Bill Text: HI HB2272 | 2020 | Regular Session | Introduced
Bill Title: Relating To Sexual Offenses.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Engrossed - Dead) 2020-03-16 - The hearing on this measure has been cancelled until further notice. [HB2272 Detail]
Download: Hawaii-2020-HB2272-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2272 |
|
THIRTIETH LEGISLATURE, 2020 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to sexual offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The
legislature finds that when children are solicited for sex, it may not be done
with monetary consideration, but rather something of value, such as a reward,
token, or other incentive. This is
unfortunately the case in a survival sex scenario where a child is offered
basic necessities in exchange for sex.
Survival sex is defined as trading sex acts (including prostitution,
stripping, pornography, etc.) in order to get a basic need, such as a meal for
the day, a place to sleep at night, clothes, transportation, etc. No money is exchanged. This is commonly seen in poor, homeless, or
runaway youth who have no other means of getting their basic needs met.
The legislature notes that the solicitation
of a minor for prostitution statute, is analogous to the electronic enticement
of a child in the first degree statute, a class B felony, which does not
require a fee or consideration in exchange for the same sexual conduct. Both offenses address the same population
with the same mental state and overt action of an adult intending to engage in
sexual conduct with a minor. Therefore,
this Act will align the two offenses as class B felonies.
The legislature further finds that the solicitation of a minor for prostitution statute needs clarification to ensure that the state of mind requirement does not apply to an undercover operation. As currently written, the statute has an unintended element of requiring proof that the offender knew the communication was with an undercover operative.
The purpose of this Act is to amend the offense of solicitation of a minor for prostitution by:
(1) Specifying that the act of offering or agreeing to any type of consideration in exchange for sexual conduct with a minor, rather than payment of a fee, constitutes solicitation of a minor;
(2) Changing the offense to a class B felony; and
(3) Clarifying that the offender's state of mind does not apply to a situation involving an undercover law enforcement officer.
SECTION 2. Section 712-1209.1, Hawaii Revised Statutes, is amended as follows:
1. By amending subsections (1) and (2) to read as follows:
"(1) A person eighteen years of age or older
commits the offense of solicitation of a minor for prostitution if the person
intentionally, knowingly, or recklessly offers or agrees to [pay a fee] provide
any type of consideration to a minor or to a member of a police department,
a sheriff, or a law enforcement officer who represents that person's self as a
minor to engage in sexual conduct.
(2) Solicitation of a minor for prostitution is a
class [C] B felony."
2. By amending subsection (5) to read as follows:
"(5) The state of mind requirement for this
offense is not applicable to the fact that the person solicited was a minor[.]
or a member of a police department, a sheriff, or law enforcement officer
who represented that person's self as a minor. A person is strictly liable with respect to
the attendant circumstance that the person solicited was a minor."
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.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Solicitation of a Minor for Prostitution; Consideration; State of Mind
Description:
Amends the offense of solicitation of a minor for prostitution by specifying that the act of offering or agreeing to any type of consideration, rather than payment of a fee, constitutes solicitation of a minor. Makes solicitation of a minor a class B felony. Clarifies that the offender's state of mind is not required when the person solicited is a law enforcement officer who holds themselves out as a minor.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
