In Hawaii, prostitution laws make it a crime to engage in, or offer to engage in, sexual acts for compensation. Additionally, solicitation laws make it a crime not only to sell sexual acts, but also to buy (or offer to buy) sexual acts. This article provides a brief overview of Hawaii's prostitution and solicitation laws.
Code Section
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Hawaii Revised Statutes section 712-1200: Prostitution |
What's Prohibited?
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Engaging in, agreeing to engage in, or offering to engage in sexual conduct with another person for a fee. |
Definition of "Sexual Conduct"
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"Sexual conduct" means sexual penetration, deviate sexual intercourse, or sexual contact.
- Sexual penetration: Vaginal intercourse, anal intercourse, fellatio, deviate sexual intercourse, or any intrusion by a person's body, or any object, into the genital or anal opening of another person's body.
- Deviate sexual intercourse: Any act of sexual gratification between a person and an animal or a corpse, involving the sex organs of one and the mouth, anus, or sex organ of the other.
- Sexual contact: Any touching (other than acts of sexual penetration) of a person's intimate parts, or the intimate parts of the actor by the person, whether directly or through the clothing.
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Exception
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This statute doesn't apply to any member of a police department, a sheriff, or a law enforcement officer acting in the course and scope of their duties. |
Penalties
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Prostitution is a petty misdemeanor that is generally punished by a fine of $500, and may be sentenced to imprisonment for up to 30 days. |
Promoting Prostitution
In Hawaii, it is also a crime to promote prostitution. A person commits the crime of promoting prostitution by knowingly:
- Advancing prostitution by compelling or inducing a person by force, threat, fraud, or intimidation to engage in prostitution, or profits from such conduct by another, or
- Advances or profits from then prostitution of a person less than 18 years old
Solicitation of Prostitution
Code Section
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Hawaii Revised Statutes section 712-1207: Street Solicitation of Prostitution |
Street Solicitation of Prostitution
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It is illegal for any person while on any public property to:
- Offer or agree to engage in prostitution, or
- Pay, agree to pay, or offer to pay a fee to another in exchange for an act of prostitution
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Penalties
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Engaging in solicitation is a petty misdemeanor and is punishable by at least 30 days on jail. |
Additional Resources
State laws change frequently. For case specific information regarding Hawaii's prostitution and solicitation laws contact a local criminal defense lawyer.