2023 Hawaii Revised Statutes
Title 37. Hawaii Penal Code
712. Offenses Against Public Health and Morals
712-1200.5 Commercial sexual exploitation.
§712-1200.5 Commercial sexual exploitation. (1) A person commits the offense of commercial sexual exploitation if the person provides, agrees to provide, or offers to provide a fee or anything of value to another to engage in sexual conduct.
(2) As used in this section, "sexual conduct" has the same meaning as in section 712-1200(2).
(3) Except as provided in subsection (4), commercial sexual exploitation is a petty misdemeanor.
(4) Commercial sexual exploitation is a class C felony if the person who commits the offense under subsection (1) does so in reckless disregard of the fact that the person exploited is a victim of sex trafficking.
(5) A person convicted of committing the offense of commercial sexual exploitation as a petty misdemeanor shall be sentenced as follows:
(a) For the first offense, a fine of no less than $500 but no more than $1,000 and the person may be sentenced to a term of imprisonment of no more than thirty days or probation; provided that in the event the convicted person defaults in payment of the fine, and the default was not contumacious, the court may order conversion of the unpaid portion of the fine to community service as authorized by section 706-605(1);
(b) For any subsequent offense, a fine of no less than $500 but no more than $1,000 and a term of imprisonment or probation of no more than thirty days, without possibility of suspension of sentence; and
(c) For purposes of this subsection, the court may impose as a condition of probation that the defendant complete a course of exploitation intervention classes; provided that the court shall only impose the condition for one term of probation.
(6) This section shall not apply to any member of a police department, a sheriff, or a law enforcement officer acting in the course and scope of duties; provided that the member of a police department, sheriff, or law enforcement officer is engaging in undercover operations; provided further that under no circumstances shall sexual contact initiated by a member of a police department, sheriff, or law enforcement officer; sexual penetration; or sadomasochistic abuse be considered to fall within the course and scope of duties. [L 2021, c 68, §2]
COMMENTARY ON §712-1200.5
Act 68, Session Laws 2021, established this section to create a separate commercial sexual exploitation offense for those who provide anything of value to engage in sexual conduct. The legislature found that sex trafficking is an ever-evolving criminal enterprise in which traffickers and exploiters find various means to sexually exploit the most vulnerable in the community. The legislature further found that protecting victims from sexual exploitation and holding offenders accountable is difficult given the disparity in power between the victims and perpetrators, and that amending Hawaii's sex trafficking laws to better reflect the current reality and challenges would improve outcomes for trafficking victims and survivors. Senate Standing Committee Report No. 1654, Conference Committee Report No. 45.
