Report Title:

Continuous Sexual Assault Of A Minor

 

Description:

Clarifies that the intent a criminal must have to be guilty of the crime of continuous sexual assault of a minor must be "knowingly".

 

THE SENATE

S.B. NO.

1461

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CONTINUOUS SEXUAL ASSAULT OF A MINOR UNDER THE AGE OF FOURTEEN YEARS.

 

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

SECTION 1. The purpose of this Act is to amend current law to include the requisite state of mind required before a person is convicted under this section. Current law does not state the requisite state of mind thus triggering section 702-204, Hawaii Revised Statutes, which states that "[w]hen the state of mind is not specified by the law, that element is established if, with respect thereto, a person acts intentionally, knowingly, and recklessly." The legislature is convinced that when a person engages in a continuous sexual assault, the person does so at least knowingly.

SECTION 2. Section 707-733.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) Any person who:

(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] Knowingly engages in three or more acts of sexual penetration or sexual contact with the minor over a period of time, but while the minor is under the age of fourteen years,

is guilty of the offense of continuous sexual assault of a minor under the age of fourteen years."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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