reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1076 Tampering with physical evidence. §710-1076 Commentary:

§710-1076 Tampering with physical evidence.
(1) A person commits the offense of tampering with physical evidence if, believing that an official proceeding is pending or about to be instituted, the person:
(a) Destroys, mutilates, conceals, removes, or alters physical evidence with intent to impair its verity in the pending or prospective official proceeding;
(b) Makes, presents, or offers any false physical evidence with intent that it be introduced in the pending or prospective official proceeding.
(2) "Physical evidence," as used in this section includes any article, object, document, record, or other thing of physical substance.
(3) Tampering with physical evidence is a misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]
COMMENTARY ON §710-1076
Official proceedings rely on the integrity of physical evidence, in addition to the integrity of witnesses and jurors, to achieve equitable results. To allow the impairment or falsification of physical evidence would undermine greatly the fairness and impartiality of the judicial process.
This section makes it an offense both to conceal true evidence and to offer false evidence, since to do either would obviously misrepresent the truth which it is the object of the proceeding to determine. In both cases, the actor must have an intent that the concealment or falsification should have an effect in the proceeding. "Physical evidence" is defined principally to distinguish it from that evidence which is offered as testimony by witnesses.
Previous Hawaii law dealt with the offense of tampering with physical evidence under the general heading of supressing evidence.[1] The prior law provided that any person who "destroys, conceals, or suppresses any deposition or other legal evidence in any suit or proceeding..."[2] would be subject to a misdemeanor penalty. It had been held that the offense of suppressing evidence is not limited to judicial proceedings.3 The Code extends the law by specifically covering presentation or fabrication of false physical evidence and any form of tampering when it is believed an official proceeding is about to be instituted.
SUPPLEMENTAL COMMENTARY ON §710-1076
The Code as adopted differs from the Proposed Draft in that in subsection (1)(a) the words "or availability" were deleted after the word "verity."
__________
§710-1076 Commentary:
1. H.R.S. §725-4.
2. Id.
3. Territory v. Achuck, 31 Haw. 474 (1930).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1078 Disrespect of a house of the legislature.

[ §710-1078] Disrespect of a house of the legislature.
(1) A person who is not a member of either house of the legislature commits the offense of disrespect of a house of the legislature if, while the person is present at a legislative session of either house or at a hearing of any committee of either house, the person creates a breach of peace or disturbance with intent to interrupt the proceeding.
(2) Whenever there is probable cause to believe that a person has violated subsection (1), the person shall be subject to arrest and removal from the presence of the legislature or either house or any committee of a house, by the sergeant-at-arms of the affected house or by any other law enforcement officer of the State, as directed by the sergeant-at-arms.
(3) Disrespect of a house of the legislature is a petty misdemeanor. L 2012, c 204, §1
COMMENTARY ON §710-1078
Act 204, Session Laws 2012, added this section to establish the petty misdemeanor offense of disrespect of a house of the legislature. While instances of contemptuous behavior are rare, the legislature believed that the law needed to be updated to address such possible behavior that can occur at any time. Senate Standing Committee Report No. 2998.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1079 Making a false, fictitious, or fraudulent claim.

§710-1079 Making a false, fictitious, or fraudulent claim.
(1) A person commits the offense of making a false, fictitious, or fraudulent claim against the State or a county if the person makes or presents to any agent of the State, counties, or any department or agency thereof any claim upon or against the State, county, department, or agency that the person knows to be false, fictitious, or fraudulent.
(2) Making a false, fictitious, or fraudulent claim against the State or a county shall be a class C felony. [L 2023, c 131, pt of §3]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 710. Offenses Against Public Administration › 710-1080 Use of false statements or entries; generally.

§710-1080 Use of false statements or entries; generally.
(1) Except as otherwise provided in this section, a person commits the offense of use of false statements or entries if, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the State, the person intentionally or knowingly:
(a) Falsifies, conceals, or covers up a material fact by any trick, scheme, or device;
(b) Makes any materially false, fictitious, or fraudulent statement or representation;
(c) Makes any false writing or document knowing the writing or document contains any materially false, fictitious, or fraudulent statement or entry; or
(d) Uses any false writing or document knowing the writing or document contains any materially false, fictitious, or fraudulent statement or entry for the purpose of presenting any statement or entry as true or for the purpose of substantiating any conclusion that is made more likely by any statement or entry.
(2) Subsection (1) shall not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings, or documents submitted by the party or counsel to a judge or magistrate in the proceeding.
(3) With respect to any matter within the jurisdiction of the legislature, subsection (1) shall apply only to:
(a) Administrative matters, including:
(i) A claim for payment;
(ii) A matter related to the procurement of property or services;
(iii) Personnel or employment practices;
(iv) Support services; or
(v) A document required by law or rule to be submitted to the legislature or any office or officer within the legislature; or
(b) Any investigation or review conducted pursuant to the authority of any committee, subcommittee, commission, or office of the legislature, consistent with applicable rules of the senate or house of representatives.
(4) Use of false statements or entries shall be a class C felony. [L 2023, c 131, pt of §3]
COMMENTARY ON § §710-1079 TO 710-1080
Act 131, Session Laws 2023, added § §710-1079 and 710-1080 to: (1) establish the offense of making a false, fictitious, or fraudulent claim against the State or a county as a class C felony; and (2) establish the offense of the use of false statements or entries in matters within the jurisdiction of the executive, legislative, or judicial branches of the State as a class C felony. The legislature found that it was of utmost importance to restore public trust in state government and increase the level of transparency in government operations and accountability of individuals. To improve the standard of conduct within government, and to more effectively combat fraud, waste, and corruption, it was necessary to establish criminal offenses and penalties. Act 131 provided a mechanism to increase the public's trust and confidence in state and local government while providing law enforcement with a tool to adequately deter and commensurately punish acts of public corruption. Conference Committee Report No. 1, Senate Standing Committee Report No. 720.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 711. Offenses Against Public Order › 711-1104 Unlawful assembly. §711-1104 Commentary:

§711-1104 Unlawful assembly.
(1) A person commits the offense of unlawful assembly if:
(a) The person assembles with five or more other persons with intent to engage in conduct constituting a riot; or
(b) Being present at an assembly that either has or develops a purpose to engage in conduct constituting a riot, the person remains there with intent to advance that purpose.
(2) Unlawful assembly is a misdemeanor. [L 1972, c 9, pt of §1]
COMMENTARY ON §711-1104
Section 711-1104 is intended to reach those who have assembled for the purpose of rioting or who are on their way to the scene of a riot, but who have not yet begun to riot, or who associate with a group of known potential rioters with intent to aid their cause. It thus comprises both unlawful assembly and riot at the common law, and constitutes in effect an expanded concept of attempted riot. Punishment is at the misdemeanor level.
Specifically the section requires assembling with five or more others with intent to engage in conduct constituting a riot, or remaining at an assembly that develops a purpose to engage in a riot, with intent to advance that purpose.
Previous Hawaii law was directed at only specific instances of unlawful assembly. It was illegal under prior law to assemble for the purpose of advocating criminal syndicalism,[1] also, under the former disorderly conduct statute, it was illegal for persons congregating on a public street or sidewalk to refuse to move on at the orders of the police.2 Thus, the Code's concept of unlawful assembly as an attempted riot offense is new to Hawaii law.
__________
§711-1104 Commentary:
1. H.R.S. §721-4.
2. Id. §772-2(2).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 711. Offenses Against Public Order › 711-1106.4 Aggravated harassment by stalking.

§711-1106.4 Aggravated harassment by stalking.
(1) A person commits the offense of aggravated harassment by stalking if that person commits the offense of harassment by stalking as provided in section 711-1106.5 and has been convicted previously of harassment by stalking under section 711-1106.5 within five years of the instant offense.
(2) Aggravated harassment by stalking is a class C felony. [L 1995, c 159, §1; am L 2003, c 68, §1]
Cross References
Power to enjoin and temporarily restrain harassment, see §604-10.5.
Surreptitious surveillance, see §707-733(1)(c).
COMMENTARY ON §711-1106.4
Act 159, Session Laws 1995, added this section to provide for a class C felony offense of aggravated harassment by stalking. The legislature found that a stalker's behavior frequently is characterized by a series of acts directed at the same victim that are progressively more serious in nature. Thus, the legislature believed it necessary to provide enhanced penalties in those cases to deter that type of behavior and to protect the public safety. Conference Committee Report No. 77.
Act 68, Session Laws 2003, amended this section by deleting the requirement of violations of court orders and the requirement that the defendant have been convicted previously of harassment by stalking involving the same person, and inserting that the defendant have been convicted previously of harassment by stalking within five years of the instant offense. Conference Committee Report No. 54, House Standing Committee Report No. 1315.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 711. Offenses Against Public Order › 711-1106.6 Harassment by impersonation.

§711-1106.6 Harassment by impersonation.
(1) A person commits the offense of harassment by impersonation if that person poses as another person, without the express authorization of that person, and makes or causes to be made, either directly or indirectly, a transmission of any personal information of the person to another by any oral statement, any written statement, or any statement conveyed by any electronic means, with the intent to harass, annoy, or alarm any person.
(2) Harassment by impersonation is a misdemeanor.
(3) For the purposes of this section:
"Personal information" means information associated with an actual person that is a name, an address, a telephone number, or an electronic mail address.
"Pose" means to falsely represent oneself, directly or indirectly, as another person or persons. [L 2008, c 133, §1]
Cross References
Impersonating a public servant or law enforcement officer, see § §710-1016, 710-1016.6, and 710-1016.7.
COMMENTARY ON §711-1106.6
Act 133, Session Laws 2008, added this section, creating the misdemeanor offense of harassment by impersonation. Conference Committee Report No. 27-08.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 711. Offenses Against Public Order › 711-1109.3 Cruelty to animals by fighting dogs in the first degree.

§711-1109.3 Cruelty to animals by fighting dogs in the first degree.
(1) A person commits the offense of cruelty to animals by fighting dogs in the first degree if the person:
(a) Knowingly:
(i) Causes, sponsors, arranges, or holds a dogfight for entertainment or financial gain; or
(ii) Owns, trains, transports, possesses, sells, transfers, or equips any dog with the intent that the dog shall be engaged in a dogfight; or
(b) Recklessly:
(i) Allows a dogfight to occur on any property owned or controlled by the person; or
(ii) Allows any dog intended to be used for a dogfight to be kept, trained on, or transported in, any property owned or controlled by the person.
(2) Nothing in this section shall prohibit any of the following:
(a) The use of dogs in the management of livestock by the owner of the livestock or the owner's employees or agents or other persons in lawful custody thereof;
(b) The use of dogs in hunting wildlife including game; or
(c) The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law.
(3) As used in this section, "dogfight" means a dog or dogs pitted against another dog or dogs with the intent that the encounter will result in injury to one or more of the dogs.
(4) Violation of this section shall be a class B felony.
(5) If there is any conflict between this section and section 711-1109, or any other provision of law, this section shall apply. [L 1983, c 129, §1; am L 1987, c 230, §5; am L 2011, c 149, §4]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 711. Offenses Against Public Order › 711-1109.35 Cruelty to animals by fighting dogs in the second degree.

§711-1109.35 Cruelty to animals by fighting dogs in the second degree.
(1) A person commits the offense of cruelty to animals by fighting dogs in the second degree if the person knowingly:
(a) Wagers on a dogfight;
(b) Attends or pays to attend a dogfight; or
(c) Possesses any device intended to enhance the dog's fighting ability with the intent that the device be used to train or prepare the dog for a dogfight.
(2) As used in this section:
"Bait dog" means a live animal used to train or prepare dogs for a dogfight.
"Device" means both animate and inanimate objects and includes live animals used as bait dogs.
"Dogfight" means a dog or dogs pitted against another dog or dogs with the intent that the encounter will result in injury to one or more of the dogs.
"Wager" means staking or risking something of value on the outcome of a dogfight.
(3) Cruelty to animals by fighting dogs in the second degree is a class C felony. [L 2011, c 149, §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 711. Offenses Against Public Order › 711-1109.37 Cruelty to animals by trapping.

§711-1109.37 Cruelty to animals by trapping.
(1) A person commits the offense of cruelty to animals by trapping if the person intentionally, knowingly, or recklessly uses, sets, or maintains:
(a) A steel-jawed leg-hold trap; or
(b) A snare, conibear trap, or foot- or leg-hold trap in an area zoned as residential or any other area where such snare or trap is prohibited by law or rule; except under the situations described in subsection (2).
(2) Subsection (1)(b) shall not apply to employees of state or federal agencies, or persons acting as a designated cooperator or an agent of the State, who are carrying out activities required under a management plan approved by state or federal agencies, pursuant to a mandatory statutory duty for the protection of species listed as threatened or endangered species, or other wildlife species protected by law, or for the protection of public health, safety, or property.
(3) As used in this section:
"Conibear trap" means a contrivance consisting of metal or steel designed to kill by crushing the body or severing the spinal cord of any animal. "Conibear trap" shall not include snap traps used for rodent control.
"Foot- or leg-hold trap" means a contrivance consisting of metal or steel that is off-set, padded or laminated, and is designed to capture and hold any animal by a foot or limb.
"Snare" means a contrivance consisting of a noose, regardless of material, designed to capture, trap, or kill any animal or hold any animal by a foot, limb, or neck.
"Steel-jawed leg-hold trap" means a spring-powered contrivance that captures or holds the limb of an animal by exerting a lateral force with fix-mounted jaws.
(4) Cruelty to animals by trapping is a misdemeanor. [L 2013, c 208, §3]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 711. Offenses Against Public Order › 711-1109.4 Causing injury or death to a service animal or law enforcement animal.

§711-1109.4 Causing injury or death to a service animal or law enforcement animal.
(1) A person commits the offense of causing injury or death to a service animal or law enforcement animal if:
(a) The person recklessly causes substantial bodily injury to or the death of any service animal or law enforcement animal while the service animal or law enforcement animal is in the discharge of its duties; or
(b) The person is the owner of a dog and recklessly permits that dog to attack a service animal or law enforcement animal while the service animal
or law enforcement animal
is in the discharge of its duties, resulting in the substantial bodily injury or death of the service animal or law enforcement animal.
(2) Subsection (1) shall not apply to:
(a) Accepted veterinary practices;
(b) Activities carried on for scientific research governed by standards of accepted educational or medicinal practices; or
(c) Cropping or docking as customarily practiced and permitted by law.
(3) Any person who commits the offense of causing injury or death to a service animal or law enforcement animal shall be guilty of a class C felony.
(4) In addition to any other penalties, any person who is convicted of a violation of this section shall be ordered to make restitution to:
(a) The owner of the service animal or law enforcement animal for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the service animal or law enforcement animal; and
(b) The person, entity, or organization that incurs the cost of retraining or replacing the service animal or law enforcement animal for the cost of retraining or replacing the service animal or law enforcement animal if it is disabled or killed.
(5) As used in this section "service animal" shall have the same meaning as in section 347-2.5. [L 2002, c 259, pt of §1; am L 2011, c 175, §9; am L 2013, c 205, §2; am L 2018, c 217, §9]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 711. Offenses Against Public Order › 711-1109.5 Intentional interference with the use of a service animal or law enforcement animal.

§711-1109.5 Intentional interference with the use of a service animal or law enforcement animal.
(1) A person commits the offense of intentional interference with the use of a service animal or law enforcement animal if the person, with no legal justification, intentionally or knowingly strikes, beats, kicks, cuts, stabs, shoots, or administers any type of harmful substance or poison to a service animal or law enforcement animal while the service animal or law enforcement animal is in the discharge of its duties.
(2) Subsection (1) shall not apply to:
(a) Accepted veterinary practices;
(b) Activities carried on for scientific research governed by standards or accepted educational or medicinal practices; or
(c) Cropping or docking as customarily practiced and permitted by law.
(3) Intentional interference with the use of a service animal or law enforcement animal is a misdemeanor.
(4) In addition to any other penalties, any person who is convicted of a violation of this section shall be ordered to make restitution to:
(a) The owner of the service animal or law enforcement animal for any veterinary bills and out-of-pocket costs incurred as a result of the injury to the service animal or law enforcement animal; and
(b) The person, entity, or organization that incurs the cost of retraining or replacing the service animal or law enforcement animal for the cost of retraining or replacing the service animal or law enforcement animal, if it is disabled or killed.
(5) Nothing in this section is intended to affect any civil remedies available for a violation of this section.
(6) As used in this section, "service animal" shall have the same meaning as in section 347-2.5. [L 2002, c 259, pt of §1; am L 2011, c 175, §10; am L 2013, c 205, §3; am L 2018, c 217, §10]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 711. Offenses Against Public Order › 711-1109.7 Pet animal or equine animal desertion. (1) It shall be unlawful for the owner or any person in possession of any pet animal or equine animal to desert the pet animal or equine animal. (2) Any person who violates subsection (1) shall be guilty of a petty misdemeanor and subject to a fine not exceeding $1,000 in addition to any other penalties. (3) Any person who violates subsection (1) and recklessly causes the death of or substantial bodily injury to the pet animal or equine animal shall be guilty of a misdemeanor and subject to a fine not exceeding $2,000 in addition to any other penalties. (4) Each pet animal or equine animal that is deserted in violation of subsection (1) or suffers death or substantial bodily injury as a result of a violation of subsection (1) shall constitute a separate offense. (5) For the purposes of this section, "desert" means to leave without the intent to return. [L 2016, c 165, §2] Revision Note Subsections redesignated pursuant to §23G-15.

§711-1109.7
Pet animal or equine animal desertion.
(1) It shall be unlawful for the owner or any person in possession of any pet animal or equine animal to desert the pet animal or equine animal.
(2) Any person who violates subsection (1) shall be guilty of a petty misdemeanor and subject to a fine not exceeding $1,000 in addition to any other penalties.
(3) Any person who violates subsection (1) and recklessly causes the death of or substantial bodily injury to the pet animal or equine animal shall be guilty of a misdemeanor and subject to a fine not exceeding $2,000 in addition to any other penalties.
(4) Each pet animal or equine animal that is deserted in violation of subsection (1) or suffers death or substantial bodily injury as a result of a violation of subsection (1) shall constitute a separate offense.
(5) For the purposes of this section, "desert" means to leave without the intent to return. [L 2016, c 165, §2]
Revision Note
Subsections redesignated pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 711. Offenses Against Public Order › 711-1112 Interference with the operator of a public transit vehicle.

§711-1112 Interference with the operator of a public transit vehicle.
(1) A person commits the offense of interference with the operator of a public transit vehicle if the person interferes with or lessens the ability of the operator to operate the public transit vehicle by:
(a) Intentionally, knowingly, or recklessly causing bodily injury to the operator of the public transit vehicle; or
(b) Threatening, by word or conduct, to cause bodily injury to the operator of the public transit vehicle with the intent to terrorize, or in reckless disregard of the risk of terrorizing the operator of the public transit vehicle.
(2) For the purposes of this section, "public transit vehicle" means:
(a) Any public paratransit vehicle providing service to the disabled;
(b) Any transit vehicle used for the transportation of passengers in return for legally charged fees or fares, including any taxi; or
(c) Any transit vehicle owned or operated by a government entity, including any school bus.
(3) Interference with the operator of a public transit vehicle is a class C felony. [L 1996, c 87, §3; am L 2023, c 191, §2]
Cross References
Unauthorized entry into motor vehicle, see § §708-836.5 and 708-836.6.
COMMENTARY ON §711-1112
Act 87, Session Laws 1996, added the new offense of interference with the operator of a public transit vehicle due to the increased danger to the public involved when the operators are terrorized or assaulted. Conference Committee Report No. 30.
Act 191, Session Laws 2023, amended §711-1112 to make clarifying and conforming amendments to the offense of interference with the operator of a public transit vehicle. These amendments facilitated other amendments made by Act 191 establishing the offense of interference with the operation of a public transit vehicle. The legislature found that public transit vehicles provide essential transportation services to thousands of residents and visitors across the State. Many Hawaii residents and visitors rely on public transportation for education, employment, health care, housing, and community purposes. Act 191 served as a deterrent against acts that interfered with the safe and timely operation of public transit vehicles. Conference Committee Report No. 20, House Standing Committee Report No. 1628.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 711. Offenses Against Public Order › 711-1113 Interference with the operation of a public transit vehicle.

§711-1113 Interference with the operation of a public transit vehicle.
(1) A person commits the offense of interference with the operation of a public transit vehicle if the person intentionally, knowingly, or recklessly causes:
(a) Damage of a public transit vehicle, resulting in the vehicle's removal from service; or
(b) The unreasonable interruption of a public transit system or service.
(2) As used in this section, "public transit vehicle" includes:
(a) Any public paratransit vehicle providing service to the disabled;
(b) Any transit vehicle used for the transportation of passengers in return for legally charged fees or fares, including any taxi; and
(c) Any transit vehicle owned or operated by a government entity, including any school bus.
(3) Interference with the operation of a public transit vehicle shall be a violation; provided that interference with the operation of a public transit vehicle that results in serious bodily injury to, or death of, any person, shall be a class C felony. [L 2023, c 191, §1]
COMMENTARY ON §711-1113
Act 191, Session Laws 2023, added this section to establish the offense of interference with the operation of a public transit vehicle. The legislature found that public transit vehicles provide essential transportation services to thousands of residents and visitors across the State. Many Hawaii residents and visitors rely on public transportation for education, employment, health care, housing, and community purposes. Act 191 served as a deterrent against acts that interfere with the safe and timely operation of public transit vehicles. Conference Committee Report No. 20, House Standing Committee Report No. 1628.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 711. Offenses Against Public Order › 711-1114 Trespass with an unmanned aircraft system.

§711-1114 Trespass with an unmanned aircraft system.
(1) A person commits the offense of trespass with an unmanned aircraft system if the person intentionally causes an unmanned aircraft system to:
(a) Cross the property line of another and come within fifty feet of a dwelling to coerce, intimidate, or harass another person or, after having been given actual notice to desist, for any other reason; or
(b) Take off or land in violation of current Federal Aviation Administration special security instructions or unmanned aircraft systems security sensitive airspace restrictions.
(2) This section shall not apply if:
(a) Consent was given to the entry by any person with legal authority to consent or by any person who is lawfully present on the property; or
(b) The person was authorized by federal regulations to operate an unmanned aircraft system and was operating the system in an otherwise lawful manner and consistent with federal regulations.
(3) Trespass with an unmanned aircraft system is a misdemeanor. [L 2023, c 58, §2]
COMMENTARY ON §711-1114
Act 58, Session Laws 2023, added this section to establish the misdemeanor offense of trespass with an unmanned aircraft system. The legislature found that the proliferation of unmanned aircraft systems, commonly called drones, has led to privacy and public safety concerns for individuals, especially when the drones are flown over their property. The legislature further found that existing state laws did not adequately address these situations and that some states had enacted laws that prohibited trespassing on private property with a drone. Accordingly, Act 58 addressed the concerns of residents across the State, while also establishing enforcement measures to promote responsible drone usage. House Standing Committee Report No. 1639, House Standing Committee Report No. 1347, Senate Standing Committee Report No. 848, Senate Standing Committee Report No. 242.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1200.5 Commercial sexual exploitation.

§712-1200.5 Commercial sexual exploitation.
(1) A person commits the offense of commercial sexual exploitation if the person provides, agrees to provide, or offers to provide a fee or anything of value to another to engage in sexual conduct.
(2) As used in this section, "sexual conduct" has the same meaning as in section 712-1200(2).
(3) Except as provided in subsection (4), commercial sexual exploitation is a petty misdemeanor.
(4) Commercial sexual exploitation is a class C felony if the person who commits the offense under subsection (1) does so in reckless disregard of the fact that the person exploited is a victim of sex trafficking.
(5) A person convicted of committing the offense of commercial sexual exploitation as a petty misdemeanor shall be sentenced as follows:
(a) For the first offense, a fine of no less than $500 but no more than $1,000 and the person may be sentenced to a term of imprisonment of no more than thirty days or probation; provided that in the event the convicted person defaults in payment of the fine, and the default was not contumacious, the court may order conversion of the unpaid portion of the fine to community service as authorized by section 706-605(1);
(b) For any subsequent offense, a fine of no less than $500 but no more than $1,000 and a term of imprisonment or probation of no more than thirty days, without possibility of suspension of sentence; and
(c) For purposes of this subsection, the court may impose as a condition of probation that the defendant complete a course of exploitation intervention classes; provided that the court shall only impose the condition for one term of probation.
(6) This section shall not apply to any member of a police department, a sheriff, or a law enforcement officer acting in the course and scope of duties; provided that the member of a police department, sheriff, or law enforcement officer is engaging in undercover operations; provided further that under no circumstances shall sexual contact initiated by a member of a police department, sheriff, or law enforcement officer; sexual penetration; or sadomasochistic abuse be considered to fall within the course and scope of duties. [L 2021, c 68, §2]
COMMENTARY ON §712-1200.5
Act 68, Session Laws 2021, established this section to create a separate commercial sexual exploitation offense for those who provide anything of value to engage in sexual conduct. The legislature found that sex trafficking is an ever-evolving criminal enterprise in which traffickers and exploiters find various means to sexually exploit the most vulnerable in the community. The legislature further found that protecting victims from sexual exploitation and holding offenders accountable is difficult given the disparity in power between the victims and perpetrators, and that amending Hawaii's sex trafficking laws to better reflect the current reality and challenges would improve outcomes for trafficking victims and survivors. Senate Standing Committee Report No. 1654, Conference Committee Report No. 45.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1201 Advancing prostitution; profiting from prostitution; definition of terms.

§712-1201 Advancing prostitution; profiting from prostitution; definition of terms.
In sections 712-1202 and 712-1203:
(1) A person "advances prostitution" if the person knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons for prostitution purposes, permits premises to be regularly used for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any other conduct designed to institute, aid, or facilitate an act or enterprise of prostitution;
(2) A person "profits from prostitution" if the person accepts or receives money, anything of value, or other property pursuant to an agreement or understanding with any person whereby the person participates or is to participate in the proceeds of prostitution activity; and
(3) The definitions in subsections (1) and (2) shall not include those engaged in conduct outlined in section 712-1200 as the prostituted person or section 712-1200.5 as the person engaged in commercial sexual exploitation. [L 1972, c 9, pt of §1; am L 2011, c 145, §2; am L 2016, c 206, §13; am L 2021, c 68, §5]
Note
Section heading amended by L 2016, c 206, §13.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1202 Sex trafficking.

§712-1202 Sex trafficking.
(1) A person commits the offense of sex trafficking if the person knowingly:
(a) Advances prostitution by compelling or inducing a person by force, threat, fraud, coercion, or intimidation to engage in prostitution, or profits from such conduct by another; or
(b) Advances prostitution or profits from prostitution of a minor.
(2) Sex trafficking is a class A felony.
(3) As used in this section:
"Fraud" means making material false statements, misstatements, or omissions.
"Minor" means a person who is less than eighteen years of age.
"Threat" means any of the actions listed in section 707-764(1).
(4) The state of mind requirement for the offense under subsection (1)(b) is not applicable to the fact that the victim was a minor. A person is strictly liable with respect to the attendant circumstances that the victim was a minor. [L 1972, c 9, pt of §1; am L 1993, c 130, §2; am L 2008, c 147, §8; am L 2011, c 145, §3; am L 2016, c 206, §14; am L 2021, c 68, §6]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1203 Promoting prostitution.

§712-1203 Promoting prostitution.
(1) A person commits the offense of promoting prostitution if the person knowingly advances or profits from prostitution.
(2) Promoting prostitution is a class B felony. [L 1972, c 9, pt of §1; am L 1993, c 130, §3; am L 2008, c 147, §9; am L 2011, c 145, §4; am L 2016, c 206, §15]
Case Notes
Statements made by women constituted verbal acts and were admissible against defendant charged under subsection (1)(a). 59 H. 401, 581 P.2d 1171 (1978).
Section 701-109(1)(d) prohibits conviction under both this section and §842-2(2), as both this section and §842-2(2) seek to redress the same conduct--the control of an enterprise involved in criminal activity. In such case, this section, the specific statute, governs over the general statute, §842-2(2). 88 H. 19, 960 P.2d 1227 (1998).
Cited: 58 H. 299, 568 P.2d 504 (1977).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1206 Loitering for the purpose of engaging in or advancing prostitution.

§712-1206
Loitering for the purpose of engaging in or advancing prostitution.
(1) For the purposes of this section, "public place" means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility or the doorways and entrance ways to any building which fronts on any of the aforesaid places, or a motor vehicle in or on any such place.
(2) Any person who remains or wanders about in a public place and repeatedly beckons to or repeatedly stops, or repeatedly attempts to stop, or repeatedly attempts to engage passers-by in conversation, or repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes with the free passage of other persons for the purpose of committing the crime of prostitution as that term is defined in section 712-1200, shall be guilty of a violation.
(3) Any person who remains or wanders about in a public place and repeatedly beckons to, or repeatedly stops, or repeatedly attempts to engage passers-by in conversation, or repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes with the free passage of other persons for the purpose of committing the crime of advancing prostitution as that term is defined in section 712-1201(1) is guilty of a petty misdemeanor. [L 1991, c 275, §1]
COMMENTARY ON §712-1206
Act 275, Session Laws 1991, prohibits loitering in a public place for the purpose of engaging in or advancing prostitution. This section was created to help protect unwilling victims from repeated harassment, interference and assault by aggressive prostitutes in our public places. Senate Standing Committee Report No. 1050.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1208 Promoting travel for prostitution.

§712-1208 Promoting travel for prostitution.
(1) A person commits the offense of promoting travel for prostitution if the person knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in what would be prostitution if occurring in the State.
(2) "Travel services" has the same meaning as in section 468L-1.
(3) Promoting travel for prostitution is a class C felony. [L 2004, c 82, §2]
COMMENTARY ON §712-1208
Act 82, Session Laws 2004, added this section, making it a class C felony to sell or offer to sell travel services promoting prostitution. The legislature found that the sex industry has expanded to include people in the travel industry arranging for travelers to take advantage of prostitution overseas. These profiteers should not be promoting in Hawaii overseas activities that are illegal in this State. The legislature found that establishing a new offense of promoting travel for prostitution recognizes that travel businesses should be held accountable for their roles, if any, in encouraging prostitution and the consequent abuse and exploitation of women. Conference Committee Report No. 28-04, House Standing Committee Report No. 494-04.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1209 Commercial sexual exploitation near schools or public parks.

§712-1209 Commercial sexual exploitation near schools or public parks.
(1) A person commits the offense of commercial sexual exploitation near schools or public parks if, within seven hundred fifty feet of a school or public park, the person provides, agrees to provide, or offers to provide a fee or anything of value to another person to engage in sexual conduct.
(2) Commercial sexual exploitation near schools or public parks is a misdemeanor.
(3) For purposes of this section:
"School" has the same meaning as in section 712-1249.6(6).
"Sexual conduct" has the same meaning as in section 712-1200(2). [L 2011, c 74, §1; am L 2021, c 68, §8]
COMMENTARY ON §712-1209
Act 74, Session Laws 2011, added this section, establishing a misdemeanor offense for solicitation of prostitution near schools or public parks if, within seven hundred fifty feet of a school or a public park, a person offers or agrees to pay a fee to another person to engage in sexual conduct. Act 74 was a means of ensuring that the public was not subjected to viewing acts of prostitution near schools and public parks, where children are often present. Senate Standing Committee Report No. 1104, Conference Committee Report No. 68.
Act 68, Session Laws 2021, amended this section to: (1) rename the offense to reference commercial sexual exploitation; and (2) provide that the compensation for engaging in sexual conduct includes anything of value. The legislature found that sex trafficking is an ever-evolving criminal enterprise in which traffickers and exploiters find various means to sexually exploit the most vulnerable in the community. The legislature further found that protecting victims from sexual exploitation and holding offenders accountable is difficult given the disparity in power between the victims and perpetrators, and that amending Hawaii's sex trafficking laws to better reflect the current reality and challenges would improve outcomes for trafficking victims and survivors. Senate Standing Committee Report No. 1654, Conference Committee Report No. 45.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1213 Displaying indecent material; prima facie evidence. §712-1213 Commentary:

§712-1213 Displaying indecent material; prima facie evidence.
The fact that a person engaged in the conduct specified by section 712-1211 is prima facie evidence that the person engaged in that conduct with knowledge of or in reckless disregard of the character, content, or connotation of the material which is displayed. [L 1972, c 9, pt of §1; am L 1987, c 176, §5]
Cross References
Prima facie evidence, see §701-117.
COMMENTARY ON §712-1213
This section is derived from the proposed statute in Richard Kuh's influential book on pornography.1 The purpose of the section is to ease the burden on the prosecutor of making a prima facie case on the issue of mens rea in cases involving violation of §712-1211. It makes proof of a prohibited display prima facie evidence of the requisite state of mind; however, it does not change the prosecutor's ultimate burden of proof beyond a reasonable doubt.
__________
§712-1213 Commentary:
1. Kuh, Foolish Figleaves? 267 (1967).
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1215.5 Promoting minor-produced sexual images in the first degree.

§712-1215.5 Promoting minor-produced sexual images in the first degree.
(1) A person, eighteen years of age or older, commits the offense of promoting minor-produced sexual images in the first degree if the person intentionally or knowingly commands, requests, or encourages a minor to use a computer, cell phone, or any other device capable of electronic data transmission or distribution, to transmit to any person a nude photograph or video of a minor.
(2) For purposes of this section, a "minor" means any person under eighteen years of age.
(3) Promoting minor-produced sexual images in the first degree is a misdemeanor. [L 2012, c 213, pt of §1]
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1215.6 Promoting minor-produced sexual images in the second degree.

§712-1215.6 Promoting minor-produced sexual images in the second degree.
(1) A minor commits the offense of promoting minor-produced sexual images in the second degree if the minor:
(a) Knowingly uses a computer, cell phone, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another person a nude photograph or video of a minor or the minor's self; or
(b) Intentionally or knowingly commands, requests, or encourages another minor to use a computer, cell phone, or any other device capable of electronic data transmission or distribution, to transmit to any person a nude photograph or video of a minor or the minor's self.
(2) A person, of any age, commits the offense of promoting minor-produced sexual images in the second degree if the person knowingly possesses a nude photograph or video of a minor transmitted or distributed in violation of subsection (1). It is an affirmative defense under this subsection that the person took reasonable steps to destroy or eliminate the nude photograph or video of a minor.
(3) For purposes of this section, a "minor" means any person under eighteen years of age.
(4) Promoting minor-produced sexual images in the second degree is a petty misdemeanor. [L 2012, c 213, pt of §1]
COMMENTARY ON § §712-1215.5 AND 712-1215.6
Act 213, Session Laws 2012, added § §712-1215.5 and 712-1215.6 to address the problem of "sexting," which involved minors taking nude pictures and videos of themselves or other minors, and transmitting the nude images to others by use of a cell phone or other form of electronic communication. Specifically, Act 213 prohibited: (1) adults from soliciting minors to electronically transmit nude images of minors by making such conduct a misdemeanor [( §712-1215.5)]; (2) minors from electronically transmitting nude images of themselves or other minors, or soliciting other minors to do so by making such conduct a petty misdemeanor [( §712-1215.6)]; and (3) a person from possessing a nude image transmitted by a minor, but making it an affirmative defense that the recipient made reasonable efforts to destroy the transmitted nude image [( §712-1215.6)]. The legislature found that the electronic transmission of youth-produced sexual pictures and videos was a growing problem, particularly because the images can be shared with many people almost instantaneously. Once transmitted, the original transmitter had very limited ability to control or prevent further dissemination. The legislature further found that the images may be used as a commodity for exchange, and the threatened dissemination of these images may be used as leverage against the subject to force the subject to engage in behaviors that may cause embarrassment, at minimum, and possible mental or emotional harm. Conference Committee Report No. 25-12.
2023 Hawaii Revised Statutes › Title 37. Hawaii Penal Code › 712. Offenses Against Public Health and Morals › 712-1216.5 Importation, sale, or possession of a childlike sex doll.

§712-1216.5 Importation, sale, or possession of a childlike sex doll.
(1) A person commits the offense of importation, sale, or possession of a childlike sex doll if the person intentionally, knowingly, or recklessly:
(a) Imports or causes to be imported into the State one or more childlike sex dolls;
(b) Sells, offers to sell, distributes, or otherwise provides to another person one or more childlike sex dolls; or
(c) Possesses one or more childlike sex dolls.
(2) The importation, sale, or possession of one childlike sex doll is a misdemeanor.
(3) The importation, sale, or possession of two to five childlike sex dolls is a class C felony.
(4) The importation, sale, or possession of more than five childlike sex dolls is a class B felony.
(5) For purposes of this section, "childlike sex doll" means a doll, mannequin, or robot that is intended for sexual stimulation, gratification, or perversion and that has the features of, or features that resemble those of, a person below the age of puberty. [L 2021, c 67, §2]
COMMENTARY ON §712-1216.5
Act 67, Session Laws 2021, added this section to establish the offense of importation, sale, or possession of a childlike sex doll. The legislature found that the widespread availability of childlike sex dolls, which are designed to look and feel as lifelike as possible, contributes to the exploitation, objectification, abuse, and sexual assault of minors. The legislature further found that the possession of a childlike sex doll correlates with other offenses perpetrated against children and may reinforce pedophilic thoughts and cause those thoughts to be acted upon with greater urgency. The legislature found that Act 67 would help protect minors from the harm associated with childlike sex dolls. Conference Committee Report No. 27.