|
THE SENATE |
S.B. NO. |
2662 |
|
TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO PORNOGRAPHY OFFENSES AGAINST CHILDREN.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 712-1215, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of promoting pornography for minors if:
(a) Knowing its character and content, the person disseminates [to a minor] material which is pornographic
for minors[;] to:
(i) A minor known by the person to be under the age of eighteen years; or
(ii) Another person who represents that person to be under the age of eighteen years; or
(b) Knowing the character and content of a motion picture film or other performance which, in whole or in part, is pornographic for minors, the person:
(i) Exhibits such motion picture film or other performance to a minor; or
(ii) Sells to a minor an admission ticket or pass to premises where there is exhibited or to be exhibited such motion picture film or other performance; or
(iii) Admits a minor to premises where there is exhibited or to be exhibited such motion picture film or other performance."
SECTION 2. Section 806-83, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Criminal charges may be instituted
by written information for a felony when the charge is a class C felony under
section 19-3.5 (voter fraud); section 128D-10 (knowing releases); section
132D-14(a)(1), (2)(A), and (3) (penalties for failure to comply with
requirements of sections 132D-7, 132D‑10, and 132D-16); section 134-24
(place to keep unloaded firearms other than pistols and revolvers); section
134-7(a) and (b) (ownership or possession prohibited); section 134-8 ([prohibited]
ownership[);], etc., of automatic firearms, silencers, etc.,
prohibited; penalties); section 134-9 (licenses to carry); section
134-17(a) (relating to false information or evidence concerning psychiatric or
criminal history); section 134-51 (deadly weapons); section 134-52 (switchblade
knives); section 134-53 (butterfly knives); section 188-23 (possession or use
of explosives, electrofishing devices, and poisonous substances in state waters
prohibited); section 231-34 (attempt to evade or defeat tax); section 231-36
(false and fraudulent statements); section 245-37 (sale or purchase of packages
of cigarettes without stamps); section 245-38 (vending unstamped cigarettes);
section 245-51 ([sale of] export and foreign cigarettes
prohibited); section 245-52 (alteration of packaging prohibited); section
291C-12.5 (accidents involving substantial bodily injury); section 291E‑61.5
(habitually operating a vehicle under the influence of an intoxicant); section
329-41 (prohibited acts B[);]-penalties); section 329‑42
(prohibited acts C[);]-penalties); section 329-43.5 (prohibited
acts related to drug paraphernalia); section 329C-2 (relating to offenses of
manufacture, distribution, or possession with intent to distribute an
imitation controlled substance to a person under eighteen years of age);
section 346-34(d)(2) and (e) (relating to fraud involving food stamps or
coupons [with a value exceeding $300]); section 346-43.5 (medical
assistance [fraud);] frauds, penalties); section 383-141 (falsely
obtaining benefits[);], etc.); section 431:2-403(b)(2) (insurance
fraud); section 482D-7 (violation of fineness standards and stamping
requirements); section 485A-301 ([registration of] securities[);]
registration requirement); section 485A-401 (broker-dealer registration
[of broker-dealers);] requirement and exemptions); section 485A-402 (agent registration [of agents);]
requirement and exemptions); section 485A-403 (investment advisor registration
[of investment advisors);] requirement and exemptions); section
485A-404 (investment advisor representative registration [of
investment advisor representatives);] requirement and exemptions); section
485A-405 ([registration of] federal covered investment [advisors);]
adviser notice filing requirement); section 485A-501 (general fraud);
section 485A-502 (prohibited conduct in providing investment advice); section
707-703 (negligent homicide in the second degree); section 707‑705
(negligent injury in the first degree); section 707-711 (assault in the second
degree); section 707-713 (reckless endangering in the first degree); section
707‑721 (unlawful imprisonment in the first degree); section 707-726
(custodial interference in the first degree); section 707-752 (promoting
child abuse in the third degree); section 707-757 (electronic enticement of
a child in the second degree); section 707-766 (extortion in the second
degree); section 708‑811 (burglary in the second degree); section 708-821
(criminal property damage in the second degree); section 708-831 (theft in the
second degree); section 708-833.5 (shoplifting); section 708-835.5 (theft of
livestock); section 708-836 (unauthorized control of propelled vehicle);
section 708-836.5 (unauthorized entry into motor vehicle[);] in the
first degree); section 708-839.5 (theft of utility services); section
708-839.8 (identity theft in the third degree); section 708-852 (forgery in the
second degree); section 708-854 (criminal possession of a forgery device);
section 708-858 (suppressing a testamentary or recordable instrument); section
708-875 (trademark counterfeiting); section 708-891.5 (computer fraud in the
second degree); section 708-892.5 (computer damage in the second degree);
section 708-895.6 (unauthorized computer access in the second degree); section
708-8100 (fraudulent use of a credit card); section 708-8102 ([theft/forgery]
theft, forgery, etc., of credit cards); section 708-8103 (credit card
fraud by a provider of goods or services); section 708-8104 (possession of
unauthorized credit card machinery or incomplete cards); section 708-8200
(cable television service fraud in the first degree); section 708-8202
(telecommunication service fraud in the first degree); section 709-903.5
(endangering the welfare of a minor in the first degree); section 709-906 (abuse
of family or household members); section 710-1016.3 (obtaining a
government-issued identification document under false pretenses in the first
degree); section 710-1016.6 (impersonating a law enforcement officer in the
first degree); section 710-1017.5 (sale or manufacture of deceptive
identification document); section 710‑1018 (securing the proceeds of an
offense); section 710-1021 (escape in the second degree); section 710-1023
(promoting prison contraband in the second degree); section 710‑1024 (bail
jumping in the first degree); section 710-1029 (hindering prosecution in the
first degree); section 710-1060 (perjury); section 710-1072.5 (obstruction of
justice); section 711-1103 (riot); section 711‑1109.3 (cruelty to [animals/fighting]
animals; fighting dogs); section 711‑1110.9 (violation of privacy
in the first degree); section 711-1112 (interference with the operator of a
public transit vehicle); section 712-1221 (promoting gambling in the first
degree); section 712-1222.5 (promoting gambling aboard ships); section 712-1224
(possession of gambling records in the first degree); section 712-1243
(promoting a dangerous drug in the third degree); section 712-1246 (promoting a
harmful drug in the third degree); section 712-1247 (promoting a detrimental drug
in the first degree); section 712-1249.6 (promoting a controlled substance in,
on, or near schools [or], school vehicles[);], or
public parks); section 803-42 (interception, access, and disclosure of
wire, oral, or electronic communications, use of pen register, trap and trace
device, and mobile tracking device prohibited); or section 846E‑9(b)
(failure to comply with covered offender registration requirements)."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this Act.
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.
Report Title:
Pornography Offenses Against Children
Description:
Amends the offense of promoting pornography to minors to include disseminating pornographic material to another person who represents that person to be a minor; and adds the offense of promoting child abuse in the third degree to the information charging law. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.