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chapter-707•Hawaii Revised Statutes, Chapter 707 — Offenses Against the Person
chapter-707Haw. Rev. Stat. ch. 707CodeJan 1, 1972
Division 5. Crimes and Criminal Proceedings — Title 37. Hawaii Penal Code
Hawaii Revised Statutes as published by the Hawaii State Legislature (files updated 1/5/2026 7:15 PM).
In this chapter, unless a different meaning plainly is required:
"Bodily injury" means physical pain, illness, or any impairment of physical condition.
"Compulsion" means absence of consent, or a threat, express or implied, that places a person in fear of public humiliation, property damage, or financial loss.
"Dangerous instrument" means any firearm, whether loaded or not, and whether operable or not, or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury.
"Deviate sexual intercourse" means any act of sexual gratification between a person and an animal or a corpse, involving the sex organs of one and the mouth, anus, or sex organs of the other.
"Emergency worker" means any:
(1) Law enforcement officer, including any police officer, employee of the department of law enforcement conferred with police powers by the director of law enforcement, parole or probation officer, or any other officer of any county, state, federal, or military agency authorized to exercise law enforcement or police powers;
(2) Firefighter, emergency medical services personnel, emergency medical technician, ambulance crewmember, or any other emergency response personnel;
(3) Member of the Hawaii National Guard on any duty or service done under or in pursuance of an order or call of the governor or the President of the United States or any proper authority;
(4) Member of the United States Army, Air Force, Navy, Marine Corps, or Coast Guard on any duty or service performed under or in pursuance of an order or call of the President of the United States or any proper authority;
(5) Member of the National Guard from any other state ordered into service by any proper authority; or
(6) Person engaged in emergency management functions as authorized by the director of Hawaii emergency management or the administrator or director of the county emergency management agency or as otherwise authorized under chapter 127A.
"Labor" means work of economic or financial value.
"Married" includes persons legally married, and a male and female living together as husband and wife regardless of their legal status, but does not include spouses living apart.
"Mentally defective" means a person suffering from a disease, disorder, or defect which renders the person incapable of appraising the nature of the person's conduct.
"Mentally incapacitated" means a person rendered temporarily incapable of appraising or controlling the person's conduct as a result of the influence of a substance administered to the person without the person's consent.
"Person" means a human being who has been born and is alive.
"Physically helpless" means a person who is unconscious or for any other reason physically unable to communicate unwillingness to an act.
"Public highway" shall have the same meaning as in section 264-1.
"Relative" means parent, ancestor, brother, sister, uncle, aunt, or legal guardian.
"Restrain" means to restrict a person's movement in such a manner as to interfere substantially with the person's liberty:
(1) By means of force, threat, or deception; or
(2) If the person is under the age of eighteen or incompetent, without the consent of the relative, person, or institution having lawful custody of the person.
"Serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
"Services" means a relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor. Prostitution-related and obscenity-related activities as set forth in chapter 712 are forms of "services" under this section. Nothing in this chapter shall be construed to legitimize or legalize prostitution.
"Sexual contact" means any touching, other than acts of "sexual penetration", of the sexual or other intimate parts of another, or of the sexual or other intimate parts of the actor by another, whether directly or through the clothing or other material intended to cover the sexual or other intimate parts.
"Sexual penetration" means:
(1) Vaginal intercourse, anal intercourse, fellatio, deviate sexual intercourse, or any intrusion of any part of a person's body or of any object into the genital or anal opening of another person's body; it occurs upon any penetration, however slight, but emission is not required. As used in this definition, "genital opening" includes the anterior surface of the vulva or labia majora; or
(2) Cunnilingus or anilingus, whether or not actual penetration has occurred.
For purposes of this chapter, each act of sexual penetration shall constitute a separate offense.
"Street" shall have the same meaning as in section 291C-1.
"Strong compulsion" means the use of or attempt to use one or more of the following to overcome a person:
(1) A threat, express or implied, that places a person in fear of bodily injury to the individual or another person, or in fear that the person or another person will be kidnapped;
(2) A dangerous instrument; or
(3) Physical force.
"Substantial bodily injury" means bodily injury which causes:
(1) A major avulsion, laceration, or penetration of the skin;
(2) A burn of at least second degree severity;
(3) A bone fracture;
(4) A serious concussion; or
(5) A tearing, rupture, or corrosive damage to the esophagus, viscera, or other internal organs.
"Vehicle" has the same meaning as in section 291E-1.
"Vulnerable user" means:
(1) A pedestrian legally within a street or public highway;
(2) A roadway worker actually engaged in work upon a street or public highway or in work upon utility facilities along a street or public highway, or engaged in the provision of emergency services within a street or public highway, including but not limited to:
(a) Construction and maintenance workers; and
(b) Police, fire, and other emergency responders; or
(3) A person legally operating any of the following within the street or public highway:
(a) A bicycle;
(b) A moped;
(c) An electric foot scooter;
(d) An electric personal assistive mobility device; or
(e) A wheelchair conveyance or other personal mobility device.
[L 1972, c 9, pt of §1; am L 1973, c 136, §6; am L 1980, c 223, §1; am L 1981, c 213, §1; am L 1986, c 314, §48; am L 1987, c 181, §7; gen ch 1993; am L 2001, c 30, §1; am L 2004, c 61, §3; am L 2006, c 116, §4 and c 230, §26; am L 2008, c 147, §1; am L 2012, c 21, §1 and c 316, §1; am L 2014, c 111, §15; am L 2015, c 35, §23; am L 2016, c 231, §32; am L 2021, c 174, §9; am L 2022, c 278, §16]
(1) A person commits the offense of murder in the first degree if the person intentionally or knowingly causes the death of:
(a) More than one person in the same or separate incident;
(b) A law enforcement officer, judge, or prosecutor arising out of the performance of official duties;
(c) A person known by the defendant to be a witness in a criminal prosecution and the killing is related to the person's status as a witness;
(d) A person by a hired killer, in which event both the person hired and the person responsible for hiring the killer shall be punished under this section;
(e) A person while the defendant was imprisoned;
(f) A person from whom the defendant has been restrained, by order of any court, including an ex parte order, from contacting, threatening, or physically abusing pursuant to chapter 586;
(g) A person who is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order;
(h) A person known by the defendant to be a witness in a family court proceeding and the killing is related to the person's status as a witness; or
(i) A person whom the defendant restrained with intent to:
(i) Hold the person for ransom or reward; or
(ii) Use the person as a shield or hostage.
(2) Murder in the first degree is a felony for which the defendant shall be sentenced to imprisonment as provided in section 706-656.
[L 1972, c 9, pt of §1; am L 1986, c 314, §49; am L 2001, c 91, §4; am L 2006, c 230, §27; am L 2011, c 63, §2; am L 2016, c 214, §1]
(1) Except as provided in section 707-701, a person commits the offense of murder in the second degree if the person intentionally or knowingly causes the death of another person; provided that this section shall not apply to actions taken under chapter 327L.
(2) Murder in the second degree is a felony for which the defendant shall be sentenced to imprisonment as provided in section 706-656.
[L 1986, c 314, §50; am L 2018, c 2, §6]
(1) A person commits the offense of manslaughter if:
(a) The person recklessly causes the death of another person; or
(b) The person intentionally causes another person to commit suicide;
provided that this section shall not apply to actions taken under chapter 327L.
(2) In a prosecution for murder or attempted murder in the first and second degrees it is an affirmative defense, which reduces the offense to manslaughter or attempted manslaughter, that the defendant was, at the time the defendant caused the death of the other person, under the influence of extreme mental or emotional disturbance for which there is a reasonable explanation. The reasonableness of the explanation shall be determined from the viewpoint of a reasonable person in the circumstances as the defendant believed them to be; provided that an explanation that is not otherwise reasonable shall not be determined to be reasonable because of the defendant's discovery, defendant's knowledge, or the disclosure of the other person's actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the other person made an unwanted nonforcible romantic or sexual advance toward the defendant, or in which the defendant and the other person dated or had a romantic relationship. If the defendant's explanation includes the discovery, knowledge, or disclosure of the other person's actual or perceived gender, gender identity, gender expression, or sexual orientation, the court shall instruct the jury to disregard biases or prejudices regarding the other person's actual or perceived gender, gender identity, gender expression, or sexual orientation in reaching a verdict.
(3) Manslaughter is a class A felony.
[L 1972, c 9, pt of §1; am L 1987, c 181, §8; am L 1996, c 197, §2; am L 2003, c 64, §1; am L 2006, c 230, §28; am L 2018, c 2, §7; am L 2019, c 149, §1]
(1) A person commits the offense of negligent homicide in the first degree if that person causes the death of:
(a) Another person by the operation of a vehicle in a negligent manner while under the influence of drugs or alcohol; or
(b) A vulnerable user by the operation of a vehicle in a negligent manner.
(2) A person who violates subsection (1)(a) shall be guilty of a class B felony; provided that the person shall be guilty of a class A felony when the person:
(a) Has been convicted one or more times for the offense of operating a vehicle under the influence within fifteen years of the instant offense;
(b) Is, at the time of the instant offense, engaging in conduct that would constitute a violation of section 291E-62; or
(c) Is a highly intoxicated driver as defined by section 291E-1.
(3) A person who violates subsection (1)(b) shall be guilty of a class B felony.
(4) Notwithstanding sections 706-620(2), 706-640, 706-641, 706-659, and any other law to the contrary, the sentencing court may impose a lesser sentence for a person convicted of a class A felony under this section if the court finds that strong mitigating circumstances warrant the action. Strong mitigating circumstances shall include but not be limited to the provisions of section 706-621. The court shall provide a written opinion stating its reasons for imposing the lesser sentence.
(5) For the purposes of this section, a person "has been convicted one or more times for the offense of operating a vehicle under the influence" if the person has one or more:
(a) Convictions under section 291E-4(a), 291E-61, 291E-61.5, or 291E-64;
(b) Convictions in any other state or federal jurisdiction for an offense that is comparable to operating or being in physical control of a vehicle while having either an unlawful alcohol concentration or an unlawful drug content in the blood or urine or while under the influence of an intoxicant or habitually operating a vehicle under the influence of an intoxicant; or
(c) Adjudications of a minor for a law violation that, if committed by an adult, would constitute a violation of section 291E-4(a), 291E-61, or 291E-61.5,
that, at the time of the instant offense, had not been expunged by pardon, reversed, or set aside. All convictions that have been expunged by pardon, reversed, or set aside before the instant offense shall not be deemed prior convictions for the purposes of this section.
[L 1988, c 292, pt of §1; am L 2012, c 316, §2; am L 2022, c 48, §2]
(1) A person commits the offense of negligent homicide in the second degree if that person causes the death of:
(a) Another person by the operation of a vehicle in a negligent manner; or
(b) A vulnerable user by the operation of a vehicle in a manner that constitutes simple negligence as defined in section 707-704(2).
(2) Negligent homicide in the second degree is a class C felony.
[L 1972, c 9, pt of §1; am L 1988, c 292, §2; am L 2012, c 316, §3]
(1) A person is guilty of the offense of negligent homicide in the third degree if that person causes the death of another person by the operation of a vehicle in a manner which is simple negligence.
(2) "Simple negligence" as used in this section:
(a) A person acts with simple negligence with respect to the person's conduct when the person should be aware of a risk that the person engages in that conduct.
(b) A person acts with simple negligence with respect to attendant circumstances when the person should be aware of a risk that those circumstances exist.
(c) A person acts with simple negligence with respect to a result of the person's conduct when the person should be aware of a risk that the person's conduct will cause that result.
(d) A risk is within the meaning of this subsection if the person's failure to perceive it, considering the nature and purpose of the person's conduct and the circumstances known to the person, involves a deviation from the standard of care that a law-abiding person would observe in the same situation.
(3) Negligent homicide in the third degree is a misdemeanor.
[L 1972, c 9, pt of §1; am L 1988, c 292, §3]
(1) A person commits the offense of negligent injury in the first degree if that person causes:
(a) Serious bodily injury to another person by the operation of a vehicle in a negligent manner; or
(b) Substantial bodily injury to a vulnerable user by the operation of a [vehicle] in a negligent manner.
(2) Negligent injury in the first degree is a class C felony.
[L 1988, c 292, pt of §1; am L 2012, c 21, §2 and c 316, §4]
(1) A person is guilty of the offense of negligent injury in the second degree if that person causes substantial bodily injury to another person by the operation of a vehicle in a negligent manner.
(2) Negligent injury in the second degree is a misdemeanor.
[L 1988, c 292, pt of §1; am L 2012, c 21, §3]
(1) A person commits the offense of assault in the first degree if the person intentionally or knowingly causes:
(a) Serious bodily injury to another person; or
(b) Substantial bodily injury to a person who is sixty years of age or older and the age of the injured person is known or reasonably should be known to the person causing the injury.
(2) Assault in the first degree is a class B felony.
[L 1972, c 9, pt of §1; ree L 1986, c 314, §51; gen ch 1993; am L 2021, c 147, §1]
(1) A person commits the offense of assault in the second degree if the person:
(a) Intentionally, knowingly, or recklessly causes substantial bodily injury to another;
(b) Recklessly causes serious bodily injury to another;
(c) Intentionally or knowingly causes bodily injury to a correctional worker, as defined in section 710-1031(2), who is engaged in the performance of duty or who is within a correctional facility;
(d) Intentionally or knowingly causes bodily injury to another with a dangerous instrument;
(e) Intentionally or knowingly causes bodily injury to an educational worker who is engaged in the performance of duty or who is within an educational facility. For the purposes of this paragraph, "educational worker" means any administrator, specialist, counselor, teacher, or employee of the department of education or an employee of a charter school; a person who is a volunteer, as defined in section 90-1, in a school program, activity, or function that is established, sanctioned, or approved by the department of education; or a person hired by the department of education on a contractual basis and engaged in carrying out an educational function;
(f) Intentionally or knowingly causes bodily injury to any emergency medical services provider who is engaged in the performance of duty. For the purposes of this paragraph, "emergency medical services provider" means emergency medical services personnel, as defined in section 321-222, and physicians, physician's assistants, nurses, nurse practitioners, certified registered nurse anesthetists, respiratory therapists, laboratory technicians, radiology technicians, and social workers, providing services in the emergency room of a hospital;
(g) Intentionally or knowingly causes bodily injury to a person employed at a state-operated or -contracted mental health facility. For the purposes of this paragraph, "a person employed at a state-operated or -contracted mental health facility" includes health care professionals as defined in section 451D-2, administrators, orderlies, security personnel, volunteers, and any other person who is engaged in the performance of a duty at a state-operated or -contracted mental health facility;
(h) Intentionally or knowingly causes bodily injury to a person who:
(i) The defendant has been restrained from, by order of any court, including an ex parte order, contacting, threatening, or physically abusing pursuant to chapter 586; or
(ii) Is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order;
(i) Intentionally or knowingly causes bodily injury to any firefighter or water safety officer who is engaged in the performance of duty. For the purposes of this paragraph, "firefighter" has the same meaning as in section 710-1012 and "water safety officer" means any public servant employed by the United States, the State, or any county as a lifeguard or person authorized to conduct water rescue or ocean safety functions;
(j) Intentionally or knowingly causes bodily injury to a person who is engaged in the performance of duty at a health care facility as defined in section 323D-2. For purposes of this paragraph, "a person who is engaged in the performance of duty at a health care facility" includes health care professionals as defined in section 451D-2, physician assistants, surgical assistants, advanced practice registered nurses, nurse aides, respiratory therapists, laboratory technicians, and radiology technicians;
(k) Intentionally or knowingly causes bodily injury to a person who is engaged in providing home health care services, as defined in section 431:10H-201;
(l) Intentionally or knowingly causes bodily injury to a person employed or contracted to work by a mutual benefit society, as defined in section 432:1-104, to provide case management services to an individual in a hospital, health care provider's office, or home, while that person is engaged in the performance of those services;
(m) Intentionally or knowingly causes bodily injury to a person who is sixty years of age or older and the age of the injured person is known or reasonably should be known to the person causing the injury;
(n) Intentionally or knowingly causes bodily injury to a sports official who is engaged in the lawful discharge of the sports official's duties. For the purposes of this paragraph, "sports official" and "lawful discharge of the sports official's duties" have the same meaning as in section 706-605.6;
(o) Intentionally or knowingly causes bodily injury to a national guard member who is engaged in the performance of duty. For purposes of this paragraph, "national guard member" means a member of the national guard on any duty or service done under or in pursuance of an order or call of the governor or the President of the United States or any proper authority as provided by law; or
[(p)] Intentionally or knowingly causes bodily injury to any protective services worker who is engaged in the performance of the worker's duties. For purposes of this paragraph, "protective services worker" means any administrator, specialist, social worker, case manager, or aide employed by the department of human services to investigate or provide services in response to reports of child abuse or neglect, or to investigate or provide services in response to reports of abuse or neglect of a vulnerable adult.
(2) Assault in the second degree is a class C felony.
[L 1972, c 9, pt of §1; am L 1979, c 84, §1; am L 1986, c 314, §52; am L 1987, c 257, §1; am L 1988, c 279, §1; am L 2006, c 230, §29 and c 298, §16; am L 2007, c 9, §19 and c 79, §1; am L 2008, c 100, §7; am L 2010, c 146, §1; am L 2011, c 63, §3 and c 187, §1; am L 2016, c 231, §33; am L 2018, c 147, §1; am L 2021, c 147, §2; am L 2023, c 140, §2; am L 2025, c 8, §1 and c 142, §1]
(1) A person commits the offense of assault in the third degree if the person:
(a) Intentionally, knowingly, or recklessly causes bodily injury to another person; or
(b) Negligently causes bodily injury to another person with a dangerous instrument.
(2) Assault in the third degree is a misdemeanor unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993]
[Section repealed June 30, 2027. L 2024, c 213, §6.] (1) A person commits the offense of habitual violent crime if the person is a habitual violent crime perpetrator and commits:
(a) Assault in the third degree under section 707-712 that is categorized as a misdemeanor;
(b) Assault against a law enforcement officer in the second degree under section 707-712.6;
(c) Sexual assault in the fourth degree under section 707-733; or
(d) Abuse of a family or household member under section 709-906(1).
(2) For the purposes of this section, "habitual violent crime perpetrator" means a person who, within five years of the instant offense, has convictions for any combination of three or more of the following offenses set forth in sections 707-710, 707-711, 707-712, 707-712.5, 707-712.6, 707-730, 707-731, 707-732, 707-733, and 709-906; provided that the convictions were not for offenses categorized as petty misdemeanors. The convictions shall be for separate incidents on separate dates. The prosecution shall not be required to prove any state of mind with respect to the person's status as a habitual violent crime perpetrator. Proof that the person has the requisite minimum prior convictions shall be sufficient to establish this element.
(3) Habitual violent misdemeanor crime is a class C felony.
(4) For a conviction under this section, the sentence shall be either:
(a) An indeterminate term of imprisonment of five years; provided that the minimum term of imprisonment shall be no less than one year; or
(b) A term of probation of five years, with conditions to include but not be limited to one year of imprisonment; provided that probation shall only be available for a first conviction under this section.
[L 2024, c 213, §2]
(1) A person commits the offense of assault against a law enforcement officer in the first degree if the person:
(a) Intentionally or knowingly causes bodily injury to a law enforcement officer who is engaged in the performance of duty; or
(b) Recklessly or negligently causes, with a dangerous instrument, bodily injury to a law enforcement officer who is engaged in the performance of duty.
(2) Assault of a law enforcement officer in the first degree is a class C felony. The court shall, at a minimum, sentence the person who has been convicted of this offense to:
(a) An indeterminate term of imprisonment of five years, pursuant to section 706-660; or
(b) Five years probation, with conditions to include a term of imprisonment of not less than thirty days without possibility of suspension of sentence.
[L 1990, c 192, §1; am L 2003, c 66, §2]
(1) A person commits the offense of assault against a law enforcement officer in the second degree if the person recklessly causes bodily injury to a law enforcement officer who is engaged in the performance of duty.
(2) Assault of a law enforcement officer in the second degree is a misdemeanor. The court shall sentence the person who has been convicted of this offense to a definite term of imprisonment, pursuant to section 706-663, of not less than thirty days without possibility of probation or suspension of sentence.
[L 2003, c 66, §1]
(1) A person commits the offense of assault against an emergency worker if the person, during an emergency period proclaimed by the governor or mayor pursuant to chapter 127A, within the area covered by the emergency or disaster:
(a) Intentionally, knowingly, or recklessly causes serious or substantial bodily injury to an emergency worker; or
(b) Intentionally, knowingly, or recklessly causes bodily injury to an emergency worker with a dangerous instrument.
(2) Assault against an emergency worker is a class B felony.
[L 2006, c 116, §2; am L 2014, c 111, §16]
(1) A person commits the offense of reckless endangering in the first degree if the person employs widely dangerous means in a manner which recklessly places another person in danger of death or serious bodily injury or intentionally fires a firearm in a manner which recklessly places another person in danger of death or serious bodily injury.
(2) Reckless endangering in the first degree is a class C felony.
[L 1972, c 9, pt of §1; am L 1978, c 215, §1; am L 1988, c 285, §1; gen ch 1992]
(1) A person commits the offense of reckless endangering in the second degree if the person:
(a) Engages in conduct that recklessly places another person in danger of death or serious bodily injury; or
(b) Intentionally discharges a firearm in a populated area, in a residential area, or within the boundaries or in the direction of any road, street, or highway; provided that the provisions of this paragraph shall not apply to any person who discharges a firearm upon a target range for the purpose of the target shooting done in compliance with all laws and regulations applicable thereto.
(2) Reckless endangering in the second degree is a misdemeanor.
[L 1972, c 9, pt of §1; am L 1990, c 62, §1; gen ch 1992; am L 2006, c 230, §30]
(1) A person commits the offense of criminally negligent storage of a firearm if:
(a) The person violates section 134-10.5;
(b) The person knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor; and
(c) A minor obtains the firearm.
(2) This section shall not apply if the minor obtains the firearm as a result of an unlawful entry to any premises by any person.
(3) Criminally negligent storage of a firearm shall be a misdemeanor.
(4) For purposes of this section, "minor" means any person under the age of eighteen years.
[L 1992, c 288, §2; am L 2021, c 148, §3; am L 2025, c 22, §4]
A person commits the offense of terroristic threatening if the person threatens, by word or conduct, to cause bodily injury to another person or serious damage or harm to property, including the pets or livestock, of another or to commit a felony:
(1) With the intent to terrorize, or in reckless disregard of the risk of terrorizing, another person; or
(2) With intent to cause, or in reckless disregard of the risk of causing evacuation of a building, place of assembly, or facility of public transportation.
[L 1972, c 9, pt of §1; am L 1979, c 184, §1(1); gen ch 1993; am L 2012, c 214, §1]
(1) A person commits the offense of terroristic threatening in the first degree if the person commits terroristic threatening:
(a) By threatening another person on more than one occasion for the same or a similar purpose;
(b) By threats made in a common scheme against different persons;
(c) Against a public servant arising out of the performance of the public servant's official duties. For the purposes of this paragraph, "public servant" includes but is not limited to an educational worker or protective services worker. "Educational worker" and "protective services worker" have the same meanings as defined in section 707-711;
(d) Against any emergency medical services provider who is engaged in the performance of duty. For purposes of this paragraph, "emergency medical services provider" means emergency medical services personnel, as defined in section 321-222, and physicians, physician's assistants, nurses, nurse practitioners, certified registered nurse anesthetists, respiratory therapists, laboratory technicians, radiology technicians, and social workers, providing services in the emergency room of a hospital;
(e) With the use of a dangerous instrument or a simulated firearm. For purposes of this section, "simulated firearm" means any object that:
(i) Substantially resembles a firearm;
(ii) Can reasonably be perceived to be a firearm; or
(iii) Is used or brandished as a firearm; or
(f) By threatening a person who:
(i) The defendant has been restrained from, by order of any court, including an ex parte order, contacting, threatening, or physically abusing pursuant to chapter 586; or
(ii) Is being protected by a police officer ordering the defendant to leave the premises of that protected person pursuant to section 709-906(4), during the effective period of that order.
(2) Terroristic threatening in the first degree is a class C felony; provided that terroristic threatening in the first degree is a class B felony if committed with a firearm as defined in section 134-1, whether the firearm was loaded or not, and whether operable or not, or a simulated firearm, while in one of the locations or premises listed in section 134-9.1(a).
[L 1979, c 184, pt of §1(2); am L 1989, c 131, §1; gen ch 1992; am L 2006, c 230, §31; am L 2007, c 79, §2; am L 2010, c 146, §2; am L 2011, c 63, §4; am L 2013, c 255, §1; am L 2023, c 52, §11; am L 2025, c 142, §2]
(1) A person commits the offense of terroristic threatening in the second degree if the person commits terroristic threatening other than as provided in section 707-716.
(2) Terroristic threatening in the second degree is a misdemeanor.
[L 1979, c 184, pt of §1(2); gen ch 1993]
[ §707-718] Torture. (1) Any person who knowingly:
(a) Causes serious bodily injury to another person within the actor's custody or physical control;
(b) Causes serious bodily injury or substantial bodily injury to another person, and the actor has previously engaged in a pattern or practice of physically abusing the other person; or
(c) Subjects a minor or vulnerable person to any of the following acts, or to any substantially similar act, on three or more occasions within a period of two years:
(i) Strangling the minor or vulnerable person;
(ii) Biting, branding, burning, cutting, or electrocuting the minor or vulnerable person;
(iii) Suspending the minor or vulnerable person by the wrists, ankles, arms, legs, hair, or other part of the body;
(iv) Depriving the minor or vulnerable person of necessary food, water, or clothing;
(v) Restricting basic and necessary bodily functions required for the personal hygiene of the minor or vulnerable person;
(vi) Forcing the minor or vulnerable person to remain in an area unsuitable for human habitation, such as areas where urine or feces are actively present;
(vii) Forcing the minor or vulnerable person to ingest mind-altering drugs that have not been prescribed by a physician for the minor or vulnerable person, non-potable water, urine, excrement, or poison; or
(viii) Exposing the minor or vulnerable person to extreme temperatures without adequate clothing,
shall be guilty of the offense of torture.
(2) Proof that the victim suffered pain is not an element of a violation of subsection (1)(c).
(3) For purposes of this section:
"Custody or physical control" means the forcible restriction of a person's movements or the forcible confinement of the person so as to interfere with that person's liberty, without that person's consent or without lawful authority.
"Deprives" or "restricts" means to withhold in a manner that materially endangers the physical or mental health of a minor or vulnerable person.
"Minor" means a person under the age of eighteen years.
"Pattern or practice" means two or more acts within a period of two years with a common state of mind.
"Vulnerable person" means a family or household member as defined in section 709-906, an incompetent person as defined in section 709-905, or a person who has a status as described in section 706-662(5)(b)(ii).
(4) Torture is a class A felony.
(5) Where the conduct consists of depriving the minor or vulnerable person of necessary food, water, or clothing, it shall be a defense that the deprivation was caused solely by poverty, destitution, or lack of financial means.
[L 2025, c 147, §2]
(1) A person commits the offense of kidnapping if the person intentionally or knowingly restrains another person with intent to:
(a) Hold that person for ransom or reward;
(b) Use that person as a shield or hostage;
(c) Facilitate the commission of a felony or flight thereafter;
(d) Inflict bodily injury upon that person or subject that person to a sexual offense;
(e) Terrorize that person or a third person;
(f) Interfere with the performance of any governmental or political function; or
(g) Unlawfully obtain the labor or services of that person, regardless of whether related to the collection of a debt.
(2) Except as provided in subsection (3), kidnapping is a class A felony.
(3) In a prosecution for kidnapping, it is a defense which reduces the offense to a class B felony that the defendant voluntarily released the victim, alive and not suffering from serious or substantial bodily injury, in a safe place prior to trial.
[L 1972, c 9, pt of §1; am L 1986, c 314, §53; gen ch 1992; am L 2008, c 147, §2]
(1) A person commits the offense of unlawful imprisonment in the first degree if the person knowingly restrains another person under circumstances which expose the person to the risk of serious bodily injury.
(2) Unlawful imprisonment in the first degree is a class C felony.
[L 1972, c 9, pt of §1; ree L 1986, c 314, §54; gen ch 1993; am L 2008, c 147, §3]
(1) A person commits the offense of unlawful imprisonment in the second degree if the person knowingly restrains another person.
(2) In any prosecution under this section, it is an affirmative defense that:
(a) The person restrained was less than eighteen years old;
(b) The defendant was a relative of the victim; and
(c) The defendant's sole purpose was to assume custody over the victim.
In that case, the liability of the defendant, if any, is governed by section 707-727, and the defendant may be convicted under section 707-727, although charged under this section.
(3) In any prosecution under this section, it is an affirmative defense that:
(a) The person restrained was:
(i) On or in the immediate vicinity of the premises of a retail mercantile establishment for the purpose of investigation or questioning as to the ownership of any merchandise;
(ii) Restrained in a reasonable manner and for not more than a reasonable time; and
(iii) Restrained to permit the investigation or questioning by a police officer or by the owner of the retail mercantile establishment, the owner's authorized employee, or the owner's agent; and
(b) The police officer, owner, employee, or agent had reasonable grounds to believe that the person detained was committing or attempting to commit theft of merchandise on the premises.
(4) Unlawful imprisonment in the second degree is a misdemeanor.
[L 1972, c 9, pt of §1; am L 1981, c 171, §2; gen ch 1993; am L 2015, c 35, §24]
[Repealed]
[L 1981, c 171, §3]
L 1979, c 106, §§1, 2.
(1) A person commits the offense of custodial interference in the first degree if:
(a) The person:
(i) Intentionally or knowingly violates a court order issued pursuant to chapter 586, or intentionally or knowingly takes, entices, conceals, or detains the minor from any other person who has a right to custody pursuant to a court order, judgment, or decree; and
(ii) Removes the minor from the State;
(b) The person intentionally or knowingly takes, entices, conceals, or detains a minor less than eleven years old from that minor's lawful custodian, knowing that the person had no right to do so; or
(c) The person, in the absence of a court order determining custody or visitation rights, intentionally or knowingly takes, detains, conceals, or entices away a minor with the intent to deprive another person or a public agency of their right to custody, and removes the minor from the State.
(2) It is an affirmative defense to a prosecution under this section that the person had "good cause" for the violation of a court order issued pursuant to chapter 586, for the taking, detaining, concealing, or enticing away of the minor, or for removing the minor from the State; provided that the person asserting the affirmative defense filed a report with the clerk of the family court detailing the whereabouts of the minor, the person who took, enticed, detained, concealed, or removed the minor or child, and the circumstances of the event as soon as the filing of the report was practicable; and provided further that the person asserting the affirmative defense also filed a request for a custody order as soon as the filing of the request was practicable.
As used in this section, "good cause" means a good faith and reasonable belief that the taking, detaining, concealing, enticing away, or removing of the minor is necessary to protect the minor from immediate bodily injury.
(3) The identity and address of the person reporting under subsection (2) shall remain confidential unless the information is released pursuant to a court order.
(4) Custodial interference in the first degree is a class C felony.
[L 1981, c 171, pt of §1; am L 1982, c 48, §2; am L 1984, c 138, §1; am L 1986, c 314, §55; am L 1994, c 245, §1; am L 1996, c 146, §1]
(1) A person commits the offense of custodial interference in the second degree if:
(a) The person intentionally or knowingly takes, entices, conceals, or detains a minor knowing that the person has no right to do so; or
(b) The person intentionally or knowingly takes, entices, conceals, or detains from lawful custody any incompetent person, or other person entrusted by authority of law to the custody of another person or an institution.
(2) Custodial interference in the second degree is a misdemeanor, if the minor or incompetent person is taken, enticed, concealed, or detained within the State. If the minor or incompetent person is taken, enticed, concealed, or detained outside of the State under this section, custodial interference in the second degree is a class C felony.
[L 1981, c 171, pt of §1; am L 1994, c 245, §2]
(1) A person commits the offense of sexual assault in the first degree if the person:
(a) Knowingly subjects another person to an act of sexual penetration by strong compulsion;
(b) Knowingly engages in sexual penetration with a person who is less than fourteen years old;
(c) Knowingly engages in sexual penetration with a person who is at least fourteen years old but less than sixteen years old; provided that the actor is:
(i) No less than five years older than the minor; and
(ii) Not legally married to the minor;
(d) Knowingly subjects to sexual penetration a person who is mentally defective; provided that the actor is negligent in not knowing of the mental defect of the victim; or
(e) Knowingly subjects to sexual penetration a person who is mentally incapacitated or physically helpless as a result of the influence of a substance that the actor knowingly caused to be administered to the other person without the other person's consent.
Paragraphs (b) and (c) shall not be construed to prohibit practitioners licensed under chapter 453 or 455 from performing any act within their respective practices.
(2) Sexual assault in the first degree is a class A felony.
[L 1986, c 314, pt of §57; am L 1987, c 181, §9; am L Sp 2001 2d, c 1, §§1, 7; am L 2002, c 36, §3; am L 2003, c 62, §1; am L 2004, c 10, §15; am L 2006, c 230, §32; am L 2009, c 11, §72; am L 2021, c 239, §2]
(1) A person commits the offense of sexual assault in the second degree if the person:
(a) Knowingly subjects another person to an act of sexual penetration by compulsion;
(b) Knowingly subjects to sexual penetration a person who is mentally incapacitated or physically helpless;
(c) While employed:
(i) In a state correctional facility;
(ii) By a private company providing services at a correctional facility;
(iii) By a private company providing community-based residential services to persons committed to the director of corrections and rehabilitation and having received notice of this statute;
(iv) By a private correctional facility operating in the State; or
(v) As a law enforcement officer as defined in section 710-1000,
knowingly subjects to sexual penetration: an imprisoned person; a person confined to a detention facility; a person committed to the director of corrections and rehabilitation; a person residing in a private correctional facility operating in the State; a person in custody; a person who is stopped by a law enforcement officer; or a person who is being accompanied by a law enforcement officer for official purposes; provided that this paragraph shall not be construed to prohibit a law enforcement officer from performing a lawful search pursuant to a warrant or exception to the warrant clause; or
(d) Knowingly subjects to sexual penetration a person who is at least sixteen years old and the actor is contemporaneously acting in a professional capacity to instruct, advise, or supervise such a person; provided that the actor is:
(i) No less than five years older than the minor; and
(ii) Not legally married to the minor.
Paragraphs (b) and (c) shall not be construed to prohibit practitioners licensed under chapter 453 or 455 from performing any act within their respective practices.
(2) Sexual assault in the second degree is a class B felony.
[L 1986, c 314, pt of §57; am L 1987, c 181, §10; am L 1997, c 366, §1; am L 2002, c 36, §1; am L 2004, c 61, §4; am L 2006, c 230, §33; am L 2009, c 11, §73; am L 2016, c 153, §1; am L 2021, c 22, §2; am L 2022, c 278, §29]
(1) A person commits the offense of sexual assault in the third degree if the person:
(a) Recklessly subjects another person to an act of sexual penetration by compulsion;
(b) Knowingly subjects to sexual contact a person who is less than fourteen years old or causes such a person to have sexual contact with the actor;
(c) Knowingly engages in sexual contact with a person who is at least fourteen years old but less than sixteen years old or causes such a person to have sexual contact with the actor; provided that the actor is:
(i) No less than five years older than the minor; and
(ii) Not legally married to the minor;
(d) Knowingly subjects to sexual contact a person who is mentally incapacitated or physically helpless, or causes such a person to have sexual contact with the actor;
(e) Knowingly subjects to sexual contact a person who is mentally defective, or causes such a person to have sexual contact with the actor; provided that the actor is negligent in not knowing of the mental defect of the victim;
(f) While employed:
(i) In a state correctional facility;
(ii) By a private company providing services at a correctional facility;
(iii) By a private company providing community-based residential services to persons committed to the director of corrections and rehabilitation and having received notice of this statute;
(iv) By a private correctional facility operating in the State; or
(v) As a law enforcement officer as defined in section 710-1000,
knowingly subjects to sexual contact, or causes to have sexual contact: an imprisoned person; a person confined to a detention facility; a person committed to the director of corrections and rehabilitation; a person residing in a private correctional facility operating in the State; a person in custody; a person who is stopped by a law enforcement officer; or a person who is being accompanied by a law enforcement officer for official purposes; provided that this paragraph shall not be construed to prohibit a law enforcement officer from performing a lawful search pursuant to a warrant or an exception to the warrant clause; or
(g) Knowingly, by strong compulsion, has sexual contact with another person or causes another person to have sexual contact with the actor.
Paragraphs (b), (c), (d), (e), and (f) shall not be construed to prohibit practitioners licensed under chapter 453 or 455 from performing any act within their respective practices.
(2) Sexual assault in the third degree is a class C felony.
[L 1986, c 314, pt of §57; am L 1987, c 181, §11; am L Sp 2001 2d, c 1, §§2, 7; am L 2002, c 36, §§2, 3; am L 2003, c 62, §1; am L 2004, c 10, §15 and c 61, §5; am L 2009, c 11, §74; am L 2021, c 22, §3 and c 239, §3; am L 2022, c 278, §29]
(1) A person commits the offense of sexual assault in the fourth degree if:
(a) The person knowingly subjects another person, not married to the actor, to sexual contact by compulsion or causes another person, not married to the actor, to have sexual contact with the actor by compulsion;
(b) The person knowingly exposes the person's genitals to another person under circumstances in which the actor's conduct is likely to alarm the other person or put the other person in fear of bodily injury;
(c) The person knowingly trespasses on property for the purpose of subjecting another person to surreptitious surveillance for the sexual gratification of the actor; or
(d) The person knowingly engages in or causes sexual contact with a minor who is at least sixteen years old and the person is contemporaneously acting in a professional capacity to instruct, advise, or supervise the minor; provided that:
(i) The person is not less than five years older than the minor; and
(ii) The person is not legally married to the minor.
(2) Sexual assault in the fourth degree is a misdemeanor.
(3) Whenever a court sentences a defendant for an offense under this section, the court may order the defendant to submit to a pre-sentence mental and medical examination pursuant to section 706-603.
[L 1986, c 314, pt of §57; am L 1991, c 214, §1; am L 2016, c 153, §2 and c 231, §34]
[Repealed]
[L 2006, c 60, §6]
(1) A person commits the offense of continuous sexual assault of a minor under the age of fourteen years if the person:
(a) Either resides in the same home with a minor under the age of fourteen years or has recurring access to the minor; and
(b) Engages in three or more acts of sexual penetration or sexual contact with the minor over a period of time, while the minor is under the age of fourteen years.
(2) To convict under this section, the trier of fact, if a jury, need unanimously agree only that the requisite number of acts have occurred; the jury need not agree on which acts constitute the requisite number.
(3) No other felony sex offense involving the same victim may be charged in the same proceeding with a charge under this section, unless the other charged offense occurred outside the period of the offense charged under this section, or the other offense is charged in the alternative. A defendant may be charged with only one count under this section, unless more than one victim is involved, in which case a separate count may be charged for each victim.
(4) Continuous sexual assault of a minor under the age of fourteen years is a class A felony.
[L 2006, c 60, §1]
(1) A person commits the offense of indecent exposure if, the person intentionally exposes the person's genitals to a person to whom the person is not married under circumstances in which the actor's conduct is likely to cause affront.
(2) Indecent exposure is a petty misdemeanor.
[L 1986, c 314, pt of §57; am L 1991, c 214, §2]
[Repealed]
[L 1975, c 163, §5]
[Repealed]
[L 1981, c 213, §8]
(1) A person commits the offense of incest if the person commits an act of sexual penetration with another who is within the degrees of consanguinity or affinity within which marriage is prohibited.
(2) Incest is a class C felony.
[L 1972, c 9, pt of §1; am L 1987, c 176, §1; gen ch 1992]
[Repealed]
[L 1980, c 164, §13]
[Repealed]
[L 1997, c 316, §4]
(1) A person commits the offense of promoting child abuse in the first degree if, knowing or having reason to know its character and content, the person:
(a) Produces or participates in the preparation of child pornography;
(b) Produces or participates in the preparation of pornographic material that employs, uses, or otherwise contains a minor engaging in or assisting others to engage in sexual conduct; or
(c) Engages in a pornographic performance that employs, uses, or otherwise contains a minor engaging in or assisting others to engage in sexual conduct.
(2) As used in this section:
"Child pornography" means any pornographic visual representation, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexual conduct, if:
(a) The pornographic production of such visual representation involves the use of a minor engaging in sexual conduct; or
(b) The pornographic visual representation has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct.
"Community standards" means the standards of the State.
"Computer" shall have the same meaning as in section 708-890.
"Lascivious" means tending to incite lust, to deprave the morals in respect to sexual relations, or to produce voluptuous or lewd emotions in the average person, applying contemporary community standards.
"Material" means any printed matter, visual representation, or sound recording and includes, but is not limited to, books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, and tape or wire recordings.
"Minor" means any person less than eighteen years old.
"Performance" means any play, motion picture film, dance, or other exhibition performed before any audience.
"Pornographic" shall have the same meaning as in section 712-1210.
"Produces" means to produce, direct, manufacture, issue, publish, or advertise.
"Sadomasochistic abuse" means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
"Sexual conduct" means actual or simulated sexual intercourse, including genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, masturbation, bestiality, sexual penetration, deviate sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area of a minor.
"Visual representation" refers to, but is not limited to, undeveloped film and videotape and data stored on computer disk or by electronic means that are capable of conversion into a visual image.
(3) The fact that a person engaged in the conduct specified by this section is prima facie evidence that the person engaged in that conduct with knowledge of the character and content of the material or the performance produced, directed, or participated in. The fact that the person who was employed, used, or otherwise contained in the pornographic material or performance, was at that time, a minor, is prima facie evidence that the defendant knew the person to be a minor.
(4) Promoting child abuse in the first degree is a class A felony.
[L 1978, c 214, §1; am L 1982, c 218, §1; am L 1986, c 314, §58; am L 1988, c 91, §1; am L 1997, c 363, §1; am L 2002, c 200, §2; am L 2016, c 16, §1]
(1) A person commits the offense of promoting child abuse in the second degree if, knowing or having reason to know its character and content, the person:
(a) Disseminates child pornography;
(b) Reproduces child pornography with intent to disseminate;
(c) Disseminates any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography;
(d) Disseminates any pornographic material which employs, uses, or otherwise contains a minor engaging in or assisting others to engage in sexual conduct; or
(e) Possesses thirty or more images of any form of child pornography, and the content of at least one image contains one or more of the following:
(i) A minor who is younger than the age of twelve;
(ii) Sadomasochistic abuse of a minor; or
(iii) Bestiality involving a minor.
(2) As used in this section:
"Child pornography" means any pornographic visual representation, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexual conduct, if:
(a) The pornographic production of such visual representation involves the use of a minor engaging in sexual conduct; or
(b) The pornographic visual representation has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct.
"Community standards" means the standards of the State.
"Computer" shall have the same meaning as in section 708-890.
"Disseminate" means to publish, sell, distribute, transmit, exhibit, present material, mail, ship, or transport by any means, including by computer, or to offer or agree to do the same.
"Lascivious" means tending to incite lust, to deprave the morals in respect to sexual relations, or to produce voluptuous or lewd emotions in the average person, applying contemporary community standards.
"Material" means any printed matter, visual representation, or sound recording and includes, but is not limited to, books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, and tape or wire recordings.
"Minor" means any person less than eighteen years old.
"Pornographic" shall have the same meaning as in section 712-1210.
"Sadomasochistic abuse" means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
"Sexual conduct" means actual or simulated sexual intercourse, including genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, masturbation, bestiality, sexual penetration, deviate sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area of a minor.
"Visual representation" refers to, but is not limited to, undeveloped film and videotape, and data stored on computer disk or by electronic means that are capable of conversion into a visual image.
(3) The fact that a person engaged in the conduct specified by this section is prima facie evidence that the person engaged in that conduct with knowledge of the character and content of the material. The fact that the person who was employed, used, or otherwise contained in the pornographic material was at that time, a minor, is prima facie evidence that the defendant knew the person to be a minor.
(4) Promoting child abuse in the second degree is a class B felony.
[L 1978, c 214, §2; am L 1982, c 218, §2; am L 1986, c 314, §59; am L 1997, c 363, §2; am L 2002, c 200, §3; am L 2012, c 212, §1; am L 2016, c 16, §2]
(1) A person commits the offense of promoting child abuse in the third degree if, knowing or having reason to know its character and content, the person possesses:
(a) Child pornography;
(b) Any book, magazine, periodical, film, videotape, computer disk, electronically stored data, or any other material that contains an image of child pornography; or
(c) Any pornographic material that employs, uses, or otherwise contains a minor engaging in or assisting others to engage in sexual conduct.
(2) As used in this section:
"Child pornography" means any pornographic visual representation, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexual conduct, if:
(a) The pornographic production of the visual representation involves the use of a minor engaging in sexual conduct; or
(b) The pornographic visual representation has been created, adapted, or modified to appear that an identifiable minor is engaging in sexual conduct.
"Community standards" means the standards of the State.
"Computer" shall have the same meaning as in section 708-890.
"Lascivious" means tending to incite lust, to deprave the morals with respect to sexual relations, or to produce voluptuous or lewd emotions in the average person, applying contemporary community standards.
"Material" means any printed matter, visual representation, or sound recording and includes, but is not limited to, books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, and tape or wire recordings.
"Minor" means any person less than eighteen years old.
"Pornographic" shall have the same meaning as in section 712-1210.
"Sadomasochistic abuse" means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
"Sexual conduct" means actual or simulated sexual intercourse, including genital-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex, masturbation, bestiality, sexual penetration, deviate sexual intercourse, sadomasochistic abuse, or lascivious exhibition of the genital or pubic area of a minor.
"Visual representation" includes but is not limited to undeveloped film and videotape and data stored on computer disk or by electronic means that are capable of conversion into a visual image.
(3) The fact that a person engaged in the conduct specified by this section is prima facie evidence that the person engaged in that conduct with knowledge of the character and content of the material. The fact that the person who was employed, used, or otherwise contained in the pornographic material was, at that time, a minor is prima facie evidence that the defendant knew the person to be a minor.
(4) Promoting child abuse in the third degree is a class C felony.
[L 2002, c 200, pt of §1; am L 2016, c 16, §3]
It shall be an affirmative defense to a charge of promoting child abuse in the third degree that the defendant:
(a) Possessed less than three images of child pornography; and
(b) Promptly and in good faith, and without retaining or allowing any person, other than a law enforcement agency, to access any image or copy thereof:
(i) Took reasonable steps to destroy each such image; or
(ii) Reported the matter to a law enforcement agency and afforded that agency access to each such image.
[L 2002, c 200, pt of §1]
(1) Any person who, using a computer or any other electronic device:
(a) Intentionally or knowingly communicates:
(i) With a minor known by the person to be under the age of eighteen years;
(ii) With another person, in reckless disregard of the risk that the other person is under the age of eighteen years, and the other person is under the age of eighteen years; or
(iii) With another person who represents that person to be under the age of eighteen years;
(b) With the intent to promote or facilitate the commission of a felony:
(i) That is a murder in the first or second degree;
(ii) That is a class A felony; or
(iii) That is another covered offense as defined in section 846E-1,
agrees to meet with the minor, or with another person who represents that person to be a minor under the age of eighteen years; and
(c) Intentionally or knowingly travels to the agreed upon meeting place at the agreed upon meeting time,
is guilty of electronic enticement of a child in the first degree.
(2) Electronic enticement of a child in the first degree is a class B felony. Notwithstanding any law to the contrary, a person convicted of electronic enticement of a child in the first degree shall be sentenced to an indeterminate term of imprisonment as provided by law.
[L 2002, c 200, pt of §1; am L 2006, c 80, §2; am L 2008, c 80, §3]
(1) Any person who, using a computer or any other electronic device:
(a) Intentionally or knowingly communicates:
(i) With a minor known by the person to be under the age of eighteen years;
(ii) With another person, in reckless disregard of the risk that the other person is under the age of eighteen years, and the other person is under the age of eighteen years; or
(iii) With another person who represents that person to be under the age of eighteen years;
(b) With the intent to promote or facilitate the commission of a felony, agrees to meet with the minor, or with another person who represents that person to be a minor under the age of eighteen years; and
(c) Intentionally or knowingly travels to the agreed upon meeting place at the agreed upon meeting time;
is guilty of electronic enticement of a child in the second degree.
(2) Electronic enticement of a child in the second degree is a class C felony. Notwithstanding any law to the contrary, if a person sentenced under this section is sentenced to probation rather than an indeterminate term of imprisonment, the terms and conditions of probation shall include, but not be limited to, a term of imprisonment of one year.
[L 2002, c 200, pt of §1; am L 2006, c 80, §3]
[Repealed]
[L 2002, c 240, §11]
(1) Any person who intentionally masturbates or intentionally exposes the genitals in a lewd or lascivious manner live over a computer online service, internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or other electronic device by:
(a) A minor known by the person to be under the age of eighteen years;
(b) Another person, in reckless disregard of the risk that the other person is under the age of eighteen years, and the other person is under the age of eighteen years; or
(c) Another person who represents that person to be under the age of eighteen years,
is guilty of indecent electronic display to a child.
(2) Indecent electronic display to a child is a misdemeanor.
[L 2008, c 80, §1]
For the purposes of this part:
"An extortionate means" is any means which involves the use, or an express or implicit threat of the use, of violence or other criminal means to cause harm to the person, reputation, or property of any person.
"Creditor", with reference to any given extension of credit, refers to any person making that extension of credit, or to any person claiming by, under, or through any person making that extension of credit.
"Debtor", with reference to any given extension of credit, refers to any person to whom that extension of credit is made, or to any person who guarantees the repayment of that extension of credit, or in any manner undertakes to indemnify the creditor against loss resulting from the failure of any person to whom that extension of credit is made to repay the same.
"Repayment of any extension of credit" includes the repayment, satisfaction, or discharge in whole or in part of any debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.
"To collect an extension of credit" means to induce in any way any person to make repayment thereof.
"To extend credit" means to make or renew any loan or to enter into any agreement, tacit or express, whereby the repayment or satisfaction of any debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or will be deferred.
[L 1979, c 106, pt of §1; am L 1980, c 232, §38]
(1) An extortionate extension of credit is any extension of credit with respect to which it is the understanding of the creditor and the debtor at the time it is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person.
(2) In any prosecution under this part, if it is shown that all of the following factors were present in connection with the extension of credit in question, there is prima facie evidence that the extension of credit was extortionate, but this section is nonexclusive and in no way limits the effect or applicability of subsection (1):
(a) The repayment of the extension of credit, or the performance of any promise given in consideration thereof, would be unenforceable, through civil judicial processes against the debtor:
(i) In the jurisdiction within which the debtor, if a natural person, resided; or
(ii) In every jurisdiction within which the debtor, if other than a natural person, was incorporated or qualified to do business at the time the extension of credit was made;
(b) The extension of credit was made at a rate of interest in excess of a yearly rate of forty-five per cent calculated according to the actuarial method of allocating payments made on a debt between principal and interest, pursuant to which payment is applied first to the accumulated interest and the balance applied to the unpaid principal;
(c) At the time the extension of credit was made, the debtor reasonably believed that either:
(i) One or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means, or the nonrepayment thereof had been punished by extortionate means; or
(ii) The creditor had a reputation for the use of extortionate means to collect extensions of credit or to punish the nonrepayment thereof;
(d) Upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstanding, including any unpaid interest or similar charges, exceeded $100.
(3) In any prosecution under this part, if evidence has been introduced tending to show the existence of any of the circumstances described in subparagraph (2)(a) or (2)(b) of this section, and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing the understanding of the debtor and the creditor at the time the extension of credit was made, the court may in its discretion allow evidence to be introduced tending to show the reputation as to collection practices of the creditor in any community of which the debtor was a member at the time of the extension.
[L 1979, c 106, pt of §1; am L 1980, c 232, §38]
"Financing extortionate extensions of credit" includes wilfully advancing money or property, whether as a gift, as a loan, as an investment, pursuant to a partnership or profit-sharing agreement, or otherwise to any person, with reasonable grounds to believe that it is the intention of that person to use the money or property so advanced directly or indirectly for the purpose of making extortionate extensions of credit.
[L 1979, c 106, pt of §1]
(1) "Collection of extensions of credit by extortionate means" includes knowingly participating in any way, or conspiring to do so, in the use of any extortionate means:
(a) To collect or attempt to collect any extension of credit; or
(b) To punish any person for the nonrepayment thereof.
(2) In any prosecution under this part, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means or that the nonrepayment thereof was punished by extortionate means.
(3) In any prosecution under this part, if evidence has been introduced tending to show the existence, at the time the extension of credit in question was made, of the circumstances described in subsection (2)(a) or subsection (2)(b) of section 707-761 and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing that words or other means of communication, shown to have been employed as a means of collection, in fact carried an express or implicit threat, the court may in its discretion allow evidence to be introduced tending to show the reputation of the defendant in any community of which the person against whom the alleged threat was made was a member at the time of collection or attempt at collection.
[L 1979, c 106, pt of §1; am L 1980, c 232, §39]
A person commits extortion if the person does any of the following:
(1) Obtains, or exerts control over, the property, labor, or services of another with intent to deprive another of property, labor, or services by threatening by word or conduct to:
(a) Cause bodily injury in the future to the person threatened or to any other person;
(b) Cause damage to property or cause damage, as defined in section 708-890, to a computer, computer system, or computer network;
(c) Subject the person threatened or any other person to physical confinement or restraint;
(d) Commit a penal offense;
(e) Accuse some person of any offense or cause a penal charge to be instituted against some person;
(f) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt, or ridicule, or to impair the threatened person's credit or business repute;
(g) Reveal any information sought to be concealed by the person threatened or any other person;
(h) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense;
(i) Take or withhold action as a public servant, or cause a public servant to take or withhold such action;
(j) Bring about or continue a strike, boycott, or other similar collective action, to obtain property that is not demanded or received for the benefit of the group that the defendant purports to represent;
(k) Destroy, conceal, remove, confiscate, or possess any actual or purported passport, or any other actual or purported government identification document, or other immigration document, of another person; or
(l) Do any other act that would not in itself substantially benefit the defendant but that is calculated to harm substantially some person with respect to the threatened person's health, safety, business, calling, career, financial condition, reputation, or personal relationships;
(2) Intentionally compels or induces another person to engage in conduct from which another has a legal right to abstain or to abstain from conduct in which another has a legal right to engage by threatening by word or conduct to do any of the actions set forth in paragraph (1)(a) through (l); or
(3) Makes or finances any extortionate extension of credit, or collects any extension of credit by extortionate means.
[L 1979, c 106, pt of §1; am L 2001, c 33, §3; am L 2008, c 147, §4]
(1) A person commits the offense of extortion in the first degree if the person commits extortion:
(a) Of property, labor, or services the value of which exceeds $200 in total during any twelve-month period; or
(b) By making or financing any extortionate extension of credit, or by collecting any extension of credit by extortionate means.
(2) Extortion in the first degree is a class B felony.
[L 1979, c 106, pt of §1; gen ch 1993; am L 2008, c 147, §5]
(1) A person commits the offense of extortion in the second degree if the person commits extortion:
(a) Of property, labor, or services the value of which exceeds $50 during any twelve-month period; or
(b) As set forth in section 707-764(2).
(2) Extortion in the second degree is a class C felony.
[L 1979, c 106, pt of §1; am L 1993, c 28, §1; am L 2008, c 147, §6]
(1) A person commits the offense of extortion in the third degree if the person commits extortion of property, labor, or services.
(2) Extortion in the third degree is a misdemeanor.
[L 1979, c 106, pt of §1; gen ch 1993; am L 2008, c 147, §7]
Extortion in any degree is a class A felony when a firearm, explosive, or any dangerous weapon is immediately available and is physically used as part of the threat.
[L 1979, c 106, pt of §1]
(1) It is a defense to a prosecution for extortion as defined by paragraph (1) of section 707-764 that the defendant:
(a) Was unaware that the property or service was that of another; or
(b) Believed that the defendant was entitled to the property or services under a claim of right or that the defendant was authorized, by the owner or by law, to obtain or exert control as the defendant did.
(2) If the owner of the property is the defendant's spouse or reciprocal beneficiary, it is a defense to a prosecution for extortion under paragraph (1) of section 707-764 that:
(a) The property which is obtained or over which unauthorized control is exerted constitutes household belongings; and
(b) The defendant and the defendant's spouse or reciprocal beneficiary were living together at the time of the conduct.
(3) "Household belongings" means furniture, personal effects, vehicles, or money or its equivalent in amounts customarily used for household purposes, and other property usually found in and about the common dwelling and accessible to its occupants.
(4) It is an affirmative defense to a prosecution for extortion as defined in paragraphs (1) and (2) of section 707-764 and as further defined by subparagraphs (e), (f), (g), and (i), that the defendant believed the threatened accusation, penal charge, or exposure to be true, or the proposed action of a public servant was justified, and that the defendant's sole intention was to compel or induce the victim to give property or services to the defendant due the defendant as restitution or indemnification for harm done, or as compensation for property obtained or lawful services performed, or to induce the victim to take reasonable action to prevent or to remedy the wrong which was the subject of the threatened accusation, charge, exposure, or action of a public servant in circumstances to which the threat relates.
(5) In a prosecution for extortion as defined in paragraph (1) of section 707-764, it is not a defense that the defendant has an interest in the property if the owner has an interest in the property to which the defendant is not entitled.
[L 1979, c 106, pt of §1; gen ch 1993; am L 1997, c 383, §68; am L 2015, c 35, §25]
As used in this part:
"Deadly force" has the same meaning as in section 703-300.
"Force" has the same meaning as in section 703-300.
"Labor" means work of economic or financial value. Prostitution-related and obscenity-related activities as set forth in chapter 712 are not forms of "labor" under this part.
"Services" means a relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor or a third party. Prostitution-related and obscenity-related activities as set forth in chapter 712 are not forms of "services" under this part.
"Unlawful force" has the same meaning as in section 703‑300.
"Venture" means a business relationship between two or more parties to undertake economic activity together.
"Victim" means the person against whom an offense specified in section 707-781 or 707-782 has been committed.
[L 2011, c 146, pt of §1]
(1) A person commits the offense of labor trafficking in the first degree if the person intentionally or knowingly provides or obtains, or attempts to provide or obtain, another person for labor or services by any of the following means committed against the other person:
(a) Any of the acts constituting extortion as described in section 707-764, except that for purposes of this paragraph "labor" and "services" shall be as defined in section 707-780;
(b) The acts constituting kidnapping as described in section 707-720(1)(a) through (g), except that for purposes of this paragraph "labor" and "services" shall be as defined in section 707-780;
(c) The acts described in section 707-721(1) or 707-722, relating to unlawful imprisonment;
(d) The acts described in section 707-730, 707-731, or 707-732, relating to sexual assault in the first, second, or third degree;
(e) Force, deadly force, or unlawful force;
(f) The acts described in the definition of deception pursuant to section 708-800, or fraud, which means making material false statements, misstatements, or omissions to induce or maintain the person to engage or continue to engage in the labor or services;
(g) Requiring that labor or services be performed to retire, repay, or service a real or purported debt, if performing the labor or services is the exclusive method allowed to retire, repay, or service the debt and the indebted person is required to repay the debt with direct labor in place of currency; provided that this shall not include labor or services performed by a child for the child's parent or guardian;
(h) The acts described in either section 707-710, 707‑711, or 707-712, relating to assault;
(i) Withholding any of the person's government-issued identification documents with the intent to impede the movement of the person;
(j) Using any scheme, plan, or pattern intended to cause the person to believe that if the person did not perform the labor or services, then the person or a friend or a member of the person's family would suffer serious harm, serious financial loss, or physical restraint; or
(k) Using or threatening to use any form of domination, restraint, or control over the person which, given the totality of the circumstances, would have the reasonably foreseeable effect of causing the person to engage in or to remain engaged in the labor or services.
(2) Labor trafficking in the first degree is a class A felony.
[L 2011, c 146, pt of §1]
(1) A person commits the offense of labor trafficking in the second degree if the person knowingly:
(a) Acts as an individual or uses a licensed business or business enterprise to aid another in a venture knowing that the other person in that venture is committing the offense of labor trafficking in the first degree; or
(b) Benefits, financially or by receiving something of value, from participation in a venture knowing or in reckless disregard of the fact that another person has engaged in any act described in paragraph (a) in the course of that venture or that another person in that venture is committing the offense of labor trafficking in the first degree.
(2) Labor trafficking in the second degree is a class B felony; provided that if a violation of subsection (1) involves kidnapping or an attempt to kidnap, sexual assault in the first, second, or third degree, or the attempt to commit sexual assault in the first, second, or third degree, or an attempt to cause the death of a person, or if a death results, the offense shall be a class A felony.
(3) Upon conviction of a defendant for an offense under subsection (1), the court shall also order that any and all business licenses issued by the State be revoked for the business or enterprise that the defendant used to aid in the offense of labor trafficking in the second degree; provided that the court, in its discretion, may reinstate a business license upon petition to the court by any remaining owner or partner of the business or enterprise who was not convicted of an offense under this section or section 707-781.
[L 2011, c 146, pt of §1]
In addition to the factors set forth in sections 706-606 and 706-621, when determining the particular sentence to be imposed on a defendant convicted under section 707-781 or 707‑782, the court shall consider:
(a) The time for which the victim was held in servitude; and
(b) The number of victims involved in the offense for which the defendant is convicted.
[L 2011, c 146, pt of §1]
If a person is found guilty of a violation under section 707-781 or 707-782 and the victim of the offense suffered bodily injury, the person may be sentenced to an extended indeterminate term of imprisonment as described in this section. Subject to the procedures set forth in section 706-664, the court may impose, in addition to the indeterminate term of imprisonment provided for the grade of offense, an additional indeterminate term of imprisonment as follows:
(a) Bodily injury – an additional two years of imprisonment;
(b) Substantial bodily injury – an additional five years of imprisonment;
(c) Serious bodily injury – an additional fifteen years of imprisonment; or
(d) If death results, the defendant shall be sentenced in accordance with the homicide statute relevant for the level of criminal intent.
When ordering an extended term sentence, the court shall impose the maximum length of imprisonment. The minimum length of imprisonment for an extended term sentence under paragraph (a), (b), (c), or (d) shall be determined by the Hawaii paroling authority in accordance with section 706-669.
[L 2011, c 146, pt of §1]
(1)In addition to any other penalty, and notwithstanding a victim's failure to request restitution under section 706-646(2), the court shall order restitution to be paid to the victim, consisting of an amount that is the greater of:
(a) The total gross income or value to the defendant of the victim's labor or services; or
(b) The value of the victim's labor or services, as guaranteed under the minimum wage provisions of chapter 387 or the Fair Labor Standards Act of 1938, Public Law 75-718, title 29 United States Code sections 201 through 219, inclusive, whichever is greater.
(2) The return of the victim to the victim's home country or other absence of the victim from the jurisdiction shall not relieve the defendant of the defendant's restitution obligation.
[L 2011, c 146, pt of §1]
(1) A person commits the offense of nonpayment of wages if the person, in the capacity as an employer of an employee, intentionally or knowingly or with intent to defraud fails or refuses to pay wages to the employee, except where required by federal or state statute or by court process. In addition to any other penalty, a person convicted of nonpayment of wages shall be fined not less than $2,000 nor more than $10,000 for each offense.
(2) Nonpayment of wages is:
(a) A class C felony, if the amount owed to the employee is equal to or greater than $2,000 or if the defendant convicted of nonpayment of wages falsely denies the amount or validity of the wages owed; or
(b) A misdemeanor, if the amount owed to the employee is less than $2,000.
(3) A person commits a separate offense under this section for each pay period during which the employee earned wages that the person failed or refused to pay the employee. If no set pay periods were agreed upon between the person and the employee at the time the employee commenced the work, then each "pay period" shall be deemed to be bi-weekly.
(4) In addition to any other penalty, the court shall order restitution to be paid to the employee, consisting of an amount that is the greater of:
(a) The wages earned by the employee that were unpaid by the person convicted of nonpayment of wages; or
(b) The value of the employee's labor or services, as guaranteed under the minimum wage provisions of chapter 387 or the Fair Labor Standards Act of 1938, Public Law 75-718, title 29 United States Code sections 201 through 219, inclusive, whichever is greater.
(5) An employee who is the victim of nonpayment of wages may bring a civil action to recover all wages owed by the defendant convicted of nonpayment of wages.
(6) For purposes of this section:
"Employee" means any person working for another for hire, including an individual employed in domestic service or at a family's or person's home, any individual employed by the individual's spouse, or by an independent contractor.
"Person" includes any individual, partnership, association, joint-stock company, trust, corporation, the personal representative of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, employing any persons, but shall not include the United States.
"Wages" means compensation for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation.
[L 2011, c 146, pt of §1]
(1) A person commits unlawful conduct with respect to documents if the person knowingly:
(a) Destroys, conceals, removes, confiscates, or possesses any actual or purported government identification document of another person:
(i) In the course of a violation or attempt to commit an offense under section 707-781 or 707-782; or
(ii) To prevent or restrict, or in an attempt to prevent or restrict, without lawful authority, the ability of the other person to move or travel in order to maintain the labor or services of the other person, when the person is or has been the victim of an offense under section 707-781 or 707-782; or
(b) Destroys, conceals, removes, or confiscates any actual or purported government identification document of an employee.
(2) Unlawful conduct with respect to documents is a class C felony.
[L 2011, c 146, pt of §1]
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