Stalking by harassment could increase to felony in Hawaii
HONOLULU (KHON2) — An under-reported problem that deserves to be prosecuted is what some lawmakers are pushing when it comes to harassments by stalking.
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They hope to pass a law that would turn the misdemeanor into a Class C felony.
Legal experts said it is a crime that rarely gets to prosecution, but making harassment by stalking a felony will not be a silver bullet. It is currently a misdemeanor and only carries up to one year in jail.
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'I do think the increase in penalty is warranted, but I'm not sure it's going to really deter anyone. Number one, hardly anyone knows that this law exists,' said defense attorney Megan Kau.
Kau pointed out that most victims of domestic violence file technical restraining orders, which carry their own penalty if the perpetrator is in violation. Lawmakers said that offense is only a misdemeanor and their proposed law would give victims another, stronger legal option.
'This will allow for more prosecution, serious prosecution to individuals that have previously reported as stalking or being stalked,' Rep. Rachele Lamosao said.
The felony charge for stalking by harassment would increase prison time up to five years if passed. Kau said stalking these days goes beyond following someone home.
'In our times now, we see the unwanted communication as text messages or emails. It's rarely direct communication. People aren't that brave, you know. So usually when someone says, stop contacting me, people don't come to the person's house and continue to have direct communication. They text, they email and now, DM, IG,' Kau said. 'But It's always a question about who sent the message, right? Because I could sit behind your computer and use your IG account to send a direct message.'
Lawmakers said there are some situations that could be misconstrued as harassment, but the legislation will at least open a discussion of how the law needs to change.
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'I understand that there might be some unintended consequences to this. But I think this is a start of this conversation and that we need to find a way to keep people safe wherever they are,' Lamosao said.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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