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HCR 56

REQUESTING THE JUDICIARY TO ASSESS THE IMPACT OF INCREASING THE LEVEL OF THE OFFENSE OF HARASSMENT BY STALKING FROM A MISDEMEANOR TO A CLASS C FELONY.

2025 Regular Session Introduced by Rachele Lamosao

Hawaii judiciary requested to assess reclassifying stalking harassment from misdemeanor to Class C felony, evaluating criminal justice system impacts.

Referred to JHA, referral sheet 22
#harassmentbystalking #judiciary #levelofoffense
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Bill Summary · HCR 56

Legislative bill overview

HCR 56 is a concurrent resolution requesting Hawaii's judiciary to conduct an assessment of the potential impacts of reclassifying harassment by stalking from a misdemeanor to a Class C felony. This is a request for study and analysis rather than direct legislation—it does not change the law itself but asks the courts to evaluate what would happen if such a change were made.

Why is this important

Stalking causes genuine psychological harm to victims and can escalate to violence. Currently treated as a misdemeanor in Hawaii, elevating it to felony status could increase penalties and deter offenders, but such changes have ripple effects throughout the criminal justice system, including prosecution resources, incarceration costs, and sentencing guidelines that warrant careful analysis before implementation.

Potential points of contention

  • Definition precision: "Harassment by stalking" requires clear boundaries to distinguish from protected speech, repeated contact that's merely annoying versus genuinely threatening behavior, and whether intent matters
  • System capacity concerns: Felonizing stalking could overwhelm courts and corrections facilities, potentially diverting resources from violent crime prosecution and affecting case backlogs
  • Proportionality debate: Critics may argue some stalking cases don't warrant felony treatment, while advocates contend current misdemeanor penalties are inadequate to protect victims and deter repeat offenders

Compiled from official sources — confirm details with the bill’s official record.

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