The AI workspace for legal professionals
- Legal research with access to more than 1 million sources
- Document automation
- Matter management
- Hosted in the EU and Switzerland
Try it free for 14 days (10 questions/day during trial)
The AI workspace for legal professionals
Try it free for 14 days (10 questions/day during trial)
chapter-712•Hawaii Revised Statutes, Chapter 712 — Offenses Against Public Health and Morals
chapter-712Haw. Rev. Stat. ch. 712CodeJan 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 2/11/2026 1:14 PM).
(1) A person commits the offense of prostitution if the person engages in, or agrees or offers to engage in, sexual conduct with another person in return for a fee or anything of value.
(2) As used in this section:
"Minor" means a person who is less than eighteen years of age.
"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.
"Sexual conduct" means "sexual penetration", "deviate sexual intercourse", or "sexual contact", as those terms are defined in section 707-700, or "sadomasochistic abuse" as defined in section 707-752.
(3) Prostitution shall be a petty misdemeanor; provided that if the person who commits the offense under subsection (1) is a minor, prostitution shall be a violation.
(4) A person convicted of committing the offense of prostitution as a petty misdemeanor shall be sentenced as follows:
(a) For the first offense, when the court has not deferred further proceedings pursuant to chapter 853, 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 make an order converting 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 of thirty days or probation, without possibility of deferral of further proceedings pursuant to chapter 853 and without possibility of suspension of sentence; and
(c) For the purpose of this subsection, if the court has deferred further proceedings pursuant to chapter 853, and notwithstanding any provision of chapter 853 to the contrary, the defendant shall not be eligible to apply for expungement pursuant to section 831-3.2 until three years following discharge. A plea previously entered by a defendant under section 853-1 for a violation of this section shall be considered a prior offense.
(5) 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.
(6) A minor may be taken into custody by any police officer without order of the judge when there are reasonable grounds to believe that the minor has violated subsection (1). The minor shall be released, referred, or transported pursuant to section 571-31(b). The minor shall be subject to the jurisdiction of the family court pursuant to section 571-11(1), including for the purposes of custody, detention, diversion, and access to services and resources.
(7) Notwithstanding this section or any other law to the contrary, a person who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:
(a) Be arrested, charged, prosecuted, or convicted;
(b) Have their property be subject to civil forfeiture; or
(c) Otherwise be penalized,
pursuant to this section if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense.
[L 1972, c 9, pt of §1; am L 1981, c 110, §1; am L 1986, c 314, §§73, 74; am L 1990, c 204, §1; am L 1993, c 130, §1; am L 1998, c 177, §2; am L 2011, c 145, §7; am L 2012, c 216, §3; am L 2013, c 247, §3; am L 2014, c 114, §3; am L 2016, c 206, §12 and c 231, §51; am L 2019, c 176, §1; am L 2021, c 68, §4; am L 2025, c 261, §2]
(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]
In sections 712-1202 and 712-1203:
(1) A person "advances prostitution" if the person knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons for prostitution purposes, permits premises to be regularly used for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any other conduct designed to institute, aid, or facilitate an act or enterprise of prostitution;
(2) A person "profits from prostitution" if the person accepts or receives money, anything of value, or other property pursuant to an agreement or understanding with any person whereby the person participates or is to participate in the proceeds of prostitution activity; and
(3) The definitions in subsections (1) and (2) shall not include those engaged in conduct outlined in section 712-1200 as the prostituted person or section 712-1200.5 as the person engaged in commercial sexual exploitation.
[L 1972, c 9, pt of §1; am L 2011, c 145, §2; am L 2016, c 206, §13; am L 2021, c 68, §5]
(1) A person commits the offense of sex trafficking if the person knowingly:
(a) Advances prostitution by compelling or inducing a person by force, threat, fraud, coercion, or intimidation to engage in prostitution, or profits from such conduct by another; or
(b) Advances prostitution or profits from prostitution of a minor.
(2) Sex trafficking is a class A felony.
(3) As used in this section:
"Fraud" means making material false statements, misstatements, or omissions.
"Minor" means a person who is less than eighteen years of age.
"Threat" means any of the actions listed in section 707‑764(1).
(4) The state of mind requirement for the offense under subsection (1)(b) is not applicable to the fact that the victim was a minor. A person is strictly liable with respect to the attendant circumstances that the victim was a minor.
[L 1972, c 9, pt of §1; am L 1993, c 130, §2; am L 2008, c 147, §8; am L 2011, c 145, §3; am L 2016, c 206, §14; am L 2021, c 68, §6]
(1) A person commits the offense of promoting prostitution if the person knowingly advances or profits from prostitution.
(2) Promoting prostitution is a class B felony.
[L 1972, c 9, pt of §1; am L 1993, c 130, §3; am L 2008, c 147, §9; am L 2011, c 145, §4; am L 2016, c 206, §15]
[Repealed]
[L 2011, c 145, §6]
[Repealed]
[L 1996, c 14, §2]
(1) For the purposes of this section:
"Public place" means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility or the doorways and entrance ways to any building that fronts on any of the aforesaid places, or a motor vehicle in or on any such place.
"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.
(2) Any person who remains or wanders about in a public place and repeatedly:
(a) Beckons to, stops, or attempts to stop or engage passers-by in conversation;
(b) Stops or attempts to stop motor vehicles; or
(c) Interferes with the free passage of other persons,
for the purpose of committing the crime of prostitution as that term is defined in section 712-1200 shall be guilty of a violation.
(3) Any person who remains or wanders about in a public place and repeatedly:
(a) Beckons to, stops, or attempts to engage passers-by in conversation;
(b) Stops or attempts to stop motor vehicles; or
(c) Interferes with the free passage of other persons,
for the purpose of committing the crime of advancing prostitution as that term is defined in section 712-1201(1) shall be guilty of a petty misdemeanor.
(4) Notwithstanding this section or any other law to the contrary, a person who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:
(a) Be arrested, charged, prosecuted, or convicted;
(b) Have their property be subject to civil forfeiture; or
(c) Otherwise be penalized,
pursuant to this section if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense.
[L 1991, c 275, §1; am L 2025, c 261, §3]
(1) It shall be unlawful for any person within the boundaries of Waikiki and while on any public property to:
(a) Offer or agree to engage in sexual conduct with another person in return for a fee or anything of value; or
(b) Provide, agree to provide, or offer to provide a fee or anything of value to another person to engage in sexual conduct.
(2) It shall be unlawful for any person within the boundaries of other areas in the State designated by county ordinance pursuant to subsection (3), and while on any public property to:
(a) Offer or agree to engage in sexual conduct with another person in return for a fee or anything of value; or
(b) Provide, agree to provide, or offer to provide a fee or anything of value to another person to engage in sexual conduct.
(3) Upon a recommendation of the chief of police of a county, that county may enact an ordinance that:
(a) Designates areas, each no larger than three square miles, as zones of significant prostitution-related activity that is detrimental to the health, safety, or welfare of the general public; or
(b) Alters the boundaries of any existing area under paragraph (a);
provided that not more than four areas may be designated within the State.
(4) Notwithstanding any law to the contrary, any person violating this section shall be guilty of a petty misdemeanor and shall be sentenced to a mandatory term of thirty days imprisonment. The term of imprisonment shall be imposed immediately, regardless of whether the defendant appeals the conviction, except as provided in subsection (5).
(5) As an option to the mandatory term of thirty days imprisonment, if the court finds the option is warranted based upon the defendant's record, the court may place the defendant on probation for a period not to exceed six months, subject to the mandatory condition that the defendant observe geographic restrictions that prohibit the defendant from entering or remaining on public property, in Waikiki and other areas in the State designated by county ordinance during the hours from 6 p.m. to 6 a.m. Upon any violation of the geographic restrictions by the defendant, the court, after a hearing, shall revoke the defendant's probation and immediately impose the mandatory thirty-day term of imprisonment. Nothing contained in this subsection shall be construed as prohibiting the imposition of stricter geographic restrictions under section 706-624(2)(h).
(6) Any person charged under this section may be admitted to bail, pursuant to section 804-4, subject to the mandatory condition that the person observe geographic restrictions that prohibit the defendant from entering or remaining on public property, in Waikiki and other areas in the State designated by county ordinance during the hours from 6 p.m. to 6 a.m. Notwithstanding any other provision of law to the contrary, any person who violates these bail restrictions shall have the person's bail revoked after a hearing and shall be imprisoned. Nothing contained in this subsection shall be construed as prohibiting the imposition of stricter geographic restrictions under section 804-7.1.
(7) Notwithstanding any other law to the contrary, a police officer, without warrant, may arrest any person when the officer has probable cause to believe that the person has committed a violation of subsection (5) or (6), and the person shall be detained, without bail, until the hearing under the appropriate subsection can be held, which shall be held as soon as reasonably practicable.
(8) For purposes of this section:
"Area" means any zone within a county that is defined with specific boundaries and designated as a zone of significant prostitution by this section or a county ordinance.
"Public property" includes any street, highway, road, sidewalk, alley, lane, bridge, parking lot, park, or other property owned or under the jurisdiction of any governmental entity or otherwise open to the public.
"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.
"Sexual conduct" has the same meaning as in section 712-1200(2).
"Waikiki" means that area of Oahu bounded by the Ala Wai canal, the ocean, and Kapahulu avenue.
(9) This section shall apply to all counties; provided that if a county enacts an ordinance to regulate street prostitution and commercial sexual exploitation, other than an ordinance designating an area as a zone of significant prostitution-related activity, the county ordinance shall supersede this section and no person shall be convicted under this section in that county.
(10) Notwithstanding this section or any other law to the contrary, a person, except for a person who provides, agrees to provide, or offers to provide a fee or anything of value to another person to engage in sexual conduct, who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:
(a) Be arrested, charged, prosecuted, or convicted;
(b) Have their property be subject to civil forfeiture; or
(c) Otherwise be penalized,
pursuant to this section, if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense.
[L 1998, c 149, §2; am L 2000, c 143, §1; am L 2011, c 145, §8; am L 2021, c 68, §7; am L 2025, c 261, §4]
(1) A person commits the offense of promoting travel for prostitution if the person knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in what would be prostitution if occurring in the State.
(2) "Travel services" has the same meaning as in section 468L-1.
(3) Promoting travel for prostitution is a class C felony.
[L 2004, c 82, §2]
(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]
(1) A person eighteen years of age or older commits the offense of commercial sexual exploitation of a minorif the person intentionally, knowingly, or recklessly:
(a) Offers or agrees to provide anything of value to a member of a police department, a sheriff, or a law enforcement officer who represents that person's self as a minor to engage in sexual conduct;
(b) Provides anything of value to a minor or third person as compensation for having engaged in sexual conduct with a minor;
(c) Agrees to provide or offers to provide anything of value to a minor or third person for the purpose of engaging in sexual conduct with a minor; or
(d) Solicits, offers to engage in, or requests to engage in sexual conduct with a minor in return for anything of value.
(2) Commercial sexual exploitation of a minor is a class B felony.
(3) In addition to any other authorized disposition, a person convicted of committing the offense of commercial sexual exploitation of a minor shall be sentenced to pay a fine of no less than $5,000.
(4) 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.
(5) The state of mind requirement for the offense under subsection (1)(b) is not applicable to the fact that the victim was a minor. A person is strictly liable with respect to the attendant circumstance that the victim was a minor; provided that the person had a reasonable opportunity to observe the victim.
(6) Consent of a minor to the sexual conduct does not constitute a defense to any offense in this section.
(7) For purposes of this section:
"Minor" means a person who is less than eighteen years of age.
"Sexual conduct" has the same meaning as in section 712‑1200(2).
[L 2013, c 247, §1; am L 2014, c 114, §4; am L 2021, c 68, §9]
(1) A person commits the offense of habitual commercial sexual exploitation if the person is a habitual commercial sexual exploitation offender and provides, agrees to provide, or offers to provide a fee or anything of value to another person to engage in sexual conduct.
(2) For the purposes of this section, a person has the status of a "habitual commercial sexual exploitation offender" if the person, at the time of the conduct for which the person is charged, had two or more convictions within ten years of the instant offense for:
(a) Commercial sexual exploitation, in violation of section 712-1200.5;
(b) Street prostitution and commercial sexual exploitation, in violation of section 712-1207(1)(b) or (2)(b);
(c) Habitual commercial sexual exploitation, in violation of this section;
(d) An offense of this jurisdiction or any other jurisdiction that is comparable to one of the offenses in paragraph (a), (b), or (c); or
(e) Any combination of the offenses in paragraph (a), (b), (c), or (d).
A conviction for purposes of this section is a judgment on the verdict or a finding of guilt, or a plea of guilty or nolo contendere. The convictions shall have occurred on separate dates and be for separate incidents on separate dates. At the time of the instant offense, the conviction shall not have been expunged by pardon, reversed, or set aside.
(3) Habitual commercial sexual exploitation is a class C felony.
[L 2008, c 192, §§1, 3; am L 2010, c 95, §1; am L 2011, c 145, §§9, 10; am L 2021, c 68, §10]
(1) A person convicted of committing the offense of prostitution under section 712-1200, loitering for the purpose of engaging in or advancing prostitution under section 712-1206(2), street prostitution and commercial sexual exploitation in designated areas under section 712-1207(1)(a) or (2)(a), or convicted of a lesser offense when originally charged with a violation of section 712-1200, 712-1206(2), or 712-1207(1)(a) or (2)(a), may file a motion to vacate the conviction if the defendant is not subsequently convicted of any offense under the Hawaii Penal Code within three years after the date of the original conviction.
(2) The court shall hold a hearing on a motion filed under this section to review the defendant's record over the three years after the date of the original conviction under section 712-1200, 712-1206(2), or 712-1207(1)(a) or (2)(a) or conviction of a lesser offense when originally charged with a violation of any of those sections, and if the court finds that the defendant has not been convicted of any offense under the Hawaii Penal Code within this three year period, the court shall vacate the conviction.
[L 2012, c 216, §2; am L 2015, c 35, §29; am L 2016, c 206, §16; am L 2019, c 176, §2; am L 2021, c 68, §11]
In this part, unless a different meaning is required:
"Age verification records of sexually exploited individuals" means individually identifiable records pertaining to every sexually exploited individual provided to patrons or customers of a public establishment or in a private club or event. Such records shall include:
(1) Each sexually exploited individual's name and date of birth, as ascertained by an examination of the individual's valid driver's license, official state identification card, or passport;
(2) A certified copy of each sexually exploited individual's driver's license, official state identification card, or passport; and
(3) Any name ever used by each sexually exploited individual including but not limited to maiden name, aliases, nicknames, stage names, or professional names.
"Age verification records of sexual performers" means individually identifiable records pertaining to every sexual performer portrayed in a visual depiction of sexual conduct, which include:
(1) Each performer's name and date of birth, as ascertained by the producer's personal examination of a performer's valid driver's license, official state identification card, or passport;
(2) A certified copy of each performer's valid driver's license, official state identification card, or passport; and
(3) Any name ever used by each performer including, but not limited to, maiden name, alias, nickname, stage name, or professional name.
"Community standards" means the standards of the State.
"Disseminate" means to manufacture, issue, publish, sell, lend, distribute, transmit, exhibit, or present material or to offer or agree to do the same.
"Erotic or nude massager" means a nude person providing massage services with or without a license.
"Exotic or nude dancer" means a person performing, dancing, or entertaining in the nude, and includes patrons participating in a contest or receiving instruction in nude dancing.
"Intent to profit" means the intent to obtain monetary gain.
"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, drawings, sculptures, and tape or wire recordings.
"Minor" means any person less than sixteen years old.
"Nude" means unclothed or in attire, including but not limited to sheer or see-through attire, so as to expose to view any portion of the pubic hair, anus, cleft of the buttocks, genitals or any portion of the female breast below the top of the areola.
"Performance" means any play, motion picture film, dance, or other exhibition performed before an audience.
"Pornographic". Any material or performance is "pornographic" if all of the following coalesce:
(a) The average person, applying contemporary community standards would find that, taken as a whole, it appeals to the prurient interest.
(b) It depicts or describes sexual conduct in a patently offensive way.
(c) Taken as a whole, it lacks serious literary, artistic, political, or scientific merit.
"Pornographic for minors". Any material or performance is "pornographic for minors" if:
(1) It is primarily devoted to explicit and detailed narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse; and:
(a) It is presented in such a manner that the average person applying contemporary community standards, would find that, taken as a whole, it appeals to the prurient interest; and
(b) Taken as a whole, it lacks serious literary, artistic, political, or scientific value; or
(2) It contains any photograph, drawing, or similar visual representation of any person of the age of puberty or older revealing such person with less than a fully opaque covering of his or her genitals and pubic area, or depicting such person in a state of sexual excitement or engaged in acts of sexual conduct or sadomasochistic abuse; and:
(a) It is presented in such a manner that the average person, applying contemporary community standards, would find that, taken as a whole, it appeals to the prurient interest; and
(b) Taken as a whole, it lacks serious literary, artistic, political, or scientific value.
"Produces" means to manufacture or publish any pornographic performance, book, magazine, periodical, film, videotape, computer image, or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity that does not involve hiring, contracting for, managing, or otherwise arranging for the participation of the performers depicted.
"Sadomasochistic abuse" means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.
"Sexual conduct" means acts of masturbation, bestiality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast or breasts of a female for the purpose of sexual stimulation, gratification, or perversion.
"Sexual excitement" means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.
"Sexually exploited individuals" means erotic or nude massagers and exotic or nude dancers.
"Sexual performer" includes any person portrayed in a pornographic visual depiction engaging in, or assisting another person to engage in, sexual conduct.
[L 1972, c 9, pt of §1; am L 1981, c 106, §1; am L 2002, c 240, §4; am L 2005 c 10, §; am L 2016, c 16, §4; am L 2018, c 95, §1]
(1) A person commits the offense of displaying indecent matter if the person knowingly or recklessly displays on any sign, billboard, or other object visible from any street, highway, or public sidewalk, a photograph, drawing, sculpture, or similar visual representation of any person of the age of puberty or older:
(a) Which reveals the person with less than a fully opaque covering over his or her genitals, pubic area, or buttocks, or depicting the person in a state of sexual excitement or engaged in an act of sexual conduct or sadomasochistic abuse;
(b) Which is presented in such a manner as to exploit lust; and
(c) Which lacks serious literary, artistic, political, or scientific value.
(2) Displaying indecent material is a petty misdemeanor.
[L 1972, c 9, pt of §1; am L 1981, c 106, §2; am L 1982, c 147, §26; gen ch 1993]
[Repealed]
[L 1973, c 136, §10]
The fact that a person engaged in the conduct specified by section 712-1211 is prima facie evidence that the person engaged in that conduct with knowledge of or in reckless disregard of the character, content, or connotation of the material which is displayed.
[L 1972, c 9, pt of §1; am L 1987, c 176, §5]
(1) A person commits the offense of promoting pornography if, knowing its content and character, the person:
(a) Disseminates for monetary consideration any pornographic material;
(b) Produces, presents, or directs pornographic performances for monetary consideration; or
(c) Participates for monetary consideration in that portion of a performance which makes it pornographic.
(2) Promoting pornography is a misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) A person commits the offense of promoting pornography for minors if:
(a) Knowing its character and content, the person disseminates to a minor material that is pornographic for minors;
(b) Knowing its character and content, the person disseminates material that is pornographic for minors to a law enforcement officer who represents that officer's self as a minor; or
(c) Knowing the character and content of a motion picture film or other performance that, in whole or in part, is pornographic for minors, the person:
(i) Exhibits the motion picture film or other performance to a minor;
(ii) Sells to a minor an admission ticket or pass to premises where there is exhibited or to be exhibited the motion picture film or other performance; or
(iii) Admits a minor to premises where there is exhibited or to be exhibited the motion picture film or other performance.
(2) Subsection (1) does not apply to a parent or legal guardian of the minor or to a sibling of the minor, or to a person who commits any act specified therein in the person's capacity and within the scope of the person's employment as a member of the staff of any public library.
(3) Promoting pornography for minors is a class C felony.
[L 1972, c 9, pt of §1; am L 1974, c 190, §1; am L 1988, c 283, §1; gen ch 1993; am L 2000, c 21, §2; am L 2018, c 96, §1; am L 2024, c 244, §2]
(1) A person, eighteen years of age or older, commits the offense of promoting minor-produced sexual images in the first degree if the person intentionally or knowingly commands, requests, or encourages a minor to use a computer, cell phone, or any other device capable of electronic data transmission or distribution, to transmit to any person a nude photograph or video of a minor.
(2) For purposes of this section, a "minor" means any person under eighteen years of age.
(3) Promoting minor-produced sexual images in the first degree is a misdemeanor.
[L 2012, c 213, pt of §1]
(1) A minor commits the offense of promoting minor-produced sexual images in the second degree if the minor:
(a) Knowingly uses a computer, cell phone, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another person a nude photograph or video of a minor or the minor's self; or
(b) Intentionally or knowingly commands, requests, or encourages another minor to use a computer, cell phone, or any other device capable of electronic data transmission or distribution, to transmit to any person a nude photograph or video of a minor or the minor's self.
(2) A person, of any age, commits the offense of promoting minor-produced sexual images in the second degree if the person knowingly possesses a nude photograph or video of a minor transmitted or distributed in violation of subsection (1). It is an affirmative defense under this subsection that the person took reasonable steps to destroy or eliminate the nude photograph or video of a minor.
(3) For purposes of this section, a "minor" means any person under eighteen years of age.
(4) Promoting minor-produced sexual images in the second degree is a petty misdemeanor.
[L 2012, c 213, pt of §1]
(1) The fact that a person engaged in the conduct specified by section 712-1215 is prima facie evidence that the person engaged in that conduct with knowledge of the character and content of the material disseminated or the performance produced, presented, directed, participated in, exhibited, or to be exhibited.
(2) In a prosecution under section 712-1215, the fact that the person:
(a) To whom material pornographic for minors was disseminated;
(b) To whom a performance pornographic for minors was exhibited;
(c) To whom an admission ticket or pass was sold to premises where there was or was to have been exhibited such performance; or
(d) Who was admitted to premises where there was or was to have been such performance,
was at that time, a minor, is prima facie evidence that the defendant knew the person to be a minor.
[L 1972, c 9, pt of §1; gen ch 1993; am L 2015, c 35, §30]
(1) A person commits the offense of importation, sale, or possession of a childlike sex doll if the person intentionally, knowingly, or recklessly:
(a) Imports or causes to be imported into the State one or more childlike sex dolls;
(b) Sells, offers to sell, distributes, or otherwise provides to another person one or more childlike sex dolls; or
(c) Possesses one or more childlike sex dolls.
(2) The importation, sale, or possession of one childlike sex doll is a misdemeanor.
(3) The importation, sale, or possession of two to five childlike sex dolls is a class C felony.
(4) The importation, sale, or possession of more than five childlike sex dolls is a class B felony.
(5) For purposes of this section, "childlike sex doll" means a doll, mannequin, or robot that is intended for sexual stimulation, gratification, or perversion and that has the features of, or features that resemble those of, a person below the age of puberty.
[L 2021, c 67, §2]
(1) A person commits the offense of open lewdness if in a public place the person does any lewd act which is likely to be observed by others who would be affronted or alarmed.
(2) Open lewdness is a petty misdemeanor.
[L 1972, c 9, pt of §1; gen ch 1993]
[§712-1218] Failure to maintain age verification records of sexual performers. (1) A person commits the offense of failure to maintain age verification records of sexual performers if the person knowingly produces any pornographic performance, book, magazine, periodical, film, videotape, computer image, or other matter that contains one or more pornographic visual depictions made after June 30, 2002, of sexual conduct and:
(a) Knowingly fails to create and maintain age verification records for each sexual performer;
(b) Knowingly makes or causes to be made any false entry into the age verification records of sexual performers required by this section; or
(c) Knowingly fails to produce the age verification records of sexual performers required by this section, upon request by a law enforcement officer for the purpose of verifying the age of a sexual performer.
(2) Failure to maintain age verification records of sexual performers is a class C felony.
[L 2002, c 240, pt of §3]
(1) A person commits the offense of failure to maintain age verification records of sexually exploited individuals if, with the intent to profit therefrom, the person knowingly provides sexually exploited individuals to patrons or customers of a public establishment or provides sexually exploited individuals to a private club or event, and the person:
(a) Knowingly fails to create and maintain age verification records for each sexually exploited individual;
(b) Knowingly makes or causes to be made any false entry into the age verification records of sexually exploited individuals required by this section; or
(c) Knowingly fails to produce the age verification records of sexually exploited individuals required by this section upon request by a law enforcement officer for the purpose of verifying the age of a sexually exploited individual.
(2) Failure to maintain age verification records of sexually exploited individuals is a class C felony.
[L 2002, c 240, pt of §3]
(1) A person commits the offense of failure to affix information disclosing location of age verification records of sexual performers if the person knowingly produces any pornographic book, magazine, periodical, film, videotape, computer image, or other matter that contains one or more pornographic visual depictions made after June 30, 2002, of sexual conduct and fails to affix to each copy a statement describing where any records required by section 712-1218 with respect to all performers depicted in that copy of the matter may be located, including the current address and telephone number of the custodian of those records.
(2) If the person to whom any recordkeeping requirement of section 712-1218 applies is an organization, the affixed information required under subsection (1) shall include the name, title, and business address of the individual employed by the organization who is responsible for maintaining the records required by section 712-1218.
(3) Failure to affix information disclosing the location of age verification records of sexual performers is a class C felony.
[L 2002, c 240, pt of §3]
(1) A person commits the offense of disseminating visual depiction of sexual conduct without affixed information disclosing location of age verification records of sexual performers if the person knowingly disseminates, sells, or otherwise transfers, or offers for sale or transfer, any book, magazine, periodical, film, videotape, computer image, or other matter that contains one or more visual depictions made after June 30, 2002, of sexual conduct, and that does not have affixed thereto a statement describing where the age verification records required by section 712-1218 may be located; provided that this section shall not be construed to impose a duty upon any persons to determine the accuracy of the contents of the affixed statement or of the records required to be kept at that location.
(2) Disseminating visual depiction of sexual conduct without affixed information disclosing location of age verification records of sexual performers is a misdemeanor.
[L 2002, c 240, pt of §3]
In this part unless a different meaning plainly is required, the following definitions apply[:]
"Advance gambling activity". [Repeal and reenactment on July 1, 2029. L 2024, c 249, §4.] A person "advances gambling activity" if the person:
(1) Engages in conduct that materially aids any form of gambling activity. Conduct of this nature includes but is not limited to conduct directed toward:
(A) The creation or establishment of the particular game, contest, scheme, device, or activity involved;
(B) The acquisition or maintenance of premises, paraphernalia, equipment, or apparatus therefor;
(C) The solicitation or inducement of persons to participate therein;
(D) The actual conduct of the playing phases thereof;
(E) The arrangement of any of its financial or recording phases; or
(F) Any other phase of its operation; or
(2) Having substantial proprietary control or other authoritative control over premises being used with the person's knowledge for purposes of gambling activity, permits that activity to occur or continue.
"Bookmaking" means advancing gambling activity by accepting bets from members of the public upon the outcomes of future contingent events.
"Contest of chance" means any contest, game, gaming scheme, or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein.
"Gambling". A person engages in gambling if he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he or someone else will receive something of value in the event of a certain outcome. Gambling does not include bona fide business transactions valid under the law of contracts, including but not limited to contracts for the purchase or sale at a future date of securities or commodities, and agreements to compensate for loss caused by the happening of chance, including but not limited to contracts of indemnity or guaranty and life, health, or accident insurance.
"Gambling device" means any device, machine, paraphernalia, or equipment that is used or usable in the playing phases of any gambling activity, whether that activity consists of gambling between persons or gambling by a person involving the playing of a machine. However, lottery tickets and other items used in the playing phases of lottery schemes are not gambling devices within this definition.
"Lottery" means a gambling scheme in which:
(a) The players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other medium, one or more of which chances are to be designated the winning ones; and
(b) The winning chances are to be determined by a drawing or by some other method based on an element of chance; and
(c) The holders of the winning chances are to receive something of value.
"Mutuel" means a form of lottery in which the winning chances or plays are not determined upon the basis of a drawing or other act on the part of persons conducting or connected with the scheme, but upon the basis of the outcome or outcomes of a future contingent event or events otherwise unrelated to the particular scheme.
"Player" means a person who engages in gambling solely as a contestant or bettor.
"Profit from gambling activity". A person "profits from gambling activity" if he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of gambling activity.
"Social gambling" is defined in section 712-1231.
"Something of value" means any money or property, any token, object, or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein, or involving extension of a service or entertainment.
[L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; am L 2022, c 111, §3; am L 2024, c 249, §1]
(1) A person commits the offense of promoting gambling in the first degree if the person recklessly advances or profits from gambling activity by:
(a) Engaging in bookmaking to the extent that the person receives or accepts in any seven-day period more than five bets totaling more than $500;
(b) Receiving in connection with a lottery, or mutuel scheme or enterprise, money or written records from a person other than a player whose chances or plays are represented by such money or records; or
(c) Receiving or having become due and payable in connection with a lottery, mutuel, or other gambling scheme or enterprise, more than $1,000 in any seven-day period played in the scheme or enterprise.
(2) Promoting gambling in the first degree is a class B felony.
[L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; am L 1983, c 161, §1; am L 1987, c 83, §1; gen ch 1992; am L 2022, c 111, §4]
(1) A person commits the offense of promoting gambling in the second degree if the person negligently advances or profits from gambling activity.
(2) Promoting gambling in the second degree is a class C felony.
[L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; am L 1987, c 83, §2; gen ch 1992; am L 2022, c 111, §5]
(1) A person commits the offense of promoting gambling aboard ships if the person knowingly advances or profits from gambling activity by:
(a) Managing, supervising, controlling, operating, or owning, either alone or in association with others, a gambling ship;
(b) Managing, supervising, controlling, operating, or owning, either alone or in association with others, any craft which embarks from any point within the State, and disembarks at the same or another point within the State, during which the person intentionally causes or knowingly permits gambling activity to be conducted, whether within or without the waters of the State; or
(c) Transporting, conveying, or carrying any person to a gambling ship or a craft described in paragraph (b).
(2) In this section:
(a) "Craft" includes every boat, ship, vessel, barge, hulk, or other thing capable of floating.
(b) "Gambling ship" means any craft kept, operated, or maintained for the purpose of gambling, whether within or without the waters of the State and whether it is anchored, moored, lying to, or navigating.
(3) This section shall not apply to gambling activity conducted during travel from foreign nations or another state or territory of the United States to the point of first entry into state waters or during travel to foreign nations or another state or territory of the United States from the point of final exit from state waters; provided that nothing herein shall preclude prosecution for any offense under this part.
(4) Promoting gambling aboard ships is a class C felony.
[L 1990, c 196, §1; am L 1992, c 57, §2; gen ch 1992]
(1) A person commits the offense of gambling if the person knowingly participates in any gambling activity.
(2) Gambling is a misdemeanor.
[L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; gen ch 1993; am L 2022, c 111, §6]
(1) A person commits the offense of possession of gambling records in the first degree if the person knowingly possesses, produces, or distributes any writing, paper, instrument, or article:
(a) Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise, and constituting, reflecting, or representing more than five bets totaling more than $500; or
(b) Of a kind commonly used in the operation, promotion, or playing of a lottery or mutuel scheme or enterprise, and constituting, reflecting, or representing more than one hundred plays or chances therein or one play or chance wherein the winning amount exceeds $5,000.
(2) Possession of gambling records in the first degree is a class C felony.
[L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; am L 1980, c 174, §1; gen ch 1993]
(1) A person commits the offense of possession of gambling records in the second degree if the person knowingly possesses any writing, paper, instrument, or article:
(a) Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise; or
(b) Of a kind commonly used in the operation, promotion, or playing of a lottery or mutuel scheme or enterprise.
(2) Possession of gambling records in the second degree is a misdemeanor.
[L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; gen ch 1993]
(1) A person commits the offense of possession of a gambling device if the person manufactures, sells, transports, places, possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody, or use of any gambling device, knowing it is to be used in the advancement of gambling activity which is not social gambling.
(2) Possession of a gambling device is a misdemeanor.
[L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; gen ch 1993]
In any prosecution under sections 712-1224 and [712-1225], it is a defense that the writing, paper, instrument, or article possessed by the defendant was neither used nor intended to be used in the advancement of gambling activity, except for records used in social gambling.
[L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1]
(1) Proof that a person knowingly possessed any gambling record specified in sections 712-1224 and 712-1225 or any gambling device in section 712-1226 is prima facie evidence that the person possessed the record or device with knowledge of its contents and character.
(2) In any prosecution under this part in which it is necessary to prove the occurrence of a sporting event, a published report of its occurrence in any daily newspaper, magazine, or other periodically printed publication of general circulation, shall be admissible in evidence and shall constitute prima facie evidence of the occurrence of the event.
[L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1]
It is no defense to a prosecution under any section of this part relating to a lottery that the lottery itself is drawn or conducted outside this State and is not in violation of the laws of the jurisdiction in which it is drawn or conducted.
[L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1]
Any gambling device, paraphernalia used on fighting animals, or birds, implements, furniture, personal property, vehicles, vessels, aircraft, or gambling record possessed or used in violation of this part, or any money or personal property used as a bet or stake in gambling activity in violation of this part, may be ordered forfeited to the State, subject to the requirements of chapter 712A.
[L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; am L 1979, c 83, §1; am L 1989, c 261, §22; am L 1992, c 57, §3]
(a) Definition. "Social gambling" means gambling in which all of the following conditions are present:
(1) Players compete on equal terms with each other; and
(2) No player receives, or becomes entitled to receive, anything of value or any profit, directly or indirectly, other than the player's personal gambling winnings; and
(3) No other person, corporation, unincorporated association, or entity receives or becomes entitled to receive, anything of value or any profit, directly or indirectly, from any source, including but not limited to permitting the use of premises, supplying refreshments, food, drinks, service, lodging or entertainment; and
(4) It is not conducted or played in or at a hotel, motel, bar, nightclub, cocktail lounge, restaurant, massage parlor, billiard parlor, or any business establishment of any kind, public parks, public buildings, public beaches, school grounds, churches or any other public area; and
(5) None of the players is below the age of majority; and
(6) The gambling activity is not bookmaking.
(b) Affirmative defense:
(1) In any prosecution for an offense described in [section] 712-1223, 712-1224, 712-1225 or 712-1226, a defendant may assert the affirmative defense that the gambling activity in question was a social gambling game as defined in [section] 712-1231(a).
(2) If the defendant asserts the affirmative defense, the defendant shall have the burden of going forward with evidence to prove the facts constituting such defense unless such facts are supplied by the testimony of the prosecuting witness or circumstance in such testimony, and of proving such facts by a preponderance of evidence.
(c) In any prosecution for an offense described in this part the fact that the gambling activity involved was other than a social gambling game shall not be an element of the offense to be proved by the prosecution in making out its prima facie case.
[L 1973, c 201, pt of §1; gen ch 1993]
A savings promotion or prize-linked savings contest conducted by a financial institution pursuant to section 412:4-113 is not gambling and shall not constitute a lottery unless the chance to win a prize requires consideration. Consideration shall not include:
(1) The deposit of a specified minimum amount of money into a savings promotion or prize-linked savings account that results in an entry in a savings promotion or prize-linked savings contest;
(2) The interest earned, if any, on the consumer's savings promotion or prize-linked savings account; or
(3) Any fee or amount to administer or maintain the savings promotion or prize-linked savings account.
[L 2019, c 253, §3]
In this part, unless a different meaning plainly is required:
"Dangerous drugs" means any substance or immediate precursor defined or specified as a "Schedule I substance" or a "Schedule II substance" by chapter 329, or a substance specified in section 329-18(c)(14), except marijuana or marijuana concentrate.
"Detrimental drug" means any substance or immediate precursor defined or specified as a "Schedule V substance" by chapter 329, or any marijuana.
"Dosage unit" for purposes of section 712-1241 and section 712-1242 means an entity designed and intended for singular consumption or administration.
"Harmful drug" means any substance or immediate precursor defined or specified as a "Schedule III substance" or a "Schedule IV substance" by chapter 329, or any marijuana concentrate except marijuana and a substance specified in section 329-18(c)(14).
"Hemp" [Definition repealed July 1, 2027. L 2023, c 263, §15.] means all parts of the plant (genus) cannabis, whether growing or not, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 per cent on a dry weight basis, as measured post-decarboxylation or other similarly reliable methods.
"Immediate precursor" means a substance which the department of health, State of Hawaii, has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture.
"Intoxicating compounds" means any compound, liquid or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis or irrational behavior, or in any manner changing, distorting or disturbing the auditory, visual or mental processes. For the purposes of this section, any such condition so induced shall be deemed to be an intoxicated condition.
"Intoxicating liquor" means any substance defined as "liquor" or "intoxicating liquor" by section 281-1.
"Manufacture" means to produce, prepare, compound, convert, or process a dangerous drug, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical conversion or synthesis.
"Marijuana" [Repeal and reenactment on July 1, 2027. L 2023, c 263, §15.] means any part of the plant (genus) cannabis, whether growing or not, including the seeds and the resin, and every alkaloid, salt, derivative, preparation, compound, or mixture of the plant, its seeds or resin, except that, as used herein, "marijuana" shall not include:
(1) Hashish, tetrahydrocannabinol, and any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinol;
(2) Hemp that is in the possession, custody, or control of an individual or entity that holds a license to produce hemp issued by the United States Department of Agriculture pursuant to title 7 [United States] Code section 1639q;
(3) Hemp that is in the possession, custody, or control of a person or entity that is authorized under state law to process hemp; or
(4) A product containing or derived from hemp that:
(A) Does not include any living hemp plants, viable seeds, leaf materials, or floral materials; and
(B) Has a delta-9-tetrahydrocannabinol concentration of not more than 0.3 per cent, as measured post-decarboxylation or other similarly reliable methods.
"Marijuana concentrate" [Repeal and reenactment on July 1, 2027. L 2023, c 263, §15.] means hashish, tetrahydrocannabinol, or any alkaloid, salt, derivative, preparation, compound, or mixture, whether natural or synthesized, of tetrahydrocannabinol, except that, as used herein, "marijuana concentrate" shall not include:
(1) Hemp that is in the possession, custody, or control of an individual or entity that holds a license to produce hemp, issued by the Secretary of the United States Department of Agriculture pursuant to title 7 United States Code section 1639q; or
(2) A product containing or derived from hemp, including any product containing one or more hemp-derived cannabinoids such as cannabidiol, that:
(A) Does not include any living hemp plants, viable seeds, leaf materials, or floral materials; and
(B) Has a delta-9-tetrahydrocannabinol concentration of not more than 0.3 per cent, as measured post-decarboxylation or other similarly reliable methods.
"Minor" means a person who has not reached the age of majority.
"Ounce" means an avoirdupois ounce as applied to solids and semi-solids, and a fluid ounce as applied to liquids.
"Practitioner" means[:]
(1) A physician, dentist, veterinarian, scientific investigator, or other person licensed, registered, or otherwise permitted to distribute, dispense, prescribe, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State.
(2) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, prescribe, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this State.
"To distribute" means to sell, transfer, prescribe, give, or deliver to another, or to leave, barter, or exchange with another, or to offer or agree to do the same.
"To sell" means to transfer to another for consideration.
[L 1972, c 9, pt of §1; am L 1975, c 163, §6(a), (b); am L 1979, c 112, §2; am L 1984, c 122, §2; am L 1987, c 176, §6 and c 356, §1; am L 1997, c 319, §1; am L 2004, c 193, §4; am L 2012, c 34, §15; am L 2020, c 14, §§5, 9; am L 2022, c 137, §2]
(1) It is a defense to prosecution for any offense defined in this part that the person who possessed or distributed the dangerous, harmful, or detrimental drug did so under authority of law as a practitioner, as an ultimate user of the drug pursuant to a lawful prescription, or as a person otherwise authorized by law.
(2) It is an affirmative defense to prosecution for any marijuana-related offense defined in this part that the person who possessed or distributed the marijuana was authorized to possess or distribute the marijuana for medical purposes pursuant to part IX of chapter 329.
[L 1977, c 137, §1; am L 2000, c 228, §4]
(1) Except as provided in subsection (2), any person convicted of manufacturing a controlled substance in violation of this chapter, who commits the offense knowing that a child under the age of sixteen is present in the structure where the offense occurs, shall be sentenced to a term of two years imprisonment to run consecutively to the maximum indeterminate term of imprisonment for the conviction of any offense involving the manufacturing of a controlled substance.
(2) Any person convicted of manufacturing a controlled substance in violation of this chapter, who commits the offense knowing that a child under the age of eighteen is present in the structure where the offense occurs and causes the child to suffer serious or substantial bodily injury as defined in section 707-700, shall be sentenced to a term of five years imprisonment to run consecutively to the maximum indeterminate term of imprisonment for the conviction of any offense involving the manufacturing of a controlled substance.
(3) As used in this section, "structure" means any house, apartment building, shop, warehouse, building, vessel, cargo container, motor vehicle, tent, recreational vehicle, trailer, or other enclosed space capable of holding a child and equipment for the manufacture of a controlled substance.
[L 2004, c 44, pt of §3]
[Repealed]
[L 2006, c 230, §50]
(1) A person commits the offense of methamphetamine trafficking if the person knowingly:
(a) Distributes methamphetamine in any amount to a minor; or
(b) Manufactures methamphetamine in any amount.
(2) Methamphetamine trafficking is a class A felony for which the defendant shall be sentenced as provided in subsection (3).
(3) Notwithstanding sections 706-620(2), 706-640, 706-641, 706-659, 706-669, and any other law to the contrary, a person convicted of methamphetamine trafficking shall be sentenced to an indeterminate term of imprisonment of twenty years with a mandatory minimum term of imprisonment of not less than two years and not greater than eight years and a fine not to exceed $20,000,000; provided that:
(a) If the person has one prior conviction for methamphetamine trafficking pursuant to this section, promoting a dangerous drug in the first degree pursuant to section 712-1241 and methamphetamine was the drug upon which the conviction was predicated, or section 712-1240.8 as that section was in effect prior to July 1, 2016, the mandatory minimum term of imprisonment shall be not less than six years, eight months and not greater than thirteen years, four months;
(b) If the person has two prior convictions for methamphetamine trafficking pursuant to this section, promoting a dangerous drug in the first degree pursuant to section 712-1241 and methamphetamine was the drug upon which the conviction was predicated, or section 712-1240.8, as that section was in effect prior to July 1, 2016, the mandatory minimum term of imprisonment shall be not less than thirteen years, four months and not greater than twenty years; or
(c) If the person has three or more prior convictions for methamphetamine trafficking pursuant to this section, promoting a dangerous drug in the first degree pursuant to section 712-1241 and methamphetamine was the drug upon which the conviction was predicated, or section 712-1240.8 as that section was in effect prior to July 1, 2016, the mandatory minimum term of imprisonment shall be twenty years.
[L 2006, c 230, pt of §4; am L 2016, c 231, §52]
[Repealed]
[L 2016, c 231, §56]
When sentencing a defendant convicted of methamphetamine trafficking pursuant to section 712-1240.7 or 712-1240.8 as that section was in effect prior to July 1, 2016, the court may order restitution or reimbursement to the State or appropriate county government for the cost incurred for any cleanup associated with the manufacture or distribution of methamphetamine and to any other person injured as a result of the manufacture or distribution of methamphetamine.
[L 2006, c 230, pt of §4; am L 2016, c 231, §53]
(1) A person commits the offense of promoting a dangerous drug in the first degree if the person knowingly:
(a) Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of:
(i) One ounce or more, containing methamphetamine, heroin, morphine, fentanyl, or cocaine or any of their respective salts, isomers, and salts of isomers; or
(ii) One and one-half ounce or more, containing one or more of any of the other dangerous drugs;
(b) Distributes:
(i) Twenty-five or more capsules, tablets, ampules, dosage units, or syrettes containing one or more dangerous drugs; or
(ii) One or more preparations, compounds, mixtures, or substances of an aggregate weight of:
(A) One-eighth ounce or more, containing methamphetamine, heroin, morphine, fentanyl, or cocaine or any of their respective salts, isomers, and salts of isomers; or
(B) Three-eighths ounce or more, containing any other dangerous drug;
(c) Distributes any dangerous drug in any amount to a minor except for methamphetamine; or
(d) Manufactures a dangerous drug in any amount, except for methamphetamine; provided that this subsection shall not apply to any person registered under section 329-32.
(2) Promoting a dangerous drug in the first degree is a class A felony.
[L 1972, c 9, pt of §1; am L 1975, c 163, §6(c); am L 1979, c 112, §1; am L 1981, c 31, §1; am L 1982, c 9, §1; am L 1988, c 146, §1; am L 1989, c 163, §1; gen ch 1992; am L 1996, c 308, §2; am L 1997, c 319, §2; am L 2002, c 161, §6; am L 2004, c 44, §5; am L 2006, c 230, §49; am L 2016, c 231, §54; am L 2025, c 4, §1]
(1) A person commits the offense of promoting a dangerous drug in the second degree if the person knowingly:
(a) Possesses twenty-five or more capsules, tablets, ampules, dosage units, or syrettes, containing one or more dangerous drugs;
(b) Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of:
(i) One-eighth ounce or more, containing methamphetamine, heroin, morphine, fentanyl, or cocaine or any of their respective salts, isomers, and salts of isomers; or
(ii) One-fourth ounce or more, containing any dangerous drug; or
(c) Distributes any dangerous drug in any amount.
(2) Promoting a dangerous drug in the second degree is a class B felony.
[L 1972, c 9, pt of §1; am L 1975, c 163, §6(d); am L 1982, c 9, §2; am L 1987, c 176, §7 and c 356, §2; am L 1988, c 291, §1; am L 1989, c 163, §2; gen ch 1992; am L 1996, c 308, §3; am L 2002, c 161, §7; am L 2004, c 44, §6; am L 2007, c 27, §1; am L 2016, c 231, §55; am L 2025, c 4, §2]
(1) A person commits the offense of promoting a dangerous drug in the third degree if the person knowingly possesses any dangerous drug in any amount.
(2) Promoting a dangerous drug in the third degree is a class C felony.
[L 1972, c 9, pt of §1; am L 1975, c 163, §6(e); gen ch 1993; am L 1996, c 308, §4; am L 2002, c 161, §8; am L 2004, c 44, §7]
(1) A person commits the offense of promoting a harmful drug in the first degree if the person knowingly:
(a) Possesses one hundred or more capsules or tablets or dosage units containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof;
(b) Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one ounce or more containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof;
(c) Distributes twenty-five or more capsules or tablets or dosage units containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof;
(d) Distributes one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one-eighth ounce or more, containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof; or
(e) Distributes any harmful drug or any marijuana concentrate in any amount to a minor.
(2) Promoting a harmful drug in the first degree is a class A felony.
[L 1972, c 9, pt of §1; am L 1975, c 119, §1 and c 163, §6(f); am L 1979, c 105, §66; am L 1981, c 31, §2; am L 1989, c 163, §3; gen ch 1992]
(1) A person commits the offense of promoting a harmful drug in the second degree if the person knowingly:
(a) Possesses fifty or more capsules or tablets or dosage units containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof;
(b) Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one-eighth ounce or more, containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof; or
(c) Distributes any harmful drug or any marijuana concentrate in any amount.
(2) Promoting a harmful drug in the second degree is a class B felony.
[L 1972, c 9, pt of §1; am L 1975, c 119, §2 and c 163, §6(g); am L 1989, c 163, §4; gen ch 1992]
(1) A person commits the offense of promoting a harmful drug in the third degree if the person knowingly possesses twenty-five or more capsules or tablets or dosage units containing one or more of the harmful drugs or one or more of the marijuana concentrates, or any combination thereof.
(2) Promoting a harmful drug in the third degree is a class C felony.
[L 1972, c 9, pt of §1; am L 1975, c 163, §6(h); am L 1989, c 163, §5; gen ch 1992]
(1) A person commits the offense of promoting a harmful drug in the fourth degree if the person knowingly possesses any harmful drug in any amount.
(2) Promoting a harmful drug in the fourth degree is a misdemeanor.
[L 1989, c 163, §6]
(1) A person commits the offense of promoting a detrimental drug in the first degree if the person knowingly:
(a) Possesses four hundred or more capsules or tablets containing one or more of the Schedule V substances;
(b) Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more, containing one or more of the Schedule V substances;
(c) Distributes fifty or more capsules or tablets containing one or more of the Schedule V substances;
(d) Distributes one or more preparations, compounds, mixtures, or substances of an aggregate weight of one-eighth ounce or more, containing one or more of the Schedule V substances;
(e) Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of one pound or more, containing any marijuana;
(f) Distributes one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more, containing any marijuana;
(g) Possesses, cultivates, or has under the person's control twenty-five or more marijuana plants; or
(h) Sells or barters any marijuana or any Schedule V substance in any amount.
(2) Promoting a detrimental drug in the first degree is a class C felony.
(3) Any marijuana seized as evidence of a violation of this section in excess of one pound may be destroyed after it has been photographed and the weight thereof recorded. The remainder of the marijuana shall remain in the custody of the police department until the termination of any criminal action brought as a result of the seizure of the marijuana. Photographs duly identified as accurately representing the marijuana shall be deemed competent evidence of the marijuana involved and shall be admissible in any proceeding, hearing, or trial to the same extent as the marijuana itself; provided that nothing in this subsection shall be construed to limit or to restrict the application of rule 901 of the Hawaii rules of evidence.
[L 1972, c 9, pt of §1; am L 1975, c 163, §6(i); am L 1981, c 31, §3 and c 123, §1; am L 1986, c 314, §75; am L 1989, c 384, §2]
(1) A person commits the offense of promoting a detrimental drug in the second degree if the person knowingly:
(a) Possesses fifty or more capsules or tablets containing one or more of the Schedule V substances;
(b) Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one-eighth ounce or more, containing one or more of the Schedule V substances;
(c) Possesses one or more preparations, compounds, mixtures, or substances, of an aggregate weight of one ounce or more, containing any marijuana; or
(d) Distributes any marijuana or any Schedule V substance in any amount.
(2) Promoting a detrimental drug in the second degree is a misdemeanor.
[L 1972, c 9, pt of §1; am L 1975, c 163, §6(j); am L 1989, c 384, §3]
(1) A person commits the offense of promoting a detrimental drug in the third degree if the person knowingly possesses any marijuana or any Schedule V substance in any amount.
(2) Promoting a detrimental drug in the third degree is a petty misdemeanor; provided that possession of three grams or less of marijuana is a violation, punishable by a fine of $130.
[L 1972, c 9, pt of §1; am L 1975, c 163, §6(k); gen ch 1993; am L 2019, c 273, §3; am L 2019, c 273, §3]
(1) A person commits the offense of commercial promotion of marijuana in the first degree if the person knowingly:
(a) Possesses marijuana having an aggregate weight of twenty-five pounds or more;
(b) Distributes marijuana having an aggregate weight of five pounds or more;
(c) Possesses, cultivates, or has under the person's control one hundred or more marijuana plants;
(d) Cultivates on land owned by another person, including land owned by the government or other legal entity, twenty-five or more marijuana plants, unless the person has the express permission from the owner of the land to cultivate the marijuana or the person has a legal or an equitable ownership interest in the land or the person has a legal right to occupy the land; or
(e) Uses, or causes to be used, any firearm or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in the manner used is capable of causing death, serious bodily injury, substantial bodily injury, or other bodily injury, as defined in chapter 707 in order to prevent the theft, removal, search and seizure, or destruction of marijuana.
(2) Commercial promotion of marijuana in the first degree is a class A felony.
(3) Any marijuana seized as evidence in violation of this section in excess of an aggregate weight of twenty-five pounds as stated in subsection (1)(a), or in excess of an aggregate weight of five pounds as stated in subsection (1)(b), or in excess of one hundred marijuana plants as stated in subsection (1)(c), or in excess of twenty-five marijuana plants as stated in subsection (1)(d) may be destroyed after the excess amount has been photographed and the number of plants and the weight thereof has been recorded. The required minimum amount of the marijuana needed to constitute the elements of this offense shall remain in the custody of the police until the termination of any criminal action brought as a result of the seizure of the marijuana. Photographs duly identified as accurately representing the marijuana shall be deemed competent evidence of the marijuana involved and shall be admissible in any proceeding, hearing, or trial to the same extent as the marijuana itself; provided that nothing in this subsection shall be construed to limit or restrict the application of rule 901 of the Hawaii rules of evidence.
[L 1989, c 384, §1]
(1) A person commits the offense of commercial promotion of marijuana in the second degree if the person knowingly:
(a) Possesses marijuana having an aggregate weight of two pounds or more;
(b) Distributes marijuana having an aggregate weight of one pound or more;
(c) Possesses, cultivates, or has under the person's control fifty or more marijuana plants;
(d) Cultivates on land owned by another person, including land owned by the government or other legal entity, any marijuana plant, unless the person has the express permission from the owner of the land to cultivate the marijuana or the person has a legal or an equitable ownership interest in the land or the person has a legal right to occupy the land; or
(e) Sells or barters any marijuana or any Schedule V substance in any amount to a minor.
(2) Commercial promotion of marijuana in the second degree is a class B felony.
(3) Any marijuana seized as evidence in violation of this section in excess of an aggregate weight of two pounds as stated in subsection (1)(a), or in excess of an aggregate weight of one pound as stated in subsection (1)(b), or in excess of twenty-five marijuana plants as stated in subsection (1)(c) may be destroyed after the excess amount has been photographed and the number of plants and the weight thereof has been recorded. The required minimum amount of the marijuana needed to constitute the elements of this offense shall remain in the custody of the police until the termination of any criminal action brought as a result of the seizure of the marijuana. Photographs duly identified as accurately representing the marijuana shall be deemed competent evidence of the marijuana involved and shall be admissible in any proceeding, hearing, or trial to the same extent as the marijuana itself; provided that nothing in this subsection shall be construed to limit or to restrict the application of rule 901 of the Hawaii rules of evidence.
[L 1986, c 314, §76; am L 1987, c 176, §8; am L 1989, c 384, §4]
(1) A person commits the offense of promoting a controlled substance in, on, or near schools, school vehicles, public parks, or public housing projects or complexes if the person knowingly:
(a) Distributes or possesses with intent to distribute a controlled substance in any amount in or on the real property comprising a school, public park, or public housing project or complex;
(b) Distributes or possesses with intent to distribute a controlled substance in any amount within seven hundred and fifty feet of the real property comprising a school, public park, or public housing project or complex;
(c) Distributes or possesses with intent to distribute a controlled substance in any amount while on any school vehicle, or within ten feet of a parked school vehicle during the time that the vehicle is in service for or waiting to transport school children; or
(d) Manufactures methamphetamine or any of its salts, isomers, and salts of isomers, within seven hundred and fifty feet of the real property comprising a school, public park, or public housing project or complex.
(2) A person who violates subsection (1)(a), (b), or (c) is guilty of a class C felony. A person who violates subsection (1)(d) is guilty of a class A felony.
(3) Any person with prior conviction or convictions under subsection (1)(a), (b), or (c) is punishable by a term of imprisonment of not less than two years and not more than ten years.
(4) Any individual convicted under subsection (3) of this section shall not be eligible for parole until the individual has served the minimum sentence required by such subsection.
(5) For the purposes of this section, "school vehicle" means every school vehicle as defined in section 286-181 and any regulations adopted pursuant to that section.
(6) For purposes of this section, "school" means any public or private preschool, kindergarten, elementary, intermediate, middle secondary, or high school.
(7) For purposes of this section, "public housing project or complex" means a housing project directly controlled, owned, developed, or managed by the Hawaii public housing authority pursuant to the federal or state low-rent public housing program.
[L 1988, c 284, §1; am L 1991, c 11, §1; am L 2003, c 70, §1; am L 2004, c 44, §8; am L 2012, c 23, §1]
(1) A person age eighteen or over commits the offense of promoting a controlled substance through a minor if the person knowingly employs, hires, uses, persuades, induces, entices, or coerces a minor to facilitate the illegal distribution of a controlled substance.
(2) The offense of promoting a controlled substance through a minor is a class B felony unless the offense occurs in, on, or near the real property comprising a school, school vehicles, or public parks as prohibited under section 712-1249.6, in which case it is a class A felony.
[L 2004, c 44, pt of §3]
(1) A person commits the offense of promoting intoxicating compounds if the person knowingly:
(a) Breathes, inhales, or drinks any compound, liquid, or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance for the purpose of inducing a condition of intoxication, stupefaction, depression, giddiness, paralysis or irrational behavior, or in any manner changing, distorting or disturbing the auditory, visual or mental processes.
(b) Sells or offers for sale, delivers or gives to any person under eighteen years of age, unless upon written order of such person's parent or guardian, any compound liquid or chemical containing toluol, hexane, trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexanone, or any other substance which will induce an intoxicated condition, as defined herein, when the seller, offeror or deliveror knows or has reason to know that such compound is intended for use to induce such condition.
(2) Promoting intoxicating compounds is a misdemeanor.
(3) This section shall not apply to any person who commits any act described herein pursuant to the direction or prescription of a practitioner, as defined in the "Hawaii Food, Drug and Cosmetic Act" (section 328-16).
[L 1972, c 9, pt of §1; am L 1975, c 163, §6(1); gen ch 1993]
(1) A person, including any licensee as defined in section 281-1, commits the offense of promoting intoxicating liquor to a person under the age of twenty-one if the person recklessly:
(a) Sells or offers for sale, influences the sale, serves, delivers, or gives to a person intoxicating liquor, and the person receiving the intoxicating liquor is a person under the age of twenty-one; or
(b) Permits a person to possess intoxicating liquor while on property under his control, and the person possessing the intoxicating liquor is a person under the age of twenty-one.
(2) It is a defense to a prosecution for promoting intoxicating liquor to a person under the age of twenty-one that:
(a) The intoxicating liquor provided to the person under the age of twenty-one was an ingredient in a medicine prescribed by a licensed physician for medical treatment of the person under the age of twenty-one;
(b) The intoxicating liquor was provided to the person under the age of twenty-one as part of a ceremony of a recognized religion;
(c) The defendant provided the intoxicating liquor to the person under the age of twenty-one with the belief, which was reasonable under the circumstances, that the person under the age of twenty-one had attained the age of twenty-one;
(d) The defendant provided the intoxicating liquor to the person under the age of twenty-one with the express consent of the parent or legal guardian and with the belief, which was reasonable under the circumstances, that the person under the age of twenty-one would not consume any portion of the substance;
(e) The defendant provided the intoxicating liquor to the person under the age of twenty-one with the express consent of the parent or legal guardian and with the belief, which was reasonable under the circumstances, that the person under the age of twenty-one would consume the substance only in the presence of the parent or legal guardian; or
(f) The intoxicating liquor was possessed by the person under the age of twenty-one to be sold or served as allowed by law.
(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, nature, and quantity of the intoxicating liquor possessed, distributed, or sold.
The fact that the defendant distributed or sold intoxicating liquor to a person under the age of twenty-one is prima facie evidence that the defendant knew the transferee was a person under the age of twenty-one, except as provided in subsection (2)(c).
(4) Promoting intoxicating liquor to a person under the age of twenty-one is a misdemeanor.
[L 1984, c 122, §1; am L 1986, c 342, §4; am L 1987, c 283, §70; am L 1991, c 206, §2; am L 1992, c 207, §2; am L 2006, c 203, §2; am L 2013, c 54, §1]
(1) Except as provided in subsection (2), the presence of a dangerous drug, harmful drug, or detrimental drug in a motor vehicle, other than a public omnibus, is prima facie evidence of knowing possession thereof by each and every person in the vehicle at the time the drug was found.
(2) Subsection (1) does not apply to:
(a) Other occupants of the motor vehicle if the substance is found upon the person of one of the occupants therein;
(b) All occupants, except the driver or owner of the motor vehicle, if the substance is found in some portion of the vehicle normally accessible only to the driver or owner; or
(c) The driver of a motor vehicle who is at the time operating it for hire in the pursuit of the driver's trade, if the substance is found in a part of the vehicle used or occupied by passengers.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) The fact that a person engaged in the conduct specified by any section in this part is prima facie evidence that the person engaged in that conduct with knowledge of the character, nature, and quantity of the dangerous drug, harmful drug, detrimental drug, or intoxicating compounds possessed, distributed, or sold.
(2) The fact that the defendant distributed or sold a dangerous drug, harmful drug, detrimental drug, or intoxicating compound to a minor is prima facie evidence that the defendant knew the transferee to be a minor.
[L 1972, c 9, pt of §1; am L 1984, c 122, §3; am L 1986, c 342, §5; am L 1987, c 283, §70; am L 1991, c 206, §2; am L 1992, c 207, §2; gen ch 1992]
Any penalty imposed for violation of this chapter or chapter 329 is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
[L 1972, c 9, pt of §1; am L 1987, c 176, §9]
If a violation of this part or chapter 329 is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this State.
[L 1972, c 9, pt of §1]
(1) Whenever any person who has not previously been convicted of any offense under this chapter or chapter 329 or under any statute of the United States or of any state relating to a dangerous drug, harmful drug, detrimental drug, or an intoxicating compound, pleads guilty to or is found guilty of promoting a dangerous drug, harmful drug, detrimental drug, or an intoxicating compound under section 712-1243, 712-1245, 712-1246, 712-1248, 712-1249, or 712-1250, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place the accused on probation upon terms and conditions. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided.
(2) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person.
(3) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
(4) There may be only one discharge and dismissal under this section with respect to any person.
(5) After conviction, for any offense under this chapter or chapter 329, but prior to sentencing, the court shall be advised by the prosecutor whether the conviction is defendant's first or a subsequent offense. If it is not a first offense, the prosecutor shall file an information setting forth the prior convictions. The defendant shall have the opportunity in open court to affirm or deny that the defendant is identical with the person previously convicted. If the defendant denies the identity, sentence shall be postponed for such time as to permit the trial, before a jury if the defendant has a right to trial by jury and demands a jury, on the sole issue of the defendant's identity with the person previously convicted.
[L 1972, c 9, pt of §1; am L 1987, c 176, §10; gen ch 1993]
(1) Upon the dismissal of such person and discharge of the proceeding against the person under section 712-1255, this person, if the person was not over twenty years of age at the time of the offense, may apply to the court for an order to expunge from all official records all recordation relating to the person's arrest, indictment, or information, trial, finding of guilt, and dismissal and discharge pursuant to this section.
(2) If the court determines, after hearing, that such person was dismissed and the proceedings against the person discharged and that the person was not over twenty years of age at the time of the offense, it shall enter such order.
(3) The effect of such order shall be to restore such person, in the contemplation of the law, to the status the person occupied before such arrest or indictment or information.
(4) No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of the person's failures to recite or acknowledge such arrest or indictment or information, or trial in response to any inquiry made of the person for any purpose.
[L 1972, c 9, pt of §1; gen ch 1993]
(1) It shall be unlawful to sell single cigarettes or packs of cigarettes containing less than twenty cigarettes. It further shall be unlawful to sell cigarettes other than in sealed packages originating with the manufacturer and bearing the health warning required by law.
(2) As used in this section, "to sell" includes: to solicit and receive an order for; to have, or keep, or offer, or expose for sale; to deliver for value or in any other way than purely gratuitously; to peddle; to keep with intent to sell; and to traffic in.
(3) "Sale" includes every act of selling as defined in [subsection (2)].
(4) Any person who violates subsection (1), shall be fined not more than $2,500 for the first offense. Any subsequent offense shall subject the person to a fine of not less than $100 and not more than $5,000. Any person who knowingly violates subsection (1) shall be guilty of a class C felony.
[L 1996, c 53, §1; am L 2000, c 201, §2]
(1) It shall be unlawful to sell or furnish a tobacco product in any shape or form or an electronic smoking device to a person under twenty-one years of age.
(2) All persons engaged in the retail sale of tobacco products or electronic smoking devices shall check the identification of tobacco product or electronic smoking device purchasers to establish the age of the purchaser if the purchaser reasonably appears to be under twenty-seven years of age.
(3) It shall be an affirmative defense that the seller of a tobacco product or an electronic smoking device to a person under twenty-one years of age in violation of this section had requested, examined, and reasonably relied upon a photographic identification from the person establishing that person's age as at least twenty-one years of age prior to selling the person a tobacco product or an electronic smoking device. The failure of a seller to request and examine photographic identification from a person under twenty-one years of age prior to the sale of a tobacco product or an electronic smoking device to the person shall be construed against the seller and form a conclusive basis for the seller's violation of this section.
(4) Signs using the statement, "The sale of tobacco products or electronic smoking devices to persons under twenty-one is prohibited", shall be posted on or near any vending machine in letters at least one-half inch high and at or near the point of sale of any other location where tobacco products or electronic smoking devices are sold in letters at least one-half inch high.
(5) It shall be unlawful for a person under twenty-one years of age to purchase or possess any tobacco product or electronic smoking device, as those terms are defined in subsection (7). This provision does not apply if a person under the age of twenty-one, with parental authorization, is participating in a controlled purchase as part of a law enforcement activity or a study authorized by the department of health under the supervision of law enforcement to determine the level of incidence of tobacco or electronic smoking devices sales to persons under twenty-one years of age.
(6) Any person who violates subsection (1) or (4), or both, shall be fined $500 for the first offense. Any subsequent offenses shall subject the person to a fine not less than $500 nor more than $2,000. Any person under twenty-one years of age who violates subsection (5) shall be fined $10 for the first offense. Any subsequent offense shall subject the violator to a fine of $50, no part of which shall be suspended, or the person shall be required to perform not less than forty-eight hours nor more than seventy-two hours of community service during hours when the person is not employed and is not attending school. Any tobacco product or electronic smoking device, as those terms are defined in subsection (7), in the person's possession at the time of violation of subsection (5) shall be seized, summarily forfeited to the State, and destroyed by law enforcement following the conclusion of an administrative or judicial proceeding finding that a violation of subsection (5) has been committed. The procedures set forth in chapter 712A shall not apply to this subsection.
(7) For the purposes of this section:
"Electronic smoking device" means any electronic product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product.
"Tobacco product" means any product made or derived from tobacco that contains nicotine or other substances and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by other means. "Tobacco product" includes but is not limited to a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. "Tobacco product" does not include drugs, devices, or combination products approved for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
[L 2016, c 231, §50; am L 2018, c 206, §8]
[Repealed]
[L 2020, c 14, §6]
Every building, premises, or place used for the purpose of violating:
(1) Those laws pertaining to offenses against public health and morals contained in this chapter, except offenses under part IV that do not involve the manufacture or distribution of drugs and activities under part III that involve only social gambling as defined in section 712-1231(a);
(2) Section 132D-14(a)(1);
(3) Any offense under part II of chapter 708 that involves a person unlawfully residing on or otherwise occupying real property to which the person has no title, lease, or other legal claim; or
(4) Section 328G-10,
and every building, premises, or place in or upon which violations of any of the laws set forth in paragraph (1), (2), (3), or (4) are held or occur, is a nuisance that shall be enjoined, abated, and prevented, regardless of whether it is a public or private nuisance.
[L 1979, c 181, pt of §2; am L 1990, c 158, §1; am L 1996, c 246, §1; am L 2010, c 136, §4; am L 2015, c 80, §2; am L 2016, c 154, §1; am L 2025, c 243, §32 and c 269, §6]
Any citizen who brings a nuisance abatement suit against a place used for the purpose of committing:
(1) Fireworks-related offenses contained in section 132D-14(a)(1); or
(2) Drug offenses under part IV of this chapter or who files a complaint with the local police or drug nuisance abatement unit of the department of the attorney general,
shall be entitled to the same rights and protections of victims and witnesses in criminal proceedings in accordance with chapter 801D.
[L 2004, c 44, §25; am L 2010, c 136, §5; am L 2025, c 243, §33]
Nothing in this part shall be construed to prohibit injunctions against persons causing, maintaining, aiding, abetting, or permitting a nuisance from entering or residing in any public or private building, premises, or place, in or upon which the nuisance exists.
[L 1998, c 286, §1; am L 2005, c 123, §2]
(1) Whenever there is reason to believe that a nuisance as defined in this chapter is in existence, kept, or maintained in any county, the attorney general of the State or the prosecutor or prosecuting attorney of the respective counties shall, or any citizen of the State residing within such county may in the citizen's own name, or any organization, including, but not limited to a tenant organization within such county may in the organization's own name, maintain a suit to abate and prevent the nuisance and to perpetually enjoin the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance, or the owner, lessee, or agent of the building, premises, or place in or upon which the nuisance exists from directly or indirectly causing, maintaining, aiding, abetting, or permitting the nuisance.
(2) No action authorized under this part which seeks to abate or prevent a nuisance shall be filed or maintained against the State or any political subdivision thereof.
[L 1979, c 181, pt of §2; gen ch 1993; am L 1996, c 246, §2; am L 1998, c 286, §2; am L 2005, c 123, §3]
Except as may be otherwise expressly provided, the civil causes of action in this part shall be proved by a preponderance of the evidence.
[L 2005, c 123, pt of §1]
If proof of the existence of the nuisance depends, in whole or in part, upon the affidavits or testimony of witnesses who are not law enforcement officers, the court, upon a showing of prior threats of violence or acts of violence by any defendant may issue orders to protect those witnesses including, but not limited to, the nondisclosure of the name, address, or any other information that may identify those witnesses.
[L 2005, c 123, pt of §1]
Whenever the existence of a nuisance is shown in a suit brought under this part to the satisfaction of the court or the judge thereof, either by verified petition or affidavit, or both, the court or judge thereof shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of such nuisance, which injunction may include a provision prohibiting the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance from residing in or entering into the building, premises, or place in or upon which the nuisance exists. The petition in such suit need not be verified, except in those suits brought by a citizen in the citizen's own name, or those suits brought by an organization in its own name, but shall be signed by the party bringing the same and shall include a certification that the complainant believes the allegations of the petition to be true.
[L 1979, c 181, pt of §2; gen ch 1993; am L 1996, c 246, §3; am L 2005, c 123, §4]
The suit when brought shall have precedence over all cases, excepting criminal proceedings, election contests, and hearings on injunctions, and in the suit evidence of the general reputation of the building, premises, place, or persons, and of the use or threat of violence shall be admissible for the purpose of proving the existence of the nuisance.
[L 1979, c 181, pt of §2; am L 1996, c 246, §4; am L 1998, c 286, §3; am L 2005, c 123, §5]
If the petition is filed by a citizen or by an organization, it shall not be dismissed by the complainant or for want of prosecution except upon a sworn statement by the complainant or the complainant's attorney, setting forth the reasons why the suit should be dismissed, and the dismissal ordered by the court. In case of failure to prosecute any such suit with reasonable diligence, or at the request of the complainant, the court, in its discretion, may substitute any other citizen or organization, including, but not limited to the attorney general or the prosecutor or prosecuting attorney of the county consenting thereto for the complainant. If a suit is brought by a citizen or by an organization and the court finds that there was no reasonable ground or cause therefor, the costs shall be taxed against such citizen or organization, except that no costs shall be taxed against state or county organizations.
[L 1979, c 181, pt of §2; am L 1996, c 246, §5]
If the existence of a nuisance is established in a suit as provided herein, an order of abatement shall be entered as a part of the judgment in the case, which order shall include a provision permanently prohibiting the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance, if said person or persons are a party to the proceeding, from residing in or entering into the building, premises, or place in or upon which the nuisance exists. The court, on the application of the person, may suspend the prohibition if the person is participating in a court-approved treatment and monitoring program which addresses the person's conduct which caused the nuisance. If the court determines that the person has successfully completed the program and that the person is not likely to again create a nuisance, the court may dissolve the injunction against the person. In the event that the court determines that an injunction against the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance will not completely abate the nuisance or that one or more of the persons causing, maintaining, aiding, abetting, or permitting the nuisance are not parties to the proceeding, the court shall also direct the effectual closing of the building, premises, or place, against its use for any purpose, and that it be kept closed for a period not exceeding one year, unless sooner released, as provided by section 712-1277. While the order remains in effect as to closing, the building, premises, or place shall remain in the custody of the court. The court's orders may also include, but are not limited to, an order suspending or revoking any business, professional, operational, or liquor license.
[L 1979, c 181, pt of §2; am L 1996, c 246, §6; am L 2005, c 123, §6]
For any attorneys' fees, costs, or expenses incurred in the closing of the building, premises, or place and keeping it closed, or incurred in enforcing the injunction prohibiting the person or persons causing, maintaining, aiding, abetting, or permitting the nuisance from residing or entering into the building, premises, or place in or upon which the nuisance exists, as well as the attorneys' fees, costs, and expenses incurred by the party bringing the action, a reasonable sum shall be allowed by the court.
[L 1979, c 181, pt of §2; am L 1996, c 246, §7; am L 2004, c 44, §27; am L 2005, c 123, §7]
If the owner of the building, premises, or place has not been guilty of any criminal contempt of court in the proceedings, and appears and pays all costs, fees, and allowances which are a lien on the building, premises, or place and files a bond in a reasonable amount to be fixed by the court, with sureties, to be approved by the court or judge, conditioned that the owner will immediately abate any such nuisance that may exist at such building, premises, or place and prevent the same from being established or kept thereat for a period of one year thereafter, the court or the judge thereof, may, if satisfied of the owner's good faith, order the building, premises, or place closed under the order of abatement canceled so far as the same may relate to the closing of said building, premises, or place. The release of the building, premises, or place under the provisions of this section does not release it from any judgment, lien, penalty, or liability to which it may be subject by law.
[L 1979, c 181, pt of §2; gen ch 1993; am L 1996, c 246, §8]
Any person who knowingly violates any order issued pursuant to this part shall be subject to civil contempt as well as punishment for criminal contempt of court under section 710-1077. Nothing in this section shall be construed in any way to preclude or preempt a criminal prosecution for violation of a controlled substance offense or any other criminal offense.
[L 2005, c 123, pt of §1]
Any attorneys' fees, costs, expenses, and fines imposed against any owner of a business, premises or place in any proceedings under this part shall be a lien upon such business, premises, or place, to the extent of the interest of such person therein, enforceable and collectible by execution issued by the order of the court.
[L 1979, c 181, pt of §2; am L 1996, c 246, §9; am L 2004, c 44, §28]
The notice by the owner of any business, premises, or place to the lessee that the lease will be revoked if the lessee continues the maintenance of the nuisance, and other action taken to revoke the lease or to obtain the termination of the nuisance shall be given appropriate consideration by the court in the determination of a criminal contempt action brought against the owner in connection with abatement procedures of this part.
[L 1979, c 181, pt of §2; gen ch 1993; am L 1996, c 246, §10]
"Place" as used in this part means any building, structure, or place, or any separate part or portion thereof, whether permanent or not, or the ground itself.
[L 1979, c 181, pt of §2; am L 1996, c 246, §11]
In addition to any other penalty that may be imposed for violation of section 132D-14(a)(1), any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit an offense under section 132D-14(a)(1), or that facilitated or assisted such activity, and any proceeds or other property acquired or maintained with the proceeds from violation of section 132D-14(a)(1) may be subject to forfeiture pursuant to chapter 712A.
[L 2010, c 136, §1; am L 2025, c 243, §34]
Connect Omnilex to search the legal corpus from your AI assistant.