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Hawaii Prohibited Consensual Sexual Activity Laws

States routinely prohibit certain types of consensual sexual activity. While statutory rape may appear to involve consenting partners, each state sets its own age of consent. In any given state, this age may be less than 18.

In Hawaii, prohibited consensual activity laws are mostly limited to public lewdness and obscenity. Victims of sexual assault may also request that their convicted attacker be tested for HIV.

Laws Related to Sexuality in Hawaii

Details about Hawaii's prohibited consensual sexual activity laws are listed below. See FindLaw's Sex Crimes section for related information.

Sodomy Laws Applicable to -
Penalty for Sodomy -
HIV Exposure and Compelled Testing for Offenders Under §325-16.5, a person convicted of a sexual offense must submit to HIV testing upon the victim's request and the order of a court.
Indecent Exposure & Other Related Crimes
  • Under §707-734, indecent exposure is a crime. It is treated as a petty misdemeanor.
  • Under §712-1217, open lewdness is a crime. It is treated as a petty misdemeanor. Under this statute, any conduct that amounts to gross flouting of community standards, in respect to sexuality or nudity in public, qualifies as open lewdness. An example of this could be exposing one's genitals to a non-consenting person. Penalties increase when the victim is a child.
Age of Consent
  • Many states have different ages for the age of consent to sexual activity. In Hawaii, the age of consent is 16. Thus, it's a crime to knowingly engage in sexual penetration with someone under age 14 or with someone between age 14 and 16 when the offender is more than five years older.
  • The offense of engaging in sexual activity with someone under the age of consent is referred to as statutory rape in most states. For more information about statutory rape, consider reviewing FindLaw's page on the subject.
Prostitution Under §712-1200, it is a crime to engage in an act of prostitution. Depending on the specifics of the offense, acts of prostitution are treated as a petty misdemeanor. For more information about prostitution, consider reviewing FindLaw's page on the subject.
Solicitation of Prostitutes
  • Under §712-1209.1, it is a crime to solicit minors for purposes of prostitution. Class C felony fine of up to $2,000
  • Under §712-1209.5, it is a crime to habitually engage in solicitation of prostitutes. Class C felony

Note: State laws are constantly changing -- contact a Hawaii criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.

History of Prohibiting Consensual Sexual Activity

Although these statutes may seem antiquated today, there is a long history of prohibiting many forms of consensual sexual activity. Some of the most well-known laws include those prohibiting homosexuality. Many states had already repealed or struck down anti-homosexuality and anti-sodomy laws on their own.

However, in the landmark case Lawrence v. Texas the Supreme Court of the United States struck down a Texas law that prohibited homosexual acts. As a result of the decision in that case sodomy laws were struck down in thirteen other states as well. However, this Supreme Court decision did not strike down all laws that prohibit consensual sexual activity.

Hawaii Prohibitions of Consensual Sexual Activity

Even after the Lawrence v. Texas case, some states still have not repealed their bans on sodomy. Hawaii does not have any sodomy laws on the books. Hawaii's current prohibitions on consensual sexual activity fall under sex crimes.

If you would like to know more about laws prohibiting consensual sexual activity, you may want to speak with a Hawaii attorney with criminal law experience in your area.

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