THE SENATE	S.B. NO.	2312
TWENTY-EIGHTH LEGISLATURE, 2016		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE PENAL CODE.

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

     SECTION 1.  Section 707-750, Hawaii Revised Statutes, is amended by amending the definition of "sexual conduct" in subsection (2) to read as follows:

     ""Sexual conduct" means [acts of] actual or simulated sexual intercourse, including genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, masturbation, [homosexuality, lesbianism,] bestiality, sexual penetration, deviate sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area of a minor."

     SECTION 2.  Section 707-751, Hawaii Revised Statutes, is amended by amending the definition of "sexual conduct" in subsection (2) to read as follows:

     ""Sexual conduct" means [acts of] actual or simulated sexual intercourse, including genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, masturbation, [homosexuality, lesbianism,] bestiality, sexual penetration, deviate sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area of a minor."

     SECTION 3.  Section 707-752, Hawaii Revised Statutes, is amended by amending the definition of "sexual conduct" in subsection (2) to read as follows:

     ""Sexual conduct" means [acts of] actual or simulated sexual intercourse, including genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, masturbation, [homosexuality, lesbianism,] bestiality, sexual penetration, deviate sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area of a minor."

     SECTION 4.  Section 712-1210, Hawaii Revised Statutes, is amended by amending the definition of "sexual conduct" to read as follows:

     ""Sexual conduct" means acts of masturbation, [homosexuality, lesbianism,] bestiality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast or breasts of a female for the purpose of sexual stimulation, gratification, or perversion."

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  Statutory material to be repealed is bracketed and stricken.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

     SECTION 6.  This Act shall take effect on January 7, 2059.

Report Title:

Sexual Conduct; Promotion of Child Abuse; Obscenity

Description:

Redefines "sexual conduct" as that term is used in the offenses of promoting child abuse in the first, second, and third degrees.  Amends the definition of "sexual conduct" that applies to obscenity offenses to repeal references to homosexuality and lesbianism.  Effective 1/7/2059.  (SD1)

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