HOUSE OF REPRESENTATIVES

H.B. NO.

2122

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to sex offenses.

 

 

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

 


SECTION 1. The legislature finds that the State must do more to prevent adults from engaging in sexual intercourse with minors. This may be accomplished in two ways:

(1) Making it easier for law enforcement to stop child sex predators; and

(2) Holding parents who offer their minor children for sex accountable.

The legislature further finds that undercover operations have shown an increase in "johns" seeking sex with a minor. These "johns" communicate with an adult who represents oneself to be a parent or guardian or have custody or control of the child being offered for sex. However, under the current state statute, only the communication from the "john" directly to the minor or a law enforcement officer representing oneself to be a minor is unlawful.

The purpose of this Act is to impose a criminal penalty:

(1) On a parent or guardian who offers or agrees for consideration or the promise of consideration for the purpose of another person engaging in sexual conduct with the parent's or guardian's minor child; and

(2) On an adult who communicates with someone the adult perceives to be the minor's parent or guardian for the purpose of engaging in sexual conduct with the minor.

SECTION 2. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"712-    Promoting the prostitution of a minor. (1) A person commits the offense of promoting prostitution of a minor if a person of eighteen years of age or older that is a parent, guardian, or has custody or control of a minor, intentionally, knowingly, or recklessly offers or agrees for consideration or the promise of consideration for the purpose of another person engaging in sexual conduct with the minor.

(2) Promoting prostitution of a minor is a class B felony.

(3) For purposes of this section, "sexual conduct" shall have the same meaning as that term is defined in section 712‑1200(1)."

SECTION 3. Section 707-756, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) Any person who, using a computer or any other electronic device:

(a) Intentionally or knowingly communicates:

(i) With a minor known by the person to be under the age of eighteen years;

(ii) With another person, in reckless disregard of the risk that the other person is under the age of eighteen years, and the other person is under the age of eighteen years; [or]

(iii) With another person who represents that person to be under the age of eighteen years; or

(iv) With another person who represents that person to have control or custody of a minor, including but not limited to a parent or guardian;

(b) With the intent to promote or facilitate the commission of a felony:

(i) That is a murder in the first or second degree;

(ii) That is a class A felony; or

(iii) That is another covered offense as defined in section 846E-1,

agrees to meet with the minor, [or] with another person who represents that person to be a minor under the age of eighteen years[;], or with another person who represents that person to have control or custody of a minor; and

(c) Intentionally or knowingly travels to the agreed upon meeting place at the agreed upon meeting time,

is guilty of electronic enticement of a child in the first degree."

SECTION 4. Section 707-757, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) Any person who, using a computer or any other electronic device:

(a) Intentionally or knowingly communicates:

(i) With a minor known by the person to be under the age of eighteen years;

(ii) With another person, in reckless disregard of the risk that the other person is under the age of eighteen years, and the other person is under the age of eighteen years; [or]

(iii) With another person who represents that person to be under the age of eighteen years; or

(iv) With another person who represents that person to have control or custody of a minor, including but not limited to a parent or guardian;

(b) With the intent to promote or facilitate the commission of a felony, agrees to meet with the minor, [or] with another person who represents that person to be a minor under the age of eighteen years[;], or with another person represents that person to have control or custody of a minor; and

(c) Intentionally or knowingly travels to the agreed upon meeting place at the agreed upon meeting time;

is guilty of electronic enticement of a child in the second degree."

SECTION 5. Section 846E-1, Hawaii Revised Statutes, is amended by amending the definition of "sexual offense" to read as follows:

""Sexual offense" means an offense that is:

(1) Set forth in section 707-730(1), 707-731(1), 707-732(1), 707-733(1)(a), 707-733.6, 712-1202(1), or 712-1203(1), but excludes conduct that is criminal only because of the age of the victim, as provided in section 707-730(1)(b), or section 707-732(1)(b) if the perpetrator is under the age of eighteen;

(2) An act defined in section 707-720 if the charging document for the offense for which there has been a conviction alleged intent to subject the victim to a sexual offense;

(3) An act that consists of:

(A) Criminal sexual conduct toward a minor, including but not limited to an offense set forth in section 707-759;

(B) Solicitation of a minor who is less than fourteen years old to engage in sexual conduct;

(C) Use of a minor in a sexual performance;

(D) Production, distribution, or possession of child pornography chargeable as a felony under section 707-750, 707-751, or 707-752;

(E) Electronic enticement of a child chargeable under section 707-756 or 707-757 if the offense was committed with the intent to promote or facilitate the commission of another covered offense as defined in this section; [or]

(F) Solicitation of a minor for prostitution in violation of section 712-1209.1; or

(G) Promoting the prostitution of a minor in violation of section 712-   ;

(4) A violation of privacy under section 711-1110.9;

(5) An act, as described in chapter 705, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the offenses designated in paragraphs (1) through (4);

(6) A criminal offense that is comparable to or that exceeds a sexual offense as defined in paragraphs (1) through (5); or

(7) Any federal, military, out-of-state, tribal, or foreign conviction for any offense that under the laws of this State would be a sexual offense as defined in paragraphs (1) through (6)."

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2020.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Promoting the Prostitution of a Minor; Criminal Offense; Penal Code

 

Description:

Imposes a criminal penalty on any parent, guardian, or person having custody or control of a minor that offers or agrees for consideration for the purpose of another person having sexual conduct with the minor. Imposes a criminal penalty on any person that entices a parent, guardian, or person having custody or control of a minor by electronic means for the purposes of having sexual conduct with the minor.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.