HRS 0712-1210 ANNOTATIONS

Act 106, Session Laws 1981, added the definition of "community standards," to mean a statewide standard. It also amended the definitions of "pornographic" and "pornographic to minors." The conference committee stated in its report (Senate Conference Committee Report No. 14 and House Conference Committee Report No. 12) that the amendments were merely to conform the definitions to the holdings of the United States Supreme Court in Miller v. California, 413 U.S. 15 (1973) and the Hawaii Supreme Court in State v. Manzo, 58 Haw. 440 (1978).

Act 240, Session Laws 2002, amended this section by adding definitions to comport with sexual exploitation of a minor offenses created by the Act.

State v. Kam: The Constitutional Status of Obscenity in Hawaii. 11 UH L. Rev. 253.

Construed; provision not unconstitutional for overbreadth or void for vagueness. 58 H. 440, 573 P.2d 945.

Material held to be "utterly without redeeming social value." 63 H. 418, 629 P.2d 1130.

Grand jury was presented with sufficient information to determine the existence of probable cause that material distributed to minor by defendant was pornographic for minors under paragraph (7)(a). 82 H. 474, 923 P.2d 891.

Cited: 413 U.S. 15, 93 S.Ct. 2607.