§711-1106.4

Aggravated harassment by stalking

Public order & privacy · Chapter 711 — Offenses Against Public Order · Part I. General Provisions Relating to Offenses

(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. [L 1995, c 159, §1; am L 2003, c 68, §1]

Pattern jury instructions (HAWJIC)

Elements the State must prove for this offense.

HAWJIC 12.32B[12.30 AGGRAVATED HARASSMENT BY STALKING

Source / Amendment history

[L 1995, c 159, §1; am L 2003, c 68, §1]

Cross references, commentary & case notes

Cross References Power to enjoin and temporarily restrain harassment, see §604-10.5. Surreptitious surveillance, see §707-733(1)(c). COMMENTARY ON §711-1106.4 Act 159, Session Laws 1995, added this section to provide for a class C felony offense of aggravated harassment by stalking. The legislature found that a stalker's behavior frequently is characterized by a series of acts directed at the same victim that are progressively more serious in nature. Thus, the legislature believed it necessary to provide enhanced penalties in those cases to deter that type of behavior and to protect the public safety. Conference Committee Report No. 77. Act 68, Session Laws 2003, amended this section by deleting the requirement of violations of court orders and the requirement that the defendant have been convicted previously of harassment by stalking involving the same person, and inserting that the defendant have been convicted previously of harassment by stalking within five years of the instant offense. Conference Committee Report No. 54, House Standing Committee Report No. 1315.

View official source on capitol.hawaii.gov ↗