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Offense Definitions

You should consult with an attorney for legal advice and interpretation of the Hawaii Revised Statutes (HRS), Chapter 846E Registration of Sex Offenders and Other Covered Offenders and Public Access to Registration Information.

RLH 1955, §309-16 Assault with Intent to rape or ravish; penalty. Effective 1927/03/25-1972/12/31

Whoever maliciously assaults any female with an intent to commit the crime of rape or maliciously assaults any female child under the age of twelve years with intent to ravish or carnally abuse and know the child, shall be fined not more than $1,000 and imprisoned at hard labor for life, or any number of years.

[PC 1869, c 11, §3; am L 1911, c 128, §1; RL 1925, § 4149; am L 1927, c 19, §1; RL 1935, § 6245; RL 1945, §11665]

HRS §768-26 Assault with Intent to rape or ravish; penalty. Effective 1927/03/25-1972/12/31

Whoever maliciously assaults any female with an intent to commit the crime of rape or maliciously assaults any female child under the age of twelve years with intent to ravish or carnally abuse and know the child, shall be fined not more than $1,000 and imprisoned at hard labor for life, or any number of years.

[PC 1869, c 11, §3; am L 1911, c 128, §1; RL 1925, § 4149; am L 1927, c 19, §1; RL 1935, § 6245; RL 1945, §11665; RL 1955, §309-16]

RLH 1955, §309-20 Carnal abuse of a female under twelve; penalty. Effective 1941/05/08-1972/12/31

Whoever carnally abuses and knows any female child under the age of twelve years shall be imprisoned at hard labor for life or any number of years.

[P.C. 1869, c. 11, s. 2; am. L. 1909, c. 37, s. 1; R.L. 1925, s. 4148; am. L. 1931, c. 5, s. 1; R.L. 1935, s. 6249; am. L. 1941, c. 183, s. 1; R.L. 1945, s. 11669.]

HRS §707-733.5 Continuous sexual assault of a minor under the age of fourteen years. Effective To 2006/11/26

  1. Any person who:
    1. Either resides in the same home with a minor under the age of fourteen years or has recurring access to the minor; and
    2. 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]

HRS §707-733.6 Continuous sexual assault of a minor under the age of fourteen years. Effective 2006/11/27-present

  1. A person commits the offense of continuous sexual assault of a minor under the age of fourteen years if the person:
    1. Either resides in the same home with a minor under the age of fourteen years or has recurring access to the minor; and
    2. Engages in three or more acts of sexual penetration or sexual contact with the minor over a period of time, while the minor is 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 period 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 county 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 2006, c 60, §1]

HRS §707-756 Electronic enticement of a child in the first degree. Effective 2002/06/25-2006/05/07

  1. Any person who, using a computer or any other electronic device:
    1. Intentionally or knowingly communicates:
      1. With a minor known by the person to be under the age of eighteen years;
      2. 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
      3. With another person who represents that person to be under the age of eighteen years; and
    2. With the intent to promote or facilitate the commission of a felony:
      1. That is a murder in the first or second degree;
      2. That is a class A felony; or
      3. 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
    3. 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]

HRS §707-756 Electronic enticement of a child in the first degree. Effective 2006/05/08-2008/05/16

  1. Any person who, using a computer or any other electronic device:
    1. intentionally or knowingly communicates:
      1. With a minor known by the person to be under the age of eighteen years;
      2. 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
      3. With another person who represents that person to be under the age of eighteen years; and
    2. With the intent to promote or facilitate the commission of a felony:
      1. That is a murder in the first or second degree;
      2. That is a class A felony; or
      3. 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
    3. 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.  Notwithstanding any law to the contrary, if a person sentenced under this section is sentenced to probation rather than an indeterminate term of imprisonment, the terms and conditions of probation shall include, but not be limited to, a term of imprisonment of one year.
[L 2002, c 200, pt of §1; am L 2006, c 80, §2]

HRS §707-756 Electronic enticement of a child in the first degree. Effective 2008/05/17-present

  1. Any person who, using a computer or any other electronic device:
    1. Intentionally or knowingly communicates:
      1. With a minor known by the person to be under the age of eighteen years;
      2. With another person, in reckless disregard of the risk that the other person is under the age of eighteen years; or
      3. With another person who represents that person to be under the age of eighteen years;
    2. With the intent to promote or facilitate the commission of a felony:
      1. That is a murder in the first or second degree;
      2. That is a class A felony; or
      3. That is another covered offense as 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
    3. 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. Notwithstanding any law to the contrary, a person convicted of electronic enticement of a child in the first degree shall be sentence to an indeterminate term of imprisonment as provided by law.
[L 2002, c 200, pt of §1; am L 2006, c 80, §2; am L 2008, c 80 §3]

HRS §707-757 Electronic enticement of a child in the second degree. Effective 2002/06/25-2006/05/07

  1. Any person who, using a computer or any other electronic device:
    1. Intentionally or knowingly communicates:
      1. With a minor known by the person to be under the age of eighteen years;
      2. 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
      3. With another person who represents that person to be under the age of eighteen; and
    2. 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; an
    3. 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]

HRS §707-757 Electronic enticement of a child in the second degree. Effective 2006/05/08-present

  1. Any person who, using a computer or any other electronic device:
    1. Intentionally or knowingly communicates:
      1. With a minor known by the person to be under the age of eighteen years;
      2. 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
      3. With another person who represents that person to be under the age of eighteen years; and
    2. 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
    3. 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.  Notwithstanding any law to the contrary, if a person sentenced under this section is sentenced to probation rather than an indeterminate term of imprisonment, the terms and conditions of probation shall include, but not be limited to, a term of imprisonment of one year.
[L 2002, c 200, pt of §1; am L 2006, c 80, §3]

HRS §707-741 Incest. Effective 1973/01/01-1987/06/05

  1. A person commits the offense of incest if he commits an act of sexual intercourse 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]

HRS §707-741 Incest. Effective 1987/06/06-1992/12/31

  1. A person commits the offense of incest if he 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]

HRS §707-741 Incest. Effective 1993/01/01-present

  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]

HRS §707 Indecent electronic display to a child. Effective 2008/05/17-present

  1. Any person who intentionally masturbates or intentionally exposes the genitals in a lewd or lascivious manner live over a computer online service, internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or other electronic device by:
    1. A minor known by the person to be under the age of eighteen years;
    2. 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
    3. Another person who represents that person to be under the age of eighteen years, is guilty of indecent electronic display to a child.
  2. Indecent electronic display to a child is a misdemeanor.
[L 2008, c 80, §1]

HRS §707-720 Kidnapping Effective 1973/01/01-1986/12/31

  1. A person commits the offense of kidnapping if he intentionally restrains another person with the intent to:
    1. Hold him for ransom or reward; or
    2. Use him as a shield or hostage; or
    3. Facilitate the commission of a felony or flight thereafter; or
    4. Inflict bodily injury upon him or subject him to a sexual offense; or
    5. Terrorize him or a third person; or
    6. Interfere with the performance of any governmental or political function.
  2. Except as provided in subsection (3), kidnapping is a class A felony.
  3. In a prosecution for kidnapping, it is a defense which reduces the offense to a class B felony that the defendant voluntarily released the victim, alive and not suffering from serious bodily injury, in a safe place prior to trial.
[L 1972, c 9, pt of §1]

HRS §707-720 Kidnapping Effective 1987/01/01-1992/12/30

  1. A person commits the offense of kidnapping if he intentionally or knowingly restrains another person with the intent to:
    1. Hold him for ransom or reward;
    2. Use him as a shield or hostage;
    3. Facilitate the commission of a felony or flight thereafter;
    4. Inflict bodily injury upon him or subject him to a sexual offense;
    5. Terrorize him or a third person; or
    6. Interfere with the performance of any governmental or political function
  2. Except as provided in subsection (3), kidnapping is a class A felony.
  3. In a prosecution for kidnapping, it is a defense which reduces the offense to a class B felony that the defendant voluntarily released the victim, alive and not suffering from serious or substantial bodily injury, in a safe place prior to trial.
[L 1972, c 9, pt of §1; am L 1986, c 314, §53]

HRS §707-720 Kidnapping Effective 1992/12/31-2008/06/05

  1. A person commits the offense of kidnapping if the person intentionally or knowingly restrains another person with intent to:
    1. Hold that person for ransom or reward;
    2. Use that person as a shield or hostage;
    3. Facilitate the commission of a felony or flight thereafter;
    4. Inflict bodily injury upon that person or subject that person to a sexual offense;
    5. Terrorize that person or a third person; or
    6. Interfere with the performance of any governmental or political function.
  2. Except as provided in subsection (3), kidnapping is a class A felony.
  3. In a prosecution for kidnapping, it is a defense which reduces the offense to a class B felony that the defendant voluntarily released the victim, alive and not suffering from serious or substantial bodily injury, in a safe place prior to trial.
[L 1972, c 9, pt of §1; am L 1986, c 314, §53; gen ch 1992]

HRS §707-720 Kidnapping Effective 2008/06/06-present

  1. A person commits the offense of kidnapping if the person intentionally or knowingly restrains another person with intent to:
    1. Hold that person for ransom or reward;
    2. Use that person as a shield or hostage;
    3. Facilitate the commission of a felony or flight thereafter;
    4. Inflict bodily injury upon that person or subject that person to a sexual offense;
    5. Terrorize that person or a third person;
    6. Interfere with the performance of any governmental or political function; or
    7. Unlawfully obtain the labor or services of that person, regardless of whether related to the collection of debt.
  2. Except as provided in subsection (3), kidnapping is a class A felony.
  3. In a prosecution for kidnapping, it is a defense which reduces the offense to a class B felony that the defendant voluntarily released the victim, alive and not suffering from serious or substantial bodily injury, in a safe place prior to trial
[Amended by 2008 Hawaii Laws Act 147 (S.B. 2212).]

HRS §707-750 Promoting child abuse in the first degree. Effective 1997/04/03-2002/06/24

  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 produces, directs, or participates in the preparation of pornographic material or 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:
    • "Community standards" means the standards of the State.
    • "Lascivious" means tending to excite 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 sixteen years old.
    • "Performance" means any play, motion picture film, dance, or other exhibition performed before any audience.
    • "Pornographic" shall have the same meaning as defined 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.
  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]

HRS §707-750 Promoting child abuse in the first degree. Effective 2002/06/25-present

  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:
    1. Produces or participates in the preparation of child pornography;
    2. 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
    3. 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
      1. The pornographic production of such visual representation involves the use of a minor engaging in sexual conduct; or
      2. 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]

HRS §707-751 Promoting child abuse in the second degree. Effective 1987/01/01-1997/07/02

  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 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:
    • "Disseminate" means to publish, sell, distribute, transmit, exhibit, or present material or to offer or agree to do the same.
    • "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 sixteen years old.
    • "Sexual conduct" means acts of masturbation, homosexuality, lesbianism, bestiality, sexual penetration, deviate sexual intercourse, or sadomasochistic abuse.
    • "Sadomasochistic abuse" means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
    • "Pornographic" shall have the same meaning as defined in section 712-1210.
  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 C Felony.
[L 1978, c 214, §2; am L 1982, c 218, §2; am L 1986 c 314, §59]

HRS §707-751 Promoting child abuse in the second degree. Effective 1997/07/03-2002/06/24

  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 possesses or 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:
    • "Community standards" means the standards of the State.
    • "Disseminate" means to publish, sell, distribute, transmit, exhibit, or present material 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 sixteen years old.
    • "Pornographic" shall have the same meaning as defined 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.
  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 C felony.
[L 1978, c 214, §2; am L 1982, c 218, §2; am L 1986, c 314, §59; am L 1997, c 363, §2]

HRS §707-751 Promoting child abuse in the second degree. Effective 2002/06/25-present

  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:
    1. Disseminates child pornography;
    2. Reproduces child pornography with intent to disseminate
    3. Disseminates any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography; or
    4. 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:
    1. “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:
      1. The pornographic production of such visual representation involves the use of a minor engaging in sexual conduct; or
      2. The pornographic visual representation has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct.
    2. “Community standards” means the standards of the State.
    3. “Computer” shall have the same meaning as in section 708-890.
    4. “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.
    5. “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 standards.
    6. “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.
    7. “Minor” means any person less than eighteen years old.
    8. “Pornographic” shall have the same meaning as in section 712-1210.
    9. “Sadomasochistic abuse” means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
    10. “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.
    11. “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 the 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; amL1982, c 218, §2; am L 1986, c 314, §59; am L 1997, c 363, §2; am L 2002. c 200, §3]

HRS §707-752 Promoting child abuse in the third degree. Effective 2002/06/25-present

  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:
    1. Child pornography;
    2. Any book, magazine, periodical, film, videotape, computer disk, electronically stored data, or any other material that contains an image of child pornography; or
    3. 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:
    1. "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:
      1. The pornographic production of the visual representation involves the use of a minor engaging in sexual conduct; or
      2. The pornographic visual representation has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct.
    2. "Community standards" means the standards of the State.
    3. "Computer" shall have the same meaning as in section 708-890.
    4. "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.
    5. "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.
    6. "Minor" means any person less than eighteen years old.
    7. "Pornographic" shall have the same meaning as in section 712-1210.
    8. "Sadomasochistic abuse" means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
    9. "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.
    10. "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.
  4. Promoting child abuse in the third degree is a class C felony.
[L 2002, c 200, pt of §1]

HRS §712-1202 Promoting prostitution in the first degree. Effective 1993/05/21-2008/06/05

  1. A person commits the offense of promoting prostitution in the first degree if the person knowingly:
    1. Advances prostitution by compelling a person by criminal coercion to engage in prostitution, or profits from such coercive conduct by another; or
    2. Advances or profits from prostitution of a person less than sixteen years old.
  2. Promoting prostitution in the first degree is a class B felony.
[L 1972, c 9, pt of §1; am L 1993, c 130, §2]

HRS §712-1202 Promoting prostitution in the first degree. Effective 1993/12/31-2008/06/05

  1. A person commits the offense of promoting prostitution in the first degree if the person knowingly:
    1. Advances prostitution by compelling a person by force, threat, or intimidation to engage in prostitution, or profits from such coercive conduct by another; or
    2. Advances or profits from prostitution of a person less than eighteen years old.
  2. Promoting prostitution in the first degree is a class B felony.
[L 1972, c9, pt of §1; am L 1993, c 130, §2; am L 2008, c 147, §8]

HRS §712-1203 Promoting prostitution in the second degree. Effective 1993/05/21-2008/06/05

  1. A person commits the offense of promoting prostitution in the second degree if the person knowingly:
    1. Advances or profits from prostitution by managing, supervising, controlling, or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more prostitutes; or
    2. Advances or profits from prostitution of a person less than eighteen years old.
  2. Promoting prostitution in the second degree is a class C felony.
[L 1972, c 9, pt of §1; am L 1993, c 130, §3]

RLH 1935, §6258 Rape; penalty. Effective 1932/01/29-1955/06/09

Whoever commits a rape, that is, ravishes or has carnal intercourse with any female, by force and against her will, shall, upon conviction thereof, suffer the punishment of death or shall be imprisoned at hard labor for life or any number of years.

[P.C. 1869, c. 11, s. 1; R.L. 1925, s. 4147; am. L. 1932, 1st, c. 10, s. 1; R.L. 1935, s. 6258]

RLH 1945, §11678 Rape; penalty. Effective 1932/01/29-1955/06/09

Whoever commits a rape, that is, ravishes or has carnal intercourse with any female, by force and against her will, shall, upon conviction thereof, suffer the punishment of death or shall be imprisoned at hard labor for life or any number of years.

[P.C. 1869, c. 11, s. 1; R.L. 1925, s. 4147; am. L. 1932, 1st, c. 10, s. 1; R.L. 1935, s. 6258]

HRS §309-31 Rape; penalty. Effective 1955/06/10-1972/12/31

Whoever commits a rape, that is, ravishes or has carnal intercourse with any female, by force and against her will, shall be imprisoned at hard labor for life not subject to parole, or at hard labor for life subject to parole, or any number of years.

[PC 1869, c 11, §1; RL 1925, §4147; am L 1932, 1st, c 10 § 1; RL 1935, §6258; RL 1945, §11678; am L 1955, c 239, §5; RL 1955, § 309-31]

HRS §768-61 Rape; penalty. Effective 1955/06/10-1972/12/31

Whoever commits a rape, that is, ravishes or has carnal intercourse with any female, by force and against her will, shall be imprisoned at hard labor for life not subject to parole, or at hard labor for life subject to parole, or any number of years.

[PC 1869, c 11, §1; RL 1925, §4147; am L 1932, 1st, c 10 § 1; RL 1935, §6258; RL 1945, §11678; am L 1955, c 239, §5; RL 1955, § 309-31]

HRS §707-730 Rape in the first degree. Effective 1973/01/01-1974/06/09

  1. A male commits the offense of rape in the first degree if:
    1. He intentionally engages in sexual intercourse, by forcible compulsion, with a female and:
      1. The female is not, upon the occasion, his voluntary social companion who had within the previous 12 months permitted him sexual contact; or
      2. He recklessly inflicts serious bodily injury upon the female; or
    2. He intentionally engages in sexual intercourse with a female who is less than 14 years old and he recklessly inflicts serious bodily injury upon a female.
  2. Rape in the first degree is a class A felony.
[L 1972, c 9, pt of §1]

HRS §707-730 Rape in the first degree. Effective 1974/06/10-1979/06/25

  1. A male commits the offense of rape in the first degree if:
    1. He intentionally engages in sexual intercourse, by forcible compulsion, with a female and:
      1. The female is not, upon the occasion, his voluntary social companion who had within the previous twelve months permitted him sexual intercourse; or
      2. He recklessly inflicts serious bodily injury upon the female; or
    2. He intentionally engages in sexual intercourse with a female who is less than fourteen years old and he recklessly inflicts serious bodily injury upon the female.
  2. Rape in the first degree is a class A felony.
[L 1972, c 9, pt of §1; am L 1974, c 197, § 1]

HRS §707-730 Rape in the first degree. Effective 1979/06/26-1981/06/18

  1. A person commits the offense of rape in the first degree if:
    1. He intentionally engages in sexual intercourse, by forcible compulsion, with another person and:
      1. The other person is not, upon the occasion, his voluntary social companion who had within the previous twelve months permitted him sexual intercourse; or
      2. He recklessly inflicts serious bodily injury upon the other person; or
    2. He intentionally engages in sexual intercourse with another person who is less than fourteen years old and he recklessly inflicts serious bodily injury upon the other person
  2. Rape in the first degree is a class A felony.
[L 1972, c9, pt of §1; am L 1974, c 197, §1; am L 1979, c 225, §1]

HRS §707-730 Rape in the first degree. Effective 1981/06/19-1986/12/31

  1. A person commits the offense of rape in the first degree if:
    1. The person intentionally engages in sexual intercourse, by forcible compulsion, with another person and:
      1. The other person is not, upon the occasion, his voluntary social companion who had within the previous thirty days permitted him sexual intercourse of the kind involved; or
      2. Recklessly inflicts serious bodily injury upon the other person; or
  2. The person intentionally engages in sexual intercourse with another person who is less than fourteen years old and he recklessly inflicts serious bodily injury upon the other person.
  3. Rape in the first degree is a class A felony.
[L 1972, c 9, pt of §1; am L 1974, c 197, §1, am L 1979, c 225, §1; am L 1981, c 213, §2]

HRS §707-731 Rape in the second degree. Effective 1973/01/01-1979/06/25

  1. A male commits the offense of rape in the second degree if:
    1. He intentionally engages in sexual intercourse by forcible compulsion with a female or;
    2. He intentionally engages in sexual intercourse with a female who is less than fourteen years old.
  2. Rape in the second degree is a class B felony.
[L 1972, c 9, pt of § 1]

HRS §707-731 Rape in the second degree. Effective 1979/06/26-1981/06/18

  1. A person commits the offense of rape in the second degree if:
    1. He intentionally engages in sexual intercourse by forcible compulsion with another person; or
    2. He intentionally engages in sexual intercourse with another person who is less than fourteen years old.
  2. Rape in the second degree is a class B felony.
[L 1972, c 9, pt of §1; am L 1979, c 225, §2]

HRS §707-731 Rape in the second degree. Effective 1981/06/19-1986/12/31

  1. A person commits the offense of rape in the second degree if:
    1. The person intentionally engages in sexual intercourse by forcible compulsion with another person; or
    2. The person intentionally engages in sexual intercourse with another person who is less than fourteen years old.
  2. Rape in the second degree is a class B felony.
[L 1972, c 9, pt of §1; am L 1979, c 225, §2; am L 1981, c 213, §3]

HRS §707-732 Rape in the third degree. Effective 1973/01/01-1979/06/25

  1. A male commits the offense of rape in the third degree if he intentionally engages in sexual intercourse with a female who is mentally defective, mentally incapacitated, or physically helpless.
  2. Rape in the third degree is a class C felony.
[L1972, c 9, pt of §1]

HRS §707-732 Rape in the third degree. Effective 1979/06/26-1981/06/18

  1. A person commits the offense of rape in the third degree if he intentionally engages in sexual intercourse with another person who is mentally defective, mentally incapacitated, or physically helpless.
  2. Rape in the third degree is a class C felony.
[L 1972, c 9, pt of §1; am L 1979, c 225, §3]

HRS §707-732 Rape in the third degree. Effective 1981/06/19-1986/12/31

  1. A person commits the offense of rape in the third degree if the person intentionally engages in sexual intercourse with another person who is mentally defective, mentally incapacitated, or physically helpless.
  2. Rape in the third degree is a class C felony.
[L 1972, c 9, pt of §1; am L 1979, c 225, §3; am L 1981, c 213, §4]

HRS §707-736 Sexual abuse in the first degree. Effective 1973/01/01-1986/12/31

  1. A person commits the offense of sexual abuse in the first degree if:
    1. He intentionally, by forcible compulsion, has sexual contact with another or causes another to have sexual contact with him; or
    2. He intentionally has sexual contact with another person who is less than fourteen years old or causes such a person to have sexual contact with him.
  2. Sexual abuse in the first degree is a class C felony.
[L 1972, c 9, pt of §1]

HRS §707-737 Sexual abuse in the second degree. Effective 1975/06/02-1980/05/23

  1. A person commits the offense of sexual abuse in the second degree if:
    1. He intentionally has sexual contact with another person who is mentally defective, mentally incapacitated, or physically helpless, or causes such a person to have sexual contact with him; or
    2. He intentionally has sexual contact with another person who is under sixteen years old and at least fourteen years old and at least four years younger than him or causes such a person to have sexual contact with him.
  2. Sexual abuse in the second degree is a misdemeanor.
  3. It is an affirmative defense to a prosecution under subsection (1)(b) that the other person had, prior to the time of the offense charged, engaged promiscuously in sexual relations with others.
[L 1972, c 9, pt of §1; am L 1975, c 163, §4]

HRS §707-737 Sexual abuse in the second degree. Effective 1980/05/24-1986/12/31

  1. A person commits the offense of sexual abuse in the second degree if:
    1. He intentionally or knowingly has sexual contact with another person who is mentally defective, mentally incapacitated, or physically helpless, or causes such a person to have sexual contact with him; or
    2. He intentionally or knowingly has sexual contact with another person who is under sixteen years old and at least fourteen years old and at least four years younger than him or causes such a person to have sexual contact with him.
  2. Sexual abuse in the second degree is misdemeanor.
[L 1972,c 9, pt of §1; am L 1975, c 163, §4, am L 1980, c 122, §1]

HRS §707-730 Sexual assault in the first degree. Effective 1987/01/01-1987/06/05

  1. A person commits the offense of sexual assault in the first degree if:
    1. The person knowingly subjects another person to an act of sexual penetration by strong compulsion;
    2. The person knowingly subjects to sexual penetration another person who is less than fourteen years old.
  2. Sexual assault in the first degree is a class A felony.
[L 1986, c 314, pt of §57]

HRS §707-730 Sexual assault in the first degree. Effective 1987/06/06-2001/07/09

  1. A person commits the offense of sexual assault in the first degree if:
    1. The person knowingly subjects another person to an act of sexual penetration by strong compulsion;
    2. The person knowingly subjects to sexual penetration another person who is less than fourteen years old; provided this paragraph 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]

HRS §707-730 Sexual assault in the first degree. [Repeal and reenactment on June 30, 2003. L Sp 2001 2d, c 1, §7.] Effective 2001/07/10-2003/06/28

  1. A person commits the offense of sexual assault in the first degree if:
    1. The person knowingly subjects another person to an act of sexual penetration by strong compulsion;
    2. The person knowingly engages in sexual penetration with another person who is less than fourteen years old; or
    3. 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:
      1. The person is not less than five years older than the minor; and
      2. 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]

*an L Sp 2001 2d, c 1, §1 – amended the language of HRS §707-730 and provided a sunset date.
*am L 2002, c 36, § 3 – strictly made grammar changes to language of Act 1, 2nd Sp, SLH 2001. Act 36, § 3 didn’t affect the language of §707-730.

HRS §707-730 Sexual assault in the first degree. Effective 2003/06/29-2006/06/21

  1. A person commits the offense of sexual assault in the first degree if:
    1. The person knowingly subjects another person to an act of sexual penetration by strong compulsion;
    2. The person knowingly engages in sexual penetration with another person who is less than fourteen years old; or
    3. 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:
      1. The person is not less than five years older than the minor; and
      2. 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]

*am L 2003, c 62, § 1 – repealed original sunset date of 6/30/03
*am L 2004, c 10, §15 – amended language of §707-730 and took effect retroactive to the sunset date of June 29, 2003

HRS §707-730 Sexual assault in the first degree. Effective 2006/06/22-present

  1. A person commits the offense of sexual assault in the first degree if:
    1. The person knowingly subjects another person to an act of sexual penetration by strong compulsion;
    2. The person knowingly engages in sexual penetration with another person who is less than fourteen years old; or
    3. 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:
      1. The person is not less than five years older than the minor; and
      2. The person is not legally married to the minor.
    4. The person knowingly subjects to sexual penetration another person who is mentally defective; or
    5. The person knowingly subjects to sexual penetration another person who is mentally incapacitated or physically helpless as a result of the influence of a substance that the actor knowingly caused to be administered to the other person without the other person's consent.
    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; am L 2006, c 230, §32]

HRS §707-731 Sexual Assault in the second degree. Effective 1987/01/01-1987/06/05

  1. A person commits the offense of sexual assault in the second degree if:
    1. The person knowingly subjects another person to an act of sexual penetration by compulsion;
    2. The person knowingly subjects to sexual penetration another person who is mentally defective, mentally incapacitated, or physically helpless; or
    3. The person, while employed in a state correctional facility, knowingly subjects to sexual penetration an imprisoned person.
  2. Sexual assault in the second degree is a class B felony.
[L 1986, c 314, pt of §57]

HRS §707-731 Sexual Assault in the second degree. Effective 1987/06/06-1997/07/02

  1. A person commits the offense of sexual assault in the second degree if:
    1. The person knowingly subjects another person to an act of sexual penetration by compulsion;
    2. The person knowingly subjects to sexual penetration another person who is mentally defective, mentally incapacitated, or physically helpless;
    3. The person, while employed in a state correctional facility, knowingly subjects to sexual penetration an imprisoned person; provided 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 second degree is a class B felony.
[L 1986, c 314, pt of §57; am L 1987, c 181, §10]

HRS §707-731 Sexual Assault in the second degree. Effective 1997/07/03-2002/06/30

  1. A person commits the offense of sexual assault in the second degree if:
    1. The person knowingly subjects another person to an at of sexual penetration by compulsion;
    2. The person knowingly subjects to sexual penetration another person who is mentally defective, mentally incapacitated, or physically helpless;
    3. The person, while employed in a state correctional facility or while employed 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, 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]

HRS §707-731 Sexual Assault in the second degree. Effective 2002/07/01-2004/05/09

  1. A person commits the offense of sexual assault in the second degree if:
    1. The person knowingly subjects another person to an act of sexual penetration by compulsion;
    2. The person knowingly subjects to sexual penetration another person who is mentally defective, mentally incapacitated, or physically helpless; or
    3. The person, while employed:
      1. In a state correctional facility;
      2. By a private company providing services at a correctional facility;
      3. 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;
      4. By a private correctional facility operating in the State of Hawaii; or
      5. 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 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]

HRS §707-731 Sexual Assault in the second degree. Effective 2004/05/10-2006/06/21

  1. A person commits the offense of sexual assault in the second degree if:
    1. The person knowingly subjects another person to an act of sexual penetration by compulsion;
    2. The person knowingly subjects to sexual penetration another person who is mentally defective, mentally incapacitated, or physically helpless; or
    3. The person, while employed:
      1. In a state correctional facility;
      2. By a private company providing services at a correctional facility;
      3. 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;
      4. By a private correctional facility operating in the State of Hawaii; or
      5. 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]

HRS §707-731 Sexual Assault in the second degree. Effective 2006/06/22-present

  1. A person commits the offense of sexual assault in the second degree if:
    1. The person knowingly subjects another person to an act of sexual penetration by compulsion;
    2. The person knowingly subjects to sexual penetration another person who is mentally incapacitated or physically helpless; or
    3. The person, while employed:
      1. In a state correctional facility;
      2. By a private company providing services at a correctional facility;
      3. 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;
      4. By a private correctional facility operating in the State of Hawaii; or
      5. 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; am L 2006, c 230, §33]

HRS §707-732 Sexual assault in the third degree.  Effective 1987/01/01-1987/06/05

  1. A person commits the offense of sexual assault in the third degree if:
    1. The person recklessly subjects another person to an act of sexual penetration by compulsion;
    2. 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
    3. 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; or
    4. The person, while employed in a state correctional facility, knowingly subjects to sexual contact an imprisoned person or causes such person to have sexual contact with the actor.
  2. Sexual assault in the third degree is a class C felony.
[L 1986, c 314, pt of §57]

HRS §707-732 Sexual assault in the third degree.  Effective 1987/06/06-2001/07/09

  1. A person commits the offense of sexual assault in the third degree if:
    1. The person recklessly subjects another person to an act of sexual penetration by compulsion;
    2. 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;
    3. 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; or
    4. The person, while employed in a state correctional facility, knowingly subjects to sexual contact an imprisoned person or causes such person to have sexual contact with the actor;
    5. The person knowingly, by strong compulsion, has sexual contact with another person or causes another person to have sexual contact with the actor; provided that paragraphs (b), (c), and (d) 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 third degree is a class C felony.
[L 1986, c 314, pt of §57; am L 1987, c 181, §11]

HRS §707-732 Sexual assault in the third degree. [Repeal and reenactment on June 30, 2003. L Sp 2001 2d, c 1, §7.] Effective 2001/07/10-2002/06/30

  1. A person commits the offense of sexual assault in the third degree if:
    1. The person recklessly subjects another person to an act of sexual penetration by compulsion;
    2. 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;
    3. 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:
      1. The person is not less than five years older than the minor; and
      2. The person is not legally married to the minor;
    4. 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;
    5. The person, while employed in a state correctional facility, knowingly subjects to sexual contact an imprisoned person or causes the person to have sexual contact with the actor; or
    6. 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.
  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]

HRS §707-732 Sexual assault in the third degree. Effective 2002/07/10-2003/06/28

  1. A person commits the offense of sexual assault in the third degree if:
    1. The person recklessly subjects another person to an act of sexual penetration by compulsion;
    2. 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;
    3. 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:
      1. The person is not less than five years older than the minor; and
      2. The person is not legally married to the minor.
    4. 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;
    5. The person, while employed in a state correctional facility;
      1. By a private company providing services at a correctional facility;
      2. 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; or
      3. By a private correctional facility operating in the State of Hawaii, knowingly subjects to sexual contact an imprisoned person, a person committed to the director of public safety, or a person residing in a private correctional facility operating in the State of Hawaii or causes the person to have sexual contact with the actor; or
    6. 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.
  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]

HRS §707-732 Sexual assault in the third degree. Effective 2003/06/29-2004/05/09

  1. A person commits the offense of sexual assault in the third degree if:
    1. The person recklessly subjects another person to an act of sexual penetration by compulsion;
    2. 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;
    3. 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:
      1. The person is not less than five years older than the minor; and
      2. The person is not legally married to the minor.
    4. 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;
    5. The person, while employed in a state correctional facility;
      1. By a private company providing services at a correctional facility;
      2. 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; or
      3. By a private correctional facility operating in the State of Hawaii, knowingly subjects to sexual contact an imprisoned person, a person committed to the director of public safety, or a person residing in a private correctional facility operating in the State of Hawaii or causes the person to have sexual contact with the actor; or
    6. 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.
  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]

HRS §707-732 Sexual assault in the third degree. Effective 2004/05/10-present

  1. A person commits the offense of sexual assault in the third degree if:
    1. The person recklessly subjects another person to an act of sexual penetration by compulsion;
    2. 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;
    3. 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:
      1. The person is not less than five years older than the minor; and
      2. The person is not legally married to the minor;
    4. 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;
    5. The person, while employed:
      1. In a state correctional facility;
      2. By a private company providing services at a correctional facility;
      3. 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;
      4. By a private correctional facility operating in the State of Hawaii; or
      5. 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
    6. 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]

HRS §707-733 Sexual assault in the fourth degree. Effective 1987/01/01-1991/06/05

  1. A person commits the offense of sexual assault in the fourth degree if:
    1. The person knowingly subjects another person to sexual contact by compulsion or causes another person to have sexual contact with the actor by compulsion; or
    2. The person exposes the person’s genitals to another person to whom the actor is not married under circumstances in which the actor’s conduct is likely to place the other person in fear of bodily injury.
  2. Sexual assault in the fourth degree is a misdemeanor.
[L1986, c 314, pt of §57]

HRS §707-733 Sexual assault in the fourth degree. Effective 1991/06/06-present

  1. A person commits the offense of sexual assault in the fourth degree if:
    1. The person knowingly subjects another person to sexual contact by compulsion or causes another person to have sexual contact with the actor by compulsion;
    2. 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
    3. 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]

RLH 1935, §6243 Sexual Intercourse with a female under sixteen; penalty. Effective 1925/04/17-1972/12/31

  1. Whoever is convicted of having sexual or carnal intercourse with any female under the age of sixteen years, not his lawful wife, shall be imprisoned at hard labor not more than ten years.
[PC 1869, c 13, §9; am L 1907, c 32, §1; am L 1913, c 27, §1; RL 1925, §4440; am L 1925, c 46, §1]

RLH 1945, §11663 Sexual Intercourse with a female under sixteen; penalty. Effective 1925/04/17-1972/12/31

  1. Whoever is convicted of having sexual or carnal intercourse with any female under the age of sixteen years, not his lawful wife, shall be imprisoned at hard labor not more than ten years.
[PC 1869, c 13, §9; am L 1907, c 32, §1; am L 1913, c 27, §1; RL 1925, §4440; am L 1925, c 46, §1; RL 1935, §6243]

RLH 1955, §309-14 Sexual Intercourse with a female under sixteen; penalty. Effective 1925/04/17-1972/12/31

  1. Whoever is convicted of having sexual or carnal intercourse with any female under the age of sixteen years, not his lawful wife, shall be imprisoned at hard labor not more than ten years.
[PC 1869, c 13, §9; am L 1907, c 32, §1; am L 1913, c 27, §1; RL 1925, §4440; am L 1925, c 46, §1; RL 1935, §6243; RL 1945, §11663]

HRS §768-21 Sexual Intercourse with a female under sixteen; penalty. Effective 1925/04/17-1972/12/31

  1. Whoever is convicted of having sexual or carnal intercourse with any female under the age of sixteen years, not his lawful wife, shall be imprisoned at hard labor not more than ten years.
[PC 1869, c 13, §9; am L 1907, c 32, §1; am L 1913, c 27, §1; RL 1925, §4440; am L 1925, c 46, §1; RL 1935, §6243; RL 1945, §11663; RL 1955, §309-14]

RLH 1955, §309-34 Sodomy defined; penalty. Effective 1869/04/03-1972/12/31

Whoever commits sodomy, that is, the crime against nature, either with mankind or any beast, shall be fined not more than $1,000 and imprisoned at hard labor not more than twenty years.

[P.C. 1869, c. 13, s. 11; R.L. 1925, s. 4446; R.L. 1935, § 6261; R.L. 1945, § 11681]

HRS 1968, §768-71 Sodomy defined; penalty. Effective 1869/04/03-1972/12/31

Whoever commits sodomy, that is, the crime against nature, either with mankind or any beast, shall be fined not more than $1,000 and imprisoned at hard labor not more than twenty years.

[PC 1869, c 13, § 11; RL 1925, § 4446; RL 1935, § 6261; RL 1945, § 11681; RL 1955, § 309-34]

HRS §707-733 Sodomy in the first degree. Effective 1973/01/01-1981/06/18

  1. A person commits the offense of sodomy in the first degree if:
    1. He intentionally, by forcible compulsion, engages in deviate sexual intercourse with another person or causes another person to engage in deviate sexual intercourse, and;
      1. The other person was not, upon the occasion his voluntary social companion who had within the previous twelve months permitted him sexual contact of the kind involved; or
      2. He recklessly inflicts serious bodily injury upon the other person; or
    2. He intentionally engages in deviate sexual intercourse with another person who is less than fourteen years old or causes such person to engage in sexual intercourse, and he recklessly inflicts serious bodily injury upon the person.
  2. Sodomy in the first degree is a class A felony.
[L1972, c 9, pt of §1]

HRS §707-733 Sodomy in the first degree. Effective 1981/06/19-1986/12/31

  1. A person commits the offense of sodomy in the first degree if:
    1. The person intentionally, by forcible compulsion, engages in deviate sexual intercourse with another person or causes another person to engage in deviate sexual intercourse, and:
      1. The other person was not, upon the occasion, his voluntary social companion who had within the past thirty days permitted him sexual contact of the kind involved; or
      2. Recklessly inflict serious bodily injury upon the other person or
    2. The person intentionally engages in deviate sexual intercourse with another person who is less than fourteen years old, or causes such person to engage in deviate sexual intercourse, and he recklessly inflicts serious bodily injury upon the person.
  2. Sodomy in the first degree is a class A felony.
[L1972, c9, pt of §1; am L 1981, c 213, §5]

HRS §707-734 Sodomy in the second degree. Effective 1982/04/26-1986/12/31

  1. A person commits the offense of sodomy in the second degree if:
    1. The person intentionally, by forcible compulsion, engages in deviate sexual intercourse with another person or causes another person to engage in deviate sexual intercourse; or
    2. The person intentionally engages in deviate sexual intercourse with another person who is less than fourteen years old.
  2. Sodomy in the second degree is a class B felony.
[L 1972, c9, pt of §1; am L 1981, c 213, §7]

HRS §707-735 Sodomy in the third degree. Effective 1973/01/01-1981/06/18

  1. A person commits the offense of sodomy in the third degree if he intentionally engages in deviate sexual intercourse with another person, or causes another person to engage in deviate sexual intercourse, and the other person is mentally defective, mentally incapacitated, or physically helpless.
  2. Sodomy in the third degree is a class C felony.
[L 1972, c 9, pt of §1]

HRS §707-735 Sodomy in the third degree. Effective 1981/06/19-1986/12/31

  1. A person commits the offense of sodomy in the third degree if the person intentionally engages in deviate sexual intercourse with another person, or causes another person to engage in deviate sexual intercourse, and the other person is mentally defective, mentally incapacitated, or physically helpless.
  2. Sodomy in the third degree is a class C felony.
[L 1972, c9, pt of §1; am L 1981, c 213, §7]

HRS §712-1209.1 Solicitation of a minor for prostitution.

  1. A person eighteen years of age or older commits the offense of solicitation of a minor for prostitution if the person offers or agrees to pay a fee to a minor to engage in sexual conduct.
  2. Solicitation of a minor for prostitution is a class C felony.
  3. A person convicted of committing the offense of solicitation of a minor for prostitution shall be imposed a fine of not less than $2,000; provided that $2,000 of the imposed fine shall be credited to the general fund.
  4. For purposes of this section:
    "Minor" means a person who is less than eighteen years of age.
    "Sexual conduct" has the same meaning as in section 712‑1200(2).
[L 2013, c 247, §1]

HRS §707-721 Unlawful imprisonment in the first degree. Effective 1973/01/01-1986/12/31

  1. A person commits the offense of unlawful imprisonment in the first degree if he knowingly restrains another person:
    1. Under circumstances which expose the person to the risk of serious bodily injury; or
    2. In a condition of involuntary servitude.
  2. Unlawful imprisonment in the first degree is a class C felony.
[L 1972, c 9, pt of §1]

HRS §707-721 Unlawful imprisonment in the first degree. Effective 1987/01/01-1993/12/30

  1. A person commits the offense of unlawful imprisonment in the first degree if he knowingly restrains another person:
    1. Under circumstances which expose the person to the risk of serious bodily injury; or
    2. In a condition of involuntary servitude.
  2. Unlawful imprisonment in the first degree is a class C felony.
[ree L 1986, c 314, §54]

HRS §707-721 Unlawful imprisonment in the first degree. Effective 1993/12/31-2008/06/05

  1. A person commits the offense of unlawful imprisonment in the first degree if the person knowingly restrains another person:
    1. Under circumstances which expose the person to the risk of serious bodily injury; or
    2. In a condition of involuntary servitude.
  2. Unlawful imprisonment in the first degree is a class C felony.
[L 1972, c 9, pt of §1; ree L 1986, c 314, §54; gen ch 1993]

HRS §707-721 Unlawful imprisonment in the first degree. Effective 2008/06/06-present

  1. A person commits the offense of unlawful imprisonment in the first degree if the person knowingly restrains another person under circumstances which expose the person to the risk of serious bodily injury
  2. Unlawful imprisonment in the first degree is a class C felony.
[Amended by 2008 Hawaii Laws Act 147 (S.B. 2212)]

HRS §707-722 Unlawful imprisonment in the second degree. Effective 1993/12/31-present

  1. A person commits the offense of unlawful imprisonment in the second degree if the person knowingly restrains another person.
  2. In any prosecution under this section it is an affirmative defense, that
    1. The person restrained was less than eighteen years old,
    2. The defendant was a relative of the victim, and
    3. The defendant's sole purpose was to assume custody over the victim.
    In that case, the liability of the defendant, if any, is governed by section 707-727 and the defendant may be convicted under section 707-727 although charged under this section.
  3. In any prosecution under this section it is an affirmative defense, that the person restrained
    1. Was on or in the immediate vicinity of the premises of a retail mercantile establishment for the purpose of investigation or questioning as to the ownership of any merchandise;
    2. Was restrained in a reasonable manner and for not more than a reasonable time;
    3. Was restrained to permit such investigation or questioning by a police officer or by the owner of the retail mercantile establishment, the owner's authorized employee or agent; and
    4. That such police officer, owner, employee or agent had reasonable grounds to believe that the person so detained was committing or attempting to commit theft of merchandise on the premises.
  4. Unlawful imprisonment in the second degree is a misdemeanor.
[L 1972, c 9, pt of §1; am L 1981, c 171, §2; gen ch 1993]

HRS §711-1110.9 Violation of privacy in the first degree.

  1. A person commits the offense of violation of privacy in the first degree if:
    except in the execution of a public duty or as authorized by law, the person intentionally or knowingly installs or uses, or both, in any private place, without consent of the person or persons entitled to privacy therein, any device for observing, recording, amplifying, or broadcasting another person in a stage of undress or sexual activity in that place.
  2. Violation of privacy in the first degree is a class C felony. In addition to any penalties the court may impose, the court may order the destruction of any recording made in violation of this section.
[L 1999, c 278, §1; am L 2003, c 48, §3; am L 2004, c 83, §2]