Leyes sobre la edad de consentimiento en Hawái: estatutos, penas y cómo denunciar

(1) A person commits the offense of sexual assault in the first degree if the person: (a) Knowingly subjects another person to an act of sexual penetration by strong compulsion; (b) Knowingly engages in sexual penetration with a person who is less than fourteen years old; (c) Knowingly engages in sexual penetration with a person who is at least fourteen years old but less than sixteen years old; provided that the actor is: (i) No less than five years older than the minor; and (ii) Not legally married to the minor; (d) Knowingly subjects to sexual penetration a person who is mentally defective; provided that the actor is negligent in not knowing of the mental defect of the victim; or (e) Knowingly subjects to sexual penetration a person who is mentally incapacitated or physically helpless as a result of the influence of a substance that the actor knowingly caused to be administered to the other person without the other person's consent. Paragraphs (b) and (c) shall not be construed to prohibit practitioners licensed under chapter 453 or 455 from performing any act within their respective practices. (2) Sexual assault in the first degree is a class A felony.

Texto oficial (extracto) · verificado el 2026-07-30 · Lea el texto completo en nuestra biblioteca legal · Verifique en capitol.hawaii.gov

(1) A person commits the offense of sexual assault in the second degree if the person: (a) Knowingly subjects another person to an act of sexual penetration by compulsion; (b) Knowingly subjects to sexual penetration a person who is mentally incapacitated or physically helpless; (c) While employed: (i) In a state correctional facility; (ii) By a private company providing services at a correctional facility; (iii) By a private company providing community-based residential services to persons committed to the director of corrections and rehabilitation and having received notice of this statute; (iv) By a private correctional facility operating in the State; or (v) As a law enforcement officer as defined in section 710-1000, knowingly subjects to sexual penetration: an imprisoned person; a person confined to a detention facility; a person committed to the director of corrections and rehabilitation; a person residing in a private correctional facility operating in the State; a person in custody; a person who is stopped by a law enforcement officer; or a person who is being accompanied by a law enforcement officer for official purposes; provided that this paragraph shall not…

Texto oficial (extracto) · verificado el 2026-07-30 · Lea el texto completo en nuestra biblioteca legal · Verifique en capitol.hawaii.gov

(1) A person commits the offense of sexual assault in the third degree if the person: (a) Recklessly subjects another person to an act of sexual penetration by compulsion; (b) Knowingly subjects to sexual contact a person who is less than fourteen years old or causes such a person to have sexual contact with the actor; (c) Knowingly engages in sexual contact with a person who is at least fourteen years old but less than sixteen years old or causes such a person to have sexual contact with the actor; provided that the actor is: (i) No less than five years older than the minor; and (ii) Not legally married to the minor; (d) Knowingly subjects to sexual contact a person who is mentally incapacitated or physically helpless, or causes such a person to have sexual contact with the actor; (e) Knowingly subjects to sexual contact a person who is mentally defective, or causes such a person to have sexual contact with the actor; provided that the actor is negligent in not knowing of the mental defect of the victim; (f) While employed: (i) In a state correctional facility; (ii) By a private company providing services at a correctional facility; (iii) By a private company providing…

Texto oficial (extracto) · verificado el 2026-07-30 · Lea el texto completo en nuestra biblioteca legal · Verifique en capitol.hawaii.gov

(1) A person commits the offense of sexual assault in the fourth degree if: (a) The person knowingly subjects another person, not married to the actor, to sexual contact by compulsion or causes another person, not married to the actor, to have sexual contact with the actor by compulsion; (b) The person knowingly exposes the person's genitals to another person under circumstances in which the actor's conduct is likely to alarm the other person or put the other person in fear of bodily injury; (c) The person knowingly trespasses on property for the purpose of subjecting another person to surreptitious surveillance for the sexual gratification of the actor; or (d) The person knowingly engages in or causes sexual contact with a minor who is at least sixteen years old and the person is contemporaneously acting in a professional capacity to instruct, advise, or supervise the minor; provided that: (i) The person is not less than five years older than the minor; and (ii) The person is not legally married to the minor. (2) Sexual assault in the fourth degree is a misdemeanor.

Texto oficial (extracto) · verificado el 2026-07-30 · Lea el texto completo en nuestra biblioteca legal · Verifique en capitol.hawaii.gov

(1) A person commits the offense of continuous sexual assault of a minor under the age of fourteen years if the person: (a) Either resides in the same home with a minor under the age of fourteen years or has recurring access to the minor; and (b) Engages in three or more acts of sexual penetration or sexual contact with the minor over a period of time, while the minor is under the age of fourteen years. (2) To convict under this section, the trier of fact, if a jury, need unanimously agree only that the requisite number of acts have occurred; the jury need not agree on which acts constitute the requisite number. (3) No other felony sex offense involving the same victim may be charged in the same proceeding with a charge under this section, unless the other charged offense occurred outside the period of the offense charged under this section, or the other offense is charged in the alternative. A defendant may be charged with only one count under this section, unless more than one victim is involved, in which case a separate count may be charged for each victim. (4) Continuous sexual assault of a minor under the age of fourteen years is a class A felony. [L 2006, c 60, §1]

Texto oficial (extracto) · verificado el 2026-07-30 · Lea el texto completo en nuestra biblioteca legal · Verifique en capitol.hawaii.gov

(1) A person eighteen years of age or older commits the offense of commercial sexual exploitation of a minor if the person intentionally, knowingly, or recklessly: (a) Offers or agrees to provide anything of value to a member of a police department, a sheriff, or a law enforcement officer who represents that person's self as a minor to engage in sexual conduct; (b) Provides anything of value to a minor or third person as compensation for having engaged in sexual conduct with a minor; (c) Agrees to provide or offers to provide anything of value to a minor or third person for the purpose of engaging in sexual conduct with a minor; or (d) Solicits, offers to engage in, or requests to engage in sexual conduct with a minor in return for anything of value. (2) Commercial sexual exploitation of a minor is a class B felony. (3) In addition to any other authorized disposition, a person convicted of committing the offense of commercial sexual exploitation of a minor shall be sentenced to pay a fine of no less than $5,000.

Texto oficial (extracto) · verificado el 2026-07-30 · Lea el texto completo en nuestra biblioteca legal · Verifique en capitol.hawaii.gov

(1) Notwithstanding section 706-669 and any other law to the contrary, any person convicted of murder in the second degree, any class A felony, any class B felony, or any of the following class C felonies: (a) Section 134-7 relating to persons prohibited from owning, possessing, or controlling firearms or ammunition; (b) Section 134-8 relating to ownership, etc., of certain prohibited weapons; (c) Section 134-17 only as it relates to providing false information or evidence to obtain a permit under section 134-9; (d) Section 188-23 relating to possession or use of explosives, electrofishing devices, and poisonous substances in state waters; (e) Section 386-98(d)(1) relating to fraud violations and penalties; (f) Section 431:2-403(b)(2) relating to insurance fraud; (g) Section 707-703 relating to negligent homicide in the second degree; (h) Section 707-711 relating to assault in the second degree; (i) Section 707-713 relating to reckless endangering in the first degree; (j) Section 707-716 relating to terroristic threatening in the first degree; (k) Section 707-721 relating to unlawful imprisonment in the first degree; (l) Section 707-732 relating to sexual assault in…

Texto oficial (extracto) · verificado el 2026-07-30 · Lea el texto completo en nuestra biblioteca legal · Verifique en capitol.hawaii.gov

(1) A person who has been convicted of an offense may be sentenced to pay a fine not exceeding: (a) $50,000, when the conviction is of a class A felony, murder in the first or second degree, or attempted murder in the first or second degree; (b) $25,000, when the conviction is of a class B felony; (c) $10,000, when the conviction is of a class C felony; (d) $2,000, when the conviction is of a misdemeanor; (e) $1,000, when the conviction is of a petty misdemeanor or a violation; (f) Any higher amount equal to double the pecuniary gain derived from the offense by the defendant; (g) Any higher or lower amount specifically authorized by statute. (2) Notwithstanding section 706-641, the court shall impose a mandatory fine upon any defendant convicted of theft in the first or second degree committed by receiving stolen property as set forth in section 708-830(7). The fine imposed shall be the greater of double the value of the stolen property received or $25,000 in the case of a conviction for theft in the first degree; or the greater of double the value of the stolen property received or $10,000 in the case of a conviction for theft in the second degree.

Texto oficial (extracto) · verificado el 2026-07-30 · Lea el texto completo en nuestra biblioteca legal · Verifique en capitol.hawaii.gov

Notwithstanding part II; sections 706-605, 706-606, 706-606.5, 706-660.1, 706-661, and 706-662; and any other law to the contrary, a person who has been convicted of a class A felony, except class A felonies defined in chapter 712, part IV, or section 707-702, shall be sentenced to an indeterminate term of imprisonment of twenty years without the possibility of suspension of sentence or probation. The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669. A person who has been convicted of a class A felony defined in chapter 712, part IV, or section 707-702, may be sentenced to an indeterminate term of imprisonment, except as provided for in section 706-660.1 relating to the use of firearms in certain felony offenses and section 706-606.5 relating to repeat offenders. When ordering such a sentence, the court shall impose the maximum length of imprisonment which shall be twenty years. The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669. [L 1980, c 294, §1; am L 1994, c 229, §3; am L 2012, c 292, §4]

Texto oficial (extracto) · verificado el 2026-07-30 · Lea el texto completo en nuestra biblioteca legal · Verifique en capitol.hawaii.gov

(1) Except as provided in subsection (2), a person who has been convicted of a class B or class C felony may be sentenced to an indeterminate term of imprisonment except as provided for in section 706-660.1 relating to the use of firearms in certain felony offenses and section 706-606.5 relating to repeat offenders. When ordering such a sentence, the court shall impose the maximum length of imprisonment which shall be as follows: (a) For a class B felony--ten years; and (b) For a class C felony--five years. The minimum length of imprisonment shall be determined by the Hawaii paroling authority in accordance with section 706-669. (2) A person who has been convicted of a class B or class C felony for any offense under part IV of chapter 712 may be sentenced to an indeterminate term of imprisonment; provided that this subsection shall not apply to sentences imposed under sections 706-606.5, 706-660.1, 712-1240.5, 712-1240.8 as that section was in effect prior to July 1, 2016, 712-1242, 712-1245, 712-1249.5, 712‑1249.6, 712-1249.7, and 712-1257.

Texto oficial (extracto) · verificado el 2026-07-30 · Lea el texto completo en nuestra biblioteca legal · Verifique en capitol.hawaii.gov

After consideration of the factors set forth in sections 706-606 and 706-621, the court may sentence a person who has been convicted of a misdemeanor or a petty misdemeanor to imprisonment for a definite term to be fixed by the court and not to exceed one year in the case of a misdemeanor or thirty days in the case of a petty misdemeanor. [L 1972, c 9, pt of §1; am L 1986, c 314, §41; am L 2016, c 217, §§2, 8]

Texto oficial (extracto) · verificado el 2026-07-30 · Lea el texto completo en nuestra biblioteca legal · Verifique en capitol.hawaii.gov

As used in this chapter, unless the context clearly requires otherwise: "Agency having jurisdiction" means that agency with the authority to direct the release of a person serving a sentence or term of confinement or place a person on probation, supervised release, or parole and includes the department of corrections and rehabilitation, the Hawaii paroling authority, the courts, and the department of health. "Attorney general" means the attorney general of the State of Hawaii, the department of the attorney general, or an authorized representative of the attorney general. "Chief of police" means the county chief of police, the county police department, or an authorized representative of the chief of police. "Clean record" means no conviction for a felony or covered offense, if placed on probation or parole, completion of probation or parole without more than one revocation, and, for sex offenders, successful completion of an appropriate sex offender treatment program, if such program was ordered.

Texto oficial (extracto) · verificado el 2026-07-30 · Lea el texto completo en nuestra biblioteca legal · Verifique en capitol.hawaii.gov

(a) Tier 3 offenses. A covered offender whose covered offense is any of the following offenses shall register for life and, except as provided in subsection (f), shall not petition the court, in a civil proceeding, for termination of registration requirements: (1) Any offense set forth in section 707-730(1)(a), (b), (d), or (e); 707-731(1)(a) or (b); 707-732(1)(a), (b), or (g); or 707-733.6; (2) An offense set forth in section 707-720; provided that the offense involves kidnapping of a minor by someone other than a parent; (3) An offense that is an attempt, criminal solicitation, or criminal conspiracy to commit any of the offenses in paragraph (1) or (2); (4) Any criminal offense that is comparable to one of the offenses in paragraph (1), (2), or (3); or (5) Any federal, military, out-of-state, tribal, or foreign offense that is comparable to one of the offenses in paragraph (1), (2), or (3). (b) A repeat covered offender shall register for life and, except as provided in subsection (f), shall not petition the court, in a civil proceeding, for termination of registration requirements. (c) Tier 2 offenses.

Texto oficial (extracto) · verificado el 2026-07-30 · Lea el texto completo en nuestra biblioteca legal · Verifique en capitol.hawaii.gov