Bill Text: HI HB1927 | 2024 | Regular Session | Amended
Bill Title: Relating To Indecent Exposure.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2024-04-16 - Received notice of appointment of House conferees (Hse. Com. No. 738). [HB1927 Detail]
Download: Hawaii-2024-HB1927-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1927 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO INDECENT EXPOSURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that indecent exposure, which is the intentional exposure of a person's genitals to another under circumstances in which the person's conduct is likely to cause affront, is a form of sexual violence. Sexual violence, when perpetrated upon minors, has been correlated with higher levels of depression, guilt, shame, self-blame, eating disorders, somatic concerns, anxiety, dissociative patterns, repression, denial, sexual problems, and relationship problems.
The legislature further finds that the existing criminal statute penalizing indecent exposure fails to account for the additional harm and trauma that occurs when a person intentionally exposes the person's genitals to a minor.
The purpose of this Act is to raise the criminal penalty for the offense of indecent exposure from a petty misdemeanor to a misdemeanor if the person to whom the genitals were exposed is less than sixteen years of age at the time of the offense.
SECTION 2. Section 707-734, Hawaii Revised Statutes, is amended to read as follows:
"§707-734
Indecent exposure. (1) A person commits the offense of indecent
exposure if[,] the person intentionally exposes the person's genitals to
[a] another person to whom the [person] actor is
not married under circumstances in which the actor's conduct is likely to cause
affront.
(2) [Indecent] Except as provided in
subsection (3), indecent exposure is a petty misdemeanor.
(3) Indecent exposure is a misdemeanor if the person to whom the genitals were exposed is less than sixteen years of age at the time of the offense. The state of mind requirement for the offense is not applicable to the fact that the person exposed was less than sixteen years of age. A person is strictly liable with respect to the attendant circumstance that the person exposed was less than sixteen years of age."
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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Hawaii Penal Code; Criminal Offense; Indecent Exposure; Less Than Sixteen Years of Age; Strict Liability
Description:
Raises the criminal penalty for the offense of indecent exposure from a petty misdemeanor to a misdemeanor if the person to whom the genitals were exposed is less than sixteen years of age at the time of the offense. Provides that the state of mind requirement is not applicable to the fact that the person exposed is less than sixteen years of age and that the actor is strictly liable with respect to the attendant circumstance that the person exposed was less than sixteen years of age. (SD1)
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