Bill Text: HI SB2971 | 2024 | Regular Session | Introduced
Bill Title: Relating To Indecent Exposure.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-01-26 - Referred to JDC. [SB2971 Detail]
Download: Hawaii-2024-SB2971-Introduced.html
|
THE SENATE |
S.B. NO. |
2971 |
|
THIRTY-SECOND LEGISLATURE, 2024 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
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.
The purpose of this Act is to raise 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 victim is less than sixteen years of age. The state of mind requirement for the offense is not applicable to the fact that the victim was less than sixteen years of age. A person is strictly liable with respect to the attendant circumstance that the victim 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 Statutory material to be repealed is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.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Hawaii Penal Code; Criminal Offense; Indecent Exposure; Less Than Sixteen Years of Age; Strict Liability
Description:
Raises 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. Provides that the state of mind requirement is not applicable to the fact that the victim is less than sixteen years of age and that the actor is strictly liable with respect to the attendant circumstance that the victim was less than sixteen years of age.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
