Hawaii Prostitution and Solicitation Laws

By Susan Buckner, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed December 20, 2024

Hawaii’s prostitution and solicitation laws resemble those of other states. Prostitution means engaging in or offering to engage in any sexual conduct with another individual for anything of value. Solicitation (sexual exploitation) makes it a crime to provide or agree to provide anything of value in exchange for sexual conduct.

Prostitution law goes beyond the act of prostitution and includes advancing prostitution (pimping) and profiting from prostitution (pandering). Human trafficking and child pornography are part of the same code section.

Prostitution and Solicitation Definitions (Hawaii Revised Statutes § 707-700)

Sexual conduct means:

Sexual penetration: vaginal, anal, or oral intercourse, including cunnilingus or fellatio
Deviate sexual intercourse: any act of sexual gratification between a person and an animal or a person and a corpse, involving the sex organs of one and the mouth, anus, or sex organs of the other
Sexual contact: Any contact besides sexual intercourse of the offender’s sexual or intimate parts and the victim’s sexual or intimate parts
Sadomasochistic abuse: Any flagellation or torture by or on a person as a means of sexual gratification

Hawaii Prostitution Offenses

Prostitution in Hawaii is a petty misdemeanor punishable by a fine of $500 to $1000 and up to 30 days in jail. Commercial sexual exploitation (solicitation) is also a petty misdemeanor. It becomes a Class B felony if the offender was aware the other person was a victim of sex trafficking.

An exemption exists for law enforcement or police officers engaged in undercover operations in the course of their duties. Officers may not initiate sexual contact, proceed to sexual penetration, or involve sadomasochistic abuse.

Promoting Prostitution

Advancing or promoting prostitution means:

Causing or aiding another person to engage in prostitution
Procuring or soliciting patrons for prostitution (pimping and pandering)
Operating or owning a house of prostitution
Profiting or receiving anything of value from the activity of prostitution
Profiting from prostitution does not include the individual engaging in sex work. Promoting or advancing prostitution is a Class B felony, punishable by a term of imprisonment of up to 10 years.

Commercial Sexual Exploitation

Hawaii law contains an unusual umbrella category known as commercial sexual exploitation. This law enhances the crime of prostitution and solicitation if it occurs within 750 feet of a school or public park.

Commercial sexual exploitation of a minor occurs when anyone over the age of 18 offers to provide, agrees to provide, or provides anything of value:

To a minor in exchange for sexual conduct
To a law enforcement officer posing as a minor
To any third person to facilitate sexual conduct with a minor

Commercial sexual exploitation of a minor is a Class B felony. It is not a defense to this crime that the offender did not intend to have sexual activity with a minor.

Habitual commercial sexual exploitation results when an offender has two or more offenses for any combination of commercial sexual exploitation or street prostitution as listed in the statute within the past ten years.

This offense is a Class C felony. It's punishable by one to five years in prison.

Street Solicitation and Street Prostitution

Any county can designate a three-square-mile area as a zone of significant prostitution-related activity. The county may public property ordinances to restrict such activity. County ordinances supersede the state statute.

Currently, Waikiki on the island of Oahu has such an ordinance. Street solicitation of prostitution in Waikiki is a petty misdemeanor. It is punishable by a mandatory 30 days in jail, or six months’ probation.