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HB384
HOUSE OF REPRESENTATIVES
H.B. NO.
384
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to sexual offenses against minors
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
�
Section 701-108, Hawaii Revised Statutes, is
amended by amending subsection (6) to read as follows:
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"(6)
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The period of limitation does not run:
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(a)
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During any time when the accused is
continuously absent from the State or has no reasonably ascertainable place of
abode or work within the State, but in no case shall this provision extend the
period of limitation by more than four years from the expiration of the period
of limitation prescribed in subsection (2);
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(b)
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During any time when a prosecution
against the accused for the same conduct is pending in this State; or
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(c)
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For any felony offense under chapter
707, part V or VI,
or under chapter 712, part I or II,
during any time
when the victim is alive and under eighteen years of age."
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SECTION
2
.
�
Section
706-623, Hawaii Revised Statutes, is amended by amending subsection (1) to read
as follows:
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"(1)
�
When the court has sentenced a defendant
to be placed on probation, the period of probation shall be as follows, unless the
court enters the reason therefor on the record and sentences the defendant to a
shorter period of probation:
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(a)
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Ten years upon conviction of a class A felony;
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(b)
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Five years upon conviction of
a class B or class C felony under part II, V, or VI of chapter 707, chapter 709,
and part I
or part II
of chapter 712
,
and four years upon conviction
of any other class B or C felony;
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(c)
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One year upon conviction of a misdemeanor;
except that upon a conviction under section 586-4, 586-11, or 709‑906, the
court may sentence the defendant to a period of probation not exceeding two years;
or
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(d)
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Six months upon conviction of a petty misdemeanor;
provided that up to one year may be imposed upon a finding of good cause; except
upon a conviction under section 709-906, the court may sentence the defendant to
a period of probation not exceeding one year.
The court, on application of a probation
officer, on application of the defendant, or on its own motion, may discharge the
defendant at any time.
�
Prior to the court
granting early discharge
, the defendant's probation officer
shall be required to report to the court concerning the defendant's compliance or
non-compliance with the conditions of the defendant's probation and
the court shall afford the prosecuting attorney an opportunity to be heard.
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The terms of probation provided in this part,
other than in this section, shall not apply to sentences of probation imposed under
section 706-606.3.
"
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SECTION
3
.
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Section
712-1215.5, Hawaii Revised Statutes, is amended to read as follows:
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"
[
[
]
�712-1215.5[
]
]
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Promoting minor-produced sexual images in the
first degree.
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(1)
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A
person, eighteen years of age or older, commits the offense of promoting
minor-produced sexual images in the first degree if the person intentionally or
knowingly commands, requests, or encourages a minor to use a computer, cell
phone, or any other device capable of electronic data transmission or
distribution, to transmit to any person a nude photograph or video of a minor.
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(2)
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For purposes of this section, a "minor" means any person under
eighteen years of age.
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(3)
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Promoting minor-produced sexual images in the first degree is a [
misdemeanor.
]
class C felony; provided that the person is three or more years older than
the minor.
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(4)
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Promoting minor-produced sexual images in the
first degree is a misdemeanor; provided that the person is less than three
years older than the minor.
"
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SECTION
4
.
�
Section 846E-1,
Hawaii Revised Statutes, is amended by amending the definition of "sexual
offense" to read as follows:
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""Sexual offense" means an
offense that is:
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(1)
�
Set forth in section 707-730(1),
707-731(1), 707‑732(1), 707-733(1)(a), 707-733.6, 712-1200.5(4), 712-1202(1),
or 712-1203(1), but excludes conduct that is criminal only because of the age
of the victim, as provided in section 707-730(1)(b), or section 707‑732(1)(b)
if the perpetrator is under the age of eighteen;
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(2)
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An
act defined in section 707-720 if the charging document for the offense for
which there has been a conviction alleged intent to subject the victim to a
sexual offense;
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(3)
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An
act that consists of:
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(A)
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Criminal sexual conduct toward a minor,
including
but
not limited to an offense set forth in section 707-759;
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(B)
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Solicitation
of a minor who is less than fourteen years old to engage in sexual conduct;
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(C)
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Use
of a minor in a sexual performance;
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(D)
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Production,
distribution, or possession of child pornography chargeable as a felony under
section 707-750, 707-751, or 707-752;
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(E)
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Electronic
enticement of a child chargeable under section 707-756 or 707-757 if the
offense was committed with the intent to promote or facilitate the commission
of another covered offense as defined in this section; [
or
]
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(F)
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Commercial
sexual exploitation of a minor in violation of section 712-1209.1;
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(G)
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Promoting pornography for minors in violation of section
712-1215; or
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(H)
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Promoting minor-produced sexual images in the first degree in
violation of section 712‑1215.5(3);
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(4)
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A violation of privacy under section
711-1110.9;
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(5)
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An
act, as described in chapter 705, that is an attempt, criminal solicitation, or
criminal conspiracy to commit one of the offenses designated in paragraphs (1)
through (4);
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(6)
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A
criminal offense that is comparable to or that exceeds a sexual offense as
defined in paragraphs (1) through (5); or
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(7)
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Any
federal, military, out-of-state, tribal, or foreign conviction for any offense
that under the laws of this State would be a sexual offense as defined in
paragraphs (1) through (6).
"
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SECTION
5
.
�
Section
846E-10, Hawaii Revised Statutes, is amended by amending subsection (d) to read
as follows:
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"(d)
�
Tier 1 offenses.
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A covered offender who has maintained a clean
record for the previous ten years, excluding any time the offender was in
custody or civilly committed, and who has substantially complied with the
registration requirements of this chapter for the previous ten years, or for
the portion of that ten years that this chapter has been applicable, and who is
not a repeat covered offender may petition the court, in a civil proceeding,
for termination of registration requirements; provided that the covered
offender's most serious covered offense is one of the following:
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(1)
�
Any offense set forth in section
707-732(1)(d), (e), or (f); 707-733(1)(a); 707-752; 707-759; 711-1110.9; 712‑1203(1);
[
or
] 712-1209.1;
712-1215; or 712‑1215.5(3);
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(2)
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An offense set forth in
section 707-721 or 707-722; provided that the offense involves unlawful
imprisonment of a minor by someone other than a parent;
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(3)
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An offense set forth in
section 707-757 that includes an intent to promote or facilitate the commission
of another covered offense as defined in section 846E-1;
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(4)
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An offense that is an attempt,
criminal solicitation, or criminal conspiracy to commit any of the offenses in
paragraph (1), (2), or (3);
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(5)
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Any criminal offense that is
comparable to one of the offenses in paragraph (1), (2), (3), or (4);
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(6)
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Any federal, military, out-of-state,
tribal, or foreign offense that is comparable to one of the offenses in
paragraph (1), (2), (3), or (4); or
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(7)
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Any other covered offense
that is not specified in subsection (a) or (c) or paragraph (1), (2), (3), (4),
(5), or (6)."
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SECTION
6.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
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SECTION
7.
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If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.
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SECTION
8.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION
9.
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This Act shall take effect upon its
approval; provided that the amendments made to section 706-623, Hawaii Revised
Statutes, by this Act shall not be repealed when section 706-623 is
reenacted on June 30, 2026, pursuant to section 15 of Act 19, Session Laws of
Hawaii 2020.
INTRODUCED BY:
_____________________________
By Request
Report Title:
Honolulu
Prosecuting Attorney Package; Criminal Offenses; Penal Code; Sexual Offenses
Against Minors
Description:
Increases
the penalty for promoting minor-produced sexual images to a felony if the
person is more than 3 years older than the minor.
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Extends the probationary term for felony
obscenity offenses.
�
Tolls the statute of
limitations for obscenity offenses during a victim's minority.
�
Requires sex offender registration for felony
obscenity offenses involving minors.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.