Report Title:

Minors; Commercial Sexual Exploitation

 

Description:

Prohibits sexual exploitation of minors in exchange for monetary or nonmonetary consideration; subjects convicted defendant to forfeiture of property and revoking of all business licenses. (SD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

978

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

S.D. 1

 

A BILL FOR AN ACT

 

RELATING TO THE PENAL CODE.

 

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

SECTION 1. The legislature finds that current Hawaii law does not address the common abuse of a minor situation whereby a minor is used in a fashion similar to a trade commodity in providing various lascivious services that are not covered by prostitution or sexual abuse. This is known as commercial sexual exploitation, that includes nude dancing, unlicensed massage, exotic dancing, and escort services.

The legislature further finds that commercial exploitation of minors is a means to recruit minors into the sex trade and introducing them into the world of prostitution.

The purpose of this Act is to prohibit the commercial exploitation of minors.

SECTION 2. Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:

"§707- Sexual exploitation of a minor. (1) A person commits the offense of sexual exploitation of a minor if that person engages or retains the services of a minor for monetary or nonmonetary consideration to:

(a) Provide exotic or nude dancing or entertainment in a public establishment or a private club or event;

(b) Perform acts or acts that simulate sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts that are not otherwise prohibited by law;

(c) Provide erotic entertainment by using or wearing artificial devices, inanimate objects or other covering that, when exposed to view, depict:

(i) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any other sexual acts that are otherwise prohibited by law;

    (ii) Touching, caressing, or fondling of the breasts, buttocks, anus, or genitalia; or

   (iii) The displaying of nudity; or

(d) Provide erotic or nude massage services if the person massaged or performing the massage is nude.

(2) As used in this section:

"Exotic dancing" or "exotic entertaining" means a person who performs, dances or entertains in the nude, and includes patrons participating in a contest or receiving instruction in the art of nude dancing.

"Nude" means unclothed or in attire so as to expose to view any portion of the pubic hair, anus, cleft of the buttocks, genitals, or any portion of the female breast below the top of the areola.

(3) Sexual exploitation of a minor is a class B felony.

(4) A conviction under this section shall subject the defendant to sections 436B-19 and 712A-4, if applicable.

SECTION 3. Section 436B-19, Hawaii Revised Statutes, is amended to read as follows:

"§436B-19 Grounds for refusal to renew, reinstate or restore and for revocation, suspension, denial, or condition of licenses. In addition to any other acts or conditions provided by law, the licensing authority may refuse to renew, reinstate or restore, or may deny, revoke, suspend, or condition in any manner, any license for any one or more of the following acts or conditions on the part of the licensee or the applicant thereof:

(1) Failure to meet or maintain the conditions and requirements necessary to qualify for the granting of a license;

(2) Engaging in false, fraudulent, or deceptive advertising, or making untruthful or improbable statements;

(3) Being addicted to, dependent on, or a habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, opium, or cocaine, or other drugs or derivatives of a similar nature;

(4) Practicing the licensed profession or vocation while impaired by alcohol, drugs, physical disability, or mental instability;

(5) Procuring a license through fraud, misrepresentation, or deceit;

(6) Aiding and abetting an unlicensed person to directly or indirectly perform activities requiring a license;

(7) Professional misconduct, incompetence, gross negligence, or manifest incapacity in the practice of the licensed profession or vocation;

(8) Failure to maintain a record or history of competency, trustworthiness, fair dealing, and financial integrity;

(9) Conduct or practice contrary to recognized standards of ethics for the licensed profession or vocation;

(10) Violating any condition or limitation upon which a conditional or temporary license was issued;

(11) Engaging in business under a past or present license issued pursuant to the licensing laws, in a manner causing injury to one or more members of the public;

(12) Failure to comply, observe, or adhere to any law in a manner such that the licensing authority deems the applicant or holder to be an unfit or improper person to hold a license;

(13) Revocation, suspension, or other disciplinary action by another state or federal agency against a licensee or applicant for any reason provided by the licensing laws or this section;

(14) Criminal conviction, whether by nolo contendere or otherwise, of a penal crime directly related to the qualifications, functions, or duties of the licensed profession or vocation;

(15) Failure to report in writing to the licensing authority any disciplinary decision issued against the licensee or the applicant in another jurisdiction within thirty days of the disciplinary decision;

(16) Employing, utilizing, or attempting to employ or utilize at any time any person not licensed under the licensing laws where licensure is required; [or]

(17) Conviction under section 707- ; or

[(17)] (18) Violating this chapter, the applicable licensing laws, or any rule or order of the licensing authority."

SECTION 4. Section 712A-4, Hawaii Revised Statutes, is amended to read as follows:

"§712A-4 Covered offenses. Offenses for which property is subject to forfeiture under this chapter are:

(a) All offenses which specifically authorize forfeiture;

(b) Murder, kidnapping, gambling, criminal property damage, robbery, bribery, extortion, theft, unauthorized entry into motor vehicle, burglary, money laundering, trademark counterfeiting, insurance fraud, promoting a dangerous, harmful, or detrimental drug, or commercial promotion of marijuana, which is chargeable as a felony offense under state law;

(c) The manufacture, sale, or distribution of a controlled substance in violation of chapter 329, promoting detrimental drugs or intoxicating compounds, promoting pornography, promoting pornography for minors, sexual exploitation of a minor, or promoting prostitution, which is chargeable as a felony or misdemeanor offense, but not as a petty misdemeanor, under state law; and

(d) The attempt, conspiracy, solicitation, coercion, or intimidation of another to commit any offense for which property is subject to forfeiture."

SECTION 5. If any provision of this Act or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or applications of this Act, and to this end the provisions of this Act are severable.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.