Minors; Sexual Exploitation

Establishes commercial sexual exploitation of a minor as a class
B offense.

THE SENATE                              S.B. NO.           2076
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that the commercial sexual
 2 exploitation of minors -- most of whom are female -- is happening
 3 in Hawaii at an alarming rate.  Unsuspecting adolescents are
 4 being recruited, coerced, and manipulated into providing sexual
 5 services for adults' profits.  This is not a choice that
 6 adolescents are capable of making.  Some of the harmful effects
 7 of youth being exploited include the abuse of alcohol or drugs;
 8 depression; suicide; eating disorders; physical, sexual,
 9 emotional, and financial abuse; psychological trauma; HIV and
10 other sexually transmitted diseases; incarceration; and other
11 harmful effects, which may continue into adulthood.
12      The legislature finds that the people who exploit minors for
13 commercial purposes -- whether hiring them to work as exotic
14 dancers, perform sexual or nude massages, sending them sexually
15 graphic e-mail or internet messages, or engaging in "sexual
16 trafficking" across county lines -- should be held accountable
17 for their crimes.  Moreover, employers who sexually exploit
18 minors should have the responsibility of proving that the persons
19 they hired to work as exotic dancers, for example, were of legal

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 1 age.  The legislature finds that this Act will help to protect
 2 the health, safety, and welfare of minors in this State from
 3 commercial sexual exploitation.
 4      SECTION 2.  Chapter 712, Hawaii Revised Statutes, is amended
 5 by adding a new section to be appropriately designated and to
 6 read as follows:
 7      "712-    Commercial sexual exploitation of a minor.  (1)  A
 8 person commits the offense of commercial sexual exploitation of a
 9 minor if the person knowingly uses a minor for sexual purposes in
10 exchange for cash or in-kind favors, between the minor and
11 customer, agent, intermediary, or others who profit from this
12 act, including:
13      (a)  Employing, on either a full-time, part-time, or casual
14           basis, a minor as an exotic dancer or for the purpose
15           of providing sexual or nude massages to customers;
16      (b)  Engaging in computer exploitation of a minor; or
17      (c)  Coercing a minor to relocate from one county to another
18           county within this State to engage in either
19           prostitution or activities described in paragraph (a).
20      (2)  Commercial sexual exploitation of a minor is a class B
21 felony.
22      (3)  If the employer of a person hired to perform the
23 activities described in subsection (1) alleges as a defense that

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 1 the hired person was at least eighteen years of age, then the
 2 employer shall have the burden of proving by a preponderance of
 3 the evidence that the person employed was of the age claimed by
 4 the employer in any civil or criminal proceeding.
 5      (4)  Prosecution under this act shall not require the
 6 consent of a person under the age of eighteen to any act
 7 described in subsection (1).
 8      (5)  Acts that may serve as evidence in support of a claim
 9 under subsection (1)(c) include those acts or omissions specified
10 in section 663J-4(1) to (15).
11      (6)  It shall be a defense in any prosecution under
12 subsection (1)(b) that the act charged was committed in the aid
13 of legitimate scientific or educational purposes.
14      (7)  It does not constitute a violation of this section for
15 an internet service provider, or commercial online service
16 provider, to carry, broadcast, or transmit messages described in
17 this section or perform related activities in providing internet
18 or commercial online services.
19      (8)  As used in this section, unless the context clearly
20 requires otherwise:
21      "Computer exploitation of a minor" means to knowingly
22 distribute, send, cause to be sent, exhibit, or offer to
23 distribute or exhibit by electronic mail, the internet, or a

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 1 commercial online service, any harmful matter to a minor with the
 2 intent of arousing, appealing to, or gratifying the lust,
 3 passions, or sexual desires of that person or of a minor.
 4      "Exotic dancer" means a person who performs or entertains in
 5 the nude at a nude dancing nightclub.  The term includes any such
 6 person, whether compensated or uncompensated, and includes
 7 patrons participating in a contest or receiving instruction in
 8 the art of nude dancing.
 9      "Minor" means any person who has not attained the age of
10 eighteen years.
11      "Nude" means unclothed or in such attire as to expose to
12 view any portion of the pubic hair, anus, cleft of the buttocks,
13 genitals, or any portion of the female breast below the top of
14 the areola.
15      "Nude dancing nightclub" means any commercial business
16 establishment at which one or more exotic dancers perform for or
17 provide entertainment to patrons.
18      "Prostitution" has the same meaning as defined in section
19 712-1200."
20      SECTION 3.  Section 712-1202, Hawaii Revised Statutes, is
21 amended by amending subsection (1) to read as follows:
22      "(1)  A person commits the offense of promoting prostitution
23 in the first degree if the person knowingly:

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 1      (a)  Advances prostitution by compelling a person by
 2           criminal coercion to engage in prostitution, or profits
 3           from such coercive conduct by another; or
 4      (b)  Advances or profits from prostitution of a person less
 5           than [sixteen] eighteen years old."
 6      SECTION 4.  Section 712-1203, Hawaii Revised Statutes, is
 7 amended by amending subsection (1) to read as follows:
 8      "(1)  A person commits the offense of promoting prostitution
 9 in the second degree if the person knowingly[:
10      (a)  Advances or] profits from prostitution by managing,
11           supervising, controlling, or owning, either alone or in
12           association with others, a house of prostitution or a
13           prostitution business or enterprise involving
14           prostitution activity by two or more prostitutes[; or
15      (b)  Advances or profits from prostitution of a person less
16           than eighteen years old]."
17      SECTION 5.  This Act does not affect rights and duties that
18 matured, penalties that were incurred, and proceedings that were
19 begun, before its effective date.
20      SECTION 6.  If any provision of this Act, or the application
21 thereof to any person or circumstance is held invalid, the
22 invalidity does not affect other provisions or applications of
23 the Act which can be given effect without the invalid provision

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 1 or application, and to this end the provisions of this Act are
 2 severable.
 3      SECTION 7.  Statutory material to be repealed is bracketed.
 4 New statutory material is underscored.
 5      SECTION 8.  This Act shall take effect upon its approval.
 7                              INTRODUCED BY:______________________