reglab/housing_qa huggingface dataset:
HI Rev Stat § 707-726 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-726 Custodial interference in the first degree.

  §707-726 Custodial interference in the first degree. (1) A person commits the offense of custodial interference in the first degree if:  (a) The person:  (i) Intentionally or knowingly violates a court order issued pursuant to chapter 586, or intentionally or knowingly takes, entices, conceals, or detains the minor from any other person who has a right to custody pursuant to a court order, judgment, or decree; and  (ii) Removes the minor from the State;  (b) The person intentionally or knowingly takes, entices, conceals, or detains a minor less than eleven years old from that minor's lawful custodian, knowing that the person had no right to do so; or  (c) The person, in the absence of a court order determining custody or visitation rights, intentionally or knowingly takes, detains, conceals, or entices away a minor with the intent to deprive another person or a public agency of their right to custody, and removes the minor from the State.  (2) It is an affirmative defense to a prosecution under this section that the person had "good cause" for the violation of a court order issued pursuant to chapter 586, for the taking, detaining, concealing, or enticing away of the minor, or for removing the minor from the State; provided that the person asserting the affirmative defense filed a report with the clerk of the family court detailing the whereabouts of the minor, the person who took, enticed, detained, concealed, or removed the minor or child, and the circumstances of the event as soon as the filing of the report was practicable; and provided further that the person asserting the affirmative defense also filed a request for a custody order as soon as the filing of the request was practicable.  As used in this section, "good cause" means a good faith and reasonable belief that the taking, detaining, concealing, enticing away, or removing of the minor is necessary to protect the minor from immediate bodily injury.  (3) The identity and address of the person reporting under subsection (2) shall remain confidential unless the information is released pursuant to a court order.  (4) Custodial interference in the first degree is a class C felony. [L 1981, c 171, pt of §1; am L 1982, c 48, §2; am L 1984, c 138, §1; am L 1986, c 314, §55; am L 1994, c 245, §1; am L 1996, c 146, §1]
HI Rev Stat § 707-733 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-733 Sexual assault in the fourth degree.

  §707-733 Sexual assault in the fourth degree. (1) A person commits the offense of sexual assault in the fourth degree if:  (a) The person knowingly subjects another person, not married to the actor, to sexual contact by compulsion or causes another person, not married to the actor, to have sexual contact with the actor by compulsion;  (b) The person knowingly exposes the person's genitals to another person under circumstances in which the actor's conduct is likely to alarm the other person or put the other person in fear of bodily injury;  (c) The person knowingly trespasses on property for the purpose of subjecting another person to surreptitious surveillance for the sexual gratification of the actor; or  (d) The person knowingly engages in or causes sexual contact with a minor who is at least sixteen years old and the person is contemporaneously acting in a professional capacity to instruct, advise, or supervise the minor; provided that:  (i) The person is not less than five years older than the minor; and  (ii) The person is not legally married to the minor.  (2) Sexual assault in the fourth degree is a misdemeanor.  (3) Whenever a court sentences a defendant for an offense under this section, the court may order the defendant to submit to a pre-sentence mental and medical examination pursuant to section 706-603. [L 1986, c 314, pt of §57; am L 1991, c 214, §1; am L 2016, c 153, §2 and c 231, §34] Case Notes  Defendant's right to a fair trial was violated where counselor of victim-witness was allowed to place hands upon victim's shoulders while victim was testifying. 70 H. 472, 777 P.2d 240 (1989).  Sexual assault in the fourth degree and attempted sexual assault in the fourth degree are included offenses of attempted sexual assault in the second degree, within the meaning of §701-109(4)(c). 79 H. 46, 897 P.2d 973 (1995).  Evidence sufficient to establish absence of consent and thus sufficient to establish element of "compulsion". 81 H. 39, 912 P.2d 71 (1996).  Sexual assault in the fourth degree under subsection (1)(a) not an included offense of sexual assault in the third degree under §707-732(1)(b) as defined by §701-109(4). 83 H. 308, 926 P.2d 599 (1996).  Based on §701-109(4)(a), fourth degree sexual assault under subsection (1)(a) is a lesser included offense of third degree sexual assault under §707-732(1)(e). 85 H. 92 (App.), 937 P.2d 933 (1997).
HI Rev Stat § 707-733.5 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-733.5 REPEALED.

  §707-733.5 REPEALED. L 2006, c 60, §6.
HI Rev Stat § 707-733.6 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-733.6 Continuous sexual assault of a minor under the age of fourteen years.

  §707-733.6 Continuous sexual assault of a minor under the age of fourteen years. (1) A person commits the offense of continuous sexual assault of a minor under the age of fourteen years if the person:  (a) Either resides in the same home with a minor under the age of fourteen years or has recurring access to the minor; and  (b) 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.  (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 than one victim is involved, in which case a separate count may be charged for each victim.  (4) Continuous sexual assault of a minor under the age of fourteen years is a class A felony. [L 2006, c 60, §1]
HI Rev Stat § 707-739 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-739 REPEALED.

  §707-739 REPEALED. L 1975, c 163, §5.
HI Rev Stat § 707-740 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-740 REPEALED.

  §707-740 REPEALED. L 1981, c 213, §8.
HI Rev Stat § 707-741 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-741 Incest.

  §707-741 Incest. (1) A person commits the offense of incest if the person commits an act of sexual penetration with another who is within the degrees of consanguinity or affinity within which marriage is prohibited.  (2) Incest is a class C felony. [L 1972, c 9, pt of §1; am L 1987, c 176, §1; gen ch 1992] Cross References  Degrees of consanguinity or affinity within which marriage is prohibited, see §572-1(1). COMMENTARY ON §707-741  The Proposed Draft had recommended the deletion of incest as a crime. The legislature, however, decided to retain the offense and found "that sexual intercourse with another who is within the degrees of consanguinity or affinity within which marriage is prohibited by HRS §572-1 should be prohibited for the reason such marriages are prohibited." Conference Committee Report No. 2 (1972). ADDITIONAL COMMENT  The Proposed Draft had suggested a provision ( §741 of the Proposed Draft) that no person shall be convicted of a felony upon the uncorroborated testimony of the alleged victim. The legislature rejected this concept, however, since it felt that there is little probability of corroborating evidence in the cases listed in part V. The legislature felt that the corroborating evidence requirement would prevent effective enforcement of the acts prohibited under this part. Conference Committee Report No. 2 (1972). Case Notes  Incest is a general intent crime. 66 H. 281, 660 P.2d 522 (1983).
HI Rev Stat § 707-742 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-742 REPEALED.

  §707-742 REPEALED. L 1980, c 164, §13. Cross References  For similar provisions, see §626-1, rule 412.
HI Rev Stat § 707-743 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-743 REPEALED.

  §707-743 REPEALED. L 1997, c 316, §4. Cross References  For present provisions, see chapter 846E.
HI Rev Stat § 707-753 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-753 Affirmative defense to promoting child abuse.

  §707-753 Affirmative defense to promoting child abuse. It shall be an affirmative defense to a charge of promoting child abuse in the third degree that the defendant:  (a) Possessed less than three images of child pornography; and  (b) Promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy thereof:  (i) Took reasonable steps to destroy each such image; or  (ii) Reported the matter to a law enforcement agency and afforded that agency access to each such image. [L 2002, c 200, pt of §1] COMMENTARY ON § §707-752 AND 707-753  Act 200, Session Laws 2002, added these sections to add the offense of third degree promoting child abuse that prohibits the knowing possession of child pornography and to provide an affirmative defense to [promoting] child abuse that includes cooperation with law enforcement or destruction of the child pornography. House Standing Committee Report No. 417-02.
HI Rev Stat § 707-757 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-757 Electronic enticement of a child in the second degree.

 §707-757 Electronic enticement of a child in the second degree. (1) Any person who, using a computer or any other electronic device:  (a) Intentionally or knowingly communicates:  (i) With a minor known by the person to be under the age of eighteen years;  (ii) With another person, in reckless disregard of the risk that the other person is under the age of eighteen years, and the other person is under the age of eighteen years; or  (iii) With another person who represents that person to be under the age of eighteen years;  (b) With the intent to promote or facilitate the commission of a felony, agrees to meet with the minor, or with another person who represents that person to be a minor under the age of eighteen years; and  (c) Intentionally or knowingly travels to the agreed upon meeting place at the agreed upon meeting time; is guilty of electronic enticement of a child in the second degree.  (2) Electronic enticement of a child in the second degree is a class C felony. Notwithstanding any law to the contrary, if a person sentenced under this section is sentenced to probation rather than an indeterminate term of imprisonment, the terms and conditions of probation shall include, but not be limited to, a term of imprisonment of one year. [L 2002, c 200, pt of §1; am L 2006, c 80, §3] Revision Note  In subsection (1)(a)(iii), "and" deleted pursuant to §23G-15. Case Notes  Discussed: 134 H. 515, 345 P.3d 181 (2015). COMMENTARY ON § §707-756 AND 707-757  Act 200, Session Laws 2002, added these sections to create criminal offenses relating to electronic enticement of a child. The legislature found that Act 200 addressed the problem of utilizing computer technology in committing crimes against children. Conference Committee Report No. 36-02.  Act 80, Session Laws 2006, amended § §707-756 and 707-757 to mandate at least one year of incarceration for defendants convicted of electronic enticement of a child. Act 80 provided a means to ensure the safety of Hawaii's children, enhance enforcement efforts, and impose significant penalties against those who prey on the most vulnerable members of the community. Conference Committee Report No. 10-06.  Act 80, Session Laws 2008, amended §707-756 to clarify the element of electronic enticement of a child in the first degree pertaining to the intent to promote or facilitate the commission of another crime. Conference Committee Report No. 82-08.
HI Rev Stat § 707-758 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-758 REPEALED.

  §707-758 REPEALED. L 2002, c 240, §11.
HI Rev Stat § 707-759 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-759 Indecent electronic display to a child.

 §707-759 Indecent electronic display to a child. (1) Any person who intentionally masturbates or intentionally exposes the genitals in a lewd or lascivious manner live over a computer online service, internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or other electronic device by:  (a) A minor known by the person to be under the age of eighteen years;  (b) Another person, in reckless disregard of the risk that the other person is under the age of eighteen years, and the other person is under the age of eighteen years; or  (c) Another person who represents that person to be under the age of eighteen years, is guilty of indecent electronic display to a child.  (2) Indecent electronic display to a child is a misdemeanor. [L 2008, c 80, §1] COMMENTARY ON §707-759  Act 80, Session Laws 2008, added this section, establishing a new offense to address a specific form of grooming conduct by child predators involving masturbation or the lewd or lascivious exposure of the predator's genitals over the computer for view by a minor. The legislature found that with the widespread use and acceptance of the Internet and computers as tools for social networking and the anonymity they appeared to provide, children and teens are at a greater risk for victimization by persons who seek out minors for sexual purposes. Online predators abuse modern day technology to covertly invade what is considered to be the most secure of places, the home. Conference Committee Report No. 82-08, Senate Standing Committee Report No. 3407.
HI Rev Stat § 707-760 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-760 Definitions.

  §707-760 Definitions. For the purposes of this part:  "An extortionate means" is any means which involves the use, or an express or implicit threat of the use, of violence or other criminal means to cause harm to the person, reputation, or property of any person.  "Creditor", with reference to any given extension of credit, refers to any person making that extension of credit, or to any person claiming by, under, or through any person making that extension of credit.  "Debtor", with reference to any given extension of credit, refers to any person to whom that extension of credit is made, or to any person who guarantees the repayment of that extension of credit, or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person to whom that extension of credit is made to repay the same.  "Repayment of any extension of credit" includes the repayment, satisfaction, or discharge in whole or in part of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.  "To collect an extension of credit" means to induce in any way any person to make repayment thereof.  "To extend credit" means to make or renew any loan or to enter into any agreement, tacit or express, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or will be deferred. [L 1979, c 106, pt of §1; am L 1980, c 232, §38] Revision Note  Numeric designations deleted pursuant to §23G-15.
HI Rev Stat § 707-761 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-761 Extortionate extension of credit; prima facie evidence.

  §707-761 Extortionate extension of credit; prima facie evidence. (1) An extortionate extension of credit is any extension of credit with respect to which it is the understanding of the creditor and the debtor at the time it is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person.  (2) In any prosecution under this part, if it is shown that all of the following factors were present in connection with the extension of credit in question, there is prima facie evidence that the extension of credit was extortionate, but this section is nonexclusive and in no way limits the effect or applicability of subsection (1):  (a) The repayment of the extension of credit, or the performance of any promise given in consideration thereof, would be unenforceable, through civil judicial processes against the debtor:  (i) In the jurisdiction within which the debtor, if a natural person, resided; or  (ii) In every jurisdiction within which the debtor, if other than a natural person, was incorporated or qualified to do business at the time the extension of credit was made;  (b) The extension of credit was made at a rate of interest in excess of a yearly rate of forty-five per cent calculated according to the actuarial method of allocating payments made on a debt between principal and interest, pursuant to which payment is applied first to the accumulated interest and the balance applied to the unpaid principal;  (c) At the time the extension of credit was made, the debtor reasonably believed that either:  (i) One or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means, or the nonrepayment thereof had been punished by extortionate means; or  (ii) The creditor had a reputation for the use of extortionate means to collect extensions of credit or to punish the nonrepayment thereof;  (d) Upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstanding, including any unpaid interest or similar charges, exceeded $100.  (3) In any prosecution under this part, if evidence has been introduced tending to show the existence of any of the circumstances described in subparagraph (2)(a) or (2)(b) of this section, and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing the understanding of the debtor and the creditor at the time the extension of credit was made, the court may in its discretion allow evidence to be introduced tending to show the reputation as to collection practices of the creditor in any community of which the debtor was a member at the time of the extension. [L 1979, c 106, pt of §1; am L 1980, c 232, §38]
HI Rev Stat § 707-762 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-762 Financing extortionate extensions of credit.

  §707-762 Financing extortionate extensions of credit. "Financing extortionate extensions of credit" includes wilfully advancing money or property, whether as a gift, as a loan, as an investment, pursuant to a partnership or profit-sharing agreement, or otherwise to any person, with reasonable grounds to believe that it is the intention of that person to use the money or property so advanced directly or indirectly for the purpose of making extortionate extensions of credit. [L 1979, c 106, pt of §1]
HI Rev Stat § 707-763 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-763 Collection of extensions of credit by extortionate means.

  §707-763 Collection of extensions of credit by extortionate means. (1) "Collection of extensions of credit by extortionate means" includes knowingly participating in any way, or conspiring to do so, in the use of any extortionate means:  (a) To collect or attempt to collect any extension of credit; or  (b) To punish any person for the nonrepayment thereof.  (2) In any prosecution under this part, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means or that the nonrepayment thereof was punished by extortionate means.  (3) In any prosecution under this part, if evidence has been introduced tending to show the existence, at the time the extension of credit in question was made, of the circumstances described in subsection (2)(a) or subsection (2)(b) of section 707-761 and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing that words or other means of communication, shown to have been employed as a means of collection, in fact carried an express or implicit threat, the court may in its discretion allow evidence to be introduced tending to show the reputation of the defendant in any community of which the person against whom the alleged threat was made was a member at the time of collection or attempt at collection. [L 1979, c 106, pt of §1; am L 1980, c 232, §39] COMMENTARY ON § §707-760 TO 707-763  Act 106, Session Laws 1979, established these sections to extend Hawaii's extortion laws to prohibit extortionate credit transactions.
HI Rev Stat § 707-765 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-765 Extortion in the first degree.

  §707-765 Extortion in the first degree. (1) A person commits the offense of extortion in the first degree if the person commits extortion:  (a) Of property, labor, or services the value of which exceeds $200 in total during any twelve-month period; or  (b) By making or financing any extortionate extension of credit, or by collecting any extension of credit by extortionate means.  (2) Extortion in the first degree is a class B felony. [L 1979, c 106, pt of §1; gen ch 1993; am L 2008, c 147, §5] Case Notes  Evidence sufficient to convict defendant under this section; evidence showed that victim borrowed $1,100 from brother and gave it to defendant; when victim borrowed the money, it became victim's money. 103 H. 68 (App.), 79 P.3d 686 (2003).
HI Rev Stat § 707-766 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-766 Extortion in the second degree.

  §707-766 Extortion in the second degree. (1) A person commits the offense of extortion in the second degree if the person commits extortion:  (a) Of property, labor, or services the value of which exceeds $50 during any twelve-month period; or  (b) As set forth in section 707-764(2).  (2) Extortion in the second degree is a class C felony. [L 1979, c 106, pt of §1; am L 1993, c 28, §1; am L 2008, c 147, §6] Case Notes  Terroristic threatening in the second degree is not a lesser included offense of attempted extortion in the second degree. 70 H. 456, 776 P.2d 392 (1989).
HI Rev Stat § 707-767 (2021)
2021 Hawaii Revised Statutes|Title 37. Hawaii Penal Code|707. Offenses Against the Person|707-767 Extortion in the third degree.

  §707-767 Extortion in the third degree. (1) A person commits the offense of extortion in the third degree if the person commits extortion of property, labor, or services.  (2) Extortion in the third degree is a misdemeanor. [L 1979, c 106, pt of §1; gen ch 1993; am L 2008, c 147, §7]