Report Title:

Sexual Exploitation

 

Description:

Creates offense of failure to maintain age verification records of sexually exploited individuals. (SB2234 HD2)

THE SENATE

S.B. NO.

2234

TWENTY-FIRST LEGISLATURE, 2002

S.D. 2

STATE OF HAWAII

H.D. 2


 

A BILL FOR AN ACT

 

RELATING TO SEXUAL EXPLOITATION.

 

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

SECTION 1. Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§707— Failure to maintain age verification records of sexually exploited individuals. (1) A person commits the offense of failure to maintain age verification records of sexually exploited individuals if, with the intent to profit therefrom, the person knowingly provides sexually exploited individuals to patrons or customers of a public establishment or to provide sexually exploited individuals to a private club or event, and the person:

(a) Knowingly fails to create and maintain age verification records for each sexually exploited individual;

(b) Knowingly makes or causes to be made any false entry into the age verification records of sexually exploited individuals required by this section; or

(c) Knowingly fails to produce the age verification records of sexually exploited individuals required by this section upon request by a law enforcement officer for the purpose of verifying the age of a sexually exploited individual.

(2) Failure to maintain age verification records of sexually exploited individuals is a class C felony.

(3) For the purposes of this section:

"Age verification records of sexually exploited individuals" means individually identifiable records pertaining to every sexually exploited individual provided to patrons or customers of a public establishment or in a private club or event. Such records shall include:

(a) Each sexually exploited individual's name and date of birth, as ascertained by an examination of the individual's valid driver’s license, official state identification card, or passport;

(b) A certified copy of each sexually exploited individual’s driver's license, official state identification card, or passport; and

(c) Any name ever used by each sexually exploited individual including but not limited to maiden name, aliases, nicknames, stage names, or professional names.

"Erotic or nude massager" means a nude person providing massage services with or without a license.

"Escort" means a person hired by another person or who is directed to meet with another person by a third person, for the purpose of accompaniment and providing nudity, erotic or nude massage, nude or exotic dancing, or sexual conduct with the other person for a fee.

"Exotic or nude dancer" means a person performing, dancing, or entertaining in the nude, and includes patrons participating in a contest or receiving instruction in nude dancing.

"Intent to profit" means the intent to obtain monetary gain.

"Nude" means unclothed or in attire, including but not limited to sheer or see—through attire, so as to expose to view any portion of the pubic hair, anus, cleft of the buttocks, genitals or any portion of the female breast below the top of the areola."

"Sexually exploited individuals" means:

(a) Erotic or nude massagers;

(b) Escorts; and

(c) Exotic or nude dancers."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.