Report Title:

Promoting Child Abuse

 

Description:

Expands definition of the acts constituting promoting of child abuse in the first and second degrees. (HB993 HD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

993

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PROMOTING CHILD ABUSE.

 

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

SECTION 1. Section 707-750, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of promoting child abuse in the first degree if, knowing or having reason to know its character and content, the person produces, directs, or participates in the preparation of pornographic material or engages in a pornographic performance that employs, uses, or otherwise contains [a minor engaging in or assisting others to engage in sexual conduct.]:

(a) A person having sexual contact with a minor;

(b) A minor engaging in or assisting others to engage in sexual conduct; or

(c) A minor depicted in a sexually explicit or lascivious manner."

SECTION 2. Section 707-751, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of promoting child abuse in the second degree if, knowing or having reason to know its character and content, the person possesses or disseminates pornographic material which employs, uses, or otherwise contains [a minor engaging in or assisting others to engage in sexual conduct.]:

(a) A person having sexual contact with a minor;

(b) A minor engaging in or assisting others to engage in sexual conduct; or

(c) A minor depicted in a sexually explicit or lascivious manner."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.