REPORT TITLE:
Age of Consent


DESCRIPTION:
Raises the age of consent to 18 for sexual contact involving
minors, including sexual intercourse, when the actor is more than
7 years older than the minor.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           620
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.  The legislature finds that the age of consent
 
 2 for sexual intercourse and sexual contact under Hawaii's penal
 
 3 code is one of the lowest in the nation.  Within Hawaii's penal
 
 4 code, it is a class A felony to knowingly subject to sexual
 
 5 penetration another person who is less than fourteen years of
 
 6 age, and a class C felony to knowingly subject to sexual contact
 
 7 another person who is less than fourteen years old.  However,
 
 8 recent increases in cases of sexual assault involving minors have
 
 9 brought attention to this problem and the need to protect our
 
10 children from adults who pursue or coerce minors into sexual
 
11 activity without their consent.
 
12      Currently forty-four per cent of Hawaii's youths in the
 
13 ninth to twelfth grade public schools are reporting to be
 
14 sexually active.  Over 1,500 female adolescents fourteen to
 
15 fifteen years old sought family planning services during 1995-
 
16 1997.  Pregnant teens between the ages of ten and fourteen
 
17 frequently reported that they had partners who were at least five
 
18 years older.
 
19      Accordingly, it is the purpose of this Act to address this
 
20 growing problem of older males having sexual relationships with
 

 
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                                     S.B. NO.           620
                                                        
                                                        

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

 
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                                     S.B. NO.           620
                                                        
                                                        

 
 1      (b)  The person knowingly subjects to sexual contact another
 
 2           person who is less than fourteen years old or causes
 
 3           such a person to have sexual contact with the person;
 
 4      (c)  The person knowingly subjects to sexual contact a
 
 5           minor who is at least fourteen years old but under
 
 6           eighteen years old or causes the minor to have sexual
 
 7           contact with the actor; provided that the actor is not
 
 8           less than seven years older than the minor;
 
 9     [(c)] (d)  The person knowingly subjects to sexual contact
 
10           another 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)] (e)  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)] (f)  The person knowingly, by strong compulsion, has
 
18           sexual contact with another person or causes another
 
19           person to have sexual contact with the actor;
 
20 provided that paragraphs (b), (c), [and] (d), and (e) shall not
 
21 be construed to prohibit practitioners licensed under chapter
 
22 453, 455, or 460, from performing any act within their respective
 
23 practices."
 

 
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                                     S.B. NO.           620
                                                        
                                                        

 
 1      SECTION 4.  This Act does not affect rights and duties that
 
 2 matured, penalties that were incurred, and proceedings that were
 
 3 begun, before its effective date.
 
 4      SECTION 5.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 6.  This Act shall take effect upon its approval.
 
 7 
 
 8                           INTRODUCED BY:  _______________________