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THE SENATE |
S.B. NO. |
2464 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to crime.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§712- Exploitative advertising. (1)
A person commits the offense of exploitative advertising if the person:
(a) Uses in any
print, broadcast, or electronic advertisements, or advertisement directories
that include the word "massage", "relaxation",
"spa", "body rubs", "sex", or "erotic",
images depicting any person being advertised as a massage therapist, relaxation
therapist, escort, or employee in a nude condition; or
(b) Refers to the
intimate areas of a person being advertised as a massage therapist, relaxation
therapist, escort, or other employee in any print, broadcast, or electronic
advertisement or advertisement directories that include the word
"massage", "relaxation", "spa",
"escort", "body rubs", "sex", or
"erotic".
(2) This section shall not apply to any owners,
publishers, providers, producers, operators, managers, or moderators of a
print, broadcast, or electronic advertisement directory, or classified
advertisement website, who are acting in accordance with the scope of their
professional responsibilities.
(3) Exploitative advertising is a misdemeanor. In addition to any penalties the court may impose, the court may order the destruction or deletion of any advertisement made in violation of this section."
SECTION 2. Section 712-1210, Hawaii Revised Statutes, is amended by adding seven new definitions to be appropriately inserted and to read as follows:
""Advertise"
includes but is not limited to:
(a) Issuing
any card, sign, or device to any person;
(b) Causing,
permitting, or allowing any sign or marking on or in any building, vehicle, or
structure;
(c) Advertising
in any newspaper or magazine;
(d) Broadcasting
commercials by airwave transmission; or
(e) Distributing
commercial messages through any electronic communication system, including but
not limited to the Internet.
"Escort"
means any person who provides company to other persons for amusement,
companionship, or entertainment at any public or private location in exchange
for a fee; provided that the term shall not include companionship services for
the aged or infirm under section 387-1.
"Intimate
areas" has the same meaning as in section 711‑1111.
"Massage
therapist" has the same meaning as in section 452‑1.
"Massage
therapy" has the same meaning as in section 452-1.
"Relaxation
therapist" means a person who engages in the occupation or practice of
relaxation therapy for compensation.
"Relaxation
therapy" means any non-medical method of practicing healing arts other
than massage therapy that is intended to help a person relax, attain a state of
increased calmness, or otherwise reduce pain, anxiety, stress, anger, or
depression, including but not limited to reflexology and spa treatment
services."
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. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Exploitive Advertisement; Massage Therapy; Relaxation Therapy; Misdemeanor
Description:
Establishes the offense of exploitative advertising as a misdemeanor.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.