2012 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
712. Offenses Against Public Health and Morals
712-1213 Displaying indecent material; prima facie evidence.
§712-1213 Displaying indecent material; prima facie evidence. The fact that a person engaged in the conduct specified by section 712-1211 is prima facie evidence that the person engaged in that conduct with knowledge of or in reckless disregard of the character, content, or connotation of the material which is displayed. [L 1972, c 9, pt of §1; am L 1987, c 176, §5]
Cross References
Prima facie evidence, see §701-117.
COMMENTARY ON §712-1213
This section is derived from the proposed statute in Richard Kuh's influential book on pornography.[1] The purpose of the section is to ease the burden on the prosecutor of making a prima facie case on the issue of mens rea in cases involving violation of §712-1211. It makes proof of a prohibited display prima facie evidence of the requisite state of mind; however, it does not change the prosecutor's ultimate burden of proof beyond a reasonable doubt.
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§712-1213 Commentary:
1. Kuh, Foolish Figleaves? 267 (1967).
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