harassment that can be just as severe or punishing as other verbal communications or offensive contacts. Senate Standing Committee Report No. 1242.

Case Notes

Where defendant was convicted of harassment by stalking under this section, which is not one of the sexual offenses defined in chapter 707, part V or chapter 846E, trial court abused its discretion when it ordered defendant to undergo sex offender treatment program participation as a condition of probation without a sufficient factual basis that was reasonably related to the nature and circumstances of the offense of harassment by stalking, of which defendant was found guilty. 116 H. 403 (App.), 173 P.3d 550 (2007).