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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2347 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO OFFENSES AGAINST PUBLIC HEALTH AND MORALS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The
Legislature finds that the supreme court of Hawaii's
decision in State v. Ibarra, 526 P.3d 575 (Haw. 2023), indicated a need
for the sex trafficking and promoting prostitution criminal offense statutes to
be further clarified.
Accordingly,
the purpose of this Act is to clarify the sex trafficking and promoting
prostitution criminal offense statutes by:
(1) Clarifying the definition of "profits from prostitution";
(2) Inserting the definitions of "advances prostitution" and "profits from prostitution" into the statutes establishing the substantive offenses; and
(3) Repealing section 712-1201, Hawaii Revised Statutes, which is no longer needed
after inserting its definitions and exclusions directly into the underlying
substantive offenses.
SECTION 2.
Section 712-1202, Hawaii Revised Statutes, is amended to read as
follows:
"§712-1202 Sex trafficking. (1)
A person commits the offense of sex trafficking if the person knowingly:
(a) Advances prostitution by compelling or inducing a person by force, threat, fraud, coercion, or intimidation to engage in prostitution, or profits from such conduct by another; or
(b) Advances prostitution or profits from prostitution of a minor.
(2) Sex trafficking is a class A felony.
"Advances prostitution"
means that the person knowingly causes or aids another person to commit or
engage in prostitution, procures or solicits patrons for prostitution, provides
persons for prostitution purposes, permits premises to be regularly used for
prostitution purposes, operates or assists in the operation of a house of
prostitution or a prostitution enterprise, or engages in any other conduct
designed to institute, aid, or facilitate an act or enterprise of prostitution.
"Fraud" means making material false statements,
misstatements, or omissions.
"Minor" means a person who is less than eighteen years
of age.
"Profits from prostitution" means that the person knowingly
accepts or receives money, anything of value, or other property pursuant to an
agreement or understanding with a third party whereby the third party
participates or is to participate in the proceeds of prostitution activity,
regardless of whether the money, thing of value, or other property received is
in excess of expenditures related to the agreement or understanding or is for
reimbursement or repayment of debt.
"Threat" means any of the actions listed in section
707-764(1).
(4) The state of mind
requirement for the offense under subsection (1)(b) is not applicable to the
fact that the victim was a minor. A
person is strictly liable with respect to the attendant circumstances that the
victim was a minor.
(5) No person shall be convicted under this section if the conduct
of the person underlying the offense consists exclusively of:
(a) The
person's own acts of prostitution as a prostituted person as provided in section
712-1200; or
(b) The
person's own acts of commercial sexual exploitation as provided in section
712-1200.5."
SECTION 3. Section 712-1203, Hawaii Revised Statutes, is amended to read as follows:
"§712-1203 Promoting prostitution. (1)
A person commits the offense of promoting prostitution if the person
knowingly advances prostitution or profits from prostitution.
(2) Promoting prostitution is a class B felony.
(3) As used in this section:
"Advances prostitution" means
that the person knowingly causes or aids another person to commit or engage in
prostitution, procures or solicits patrons for prostitution, provides persons
for prostitution purposes, permits premises to be regularly used for prostitution
purposes, operates or assists in the operation of a house of prostitution or a
prostitution enterprise, or engages in any other conduct designed to institute,
aid, or facilitate an act or enterprise of prostitution.
"Profits from prostitution"
means that the person knowingly accepts or receives money, anything of value,
or other property pursuant to an agreement or understanding with a third party
whereby the third party participates or is to participate in the proceeds of
prostitution activity, regardless of whether the money, thing of value, or
other property received is in excess of expenditures related to the agreement
or understanding or is for reimbursement or repayment of debt.
(4)
No person shall be convicted under this section if the conduct of the
person underlying the offense consists exclusively of:
(a) The person's own acts of
prostitution as a prostituted person as provided in section 712-1200; or
(b) The person's own acts of commercial
sexual exploitation as provided in section 712-1200.5."
SECTION 4. Section 712-1201, Hawaii Revised Statutes, is repealed.
["§712-1201 Advancing prostitution; profiting from
prostitution; definition of terms. In
sections 712-1202 and 712-1203:
(1) A
person "advances prostitution" if the person knowingly causes or aids
a person to commit or engage in prostitution, procures or solicits patrons for
prostitution, provides persons for prostitution purposes, permits premises to
be regularly used for prostitution purposes, operates or assists in the
operation of a house of prostitution or a prostitution enterprise, or engages
in any other conduct designed to institute, aid, or facilitate an act or
enterprise of prostitution.
(2) A
person "profits from prostitution" if the person accepts or receives
money, anything of value, or other property pursuant to an agreement or
understanding with any person whereby the person participates or is to
participate in the proceeds of prostitution activity; and
(3) The
definitions in subsections (1) and (2) shall not include those engaged in
conduct outlined in section 712-1200 as the prostituted person or section
712-1200.5 as the person engaged in commercial sexual exploitation."]
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.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Penal Code; Offenses Against Public Health and Morals; Sex Trafficking; Promoting Prostitution
Description:
Clarifies the definition of "profits from prostitution" to include money or property received regardless of expenditures or if it was a reimbursement or repayment of a debt. Amends the sex trafficking and promoting prostitution criminal offense statutes by inserting relevant definitions in those statutes and repealing a statute that is no longer needed.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.