HRS 0712-1213 ANNOTATIONS

Prima facie evidence, see §701-117.

This section is derived from the proposed statute in Richard Kuh's influential book on pornography.[1] The purpose of the section is to ease the burden on the prosecutor of making a prima facie case on the issue of mens rea in cases involving violation of §712-1211. It makes proof of a prohibited display prima facie evidence of the requisite state of mind; however, it does not change the prosecutor's ultimate burden of proof beyond a reasonable doubt.

§712-1213 Commentary:

1. Kuh, Foolish Figleaves? 267 (1967).