{"id":372902,"date":"2016-03-31T21:35:06","date_gmt":"2016-04-01T02:35:06","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/hawaii-law\/hawaii-prohibited-consensual-sexual-activity-laws.html"},"modified":"2024-12-05T11:25:36","modified_gmt":"2024-12-05T16:25:36","slug":"hawaii-prohibited-consensual-sexual-activity-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/hawaii-law\/hawaii-prohibited-consensual-sexual-activity-laws.html","title":{"rendered":"Hawaii Prohibited Consensual Sexual Activity Laws"},"content":{"rendered":"\n
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Hawaii Prohibited Consensual Sexual Activity Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Most sex crimes involve nonconsensual sexual contact. But most states also have laws banning certain types of consensual sexual activity<\/a>. For example, if an adult is in a sexual relationship with someone underage, the state can charge them with statutory rape. The police can also arrest you for having sex in a public place.<\/p>\r\n

Although these laws may involve consenting partners, many focus on whether one of the parties is below the age of consent, which in the State of Hawaii is 16 years old<\/a>.<\/p>\r\n

Here, we’ll discuss Hawaii’s consensual sex laws<\/a>, as well as the penalties and possible defenses for these offenses.<\/p>\r\n

History of Prohibiting Consensual Sexual Activity<\/b><\/h2>\r\n

Although people today may think consensual sexual activity laws are antiquated, American lawmakers have a long history of prohibiting various forms of consensual sexual activity<\/a>. Many of these laws targeted homosexuals. For example, most states passed sodomy laws to punish homosexual sex between males.<\/p>\r\n

Most states have repealed or struck down anti-homosexuality and anti-sodomy laws voluntarily. But in 2003, the U.S. Supreme Court heard a case titled Lawrence v. Texas<\/i><\/a>, <\/i>in which it struck down a Texas law that banned homosexual acts as unconstitutional.<\/p>\r\n

As a result of the decision in that case, 13 states repealed their anti-sodomy laws. But this decision did not put an end to all laws banning consensual sexual activity.<\/p>\r\n

What Sexual Acts Do These Laws Apply To?<\/b><\/h2>\r\n

Every state has laws prohibiting specific consensual sexual conduct. For example, every state (including Nevada) has laws prohibiting prostitution<\/a> and solicitation for prostitution. The same is true for public indecency.<\/p>\r\n

Some of the sexual acts these laws target include:<\/p>\r\n