2023 Hawaii Revised Statutes
Title 37. Hawaii Penal Code
712. Offenses Against Public Health and Morals
712-1209 Commercial sexual exploitation near schools or public parks.
§712-1209 Commercial sexual exploitation near schools or public parks. (1) A person commits the offense of commercial sexual exploitation near schools or public parks if, within seven hundred fifty feet of a school or public park, the person provides, agrees to provide, or offers to provide a fee or anything of value to another person to engage in sexual conduct.
(2) Commercial sexual exploitation near schools or public parks is a misdemeanor.
(3) For purposes of this section:
"School" has the same meaning as in section 712-1249.6(6).
"Sexual conduct" has the same meaning as in section 712-1200(2). [L 2011, c 74, §1; am L 2021, c 68, §8]
COMMENTARY ON §712-1209
Act 74, Session Laws 2011, added this section, establishing a misdemeanor offense for solicitation of prostitution near schools or public parks if, within seven hundred fifty feet of a school or a public park, a person offers or agrees to pay a fee to another person to engage in sexual conduct. Act 74 was a means of ensuring that the public was not subjected to viewing acts of prostitution near schools and public parks, where children are often present. Senate Standing Committee Report No. 1104, Conference Committee Report No. 68.
Act 68, Session Laws 2021, amended this section to: (1) rename the offense to reference commercial sexual exploitation; and (2) provide that the compensation for engaging in sexual conduct includes anything of value. 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.
