Hawaii Sex Offenses and Why They Are Different

Sexual offenses in Hawaii are distinct from other violations of the state’s criminal code because of the unique complexities that surround them. The statutes governing consent and prohibited conduct are nuanced, and some individuals break the law because they misunderstand the provisions of Hawaii's sexual laws. Conversely, allegations may occasionally be fabricated for personal reasons. Given the potential for misunderstanding and the gravity of the harm involved, Hawaii courts generally handle sex-crime cases with exceptional rigor. Generally, sexual crimes refer to any act that includes improper sexual contact, rape, or any form of non-consensual intercourse perpetrated by coercion, intimidation, or force. The sexual laws of Hawaii are typically broken down into different degrees based on the severity of the crime.

What is a Hawaii Sex Crime?

In Hawaii, sexual crimes are generally grouped under four classes/degrees of sexual assault. Although crimes such as statutory rape and rape previously came with separate charges, almost all of them are now classified under sexual assault. The factors determining the gravity of the charges include the manner in which the sexual assault occurred and the victim's age.

Sexual assault generally involves subjecting a physically helpless or mentally incapacitated person to sexual penetration or contact through:

• Strong compulsion
• Substances
• Threats

Statutory rape refers to sexual penetration or contact with a child that is less than 14 years old (consent is immaterial). In cases where the child is between ages 14–16 and the perpetrator is five years older, that is also considered statutory rape according to Section 707–730 of the Hawaii Statutes.

Hawaii sexual crimes may also include kidnapping with intent to sexually assault, soliciting a minor to partake in any form of sexual conduct, violation of privacy (under section 707–730), and more.

What are the Different Types of Sex Offenses?

The following are the types of sex offenses in Hawaii:

First-degree sexual assault (Class A Felony): As stated in Section 707–730, an individual who has sexually penetrated another party in any of the situations below would be guilty of this crime and, if convicted, would face as much as a 20-year jail-time along with a fine of $50,000.

• Through the use of force or compulsion
• With a child who is aged fourteen years or less
• With a child between the ages of 14 and 16, when that person is at least 5 years older
• With an individual who is mentally incapacitated
• With an individual who was drugged

Second-degree sexual assault (Class B Felony): As stated in section 707–731, an individual that has sexually penetrated another party in any of the situations below would be guilty of Hawaii second degree sexual assault and, if convicted, would face as much as ten year jail time along with a fine of $25,000.

• Using force or compulsion
• With a physically helpless individual
• With a prisoner where the perpetrator is an officer at a detention facility

Third-degree sexual assault (Class C Felony): As stated in section 707–732, an individual that has had sexual contact with another party in any of the situations below would be guilty of this crime and, if convicted, could face as much as a five year jail time along with a fine of $10,000.

• By means of force or compulsion
• Sexually touching a child below fourteen years of age
• Sexually touching a child who is between the ages of fourteen and sixteen, where the perpetrator is no less than five years older
• Sexually touching an individual who is mentally incapacitated
• When an officer at a detention facility touches an inmate sexually

Fourth-degree sexual assault (Misdemeanor): As stated in sections 707–733, an individual engaging in any of the acts below for sexual gratification would be guilty of fourth-degree sexual assault and, if convicted, could face as much as one year in jail along with a fine of $2,000.

• Forcefully touching another person sexually
• Displaying the genitals in a lewd or lascivious manner to another person
• Trespassing while trying to peek at another individual

Repeated sexual assault of a child (less than fourteen years of age): This is when a person who shares a residence with a minor engages in multiple acts of either sexual touching or penetration with the minor. This is described in Section 707–733.6.

Indecent exposure: This is when an individual intentionally displays the genitals to another person who is not a partner in an attempt to cause an affront. This is described in Sections 707–734.

Incest: This is when an individual sexually penetrates another related by affinity or consanguinity where marriage is prohibited. This is described in sections 707–741.

Promoting child abuse: This crime is about knowing or having reason to produce or participate in creating any form of child pornography. This is described in sections 707–750.

Electronic enticement of a child: This is using any technology in communication with a minor to facilitate or aid a felony crime. This is described in sections 707–756.

Indecent electronic display to a child: This is when an individual displays the genitals or masturbates live on the internet or any other electronic device, knowing that a minor (under 18) might be watching. Sections 707–759 of the statutes describe this crime.

Sex Offender Levels of Classification in Hawaii

In Hawaii, sexual offenses are classified into three tiers in line with the National SORNA (Sex Offender Registration and Notification Act). The following classifications are structured according to the nature of the offense:

Tier 1 Offenses

• 3rd-degree sexual assault: Section 707–732(l)(e)
• 4th-degree sexual assault: Section 707–733(l)(a)
• Promoting Child Abuse (3rd degree): Section 707–752
• Indecent Electronic Display to a minor: Section 707–759
• 1st-degree unlawful imprisonment: Section 707–721
• 2nd-degree unlawful imprisonment: Section 707–722
• 3rd degree sexual assault: Section 707–732(l)(d)(e)(f)
• Promoting child abuse (2nd degree): Section 707–757
• 3rd-degree sexual assault: Section 707–732(d)(e)(f)

Tier 2 Offenses

• Kidnapping with intention to sexually assault: Section 707–720
• 2nd degree sexual assault: Section 707–73l(l)(c)
• 3rd degree sexual assault: Section 707–732(l)(c)
• Promoting Child Abuse (1st degree): Section 707–750
• Promoting Child Abuse (2nd degree): Section 707–751
• Electronic Enticement of a minor (1st degree): Section 707–756
• Promoting Prostitution (1st degree): Section 707–1202(l)(b)
• Promoting Prostitution (2nd degree): Section 707–1203(1)(b)
• 1st degree sexual assault: Section 707–730(l)(c)
• 2nd degree sexual assault: Section 707–73l(l)(c)

Tier 3 Offenses

• Kidnapping of child (non-parental): section 707–720
• 1st degree sexual assault: Section 707–730 (a).(b), (d), (e)
• 2nd degree sexual assault: Section 707–73l(l)(a).(b)
• 3rd degree sexual assault: Section 707–732(l)(a),(b) (f)

How Do I Find A Sex Offender Near Me in Hawaii?

Interested parties may look up Hawaii sex offenders using the Hawaii sex offender search. Individuals may also subscribe to the portal to get notifications whenever an offender moves into the region. If sex offenders residing in the area update their details, subscribers may also access the information. Alternatively, individuals may obtain the documents in person by contacting the sheriff's office in their county.

Hawaii Sex Offender Registry

The Hawaii criminal justice data center provides the covered offender search to enable access to sex offender records in the state. The website makes sexual offender information, such as name, images, location, status, physical features, race, and crime report, available to interested parties.

Records that are considered public may also be accessible from some third-party websites. These websites streamline the inquiry process since they aggregate records from various geographic locations and allow users to perform multi-record searches. To search using a third-party site, interested parties are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the document or person involved

These sites operate independently of government sources and are not sponsored by government agencies. Thus, the accuracy and validity of these records may not be guaranteed. 

What are the Sex Offender Restrictions in Hawaii?

Pursuant to the state’s statutes, sexual/covered offenders in Hawaii are not allowed to take up residence within a 1000 feet of any:

• Private or public school
• A park for children
• Playground
• A child-care facility

This is a new bill in the state, as the former laws did not place any living restrictions on the sex offenders in the state.