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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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What is the statute of limitations on filing a harassment ...

Customer Question

What is the statute of limitations on filing a harassment claim/complaint on someone in Hawaii?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michelle replied 6 years ago.

Dear Customer

Harassment, a petty misdemeanor, is a form of disorderly conduct aimed at a single person, rather than at the public. The intent to harass, annoy, or alarm another person must be proved. As a petty misdemeanor charges need to brought within one year from the incidents. I have provided the Hawaii Code below for you to read -

§711-1106 Harassment. (1) A person commits the offense of harassment if, with intent to harass, annoy, or alarm any other person, that person:

(a) Strikes, shoves, kicks, or otherwise touches another person in an offensive manner or subjects the other person to offensive physical contact;

(b) Insults, taunts, or challenges another person in a manner likely to provoke an immediate violent response or that would cause the other person to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another;

(c) Repeatedly makes telephone calls, facsimile, or electronic mail transmissions without purpose of legitimate communication;

(d) Repeatedly makes a communication anonymously or at an extremely inconvenient hour;

(e) Repeatedly makes communications, after being advised by the person to whom the communication is directed that further communication is unwelcome; or

(f) Makes a communication using offensively coarse language that would cause the recipient to reasonably believe that the actor intends to cause bodily injury to the recipient or another or damage to the property of the recipient or another.

(2) Harassment is a petty misdemeanor.

§701-108 Time limitations. (1) A prosecution for murder, murder in the first and second degrees, attempted murder, and attempted murder in the first and second degrees, criminal conspiracy to commit murder in any degree, and criminal solicitation to commit murder in any degree may be commenced at any time.

(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:

(a) A prosecution for manslaughter where the death was not caused by the operation of a motor vehicle must be commenced within ten years after it is committed;

(b) A prosecution for a class A felony must be commenced within six years after it is committed;

(c) A prosecution for any felony under part IX of chapter 708 must be commenced within five years after it is committed;

(d) A prosecution for any other felony must be commenced within three years after it is committed;

(e) A prosecution for a misdemeanor or parking violation must be commenced within two years after it is committed; and

(f) A prosecution for a petty misdemeanor or a violation other than a parking violation must be commenced within one year after it is committed.

Best to you in this matter,

 

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Reply to Michelle's Post: Thanks for the info. My situation is that I have a three year restraining order against an individualthat was signed on April 4, 2006. On October15th of 2006 the individual violated the restraining order. He filed a complaint for harassment against me on Oct. 2, 2007. He is saying that I threw coffee on him,(I spilled my coffee running away from him to call the police.)
Anyway, I was just today served with the complaint, over a year and a half after the initial filing of the complaint. Does the statute start the day he files or the day I sign the summons?(today)
Expert:  Michelle replied 6 years ago.

Dear Customer

The time limit begins at the time of the incident or one realizes there has been a crime - in this matter, it would seem the time limit would bein on April 4, 2006 - but hang in here a minute, please and let me see what other degrees of harassment there are and how they are defined.

 

Customer: replied 6 years ago.
So the time limit would be from Oct. 15th 2006 then. he is claiming HAR(NNN) NNN-NNNN1)(a). However I never touched him, just spilled the coffee. He may not have a case seems like
Expert:  Michelle replied 6 years ago.

Dear Customer

There is also Aggravated Harassment by Stalking a Class C Felony - which would give him 3 years to file - since there is a RO this could be what he has filed under.

§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(NNN) NNN-NNNN5 and has been convicted previously of harassment by stalking under section(NNN) NNN-NNNN5 within five years of the instant offense.

(2) Aggravated harassment by stalking is a class C felony

§701-108 Time limitations. (1) A prosecution for murder, murder in the first and second degrees, attempted murder, and attempted murder in the first and second degrees, criminal conspiracy to commit murder in any degree, and criminal solicitation to commit murder in any degree may be commenced at any time.

(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:

(a) A prosecution for manslaughter where the death was not caused by the operation of a motor vehicle must be commenced within ten years after it is committed;

(b) A prosecution for a class A felony must be commenced within six years after it is committed;

(c) A prosecution for any felony under part IX of chapter 708 must be commenced within five years after it is committed;

(d) A prosecution for any other felony must be commenced within three years after it is committed;

Best to you in this matter -

 

Customer: replied 6 years ago.
I have the TRO against him, not the other way around.
Expert:  Michelle replied 6 years ago.

Dear Customer

Ah... Thank you for that clarification. Then I think it is the harassment charge and you could ask for a dismissal based on the improper filing as in the time frame by law that I provided you.

This is non-sense and you might also consider consulting with the DA's office or the court where you got the RO and tell them that you feel this is a way of violating the RO.

 

Customer: replied 6 years ago.
Exactly what I think, what a waste of taxpayers money. He had tried to file a TRO against me but it was dropped in court. Ok, so, since the supposed coffee harassment incident was oct.15,2006 he is within the statute on Oct. 2, 2007, correct? sorry to be so picky.
Expert:  Michelle replied 6 years ago.

Dear Customer

You are not picky. I know you want to be clear - no one wants to go into court and be wrong.

If the incident was on 10-15-06 he would have had to file the charges to commence the prosecution within one year that would be 10-15-07 NOT 2008. So he is not within the Time Limitations.

What you say is on the summons HAR(NNN) NNN-NNNN1)(a) is a petty misdemeanor (as I provided in my first answer) - The time would have expired on 10-15-07 as you can see by the law 701-108 (F) which I highlighted for you.

Let me know, if you need more clarification.

 

Customer: replied 6 years ago.
He did file within the year, 10-2-07.I only just today was served the complaint.
Expert:  Michelle replied 6 years ago.

Dear Customer

Oh my. Well, then he is in the Time Limitation. My misunderstanding.

Geez. You know, you can still contact the court that issued you the RO and tell them that you see this a violation of the RO, because this happened while he was in violation - see if you can get a violation hearing. It's worth a shot.

 

 

Customer: replied 6 years ago.
Yeah, I thought so. Thanks so much for your help, I appreciate your quick respnse. Keep your fingers crossed!
Expert:  Michelle replied 6 years ago.

Dear Customer

Ok. Best of success.

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