Report Title:

Minors; Commercial Sexual Exploitation

 

Description:

Prohibits commercial sexual exploitation of minors in exchange for cash, in kind favors, or other compensation through an intermediary who profits from using the minor for specified pornographic or erotic purposes.

 

THE SENATE

S.B. NO.

864

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to offenses against the person.

 

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

SECTION 1. The legislature finds that current Hawaii law does not address the common abuse of a minor situation whereby a minor is used in a fashion similar to a trade commodity in providing various lascivious services that are not covered by prostitution or sexual abuse. This is known as commercial sexual exploitation, that includes nude dancing, unlicensed massage, exotic dancing, and escort services.

The legislature further finds that commercial exploitation of minors is a means to recruit minors into the sex trade and introducing them into the world of prostitution.

The purpose of this Act is to prohibit the commercial exploitation of minors.

SECTION 2. Chapter 707, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:

"§707- Commercial sexual exploitation of a child. (1) A person commits the offense of commercial sexual exploitation of a child if, for pornographic or erotic purposes, that person causes, aids, encourages, manipulates, or attempts to do so, through psychological coercion, monetary inducement, or physical threat or abuse, a person who is less than eighteen years old to provide:

(a) Exotic, nude, or partially nude dancing services;

(b) Paid services to a customer or patron through an escort service or agency;

(c) Erotic or nude massage if the person massaged or the massager is nude;

(d) Prostitution; or

(e) Commercial traffic for sexual purpose, including the use of the Internet to sexually exploit minors.

(2) As used in this section, "commercial sexual exploitation of a minor" means putting a minor to use in a prohibited service specified under subsection (1) in exchange for cash, in kind favors, or other compensation, through an intermediary who profits from the using the minor to provide the service.

(3) Commercial exploitation of a child is a class B felony."

SECTION 3. Chapter 707, Hawaii Revised Statutes, is amended by amending the title to part VI to read as follows:

"PART VI. CHILD ABUSE AND COMMERCIAL SEXUAL EXPLOITATION"

SECTION 4. Section 712-1202, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of promoting prostitution in the first degree if the person knowingly[:

(a) Advances] advances prostitution by compelling a person by criminal coercion to engage in prostitution, or profits from such coercive conduct by another[; or

(b) Advances or profits from prostitution of a person less than sixteen years old]."

SECTION 5. Section 712-1203, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of promoting prostitution in the second degree if the person knowingly[:

(a) Advances] advances or profits from prostitution by managing, supervising, controlling, or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more prostitutes[; or

(b) Advances or profits from prostitution of a person less than sixteen years old]."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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