§711-1106.4 Aggravated harassment by stalking. (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]
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.
Structure Hawaii Revised Statutes
711. Offenses Against Public Order
711-1101 Disorderly conduct. §711-1101 Commentary:
711-1102 Failure to disperse. §711-1102 Commentary:
711-1103 Riot. §711-1103 Commentary:
711-1104 Unlawful assembly. §711-1104 Commentary:
711-1105 Obstructing. §711-1105 Commentary:
711-1106 Harassment. §711-1106 Commentary:
711-1106.4 Aggravated harassment by stalking.
711-1106.5 Harassment by stalking.
711-1106.6 Harassment by impersonation.
711-1107 Desecration. §711-1107 Commentary:
711-1108 Abuse of a corpse. §711-1108 Commentary:
711-1108.5 Cruelty to animals in the first degree.
711-1109 Cruelty to animals in the second degree.
711-1109.2 Forfeiture of animal prior to filing of or final disposition of criminal charges.
711-1109.3 Cruelty to animals by fighting dogs in the first degree.
711-1109.4 Causing injury or death to a service animal or law enforcement animal.
711-1109.5 Intentional interference with the use of a service animal or law enforcement animal.
711-1109.6 REPEALED. L 2009, c 160, §3.
711-1109.8 Sexual assault of an animal.
711-1109.35 Cruelty to animals by fighting dogs in the second degree.
711-1109.37 Cruelty to animals by trapping.
711-1110 Relating to agent of society.
711-1110.5 Surrender or forfeiture of animals.
711-1110.9 Violation of privacy in the first degree.
711-1111 Violation of privacy in the second degree. §711-1111 Commentary:
711-1112 Interference with the operator of a public transit vehicle.