Honolulu, Hawaii

, 2002

RE: S.B. No. 2686

S.D. 2



Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii


Your Committee on Judiciary, to which was referred S.B. No. 2686, S.D. 1, entitled:


begs leave to report as follows:

The purpose of this measure is to require producers of pornography to verify that their performers are not minors, and to keep documentation of this verification.

Testimony in support of this measure was received from the Attorney General, Honolulu Police Department, Honolulu Prosecuting Attorney, Volunteer Legal Services Hawaii, Hawaii Family Forum, and a private citizen. Testimony in opposition was received from the Public Defender.

Testimony on this measure indicates that law enforcement has had difficulty in gaining the cooperation of minor victims and witnesses to prosecute producers and purveyors of pornography. The approach proposed by this measure obviates this problem by requiring persons using sexual performers to create, maintain, and affix information which can be checked by law enforcement to ascertain that minors were not used in the creation or production of the performance or material. This measure allows law enforcement to check for violations by using records required to be kept versus having to gain the cooperation of the minors to detect, investigate, and prosecute violations.

This measure is intended to detect, prosecute, and ultimately extinguish the practice of using minors to pose for pornography, by facilitating the investigation of such activities. This measure fills in the missing link in a chain of required proof to successfully prosecute a child pornography case.

Your Committee has amended this measure by:

(1) Deleting reference to violation of the offense of sexual exploitation of a minor under the definition of "sexual performer", because that offense does not currently exist in law; and

(2) Making technical changes for style and clarity.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2686, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2686, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,