2013 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
709. Offenses Against the Family and Against Incompetents
709-904.5 Compensation by an adult of juveniles for crimes; grade or class of offense increased.
§709-904.5 Compensation by an adult of juveniles for crimes; grade or class of offense increased. (1) A person other than a juvenile commits the offense of compensation of a juvenile for a crime if the person intentionally or knowingly compensates, offers to compensate, or agrees to compensate any juvenile for the commission of any criminal offense.
(2) Any person convicted of compensating, offering to compensate, or agreeing to compensate a juvenile for the commission of a:
(a) Petty misdemeanor shall be deemed guilty of a misdemeanor;
(b) Misdemeanor shall be deemed guilty of a class C felony;
(c) Class C felony shall be deemed guilty of a class B felony;
(d) Class B or class A felony shall be deemed guilty of a class A felony.
(3) It is not a defense to a prosecution under subsection (1) that the accused had no knowledge of the juvenile's age. The intent is to impose absolute liability with respect to the element of the other person's being less than eighteen years old.
(4) For the purposes of this section, the following terms have the following meanings:
"Compensate" means to confer any benefit or pecuniary benefit.
"Juvenile" means any person under eighteen years of age. [L 1986, c 314, §72]
Section was enacted as addition to chapter 710.
COMMENTARY ON §709-904.5
Act 314, Session Laws 1986, provided for enhanced sentences for an adult offering to pay a juvenile to commit a crime. This offense is aimed at deterring adults from inducing juveniles to engage in criminal activity, a practice frequently used because juveniles are generally given lesser sentences than those for adults for the same crime. Conference Committee Report No. 51-86.
Defendant could not be convicted for compensating juvenile for defendant's commission of sexual assault against juvenile. 85 H. 92 (App.), 937 P.2d 933 (1997).
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