REPORT TITLE:
Age of Consent-crimes


DESCRIPTION:
This bill raises the age of consent from 14 to 16.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2868
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE AGE OF CONSENT. 


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

 1      SECTION 1.  The legislature finds that our children are
 
 2 being exploited by sexual predators.  The current sexual assault
 
 3 laws set the age of consent at fourteen. This is akin to
 
 4 legalizing pedophilia.
 
 5      The purpose of this bill is to raise the consent age to
 
 6 sixteen, criminalizing pedophilia and bringing the consent age
 
 7 into concurrence with the age of consent to marriage.
 
 8      SECTION 2.  Section 707-730, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "707-730  Sexual assault in the first degree.(1)  A
 
11 person commits the offense of sexual assault in the first degree
 
12 if:
 
13           (a)  The person knowingly subjects another person to an
 
14                act of sexual penetration by strong compulsion;
 
15           (b)  The person knowingly subjects to sexual
 
16                penetration another person who is less than
 
17                [fourteen]sixteen years old; provided this
 
18                paragraph shall not be construed to prohibit
 
19                practitioners licensed under chapter 453, 455, or
 
20                460, from performing any act within their
 

 
Page 2                                                     2868
                                     H.B. NO.           
                                                        
                                                        

 
 1                respective practices.
 
 2      (2)  Sexual assault in the first degree is a class A
 
 3 felony."
 
 4      SECTION 3.  Section 707-732, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "707-732  Sexual assault in the third degree.(1)  A
 
 7 person commits the offense of sexual assault in the third degree
 
 8 if:
 
 9           (a)  The person recklessly subjects another person to
 
10                an act of sexual penetration by compulsion;
 
11           (b)  The person knowingly subjects to sexual contact
 
12                another person who is less than [fourteen]sixteen
 
13                years old or causes such a person to have sexual
 
14                contact with the person;
 
15           (c)  The person knowingly subjects to sexual contact
 
16                another person who is mentally defective, mentally
 
17                incapacitated, or physically helpless, or causes
 
18                such a person to have sexual contact with the
 
19                actor; or
 
20           (d)  The person, while employed in a state correctional
 
21                facility, knowingly subjects to sexual contact an
 
22                imprisoned person or causes such person to have
 
23                sexual contact with the actor;
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           (e)  The person knowingly, by strong compulsion, has
 
 2                sexual contact with another person or causes
 
 3                another person to have sexual contact with the
 
 4                actor; provided that paragraphs (b), (c), and (d)
 
 5                shall not be construed to prohibit practitioners
 
 6                licensed under chapter 453, 455, or 460, from
 
 7                performing any act within their respective
 
 8                practices.
 
 9      (2)  Sexual assault in the third degree is a class C
 
10 felony."
 
11      SECTION 4.  Section 707-733.5, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "[707-733.5]  Continuous sexual assault of a minor under
 
14 the age of fourteen years.(1)  Any person who:
 
15           (a)  Either resides in the same home with a minor under
 
16                the age of [fourteen]sixteen years or has
 
17                recurring access to the minor; and
 
18           (b)  Engages in three or more acts of sexual
 
19                penetration or sexual contact with the minor over
 
20                a period of time, but while the minor is under the
 
21                age of [fourteen]sixteen years,
 
22 is guilty of the offense of continuous sexual assault of a minor
 
23 under the age of [fourteen]sixteen years.
 

 
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 1      (2)  To convict under this section, the trier of fact, if a
 
 2 jury, need unanimously agree only that the requisite number of
 
 3 acts have occurred; the jury need not agree on which acts
 
 4 constitute the requisite number.
 
 5      (3)  No other felony sex offense involving the same victim
 
 6 may be charged in the same proceeding with a charge under this
 
 7 section, unless the other charged offense occurred outside the
 
 8 time frame of the offense charged under this section or the other
 
 9 offense is charged in the alternative.  A defendant may be
 
10 charged with only one count under this section unless more than
 
11 one victim is involved, in which case a separate count may be
 
12 charged for each victim.
 
13      (4)  Continuous sexual assault of a minor under the age of
 
14 [fourteen]sixteen years is a class A felony."
 
15      SECTION 5.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 6.  This Act shall take effect upon its approval.
 
18 
 
19                       INTRODUCED BY:  ___________________________