2009 Hawaii Code
Volume 14
TITLE 37 - HAWAII PENAL CODE
CHAPTER 712 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS
§712-1217 - Open lewdness.

     §712-1217  Open lewdness.  (1)  A person commits the offense of open lewdness if in a public place the person does any lewd act which is likely to be observed by others who would be affronted or alarmed.

     (2)  Open lewdness is a petty misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]

 

Cross References

 

  Indecent exposure, see §707-734.

 

COMMENTARY ON §712-1217

 

  This section penalizes open lewdness which does not amount to a sexual offense under Chapter 707 of this Code, but which "amounts to gross flouting of community standards in respect to sexuality or nudity in public."[1]  The section does not apply to cult nudism because of the requirement that the act take place when it is known by the actor that the actor's conduct is likely to cause affront or alarm.

 

Case Notes

 

  Section cited as example of statutory crime without requirement of intention or knowledge.  State v. Marley, 54 H. 450, 460, 509 P.2d 1095 (1973).

  Intentional exposure of a person's private parts to public view is a lewd act.  61 H. 62, 597 P.2d 10; 61 H. 68, 597 P.2d 13; 61 H. 70, 597 P.2d 15.

  Female breasts are not private parts or genitalia, and exposure thereof under existing circumstances was not a lewd act under statute.  61 H. 68, 597 P.2d 13.

  "Public place" construed.  61 H. 187, 600 P.2d 1379.

  No double jeopardy for convictions under this section and §707-734.  8 H. App. 535, 813 P.2d 335.

  Defendant's act occurred in "public place" as it was likely to be seen by any number of casual observers.  81 H. 99 (App.), 912 P.2d 596.

 

__________

§712-1217 Commentary:

 

1.  M.P.C., Tentative Draft No. 13, comments at 82 (1961).