HOUSE OF REPRESENTATIVES

H.B. NO.

1464

THIRTY-FIRST LEGISLATURE, 2022

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to Child TORTURE.

 

 

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

 


     SECTION 1.  Chapter 709, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§709-     Child torture; penalty.  (1)  A person commits the offense of child torture if the person is a parent or legal guardian of, resides in the same home with, or has recurring access to, a minor and intentionally, knowingly, or recklessly tortures the minor, with intent to cause or knowledge of causing, or in reckless disregard of the substantial and unjustifiable risk of causing, mental anguish to the minor.

     (2)  As used in this section, "torture" of a minor includes the following:

     (a)  Inflicting, or threatening to inflict, bodily injury upon the minor;

     (b)  Threatening the minor with imminent death;

     (c)  Threatening the minor that another person, or a pet, will imminently be subjected to death, serious bodily injury, or substantial bodily injury;

     (d)  Withholding from the minor adequate food, clothing, shelter, psychological care, physical care, medical care, or supervision;

     (e)  Forcing the minor to ingest:

          (i)  Feces;

         (ii)  Toxic substances; or

        (iii)  Any substance in quantities that expose the minor to the risk of bodily injury; and

     (f)  Physically restraining the minor under circumstances that expose the minor to the risk of bodily injury.

     (3)  Child torture is a class A felony."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

By Request


 


 

Report Title:

Honolulu Prosecuting Attorney's Office Package; Criminal Offenses; Child Torture

 

Description:

Adds a new section to Chapter 709, HRS, to establish the class A felony offense of child torture.

 

 

 

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