THE SENATE

S.B. NO.

2085

THIRTY-FIRST LEGISLATURE, 2022

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to SEXUAL ASSAULT OF A MINOR.

 

 

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

 

     SECTION 1.  Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

     "§707-     Continuous sexual assault of a minor under the age of sixteen years in the second degree.  (1)  A person commits the offense of continuous sexual assault of a minor under the age of sixteen years in the second degree if the person:

     (a)  Either resides in the same home with a minor under the age of sixteen years or has recurring access to the minor; and

     (b)  While the minor is under the age of sixteen years, engages in two or more acts of sexual penetration or sexual contact with the minor over a period of time; provided that if the minor is at least fourteen years old but less than sixteen years old, the person is:

          (i)  Five or more years older than the minor; and

         (ii)  Not legally married to the minor.

     (2)  To convict under this section, the trier of fact, if a jury, need unanimously agree only that the requisite number of acts have occurred; the jury need not agree on which acts constitute the requisite number.

     (3)  No other felony sex offense involving the same victim may be charged in the same proceeding with a charge under this section, unless the other charged offense occurred outside the period of the offense charged under this section, or the other offense is charged in the alternative.  A defendant may be charged with only one count under this section, unless:

     (a)  More than one victim is involved, in which case a separate count may be charged for each victim; or

     (b)  The charges involve separate and distinct time periods having distinguishable circumstances.

     (4)  Continuous sexual assault of a minor under the age of sixteen years in the second degree is a class B felony."

     SECTION 2.  Section 707-733.6, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§707-733.6[]]  Continuous sexual assault of a minor under the age of [fourteen] sixteen years[.] in the first degree.  (1)  A person commits the offense of continuous sexual assault of a minor under the age of [fourteen] sixteen years in the first degree if the person:

     (a)  Either resides in the same home with a minor under the age of [fourteen] sixteen years or has recurring access to the minor; and

     (b)  [Engages] While the minor is under the age of sixteen years, engages in three or more acts of sexual penetration or sexual contact with the minor over a period of time[, while the minor is under the age of fourteen years.]; provided that if the minor is at least fourteen years old but less than sixteen years old, the person is:

          (i)  Five or more years older than the minor; and

         (ii)  Not legally married to the minor.

     (2)  To convict under this section, the trier of fact, if a jury, need unanimously agree only that the requisite number of acts have occurred; the jury need not agree on which acts constitute the requisite number.

     (3)  No other felony sex offense involving the same victim may be charged in the same proceeding with a charge under this section, unless the other charged offense occurred outside the period of the offense charged under this section, or the other offense is charged in the alternative.  A defendant may be charged with only one count under this section, unless [more]:

     (a)  More than one victim is involved, in which case a separate count may be charged for each victim[.]; or

     (b)  The charges involve separate and distinct time periods having distinguishable circumstances.

     (4)  Continuous sexual assault of a minor under the age of [fourteen] sixteen years in the first degree is a class A felony."

     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, and does not affect any proceedings begun or applications received by the paroling authority before its effective date.

     SECTION 4.  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.

     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 and upon ratification of a constitutional amendment allowing the legislature, in cases involving crimes against minors, to define what behavior constitutes a continuing course of conduct, and what constitutes the jury unanimity that is required for a conviction.

 

INTRODUCED BY:

_____________________________

 

By Request

 

 

Report Title:

Honolulu Prosecuting Attorney's Office Package; Criminal Offenses; Sexual Assault; Minors

 

Description:

Establishes the class B felony offense of continuous sexual assault of a minor under the age of 16 years in the second degree.  Amends the offense of continuous sexual assault of a minor under the age of 14 years to apply to minors under the age of 16 years, and to specify that the offense is in the first degree.  Effective upon ratification of constitutional amendment.

 

 

 

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