Adds elements of offense to promoting child abuse in the first and second degrees; makes second degree offense a class B felony; makes appropriation for Blueprint for Change. (SD1)

A BILL FOR AN ACT

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.]:

SECTION 2. Section 707-751, Hawaii Revised Statutes, is amended as follows:

1. 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.]:

"(4) Promoting child abuse in the second degree is a class

[C] B felony."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $657,000, or so much thereof as may be necessary, for fiscal year 2001-2002, to support services to the diversion of families identified by child protective services as at-risk for child abuse.

The sum appropriated shall be expended by the department of human services for the purpose of this Act.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.