Stalking is, generally speaking, a pattern of malicious behavior (not just a one-time event) intended to cause fear or apprehension in another individual. This may include repeatedly showing up at someone's place of work, making frequent phone calls, or other unwanted acts. Stalking is often (but not always) carried out by estranged spouses and partners. Hawaii stalking laws are laid out in the following table, with more in-depth information below. See Stalking to learn more about this crime.
|Code Section||711.1106.4 & .5|
|Stalking Defined as||Pursuit or surveillance with intent to harass, annoy, or alarm or in reckless disregard of risk thereof without legitimate purpose and which causes other to reasonably believe actor intends to cause bodily injury or property damage; aggravated stalking, stalking and has been convicted of stalking within 5 yrs. of instant offense|
|Punishment/Classification||Stalking: misdemeanor; Aggravated Stalking: Class C felony|
|Penalty for Repeat Offense||If person harasses another by stalking on one occasion for same/similar purpose, becomes felony. See also definition of aggravated stalking|
|Arrest or Restraining Order Specifically Authorized by Statute?||-|
|Constitutionally Protected Activities Exempted?||-|
Note: State laws are constantly changing - contact a Hawaii attorney or conduct your own legal research to verify the state law(s) you are researching.
What Does Hawaii Define as Stalking?
In Hawaii, stalking is defined as "pursuit or surveillance with intent to harass, annoy, or alarm or in reckless disregard of risk thereof without legitimate purpose and which causes other to reasonably believe actor intends to cause bodily injury or property damage."
Therefore, the statute requires the victim to feel intimidated or that the actor intends to hurt them or their property. This can be anything from following someone around, calling regularly, sending unsolicited letters, or making other contact that causes fear.
Getting a Restraining Order in Hawaii
If someone is stalking you, your first instinct may be to try to get a restraining order against that person. Restraining orders are relatively easy to obtain in Hawaii if there's already a history of abuse and violence between the stalker and the victim.
If the victim does not personally know the stalker, and doesn't have much information about them, getting a restraining order may be more difficult. If you know the stalker, there may be other alternatives to a restraining order which may get the unwanted behavior to stop. Getting a restraining order may be expensive, and other out of court methods may be more cost effective.
If you would like to know more about stalking laws, there are many Hawaii criminal law attorneys who may be able to help. Including informing you of stalking laws, they can help to defend you if you are accused of stalking. If you are looking for help to stop a potential stalker, you may wish to speak with a Hawaii attorney with experience with domestic violence issues.
Contact a qualified attorney.