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]

 

Cross References

 

Degrees of consanguinity or affinity within which marriage is prohibited, see 572-1(1).

 

COMMENTARY ON 707-741

 

The Proposed Draft had recommended the deletion of incest as a crime. The legislature, however, decided to retain the offense and found "that sexual intercourse with another who is within the degrees of consanguinity or affinity within which marriage is prohibited by HRS 572-1 should be prohibited for the reason such marriages are prohibited." Conference Committee Report No. 2 (1972).

 

ADDITIONAL COMMENT

 

The Proposed Draft had suggested a provision (741 of the Proposed Draft) that no person shall be convicted of a felony upon the uncorroborated testimony of the alleged victim. The legislature rejected this concept, however, since it felt that there is little probability of corroborating evidence in the cases listed in part V. The legislature felt that the corroborating evidence requirement would prevent effective enforcement of the acts prohibited under this part. Conference Committee Report No. 2 (1972).

 

Case Notes

 

Incest is a general intent crime. 66 H. 281, 660 P.2d 522 (1983).

 

 

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