Hawaii Sex Offenses and Why They are Different

Sexual offenses in Hawaii are different from any other crimes that violate criminal laws in the state. This is due to complications involved in sexual crimes. Some offenders may sometimes be involved due to a lack of proper understanding of sexual laws in Hawaii. In other instances, the victim may make false accusations due to personal motives. As a result, the judiciary treats these crimes seriously. 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 broken down into different degrees based on the severity of the crime.

What is 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 how the sexual assault was conducted and the age of the victim.

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 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 that 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 that is aged fourteen years or less
• With a child between the ages of fourteen and sixteen when that person is no lesser than five years older
• With an individual that is incapacitated mentally
• With an individual that 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 that is between the ages of fourteen and sixteen, where the perpetrator is no less than five years older
• Sexually touching an individual that is mentally incapacitated
• When an officer at a detention facility touches an inmate sexually

Fourth-degree sexual assault (Misdemeanor): As stated in section 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 jail time 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 peep on another individual

Repeated sexual assault of a child (less than fourteen years of age): This is when a person that 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 that is not a partner in an attempt to cause an affront. This is described in Section 707–734.

Incest: This is when an individual sexually penetrates another related by affinity or consanguinity where marriage is prohibited. This is described in section 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 section 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 section 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. Section 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 can look-up Hawaii sex offenders using the Hawaii sex offender search. Also, individuals may 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 will also access the information. Alternatively, individuals can obtain the documents In-Person by contacting the office of the sheriff 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 be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

What are the Sex Offender Restrictions in Hawaii?

Pursuant to state’s statutes, sexual/covered offenders in Hawaii are not allowed to take up residence within a thousand 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 do not place any living restrictions on the sex offenders in the state.