RELATING TO TORTURE.

HB388

HOUSE OF REPRESENTATIVES

H.B. NO.

388

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO TORTURE
.

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

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SECTION 1.
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The
legislature finds that many forms of cruel and degrading sadism are
inadequately addressed by the current criminal law.
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Some acts occur during aggravated kidnappings
or following repeated assaults.
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Other
acts, such as starvation or electrocution, may inflict immense suffering
without technically causing bodily injury.
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The common denominator for torture is the
pervasive physical and psychological control exercised over the victim by the
abuser.

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Accordingly, the purpose of this Act is to
prohibit torture in the State.

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SECTION 2.
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Chapter 707, Hawaii Revised Statutes, is amended by adding a new section
to be appropriately designated and to read as follows:

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�707-
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Torture.
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(1)
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Any person who:

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(a)
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Knowingly
causes serious bodily injury to another person within the actor's custody or
physical control;

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(b)
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Recklessly
causes serious bodily injury or substantial bodily injury to another person,
and the actor has previously engaged in a pattern or practice of physically
abusing the other person; or

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(c)
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Knowingly
subjects a minor or vulnerable person to any of the following acts, or to any
substantially similar act, on three or more occasions within a period of two
years:

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(i)
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Strangling the minor or vulnerable
person;

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(ii)
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Biting, branding, burning, cutting,
or electrocuting the minor or vulnerable person;

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(iii)
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Suspending the minor or vulnerable person by the wrists, ankles,
arms, legs, hair, or other part of the body;

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(iv)
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Depriving the minor or vulnerable person of necessary food,
water, or clothing;

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(v)
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Restricting basic and necessary bodily functions required for
the personal hygiene of the minor or vulnerable person;

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(vi)
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Forcing the minor or vulnerable person to remain in an area
unsuitable for human habitation, such as areas where urine or feces are
actively present;

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(vii)
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Forcing the minor or vulnerable person to ingest mind-altering
drugs, non-potable water, urine, excrement, or poison; or

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(viii)
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Exposing the minor or vulnerable person to extreme temperatures
without adequate clothing;

is
guilty of the offense of torture.

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(2)
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Proof that the victim suffered pain is not an element of a violation of
subsection (1)(c) of this offense.

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(3)
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For purposes of this section, the following definitions apply:

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"Custody or physical control"
means the forcible restriction of a person's movements or the forcible
confinement of the person so as to interfere with that person's liberty,
without that person's consent or without lawful authority.

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"Minor" means a person under
the age of eighteen years.

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"Pattern or practice" means
two or more acts within a period of two years.

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"Vulnerable person" means a
family or household member as defined in section 709-906, an incompetent person
as defined in section 709-905, or a handicapped person as defined in section 706-662(5).

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(4)
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Torture is a class A felony.
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SECTION 3.
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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 4.
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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 5.
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New statutory material is underscored.

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SECTION 6.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

By Request

Report Title:

Honolulu
Prosecuting Attorney Package; Criminal Offenses; Penal Code; Torture;
Prohibition

Description:

Defines
and prohibits the offense of torture.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.