REPORT TITLE:
Sexual Offenses


DESCRIPTION:
Raises the age of consent for sexual offenses from 14 to 16.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1781
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT
RELATING TO SEXUAL OFFENSES.



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

 1      SECTION 1.  Section 707-730, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (1) to read as follows:
 
 3      "(1)  A person commits the offense of sexual assault in the
 
 4 first degree if:
 
 5      (a)  The person knowingly subjects another person to an act
 
 6           of sexual penetration by strong compulsion;
 
 7      (b)  The person knowingly subjects to sexual penetration
 
 8           another person who is less than [fourteen] sixteen
 
 9           years old; provided this paragraph shall not be
 
10           construed to prohibit practitioners licensed under
 
11           chapter 453, 455, or 460, from performing any act
 
12           within their respective practices."
 
13      SECTION 2.  Section 707-732, Hawaii Revised Statutes, is
 
14 amended by amending subsection (1) to read as follows:
 
15      "(1)  A person commits the offense of sexual assault in the
 
16 third degree if:
 
17      (a)  The person recklessly subjects another person to an act
 
18           of sexual penetration by compulsion;
 
19      (b)  The person knowingly subjects to sexual contact another
 

 
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 1           person who is less than [fourteen] sixteen years old or
 
 2           causes such a person to have sexual contact with the
 
 3           person;
 
 4      (c)  The person knowingly subjects to sexual contact another
 
 5           person who is mentally defective, mentally
 
 6           incapacitated, or physically helpless, or causes such a
 
 7           person to have sexual contact with the actor; or
 
 8      (d)  The person, while employed in a state correctional
 
 9           facility, knowingly subjects to sexual contact an
 
10           imprisoned person or causes such person to have sexual
 
11           contact with the actor;
 
12      (e)  The person knowingly, by strong compulsion, has sexual
 
13           contact with another person or causes another person to
 
14           have sexual contact with the actor; provided that
 
15           paragraphs (b), (c), and (d) shall not be construed to
 
16           prohibit practitioners licensed under chapter 453, 455,
 
17           or 460, from performing any act within their respective
 
18           practices."
 
19      SECTION 3.  Section 707-733.5, Hawaii Revised Statutes, is
 
20 amended as follows:
 
21      1.  By amending the title to read:
 
22      "[[]§707-733.5[]]  Continuous sexual assault of a minor
 

 


 

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 1 under the age of [fourteen] sixteen years."
 
 2      2.  By amending subsection (1) to read:
 
 3      "(1)  Any person who:
 
 4      (a)  Either resides in the same home with a minor under the
 
 5           age of [fourteen] sixteen years or has recurring access
 
 6           to the minor; and
 
 7      (b)  Engages in three or more acts of sexual penetration or
 
 8           sexual contact with the minor over a period of time,
 
 9           but while the minor is under the age of [fourteen]
 
10           sixteen years,
 
11 is guilty of the offense of continuous sexual assault of a minor
 
12 under the age of [fourteen] sixteen years."
 
13      3.  By amending subsection (4) to read:
 
14      "(4)  Continuous sexual assault of a minor under the age of
 
15 [fourteen] sixteen years is a class A felony."
 
16      SECTION 4.  This Act does not affect rights and duties that
 
17 matured, penalties that were incurred, and proceedings that were
 
18 begun, before its effective date.
 
19      SECTION 5.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 6.  This Act shall take effect upon its approval.
 
22 
 
23                           INTRODUCED BY:_________________________