REPORT TITLE:
Sex Assault; Age of Consent


DESCRIPTION:
Includes under offenses of sexual assault 1st and 3rd degrees,
situations where the victim is less than 16 years of age and the
actor is not less than 3 years older than the victim.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            576         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SEXUAL ASSAULT.
 


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

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (a)  The person recklessly subjects another person to an act
 
 2           of sexual penetration by compulsion;
 
 3      (b)  The person knowingly subjects to sexual contact
 
 4           [another person] a minor who is less than [fourteen]
 
 5           sixteen years old or causes [such a person] the minor
 
 6           to have sexual contact with the [person;] actor;
 
 7           provided that the actor is not less than three years
 
 8           older than the minor under age sixteen;
 
 9      (c)  The person knowingly subjects to sexual contact another
 
10           person who is mentally defective, mentally
 
11           incapacitated, or physically helpless, or causes such a
 
12           person to have sexual contact with the actor; [or]
 
13      (d)  The person, while employed in a state correctional
 
14           facility, knowingly subjects to sexual contact an
 
15           imprisoned person or causes [such] the person to have
 
16           sexual contact with the actor; or
 
17      (e)  The person knowingly, by strong compulsion, has sexual
 
18           contact with another person or causes another person to
 
19           have sexual contact with the actor;
 
20 provided that paragraphs (b), (c), and (d) shall not be construed
 
21 to prohibit practitioners licensed under chapter 453, 455, or
 
22 460, from performing any act within their respective practices."
 
23      SECTION 3.  This Act does not affect rights and duties that
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 matured, penalties that were incurred, and proceedings that were
 
 2 begun, before its effective date.
 
 3      SECTION 4.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 5.  This Act shall take effect upon its approval.
 
 6 
 
 7                           INTRODUCED BY:_________________________