Report Title:

Age of Consent

 

Description:

Increases age of consent for the crime of sexual assault.

 

THE SENATE

S.B. NO.

1278

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to sexual assault.

 

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

SECTION 1. The legislature finds that the age of consent for sexual intercourse and sexual contact under Hawaii's penal code is one of the lowest in the nation. Within Hawaii's penal code, it is a class A felony to knowingly subject to sexual penetration another person who is less than fourteen years of age, and a class C felony to knowingly subject to sexual contact another person who is less than fourteen years old. However, recent increases in cases of sexual assault involving minors have brought attention to this problem and the need to protect our children from adults who pursue or coerce minors into sexual activity without their consent.

Recent studies indicate that at least half of all babies born to minor women are fathered by adult men. Seventy-four per cent of women who had intercourse before age fourteen and sixty per cent of those who had sex before age fifteen reported having had a forced sexual experience.

Accordingly, it is the purpose of this Act to protect minors from predator, exploitative sexual relationships with much older partners.

SECTION 2. Section 707-730, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(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 subjects to sexual penetration another person who is less than fourteen years old; or

(c) The person knowingly subjects to sexual penetration a minor who is at least fourteen years old but under eighteen years old; provided that the actor is not less than five years older than the minor.

[provided this paragraph] 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."

SECTION 3. Section 707-732, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(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 subjects to sexual contact a minor who is at least fourteen years old but under eighteen years old or causes the minor to have sexual contact with the actor; provided that the actor is not less than five years older than the minor;

[(c)] (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; [or

(d)] (e) The person, while employed in a state correctional facility, knowingly subjects to sexual contact an imprisoned person or causes [such] the person to have sexual contact with the actor; or

[(e)] (f) 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), and (e) shall not be construed to prohibit practitioners licensed under chapter 453, 455, or 460, from performing any act within their respective practices."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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