Cyber Harassment & Stalking

In 2012, the Legislature amended an existing law to add a new cyber harassment and stalking provision. A person commits cyber harassment if, with intent to harass, annoy, or alarm, he/she uses a computer to repeatedly send electronic communications, including e-mail, without any legitimate purpose. A person commits cyber stalking if, with intent to harass, annoy, or alarm, he/she uses a computer to engage in a course of conduct involving electronic pursuit or surveillance on more than one occasion

In addition to updating Hawaii’s cybercrime statutes, the Prosecuting Attorney also wrote a new law that enables prosecutors to use search warrants, court orders, and subpoenas to obtain evidence located in other states. The law, which took effect in 2012, allows prosecutors to obtain critical evidence, such as e-mail, text messages, network logs, cell site data, financial records, and information posted on social networking websites, regardless of where that evidence is located.

Second, the Prosecuting Attorney hired a highly-skilled and dedicated cybercrime investigator to investigate complaints of cybercrime. That investigator works with specially trained prosecutors to investigate and prosecute cybercriminals, who will now face tougher penalties in court.

Third, in addition to filing a report with the police department, the Prosecuting Attorney accepts cybercrime complaints directly from members of the public. A cybercrime investigator and prosecutor will review the complaint and, if appropriate, prosecute the wrongdoer if there is sufficient evidence of guilt. You can file a complaint with the Prosecuting Attorney by using either the MS Word or Adobe PDF format.

Hawaii’s new cybercrime laws may be found here:

Computer Fraud in the 1st Degree, Section 708-891, Hawaii Revised Statutes (HRS)
Computer Fraud in the 2nd Degree, Section 708-891.5, HRS
Computer Fraud in the 3rd Degree, Section 708-891.6, HRS
Computer Damage in the 1st Degree, Section 708-892, HRS
Computer Damage in the 2nd Degree, Section 708-892.5, HRS
Use of a Computer in the Commission of a Separate Crime, Section 708-893, HRS
Unauthorized Computer Access in the 1st Degree, Section 708-895.5, HRS
Unauthorized Computer Access in the 2nd Degree, Section 708-895.6, HRS
Unauthorized Computer Access in the 3rd Degree, Section 708-895.7, HRS

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