Lawmakers are considering new measures that aim to expand the state statute on harassment and stalking to include the digital domain.

The House Judiciary Committee has passed two bills that would amend the current harassment statute to add electronic communication to the definitions of harassment and stalking.

Phone calls, unexpected appearances and threatening letters are old-fashioned ways to harass and stalk in the era of text messaging, Web sites, YouTube postings and social networking sites like Facebook and MySpace.

State Rep. Jon Riki Karamatsu, D-41st (Waipahu, Village Park, Waikele), the chairman of the House Judiciary Committee and author of both bills, said he began considering the legislation after a constituent told him how a man had taken her photo and superimposed it on nude photos of strangers online.

The composite image was then surrounded with her personal information, including telephone number and e-mail address.

"Basically we're trying to keep up with the technology," said Karamatsu. "I wanted to look at ways we could prevent harassment and stalking on the Internet."

Under current law, harassment is a petty misdemeanor and harassment by stalking is a misdemeanor. Aggravated harassment is a class "C" felony, but to be convicted a perpetrator has to have been previously convicted of harassment within five years of a second offense.

Karamatsu's bills define "electronic communication" as any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or part.

An "electronic communication system" is defined as any wire, radio, electromagnetic, photo-optical or photoelectronic facilities for the transmission of wire or electronic communications; and any computer facilities or related electronic equipment for the electronic storage of such communications, including e-mail, Web hosting, multimedia messaging services and remote storage services offered by an electronic communication service provider.

DIFFERING VIEWS

City prosecutors and public defenders differ on the proposed amendments. The office of the city prosecutor supports the legislation, saying it is needed to close dangerous loopholes technology has created in the current law.

"There are some holes in it, that's what the problem is and that's largely due to the incredibly fast advances of technology as well as the level of deviousness of some of these people," said city prosecutor Peter Carlisle. "The goal is to expand the statute to cover all the nasty and cowardly creatures who use cell phones and computers and other devices to harass citizens."

Timothy E. Ho, the chief deputy public defender, submitted testimony to the House committee saying that the proposed laws are too broad and could create problems for law enforcement officers. If the statute is too broad, the concern is that it might punish legitimate, non-criminal conduct.

"Does law enforcement have the ability to prosecute all seemingly purposeless digital communications?" Ho asked in his testimony to the committee.

The bills are supported by victims of electronic harassment and attorneys and social workers who deal with harassment and stalking cases.

Guy Yatsuhiro, a Honolulu physician, told the committee about his wife's ex-husband, whom she divorced nearly a decade ago. The man allegedly created a Web site and used it to harass and humiliate Yatsuhiro's wife.

When the Yatsuhiros applied for a protective order, a judge denied their application because their petition "did not meet the criteria of the present statute under stalking and harassment," said Yatsuhiro, in testimony submitted to the committee.

"The stuff on his Web site is seriously disturbing and reflects a seriously disturbed individual," said Yatsuhiro. "Expanding this statute is good, but it'd be even better if you increased the penalty for harassment if there's a history of domestic violence."

Adrienne King, a Honolulu attorney and former chair of the Family Law Section of the Hawaii State Bar Association, said the bills are needed.

"Harassment via electronic media is increasing and is just as scary as phone calls or faxes," said King, in an e-mail.

"Predators will find all kinds of ways to intimidate their targets, so we must keep up and ahead of them."

Dara Carlin, an independent advocate for domestic violence survivors, said the measure comes in time but she wants to see it expanded further to enhance penalties and include additional wording that accurately depicts the effects of harassment and stalking.

"This form of harassment has increased in tandem with the technology that supports it and is not limited to adult relationships," said Carlin, in her testimony to the committee.

The bills were referred to only one committee and now will be put to a House vote before moving to the Senate.