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;

(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. 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]

 

Revision Note

 

In subsection (1)(a)(iii), "and" deleted pursuant to 23G-15.

 

COMMENTARY ON 707-756 AND 707-757

 

Act 200, Session Laws 2002, added these sections to create criminal offenses relating to electronic enticement of a child. The legislature found that Act 200 addressed the problem of utilizing computer technology in committing crimes against children. Conference Committee Report No. 36-02.

Act 80, Session Laws 2006, amended 707-756 and 707-757 to mandate at least one year of incarceration for defendants convicted of electronic enticement of a child. Act 80 provided a means to ensure the safety of Hawaii's children, enhance enforcement efforts, and impose significant penalties against those who prey on the most vulnerable members of the community. Conference Committee Report No. 10-06.

Act 80, Session Laws 2008, amended 707-756 to clarify the element of electronic enticement of a child in the first degree pertaining to the intent to promote or facilitate the commission of another crime. Conference Committee Report No. 82-08.

 

 

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