Hawaii Child Pornography Laws

Child pornography — Child Sexual Abuse Material (CSAM) — is one of the most heinous crimes in the United States today. All states have harsh laws against the production, distribution, and possession of any pornographic visual representation of a minor child engaged in sexual conduct.

Hawaii classifies child pornography as a type of child abuse. The statutes define “child pornography” and then list increasing degrees of severity for ownership and distribution of the product.

Hawaii Child Pornography Laws

For purposes of Hawaii’s laws, any use of a minor (anyone under 18) or any visual representation of a minor engaging in sexual conduct is illegal (Hawaii Revised Statutes § 707-750).

Sexual conduct means:

• Actual or simulated sexual intercourse (does not require penetration)
• Genital contact with the genitals, mouth, or anus of the other person
• Masturbation or mutual masturbation
• Bestiality, sadomasochistic abuse, or deviate sexual intercourse

Sexual conduct can be between people of the same or opposite gender.

All crimes of promoting child abuse require the offender to know or have reason to know the nature and content of the offensive material.

Promoting Child Abuse in the First Degree — Producing Child Pornography

All forms of CSAM involve the sexual exploitation of children. Hawaii’s law includes digital manipulation of an image created to appear like an identifiable minor. Promoting child abuse in the first degree (§ 707-750) means the offender knowingly:

• Produces or participates in the preparation of child pornography
• Produces or participates in the preparation of any other pornographic material that contains a minor engaging in sexual conduct
• Engages in a pornographic production or performance that contains a minor engaging in sexual conduct

Engaging in producing such material is prima facie evidence that the offender knew the material was CSAM. The fact that the victim was part of the production of such material is prima facie evidence the offender knew the victim was a minor.

Penalties: Promoting child abuse in the first degree is a Class A felony. Class A felonies are punishable by a maximum sentence of 20 years in prison unless there are other circumstances.

Promoting Child Abuse in the Second Degree — Distributing Child Pornography

Distribution includes selling, transmitting, mailing, or agreeing to do any of these things. The law includes electronic transmission and digital storage (§ 707-751). Promoting child abuse in the second degree means the offender knowingly:

• Disseminates, publishes, sells, transmits, mails, ships, or agrees to do these acts with any form of child pornography
• Reproduces child pornography
• Disseminates any material containing an image of child pornography
• Disseminates any other pornographic material that contains an image of child pornography
• Possesses without disseminating 30 or more images of child pornography and
• The content of at least one image is of a minor under 12, sadomasochistic abuse of a minor, or bestiality involving a minor

Material includes printed images, sound recordings, videotape recordings, and electronic matter and computer disks.

Penalties: Promoting Child Abuse in the Second Degree is a Class B felony with a maximum sentence of 10 years in prison unless there are other aggravating factors.

Promoting Child Abuse in the Third Degree — Possessing Child Pornography

Possession of CSAM requires actual knowledge of and intent to possess such images. Promoting child abuse in the third degree (§ 707-752) means the offender:

• Possesses child pornography
• Any printed, electronic, or other material containing child pornography or an image of child pornography
• Any other pornographic material that contains a minor engaged in sexual conduct

Penalties: Promoting child abuse in the third degree is a Class C felony with a maximum sentence of five years in prison unless there are other aggravating factors.

It is an affirmative defense to this charge that the defendant:

• Possessed fewer than three images of child pornography and
• Promptly and in good faith, without retaining or allowing any person access to the images, either
• Took reasonable steps to destroy the images, or
• Reported the matter to law enforcement

Sexting

The state of Hawaii recently added the offense of “Promoting Minor Produced Sexual Images,” colloquially known as “sexting,” to the roster of sexual offenses (Hawaii Revised Statutes § 712-1215.5). Sexting involves using an electronic device to transmit nude photos or videos of minors.

Sexting in the first degree (§ 712-1215.5) happens when a person over 18 intentionally and knowingly:

• Instructs or encourages a minor
• To use a cell phone, computer, or other electronic device
• To transmit to any person a nude photo or video of a minor

Sexting in the first degree is a misdemeanor with a penalty of up to one year in jail.

Sexting in the second degree (§ 712-1215.6) is the same crime committed by a minor. If committed by a minor, it is a crime for the offender to transmit an image of themself.

This offense also includes possession of any photograph or image transmitted in violation of the statute.

Sexting in the second degree is a petty misdemeanor. It is an affirmative defense to this statute that the offender took reasonable steps to remove or destroy the image or photograph of the minor.

More Resources

• Child Pornography and Selfies: What You Need to Know
• Sex Offenders and Sex Offenses
• Crimes Against Children

Get Legal Advice from a Hawaii Criminal Defense Attorney

Child pornography (CSAM) is a serious offense. Anyone facing child pornography charges needs immediate legal representation from an experienced Hawaii criminal defense lawyer. Victims of child trafficking should consult a Hawaii sex crime lawyer for help protecting their rights.