The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
URLS
: CAPITOL1.HAWAII.GOV/HRSCURRENT/VOL101
CAPITOL.HAWAII.GOV
DIVISION 5. CRIMES AND
CRIMINAL PROCEEDINGS
TITLE 37. HAWAII PENAL
CODE
707 Offenses Against the Person
§707-730
Sexual assault in the first degree.
(1) A person commits the offense of
sexual assault in the first degree if:
(a) The person
knowingly subjects another person to an act of sexual penetration by strong
compulsion;
(b) The person knowingly engages in sexual penetration with
another person who is less than fourteen years old; or
(c) The person knowingly engages in sexual penetration with
a person who is at least fourteen years old but less than sixteen years old;
provided that:
(i) The person is not less than five years older than the
minor; and
(ii) The person is not legally married to the minor.
Paragraphs
(b) and (c) shall not be construed to prohibit practitioners licensed under
chapter 453, 455, or 460, from performing any act within their respective
practices.
(2)
Sexual assault in the first degree is a class A felony. [L 1986, c 314, pt of
§57; am L 1987, c 181, §9; am L Sp 2001 2d, c 1, §§1, 7; am L 2002, c 36, §3;
am L 2003, c 62, §1; am L 2004, c 10, §15]
§707-731 Sexual
assault in the second degree.
(1) A person commits the offense of sexual assault in the
second degree if:
(a) The person knowingly
subjects another person to an act of sexual penetration by compulsion;
(b) The person
knowingly subjects to sexual penetration another person who is mentally
defective, mentally incapacitated, or physically helpless; or
(c) The person, while employed:
(i) In a state correctional facility;
(ii) By a private company providing services at a
correctional facility;
(iii) By a private company providing community-based
residential services to persons committed to the director of public safety and
having received notice of this statute;
(iv) By a private correctional facility operating in the
State of Hawaii; or
(v) As a law enforcement officer as defined in section
710-1000(13), knowingly subjects to sexual penetration an imprisoned person, a
person confined to a detention facility, a person committed to the director of
public safety, a person residing in a private correctional facility operating
in the State of Hawaii, or a person in custody; provided that paragraph (b) and
this paragraph shall not be construed to prohibit practitioners licensed under
chapter 453, 455, or 460, from performing any act within their respective
practices; and further provided that this paragraph shall not be construed to
prohibit a law enforcement officer from performing a lawful search pursuant to
a warrant or exception to the warrant clause.
(2)
Sexual assault in the second degree is a class B felony. [L 1986, c 314, pt of
§57; am L 1987, c 181, §10; am L 1997, c 366, §1; am L 2002, c 36, §1; am L
2004, c 61, §4]
§707-732
Sexual assault in the third degree.
(1)
A person commits the offense of sexual assault in the third degree if:
(a) The person recklessly subjects another person to an act
of sexual penetration by compulsion;
(b) The person knowingly subjects to sexual contact another
person who is less than fourteen years old or causes such a person to have
sexual contact with the person;
(c) The person knowingly engages in sexual contact with a
person who is at least fourteen years old but less than sixteen years old or
causes the minor to have sexual contact with the person; provided that:
(i) The person is not less than five years older than the
minor; and
(ii) The person is not legally married to the minor;
(d) The person knowingly subjects to sexual contact another
person who is mentally defective, mentally incapacitated, or physically
helpless, or causes such a person to have sexual contact with the actor;
(e) The person, while employed:
(i) In a state correctional facility;
(ii) By a private company providing services at a correctional
facility;
(iii) By a private company providing community-based
residential services to persons committed to the director of public safety and
having received notice of this statute;
(iv) By a private correctional facility operating in the
State of Hawaii; or
(v) As a law enforcement officer as defined in section
710-1000(13), knowingly subjects to sexual contact an imprisoned person, a
person confined to a detention facility, a person committed to the director of
public safety, a person residing in a private correctional facility operating
in the State of Hawaii, or a person in custody, or causes the person to have
sexual contact with the actor; or
(f) The person knowingly, by strong compulsion, has sexual
contact with another person or causes another person to have sexual contact
with the actor.
Paragraphs
(b), (c), (d), and (e) shall not be construed to prohibit practitioners
licensed under chapter 453, 455, or 460, from performing any act within their
respective practices; provided further that paragraph (e)(v) shall not be
construed to prohibit a law enforcement officer from performing a lawful search
pursuant to a warrant or an exception to the warrant clause.
(2)
Sexual assault in the third degree is a class C felony. [L 1986, c 314, pt of §57;
am L 1987, c 181, §11; am L Sp 2001 2d, c 1, §§2, 7; am L 2002, c 36, §§2, 3;
am L 2003, c 62, §1; am L 2004, c 10, §15 and c 61, §5]
§707-733 Sexual
assault in the fourth degree
(1)
A person commits the offense of sexual assault in the fourth degree if:
(a) The person
knowingly subjects another person to sexual contact by compulsion or causes
another person to have sexual contact with the actor by compulsion;
(b) The person
knowingly exposes the person's genitals to another person under circumstances
in which the actor's conduct is likely to alarm the other person or put the
other person in fear of bodily injury; or
(c) The person
knowingly trespasses on property for the purpose of subjecting another person
to surreptitious surveillance for the sexual gratification of the actor.
(2)
Sexual assault in the fourth degree is a misdemeanor.
(3)
Whenever a court sentences a defendant for an offense under this section, the
court may order the defendant to submit to a pre-sentence mental and medical
examination pursuant to section 706-603. [L 1986, c 314, pt of §57; am L 1991,
c 214, §1]
[§707-733.5]
Continuous sexual assault of a minor under the age of fourteen years.
(1)
Any person who:
(a) Either resides in
the same home with a minor under the age of fourteen years or has recurring
access to the minor; and
(b) Engages in three or
more acts of sexual penetration or sexual contact with the minor over a period
of time, but while the minor is under the age of fourteen years, is guilty of
the offense of continuous sexual assault of a minor under the age of fourteen
years.
(2)
To convict under this section, the trier of fact, if a jury, need unanimously
agree only that the requisite number of acts have occurred; the jury need not
agree on which acts constitute the requisite number.
(3)
No other felony sex offense involving the same victim may be charged in the
same proceeding with a charge under this section, unless the other charged
offense occurred outside the time frame of the offense charged under this section
or the other offense is charged in the alternative. A defendant may be charged
with only one count under this section unless more than one victim is involved,
in which case a separate count may be charged for each victim.
(4)
Continuous sexual assault of a minor under the age of fourteen years is a class
A felony. [L 1997, c 379, §2]
§707-734 Indecent
exposure.
(1)
A person commits the offense of indecent exposure if, the person intentionally
exposes the person's genitals to a person to whom the person is not married
under circumstances in which the actor's conduct is likely to cause affront.
(2)
Indecent exposure is a petty misdemeanor. [L 1986, c 314, pt of §57; am L 1991,
c 214, §2]
§707-741
Incest.
(1)
A person commits the offense of incest if the person commits an act of sexual
penetration with another who is within the degrees of consanguinity or affinity
within which marriage is prohibited.
(2)
Incest is a class C felony. [L 1972, c 9, pt of §1; am L 1987, c 176, §1; gen
ch 1992]
PART VI. CHILD
ABUSE
§707-750 Promoting
child abuse in the first degree.
(1)
A person commits the offense of promoting child abuse in the first degree if,
knowing or having reason to know its character and content, the person:
(a) Produces or
participates in the preparation of child pornography;
(b) Produces or
participates in the preparation of pornographic material that employs, uses, or
otherwise contains a minor engaging in or assisting others to engage in sexual
conduct; or
(c) Engages in a
pornographic performance that employs, uses, or otherwise contains a minor
engaging in or assisting others to engage in sexual conduct.
(2)
As used in this section:
"Child
pornography" means any pornographic visual representation, including any
photograph, film, video, picture, or computer or computer-generated image or
picture, whether made or produced by electronic, mechanical, or other means, of
sexual conduct, if:
(a) The pornographic
production of such visual representation involves the use of a minor engaging
in sexual conduct; or
(b) The pornographic
visual representation has been created, adapted, or modified to appear that an
identifiable minor is engaging in sexual conduct.
"Community
standards" means the standards of the State.
"Computer"
shall have the same meaning as in section 708-890.
"Lascivious"
means tending to incite lust, to deprave the morals in respect to sexual
relations, or to produce voluptuous or lewd emotions in the average person,
applying contemporary community standards.
"Material"
means any printed matter, visual representation, or sound recording and
includes, but is not limited to, books, magazines, motion picture films,
pamphlets, newspapers, pictures, photographs, and tape or wire recordings.
"Minor"
means any person less than eighteen years old.
"Performance"
means any play, motion picture film, dance, or other exhibition performed
before any audience.
"Pornographic"
shall have the same meaning as in section 712-1210.
"Produces"
means to produce, direct, manufacture, issue, publish, or advertise.
"Sadomasochistic
abuse" means flagellation or torture by or upon a person as an act of
sexual stimulation or gratification.
"Sexual
conduct" means acts of masturbation, homosexuality, lesbianism,
bestiality, sexual penetration, deviate sexual intercourse, sadomasochistic
abuse, or lascivious exhibition of the genital or pubic area of a minor.
"Visual
representation" refers to, but is not limited to, undeveloped film and
videotape and data stored on computer disk or by electronic means that are
capable of conversion into a visual image.
(3)
The fact that a person engaged in the conduct specified by this section is
prima facie evidence that the person engaged in that conduct with knowledge of
the character and content of the material or the performance produced,
directed, or participated in. The fact that the person who was employed, used,
or otherwise contained in the pornographic material or performance, was at that
time, a minor, is prima facie evidence that the defendant knew the person to be
a minor.
(4)
Promoting child abuse in the first degree is a class A felony. [L 1978, c 214,
§1; am L 1982, c 218, §1; am L 1986, c 314, §58; am L 1988, c 91, §1; am L
1997, c 363, §1; am L 2002, c 200, §2]
§707-751 Promoting
child abuse in the second degree
(1)
A person commits the offense of promoting child abuse in the second degree if,
knowing or having reason to know its character and content, the person:
(a) Disseminates child
pornography;
(b) Reproduces child
pornography with intent to disseminate;
(c) Disseminates any
book, magazine, periodical, film, videotape, computer disk, or any other
material that contains an image of child pornography; or
(d) Disseminates any
pornographic material which employs, uses, or otherwise contains a minor
engaging in or assisting others to engage in sexual conduct.
(2)
As used in this section:
"Child
pornography" means any pornographic visual representation, including any
photograph, film, video, picture, or computer or computer-generated image or
picture, whether made or produced by electronic, mechanical, or other means, of
sexual conduct, if:
(a) The pornographic
production of such visual representation involves the use of a minor engaging
in sexual conduct; or
(b) The pornographic
visual representation has been created, adapted, or modified to appear that an
identifiable minor is engaging in sexual conduct.
"Community
standards" means the standards of the State.
"Computer"
shall have the same meaning as in section 708-890.
"Disseminate"
means to publish, sell, distribute, transmit, exhibit, present material, mail,
ship, or transport by any means, including by computer, or to offer or agree to
do the same.
"Lascivious"
means tending to incite lust, to deprave the morals in respect to sexual
relations, or to produce voluptuous or lewd emotions in the average person,
applying contemporary community standards.
"Material"
means any printed matter, visual representation, or sound recording and
includes, but is not limited to, books, magazines, motion picture films,
pamphlets, newspapers, pictures, photographs, and tape or wire recordings.
"Minor"
means any person less than eighteen years old.
"Pornographic"
shall have the same meaning as in section 712-1210.
"Sadomasochistic
abuse" means flagellation or torture by or upon a person as an act of
sexual stimulation or gratification.
"Sexual
conduct" means acts of masturbation, homosexuality, lesbianism,
bestiality, sexual penetration, deviate sexual intercourse, sadomasochistic
abuse, or lascivious exhibition of the genital or pubic area of a minor.
"Visual
representation" refers to, but is not limited to, undeveloped film and
videotape, and data stored on computer disk or by electronic means that are
capable of conversion into a visual image.
(3)
The fact that a person engaged in the conduct specified by this section is
prima facie evidence that the person engaged in that conduct with knowledge of
the character and content of the material. The fact that the person who was
employed, used, or otherwise contained in the pornographic material was at that
time, a minor, is prima facie evidence that the defendant knew the person to be
a minor.
(4)
Promoting child abuse in the second degree is a class B felony. [L 1978, c 214,
§2; am L 1982, c 218, §2; am L 1986, c 314, §59; am L 1997, c 363, §2; am L
2002, c 200, §3]
[§707-752]
Promoting child abuse in the third degree.
(1)
A person commits the offense of promoting child abuse in the third degree if,
knowing or having reason to know its character and content, the person
possesses:
(a) Child pornography;
(b) Any book, magazine,
periodical, film, videotape, computer disk, electronically stored data, or any
other material that contains an image of child pornography; or
(c) Any pornographic
material that employs, uses, or otherwise contains a minor engaging in or
assisting others to engage in sexual conduct.
(2)
As used in this section:
"Child
pornography" means any pornographic visual representation, including any
photograph, film, video, picture, or computer or computer-generated image or
picture, whether made or produced by electronic, mechanical, or other means, of
sexual conduct, if:
(a) The pornographic
production of the visual representation involves the use of a minor engaging in
sexual conduct; or
(b) The pornographic
visual representation has been created, adapted, or modified to appear that an
identifiable minor is engaging in sexual conduct.
"Community
standards" means the standards of the State.
"Computer"
shall have the same meaning as in section 708-890.
"Lascivious"
means tending to incite lust, to deprave the morals with respect to sexual
relations, or to produce voluptuous or lewd emotions in the average person,
applying contemporary community standards.
"Material"
means any printed matter, visual representation, or sound recording and
includes, but is not limited to, books, magazines, motion picture films,
pamphlets, newspapers, pictures, photographs, and tape or wire recordings.
"Minor"
means any person less than eighteen years old.
"Pornographic"
shall have the same meaning as in section 712-1210.
"Sadomasochistic
abuse" means flagellation or torture by or upon a person as an act of
sexual stimulation or gratification.
"Sexual
conduct" means acts of masturbation, homosexuality, lesbianism,
bestiality, sexual penetration, deviate sexual intercourse, sadomasochistic
abuse, or lascivious exhibition of the genital or pubic area of a minor.
"Visual
representation" includes but is not limited to undeveloped film and
videotape and data stored on computer disk or by electronic means that are
capable of conversion into a visual image.
(3)
The fact that a person engaged in the conduct specified by this section is
prima facie evidence that the person engaged in that conduct with knowledge of
the character and content of the material. The fact that the person who was
employed, used, or otherwise contained in the pornographic material was, at
that time, a minor is prima facie evidence that the defendant knew the person
to be a minor.
[§707-756]
Electronic enticement of a child in the first degree.
(1)
Any person who, using a computer or any other electronic device:
(a) Intentionally or
knowingly communicates:
(i) With a minor known by the person to be under the age of
eighteen years;
(ii) With another person, in reckless disregard of the risk
that the other person is under the age of eighteen years, and the other person
is under the age of eighteen years; or
(iii) With another person who represents that person to be
under the age of eighteen years; and
(b) With the intent to
promote or facilitate the commission of a felony:
(i) That is a murder in the first or second degree;
(ii) That is a class A felony; or
(iii) That is an offense defined in section 846E-1; agrees
to meet with the minor, or with another person who represents that person to be
a minor under the age of eighteen years; and
(c) Intentionally or
knowingly travels to the agreed upon meeting place at the agreed upon meeting
time; is guilty of electronic enticement of a child in the first degree.
(2)
Electronic enticement of a child in the first degree is a class B felony. [L
2002, c 200, pt of §1]
[§707-757]
Electronic enticement of a child in the second degree.
(1)
Any person who, using a computer or any other electronic device:
(a) Intentionally or
knowingly communicates:
(i) With a minor known by the person to be under the age of
eighteen years;
(ii) With another person, in reckless disregard of the risk
that the other person is under the age of eighteen years, and the other person
is under the age of eighteen years; or
(iii) With another person who represents that person to be
under the age of eighteen years; and
(b) With the intent to
promote or facilitate the commission of a felony, agrees to meet with the
minor, or with another person who represents that person to be a minor under
the age of eighteen years; and
(c) Intentionally or
knowingly travels to the agreed upon meeting place at the agreed upon meeting
time; is guilty of electronic enticement of a child in the second degree.
(2)
Electronic enticement of a child in the second degree is a class C felony. [L
2002, c 200, pt of §1]
§707-758 REPEALED. L 2002, c 240, §11.
[§707-758] Sexual exploitation of a minor
[Section repealed July 1,
2004. L 2002, c 240, §11.]
§707-764
Extortion.
A
person commits extortion if the person does any of the following:
(1)
Obtains, or exerts control over, the property or services of another with
intent to deprive another of property or services by threatening by word or
conduct to:
(a) Cause bodily injury
in the future to the person threatened or to any other person;
(b) Cause damage to
property or cause damage, as defined in section 708-890, to a computer,
computer system, or computer network;
(c) Subject the person
threatened or any other person to physical confinement or restraint;
(d) Commit a penal
offense;
(e) Accuse some person
of any offense or cause a penal charge to be instituted against some person;
(f) Expose a secret or
publicize an asserted fact, whether true or false, tending to subject some
person to hatred, contempt, or ridicule, or to impair the threatened person's
credit or business repute;
(g) Reveal any
information sought to be concealed by the person threatened or any other
person;
(h) Testify or provide
information or withhold testimony or information with respect to another's
legal claim or defense;
(i) Take or withhold
action as a public servant, or cause a public servant to take or withhold such
action;
(j) Bring about or
continue a strike, boycott, or other similar collective action, to obtain
property that is not demanded or received for the benefit of the group that the
defendant purports to represent; or
(k) Do any other act
that would not in itself substantially benefit the defendant but which is
calculated to harm substantially some person with respect to the threatened
person's health, safety, business, calling, career, financial condition,
reputation, or personal relationships;
(2)
Intentionally compels or induces another person to engage in conduct from which
another has a legal right to abstain or to abstain from conduct in which
another has a legal right to engage by threatening by word or conduct to do any
of the actions set forth in paragraph (1)(a) through (k); or
(3)
Makes or finances any extortionate extension of credit, or collects any
extension of credit by extortionate means. [L 1979, c 106, pt of §1; am L 2001,
c 33, §3]
DIVISION 5. CRIMES
AND CRIMINAL PROCEEDINGS
TITLE 37. HAWAII
PENAL CODE
§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.
(3)
If the period prescribed in subsection (2) has expired, a prosecution may
nevertheless be commenced for:
(a) Any offense an
element of which is either fraud or a breach of fiduciary obligation within
three years after discovery of the offense by an aggrieved party or by a person
who has a legal duty to represent an aggrieved party and who is oneself not a
party to the offense, but in no case shall this provision extend the period of
limitation by more than six years from the expiration of the period of
limitation prescribed in subsection (2);
(b) Any offense based
on misconduct in office by a public officer or employee at any time when the
defendant is in public office or employment or within two years thereafter, but
in no case shall this provision extend the period of limitation by more than
three years from the expiration of the period of limitation prescribed in
subsection (2); and
(c) Any felony offense
involving evidence containing deoxyribonucleic acid from the offender, if a
test confirming the presence of deoxyribonucleic acid is performed prior to
expiration of the period of limitation prescribed in subsection (2), but in no
case shall this provision extend the period of limitation by more than ten years
from the expiration of the period of limitation prescribed in subsection (2).
(4)
An offense is committed either when every element occurs, or, if a legislative
purpose to prohibit a continuing course of conduct plainly appears, at the time
when the course of conduct or the defendant's complicity therein is terminated.
Time starts to run on the day after the offense is committed.
(5)
A prosecution is commenced either when an indictment is found or a complaint
filed, or when an arrest warrant or other process is issued, provided that such
warrant or process is executed without unreasonable delay.
(6)
The period of limitation does not run:
(a) During any time
when the accused is continuously absent from the State or has no reasonably
ascertainable place of abode or work within the State, but in no case shall
this provision extend the period of limitation by more than four years from the
expiration of the period of limitation prescribed in subsection (2);
(b) During any time
when a prosecution against the accused for the same conduct is pending in this
State; or
(c) For any felony offense under chapter 707, part V or
VI, during any time when the victim is alive and under eighteen years of age.
[L 1972, c 9, pt of §1; am L 1974, c 93, §1; am L 1982, c 28, §2; am L 1983, c
63, §1; am L 1986, c 296, §1; am L 1987, c 181, §2; am L 1993, c 186, §1; gen
ch 1993; am L 1995, c 171, §1; am L 1996, c 148, §1; am L 1997, c 149, §1; am L
2001, c 33, §2; am L 2005, c 112, §2]
My
email true_perspective@yahoo.com
Revised
06/06