2019 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
712. Offenses Against Public Health and Morals
712-1209.1 Solicitation of a minor for prostitution.
§712-1209.1 Solicitation of a minor for prostitution. (1) A person eighteen years of age or older commits the offense of solicitation of a minor for prostitution if the person intentionally, knowingly, or recklessly offers or agrees to pay a fee to a minor or to a member of a police department, a sheriff, or a law enforcement officer who represents that person's self as a minor to engage in sexual conduct.
(2) Solicitation of a minor for prostitution is a class C felony.
(3) A person convicted of committing the offense of solicitation of a minor for prostitution shall be imposed a fine of not less than $5,000; provided that $5,000 of the imposed fine shall be credited to the general fund.
(4) This section shall not apply to any member of a police department, a sheriff, or a law enforcement officer who offers or agrees to pay a fee to a minor while acting in the course and scope of duties.
(5) The state of mind requirement for this offense is not applicable to the fact that the person solicited was a minor. A person is strictly liable with respect to the attendant circumstance that the person solicited was a minor.
(6) For purposes of this section:
"Minor" means a person who is less than eighteen years of age.
"Sexual conduct" has the same meaning as in section 712-1200(2). [L 2013, c 247, §1; am L 2014, c 114, §4]
COMMENTARY ON §712-1209.1
Act 247, Session Laws 2013, added this section, establishing the offense of solicitation of a minor for prostitution as a class C felony for offenders eighteen years of age or older. Act 247 also established a mandatory fine for a person convicted of the offense of solicitation of a minor for prostitution. The legislature found that Act 247 strengthened the laws and penalties for crimes that exploit children subjected to prostitution. Conference Committee Report No. 64.
Act 114, Session Laws 2014, amended this section by: (1) clarifying that the offense of solicitation of a minor for prostitution applies to intentional, knowing, or reckless conduct; (2) specifying that the offense applies to solicitation of a person who represents that person's self as a minor only if that person is a member of a police department, a sheriff, or a law enforcement officer; (3) increasing the minimum fine imposed on a person convicted of the offense; (4) providing an exemption for law enforcement acting in the course and scope of duties; and (5) making the offense of solicitation of a minor for prostitution a strict liability offense in regards to age. The legislature unequivocally intended the solicitation of a minor for prostitution to be a strict liability offense with regard to the age of the minor. Any specified state of mind listed therein does not apply to the age of a victim solicited under this section. Therefore, a defendant charged under this section may not defend as to the defendant's state of mind concerning the age of the victim, and will be strictly liable with respect to the age of the victim and the attendant circumstance of the victim's age. Conference Committee Report No. 41-14, Senate Standing Committee Report No. 3249.
