Hawaii's Sexual Assault Statutes

Part V. Sexual Offenses

§707-730 Sexual assault in the first degree.

1. A person commits the offense of sexual assault in the first degree if:
   1. The person knowingly subjects another person to an act of sexual penetration by strong compulsion;
   2. The person knowingly engages in sexual penetration with another person who is less than fourteen years old; or
   3. The person knowingly engages in sexual penetration with a person who is at least fourteen years old but less than sixteen years old; provided that:
      1. The person is not less than five years older than the minor; and
      2. The person is not legally married to the minor.
      Paragraphs (b) and (c) shall not be construed to prohibit practitioners licensed under chapter 453, 455, or 460, from performing any act within their respective practices.
2. Sexual assault in the first degree is a class A felony. [L 1986, c 314, pt of §57; am L 1987, c 181, §9; am L Sp 2001 2d, c 1, §§1, 7; am L 2002, c 36, §3; am L 2003, c 62, §1; am L 2004, c 10, §15]

§707-731 Sexual assault in the second degree.

1. A person commits the offense of sexual assault in the second degree if:
   1. The person knowingly subjects another person to an act of sexual penetration by strong compulsion;
   2. The person knowingly subjects to sexual penetration another person who is mentally defective, mentally incapacitated, or physically helpless; or
   3. The person, while employed:
      1. In a state correctional facility;
      2. By a private company providing services at a correctional facility;
      3. By a private company providing community-based residential services to persons committed to the director of public safety and having received notice of this statute;
      4. By a private correctional facility operating in the State of Hawai`i; or
      5. As a law enforcement officer as defined in section 710-1000(13),
      knowingly subjects to sexual penetration an imprisoned person, a person confined to a detention facility, a person committed to the director of public safety, a person residing in a private correctional facility operating in the State of Hawai`i, or a person in custody; provided that paragraph (b) and this paragraph shall not be construed to prohibit practitioners licensed under chapter 453, 455, or 460, from performing any act within their respective practices; and further provided that this paragraph shall not be construed to prohibit a law enforcement officer from performing a lawful search pursuant to a warrant or exception to the warrant clause.
2. Sexual assault in the second degree is a class B felony. [L 1986, c 314, pt of §57; am L 1987, c 181, §10; am L 1997, c 366, §1; am L 2002, c 36, §1; am L 2004, c 61, §4]

§707-732 Sexual assault in the third degree.

1. A person commits the offense of sexual assault in the third degree if:
   1. The person recklessly subjects another person to an act of sexual penetration by compulsion;
   2. The person knowingly subjects to sexual contact another person who is less than fourteen years old or causes such a person to have sexual contact with the person;
   3. The person knowingly engages in sexual contact with a person who is at least fourteen years old but less than sixteen years old or causes the minor to have sexual contact with the person; provided that:
      1. The person is not less than five years older than the minor; and
      2. The person is not legally married to the minor;
   4. The person knowingly subjects to sexual contact another person who is mentally defective, mentally incapacitated, or physically helpless, or causes such a person to have sexual contact with the actor;
   5. The person, while employed:
      1. In a state correctional facility;
      2. By a private company providing services at a correctional facility;
      3. By a private company providing community-based residential services to persons committed to the director of public safety and having received notice of this statute;
      4. By a private correctional facility operating in the State of Hawai`i; or
      5. As a law enforcement officer as defined in section 710-1000(13),
      knowingly subjects to sexual contact an imprisoned person, a person confined to a detention facility, a person committed to the director of public safety, a person residing in a private correctional facility operating in the State of Hawai`i, or a person in custody, or causes the person to have sexual contact with the actor; or
   6. The person knowingly, by strong compulsion, has sexual contact with another person or causes another person to have sexual contact with the actor.
   Paragraphs (b), (c), (d), and (e) shall not be construed to prohibit practitioners licensed under chapter 453, 455, or 460, from performing any act within their respective practices; provided further that paragraph (e)(v) shall not be construed to prohibit a law enforcement officer from performing a lawful search pursuant to a warrant or an exception to the warrant clause.
2. Sexual assault in the third degree is a class C felony.

§707-733 Sexual assault in the fourth degree.

1. A person commits the offense of sexual assault in the fourth degree if:
1. The person knowingly subjects another person to sexual contact by compulsion or causes another person to have sexual contact with the actor by compulsion;
2. The person knowingly exposes the person's genitals to another person under circumstances in which the actor's conduct is likely to alarm the other person or put the other person in fear of bodily injury; or
3. The person knowingly trespasses on property for the purpose of subjecting another person to surreptitious surveillance for the sexual gratification of the actor.
2. Sexual assault in the fourth degree is a misdemeanor.
3. Whenever a court sentences a defendant for an offense under this section, the court may order the defendant to submit to a pre-sentence mental and medical examination pursuant to section 706-603. [L 1986, c 314, pt of §57; am L 1991, c 214, §1]

[§707-733.5] Continuous sexual assault of a minor under the age of fourteen years.

[Section repealed and replaced with a new section on ratification of amendment to Article I of the St. Const. L 2004, c 60.]
1. Any person who:
   1. Either resides in the same home with a minor under the age of fourteen years or has recurring access to the minor; and
   2. Engages in three or more acts of sexual penetration or sexual contact with the minor over a period of time, but while the minor is under the age of fourteen years, is guilty of the offense of continuous sexual assault of a minor under the age of fourteen years.
2. To convict under this section, the trier of fact, if a jury, need unanimously agree only that the requisite number of acts have occurred; the jury need not agree on which acts constitute the requisite number.
3. No other felony sex offense involving the same victim may be charged in the same proceeding with a charge under this section, unless the other charged offense occurred outside the time frame of the offense charged under this section or the other offense is charged in the alternative. A defendant may be charged with only one count under this section unless more than one victim is involved, in which case a separate count may be charged for each victim.
4. Continuous sexual assault of a minor under the age of fourteen years is a class A felony. [L 1997, c 379, §2]

§707-734 Indecent exposure.

1. A person commits the offense of indecent exposure if, the person intentionally exposes the person's genitals to a person to whom the person is not married under circumstances in which the actor's conduct is likely to cause affront.
2. Indecent exposure is a petty misdemeanor. [L 1986, c 314, pt of §57; am L 1991, c 214, §2]

§707-741 Incest.

1. A person commits the offense of incest if the person commits an act of sexual penetration with another who is within the degrees of consanguinity or affinity within which marriage is prohibited.
2. Incest is a class C felony. [L 1972, c 9, pt of §1; am L 1987, c 176, §1; gen ch 1992]