Report Title:

Human Trafficking

Description:

Enables prosecution of human trafficking under Hawaii law by creating new offense of sexual exploitation of a minor, amending existing kidnapping, extortion, and prostitution offenses, and including sexual exploitation of a minor in definition of racketeering.  Eliminates distinction between minors under 18 and minors under 16 for purposes of promoting prostitution.  Makes victims of sexual exploitation of a minor and promoting prostitution in the first degree eligible for crime victim compensation.  Eff. July 1, 2050. (SD1)

THE SENATE	S.B. NO.	2212
TWENTY-FOURTH LEGISLATURE, 2008		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO CRIME.

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

     SECTION 1.  Chapter 707, Hawaii Revised Statutes, is amended by adding to part VI a new section 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 the person knowingly or recklessly:

(a) Causes, entices, persuades, induces, or otherwise aids a minor to engage in activity as an erotic or nude massager or exotic or nude dancer; or

(b) Engages in conduct designed to institute, aid, or facilitate an act or enterprise whereby a minor engages in activity as an erotic or nude massager or exotic or nude dancer; or

(c) Accepts or receives money or other property pursuant to an agreement or understanding whereby the person participates or is to participate in the proceeds resulting from a minor engaging in activity as an erotic or nude massager or exotic or nude dancer; or

(d) Recruits, entices, provides, or obtains a minor knowing that the minor will engage in activity as an erotic or nude massager or exotic or nude dancer.

(2)  In addition to other remedies that may be provided by law, any property used or intended to be used to facilitate the commission of the offense of sexual exploitation of a minor, proceeds derived from that offense, or property acquired or maintained, in whole or in part, with proceeds of that offense may be forfeited to the State subject to the requirements of chapter 712A.

(3)  As used in this section:

"Erotic or nude massager" means a nude person providing massage services with or without a license.

"Exotic or nude dancer" means a person performing, dancing, or entertaining in the nude and includes patrons participating in a contest or receiving instruction in nude dancing.

"Minor" means any person less than eighteen years of age.

"Nude" means unclothed or in attire including, but not limited to, sheer or see-through 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.

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

     SECTION 2.  Section 351-32, Hawaii Revised Statutes, is amended to read as follows:

"§351-32  Violent crimes.  The crimes to which part III of this chapter applies are the following and no other:

     (1)  Murder in the first degree (section 707-701);

     (2)  Murder in the second degree (section 707-701.5);

     (3)  Manslaughter (section 707-702);

     (4)  Negligent homicide in the first degree (section 707‑702.5);

     (5)  Negligent homicide in the second degree (section 707‑703);

     (6)  Negligent injury in the first degree (section 707‑705);

     (7)  Negligent injury in the second degree (section 707‑706);

     (8)  Assault in the first degree (section 707-710);

     (9)  Assault in the second degree (section 707-711);

    (10)  Assault in the third degree (section 707-712);

    (11)  Kidnapping (section 707-720);

    (12)  Sexual assault in the first degree (section 707-730);

    (13)  Sexual assault in the second degree (section 707-731);

    (14)  Sexual assault in the third degree (section 707-732);

    (15)  Sexual assault in the fourth degree (section 707-733);

    (16)  Abuse of family [[]or[]] household member (section 709‑906); [and]

(17) Sexual exploitation of a minor (section 707‑   );

(18) Promoting prostitution in the first degree (section 712‑1202); and

   [(17)] (19)  Terrorism, as defined in Title 18 United States Code section 2331."

     SECTION 3.  Section 707-700, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

     ""Labor" means work of economic or financial value.

"Services" means a relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor.  Prostitution-related and obscenity–related activities as set forth in chapter 712 are forms of "services" under this section.  Nothing in this chapter shall be construed to legitimize or legalize prostitution."

     SECTION 4.  Section 707-720, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of kidnapping if the person intentionally or knowingly restrains another person with intent to:

    (a)   Hold that person for ransom or reward;

    (b)   Use that person as a shield or hostage;

    (c)   Facilitate the commission of a felony or flight thereafter;

    (d)   Inflict bodily injury upon that person or subject that person to a sexual offense;

    (e)   Terrorize that person or a third person; [or]

    (f)   Interfere with the performance of any governmental or political function[.]; or

(g) Unlawfully obtain the labor or services of that person, regardless of whether related to the collection of a debt."

     SECTION 5.  Section 707-721, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of unlawful imprisonment in the first degree if the person knowingly restrains another person[:

(a) Under] under circumstances which expose the person to the risk of serious bodily injury[; or

(b) In a condition of involuntary servitude]."

     SECTION 6.  Section 707-764, Hawaii Revised Statutes, is amended to read as follows:

"§707-764  Extortion.  A person commits extortion if the person does any of the following:

     (1)  Obtains, or exerts control over, the property, labor, or services of another with intent to deprive another of property, labor, or services by threatening by word or conduct to:

         (a)  Cause bodily injury in the future to the person threatened or to any other person;

         (b)  Cause damage to property or cause damage, as defined in section 708-890, to a computer, computer system, or computer network;

         (c)  Subject the person threatened or any other person to physical confinement or restraint;

         (d)  Commit a penal offense;

         (e)  Accuse some person of any offense or cause a penal charge to be instituted against some person;

         (f)  Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt, or ridicule, or to impair the threatened person's credit or business repute;

         (g)  Reveal any information sought to be concealed by the person threatened or any other person;

         (h)  Testify or provide information or withhold testimony or information with respect to another's legal claim or defense;

         (i)  Take or withhold action as a public servant, or cause a public servant to take or withhold such action;

         (j)  Bring about or continue a strike, boycott, or other similar collective action, to obtain property that is not demanded or received for the benefit of the group that the defendant purports to represent; [or]

(k) Destroy, conceal, remove, confiscate, or possess any actual or purported passport, or any other actual or purported government identification document, or other immigration document, of another person; or

       [(k)]  (l)  Do any other act that would not in itself substantially benefit the defendant but [which] that is calculated to harm substantially some person with respect to the threatened person's health, safety, business, calling, career, financial condition, reputation, or personal relationships;

     (2)  Intentionally compels or induces another person to engage in conduct from which another has a legal right to abstain or to abstain from conduct in which another has a legal right to engage by threatening by word or conduct to do any of the actions set forth in paragraph (1)(a) through [(k);] (l); or

     (3)  Makes or finances any extortionate extension of credit, or collects any extension of credit by extortionate means."

     SECTION 7.  Section 707-765, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of extortion in the first degree if the person commits extortion:

    (a)   Of property, labor, or services the value of which exceeds $200 in total during any twelve-month period; or

    (b)   By making or financing any extortionate extension of credit, or by collecting any extension of credit by extortionate means."

     SECTION 8.  Section 707-766, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of extortion in the second degree if the person commits extortion:

    (a)   Of property, labor, or services the value of which exceeds $50 during any twelve-month period; or

    (b)   As set forth in section 707-764(2)."

     SECTION 9.  Section 707-767, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of extortion in the third degree if the person commits extortion of property, labor, or services."

     SECTION 10.  Section 712-1202, Hawaii Revised Statutes, is amended to read as follows:

"§712-1202  Promoting prostitution in the first degree.  (1)  A person commits the offense of promoting prostitution in the first degree if the person knowingly:

    (a)   Advances prostitution by compelling a person by [criminal coercion] force, threat, or intimidation to engage in prostitution, or profits from such coercive conduct by another; or

    (b)   Advances or profits from prostitution of a person less than [sixteen] eighteen years old.

(2)  "Threat" as used in this section means any threat proscribed by section 707-764(1).

     [(2)] (3)  Promoting prostitution in the first degree is a class B felony."

     SECTION 11.  Section 712-1203, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of promoting prostitution in the second degree if the person knowingly[:

(a) Advances] advances or profits from prostitution by managing, supervising, controlling, or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more prostitutes[; or

(b) Advances or profits from prostitution of a person less than eighteen years old]."

     SECTION 12.  Section 842-1, Hawaii Revised Statutes, is amended by amending the definition of "racketeering activity" to read as follows:

     ""Racketeering activity" means any act or threat involving, but not limited to, murder, kidnapping, sexual exploitation of a minor, gambling, criminal property damage, robbery, bribery, extortion, theft [or], prostitution, or any dealing in narcotic or other dangerous drugs [which] that is chargeable as a crime under state law and punishable by imprisonment for more than one year."

     SECTION 13.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 14.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 15.  This Act shall take effect on July 1, 2050.