REPORT TITLE:
Sexual Assault; Age


DESCRIPTION:
Amends age of consent under sexual assault offenses.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2190
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SEXUAL ASSAULT.



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

 1      SECTION 1.  Section 707-731, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (1) to read as follows:
 
 3      "(1)  A person commits the offense of sexual assault in the
 
 4 second degree if:
 
 5      (a)  The person knowingly subjects another person to an act
 
 6           of sexual penetration by compulsion;
 
 7      (b)  The person knowingly subjects to sexual penetration
 
 8           another person who is mentally defective, mentally
 
 9           incapacitated, or physically helpless;
 
10      (c)  The person, while employed in a state correctional
 
11           facility or while employed as a law enforcement officer
 
12           as defined in section 710-1000(13), knowingly subjects
 
13           to sexual penetration an imprisoned person, a person
 
14           confined to a detention facility, or a person in
 
15           custody; provided that paragraph (b) and this paragraph
 
16           shall not be construed to prohibit practitioners
 
17           licensed under chapter 453, 455, or 460, from
 
18           performing any act within their respective practices;
 
19           and further provided that this paragraph shall not be
 

 
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 1           construed to prohibit a law enforcement officer from
 
 2           performing a lawful search pursuant to a warrant or
 
 3           exception to the warrant clause[.]; or
 
 4      (d)  The person is twenty-one years of age or more and
 
 5           recklessly subjects to sexual penetration another
 
 6           person who is less than sixteen years old; provided
 
 7           this paragraph shall not be construed to prohibit
 
 8           practitioners licensed under chapter 453, 455, or 460,
 
 9           from performing any act within their respective
 
10           practices."
 
11      SECTION 2.  Section 707-732, Hawaii Revised Statutes, is
 
12 amended by amending subsection (1) to read as follows:
 
13      "(1)  A person commits the offense of sexual assault in the
 
14 third degree if:
 
15      (a)  The person recklessly subjects another person to an act
 
16           of sexual penetration by compulsion;
 
17      (b)  The person knowingly subjects to sexual contact another
 
18           person who is less than fourteen years old or causes
 
19           such a person to have sexual contact with the [person;]
 
20           actor;
 
21      (c)  The person knowingly subjects to sexual contact another
 
22           person who is mentally defective, mentally
 
23           incapacitated, or physically helpless, or causes such a
 

 
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 1           person to have sexual contact with the actor; [or]
 
 2      (d)  The person, while employed in a state correctional
 
 3           facility, knowingly subjects to sexual contact an
 
 4           imprisoned person or causes such person to have sexual
 
 5           contact with the actor;
 
 6      (e)  The person knowingly, by strong compulsion, has sexual
 
 7           contact with another person or causes another person to
 
 8           have sexual contact with the actor; [provided that
 
 9           paragraphs (b), (c), and (d) shall not be construed to
 
10           prohibit practitioners licensed under chapter 453, 455,
 
11           or 460, from performing any act within their respective
 
12           practices.]
 
13      (f)  The person is eighteen to twenty years of age and
 
14           recklessly subjects to sexual penetration another
 
15           person who is less than sixteen years old; provided
 
16           this paragraph shall not be construed to prohibit
 
17           practitioners licensed under chapter 453, 455, or 460,
 
18           from performing any act within their respective
 
19           practices;
 
20      (g)  The person is twenty years of age or more and
 
21           recklessly subjects to sexual contact another person
 
22           who is age fourteen or fifteen years old.
 
23 Paragraphs (b), (c), (d), (f), and (g) shall not be construed to
 

 
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                                     S.B. NO.           2190
                                                        
                                                        

 
 1 prohibit practitioners licensed under chapter 453, 455, or 460,
 
 2 from performing any act within their respective practices."
 
 3      SECTION 3.  This Act does not affect rights and duties that
 
 4 matured, penalties that were incurred, and proceedings that were
 
 5 begun, before its effective date.
 
 6      SECTION 4.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 5.  This Act shall take effect upon its approval.
 
 9 
 
10                           INTRODUCED BY:_________________________