REPORT TITLE:
Sexual offenses


DESCRIPTION:
Toughens Hawaii's laws for perpetrators of child abuse.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.631        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CHILDREN.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 707, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "707-      Unlawful sexual intercourse with a minor.  (1)
 
 5 A person commits the offense of unlawful sexual intercourse with
 
 6 a minor if:
 
 7      (a)  The person accomplishes an act of sexual intercourse
 
 8           with a minor and is an adult who is not the spouse of
 
 9           the minor; or
 
10      (b)  The person accomplishes an act of sexual intercourse
 
11           with a minor and is a minor who is not the spouse of
 
12           the perpetrator and is older than the victim.
 
13      (2)  A person engaging in an act of unlawful sexual
 
14 intercourse with a minor, who is not more than three years older
 
15 than the victim, is guilty of a petty misdemeanor.
 
16      (3)  A person engaging in an act of unlawful sexual
 
17 intercourse with a minor, who is more than three years older than
 
18 the victim, is guilty of a misdemeanor.
 
19      (4)  An adult engaging in an act of unlawful sexual
 
20 intercourse with a minor who is under sixteen years of age is
 
21 guilty of a class C felony.
 
Page 2                                                     
                                     H.B. NO.631        
                                                        
                                                        

 
 1      (5)  Notwithstanding any other provision of this section, an
 
 2 adult who engages in an act of sexual intercourse with a minor in
 
 3 violation of this section may be liable for civil penalties in
 
 4 the following amounts:
 
 5      (a)  An adult who engages in an act of unlawful sexual
 
 6           intercourse with a minor less than two years younger
 
 7           than the adult is liable for a civil penalty not to
 
 8           exceed $2,000.
 
 9      (b)  An adult who engages in an act of unlawful sexual
 
10           intercourse with a minor at least two years younger
 
11           than the adult is liable for a civil penalty not to
 
12           exceed $5,000.
 
13      (c)  An adult who engages in an act of unlawful sexual
 
14           intercourse with a minor at least three years younger
 
15           than the adult is liable for a civil penalty not to
 
16           exceed $10,000.
 
17      (d)  An adult who engages in an act of unlawful sexual
 
18           intercourse with a minor under sixteen years of age is
 
19           liable for a civil penalty not to exceed $25,000."
 
20      SECTION 2.  New statutory material is underscored.
 
21      SECTION 3.  This Act shall take effect upon its approval.
 
22 
 
23                           INTRODUCED BY:  _______________________