Bill Text: HI SB2251 | 2024 | Regular Session | Amended
Bill Title: Relating To Indecent Exposure.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-03-07 - Referred to JHA, referral sheet 16 [SB2251 Detail]
Download: Hawaii-2024-SB2251-Amended.html
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THE SENATE |
S.B. NO. |
2251 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO INDECENT EXPOSURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that indecent exposure, which is the intentional exposure of a person's genitals to another under circumstances in which the person's conduct is likely to cause affront, is a form of sexual violence. Sexual violence, when perpetrated upon minors, has been correlated with higher levels of depression, guilt, shame, self-blame, eating disorders, somatic concerns, anxiety, dissociative patterns, repression, denial, sexual problems, and relationship problems.
The legislature further finds that the existing criminal statute penalizing indecent exposure fails to account for the additional harm and trauma that occurs when a person intentionally exposes the person's genitals to a minor.
Accordingly, the purpose of this Act is to increase the criminal penalty for the offense of indecent exposure from a petty misdemeanor to a misdemeanor if the victim is less than sixteen years of age.
SECTION 2. Section 707-734, Hawaii Revised Statutes, is amended to read as follows:
"§707-734
Indecent exposure. (1) A person commits the offense of indecent
exposure if[,] the person intentionally exposes the person's genitals to
a person to whom the person is not married under circumstances in which the
actor's conduct is likely to cause affront.
(2) [Indecent] Except as provided in
subsection (3), indecent exposure is a petty misdemeanor.
(3) Indecent exposure is a misdemeanor if the person
to whom the genitals were exposed was less than sixteen years of age. The state of mind requirement for the offense
is not applicable to the fact that the person exposed was less than sixteen
years of age. A person is strictly
liable with respect to the attendant circumstance that the person exposed was
less than sixteen years of age."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Kauai Prosecuting Attorney Package; Hawaii Penal Code; Criminal Offense; Indecent Exposure; Less Than Sixteen Years of Age; Strict Liability
Description:
Increases the criminal penalty for the offense of indecent exposure from a petty misdemeanor to a misdemeanor if the person to whom the genitals were exposed is less than 16 years of age. Provides that the state of mind requirement is not applicable to the fact that the person to whom the genitals were exposed is less than 16 years of age and that the actor is strictly liable with respect to the attendant circumstance that the person to whom the genitals were exposed was less than 16 years of age. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
