STAND. COM. REP. NO. 3034

 

Honolulu, Hawaii

                   

 

RE:     H.B. No. 1852

        H.D. 1

        S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred H.B. No. 1852, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO PORNOGRAPHY,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to amend the definition of "pornographic for minors" by clarifying that a material or performance is not required to appeal specifically to the minor's prurient interest in order to be found pornographic for minors.

 

     Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and County of Honolulu and Honolulu Police Department.

 

     Your Committee finds that one element of the definition of pornographic material in general is that it appeals to the prurient interest.  In some cases regarding material that is pornographic to minors, a minor may be exposed to material before the minor is of sufficient age to have developed prurient interests.  This measure will clarify that material that is "pornographic for minors" is not required to appeal specifically to the prurient interest of the minor.

 

     Your Committee has amended this measure by inserting an effective date of July 1, 2035, to encourage further discussion.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1852, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1852, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

 

 

________________________________

BRIAN T. TANIGUCHI, Chair