REPORT TITLE:
Criminal Acts; Procuring of


DESCRIPTION:
Changes offense of compensation of a juvenile for a crime to
procuring of a minor for a crime.  Reduces class of offense to
that for which minor was procured, instead of one degree above.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            1376        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE PENAL CODE.



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

 1      SECTION 1.  Section 709-904.5, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "[[]§709-904.5[]  Compensation] Procuring by an adult of
 
 4 [juveniles] minors for crimes[; grade or class of offense
 
 5 increased].(1)  A person other than a [juvenile] minor commits
 
 6 the offense of [compensation] procuring of a [juvenile] minor for
 
 7 a crime if the person intentionally or knowingly compensates,
 
 8 offers to compensate, [or] agrees to compensate, solicits,
 
 9 induces, encourages, intimidates, or otherwise procures any
 
10 [juvenile] minor for the commission of any criminal offense.
 
11      (2)  Any person convicted of compensating, offering to
 
12 compensate, [or] agreeing to compensate, soliciting, inducing,
 
13 encouraging, intimidating, or otherwise procuring a [juvenile]
 
14 minor for the commission of a:
 
15      (a)  Petty misdemeanor shall be deemed guilty of a petty
 
16           misdemeanor;
 
17      (b)  Misdemeanor shall be deemed guilty of a [class C
 
18           felony;] misdemeanor;
 
19      (c)  Class C felony shall be deemed guilty of a class [B] C
 

 
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 1           felony;
 
 2      (d)  Class B [or class A] felony shall be deemed guilty of a
 
 3           class [A] B felony[.]; or
 
 4      (e)  Class A felony shall be deemed guilty of a class A
 
 5           felony."
 
 6      (3)  It is not a defense to a prosecution under subsection
 
 7 (1) that the accused had no knowledge of the [juvenile's] minor's
 
 8 age.  The intent is to impose absolute liability with respect to
 
 9 the element of the other person's being less than eighteen years
 
10 old.
 
11      (4)  For the purposes of this section, the following terms
 
12 have the following meanings: 
 
13      "Compensate" means to confer any benefit or pecuniary
 
14 benefit. 
 
15      ["Juvenile"] "Minor" means any person under eighteen years
 
16 of age." 
 
17      SECTION 2.  Statutory material to be repealed is bracketed.
 
18 New statutory material is underscored.
 
19      SECTION 3.  This Act shall take effect upon its approval.
 
20 
 
21                           INTRODUCED BY:  _______________________