Hawaii
Hawaii Age of Consent Laws: Statutes, Penalties and Reporting
Independently fact-checked against primary sources (last audited September 30, 2026). · 15 primary sources cited on this page. How we verify our legal content
Hawaii's general age-based criminal protections run to age 16 under HRS § 707-730(1) and § 707-732(1) (sexual assault in the first and third degrees), with a five-year age-difference element for victims 14 and 15. Further offenses cover minors at least 16 where the person is acting in a professional capacity to instruct, advise or supervise the minor.
To report a concern: if a child is in immediate danger, call 911. For Hawaii, the Department of Human Services phone-number page lists: "Child Abuse Reporting 808-832-5300" and, from neighbor islands, toll free 1-888-380-3088. The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.
Information last verified on 2026-09-29. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.
This page covers Hawaii's criminal statutes on sexual offenses involving minors. Federal law is summarized on the age of consent laws by state hub. The text below was read from the official Hawaii Revised Statutes pages on capitol.hawaii.gov through a text renderer on 2026-09-28, because the site returned a block to direct requests during this check.
This page describes the main age-based sexual offense statutes. Other Hawaii statutes also protect minors, and one of them can apply even where none of the offenses described here does. In particular, commercial sexual exploitation of a minor under HRS § 712-1209.1 is a class B felony for a person 18 or older who pays, offers or agrees to pay anything of value for sexual conduct with a person under 18, and the section states that the minor's consent is not a defense.
How Hawaii law protects minors by age
Hawaii's main age-based offenses are continuous sexual assault of a minor under the age of fourteen years (§ 707-733.6, a class A felony covering a person who lives with or has recurring access to a child under 14 and engages in three or more acts of penetration or contact) and the four degrees of sexual assault in HRS chapter 707: penetration offenses in the first and second degrees and contact offenses in the third and fourth degrees. The table shows the main age lines.
| Person protected | Condition on the other person | Offense | Cite |
|---|---|---|---|
| Under 14 | None stated | Sexual assault in the first degree (penetration) | § 707-730(1)(b) |
| Under 14 | None stated | Sexual assault in the third degree (contact) | § 707-732(1)(b) |
| 14 or 15 | No less than five years older, and the further condition stated in the section | Sexual assault in the first degree (penetration) | § 707-730(1)(c) |
| 14 or 15 | No less than five years older, and the further condition stated in the section | Sexual assault in the third degree (contact) | § 707-732(1)(c) |
| Minor at least 16 | Acting in a professional capacity to instruct, advise or supervise; not less than five years older | Sexual assault in the second degree (penetration) | § 707-731(1)(d) |
| Minor at least 16 | Same | Sexual assault in the fourth degree (contact) | § 707-733(1)(d) |
Under 14
Sexual assault in the first degree includes knowingly engaging in sexual penetration "with a person who is less than fourteen years old" (§ 707-730(1)(b)). Sexual assault in the third degree includes knowingly subjecting a person under 14 to sexual contact, or causing that person to have sexual contact with the actor (§ 707-732(1)(b)). Neither provision states an age or age-difference condition for the other person.
Ages 14 and 15
For a person who is "at least fourteen years old but less than sixteen years old," the penetration offense (§ 707-730(1)(c)) and the contact offense (§ 707-732(1)(c)) apply where the actor is "no less than five years older than the minor" and meets the further condition stated in the section.
Five-year age difference
The five-year age difference is an element of the offenses for victims 14 and 15. It is written into the definition of the offense rather than set out as a defense, and it is not a provision that only changes the penalty grade. For minors 16 and older, the same five-year difference appears in the professional-capacity offenses described next.
Professional-capacity offenses
Section 707-731(1)(d) (second degree, penetration) and § 707-733(1)(d) (fourth degree, contact) apply where the person "is contemporaneously acting in a professional capacity to instruct, advise, or supervise" the minor, who is at least 16, and is not less than five years older than the minor (and meets the further condition stated in the section). The sections contain further offenses that this page does not describe.
Penalties
Grades are stated in the offense sections. Ordinary terms come from HRS § 706-659 (class A), § 706-660 (classes B and C) and § 706-663 (misdemeanors), and fine authority from § 706-640.
| Offense | Grade | Ordinary term and fine authority |
|---|---|---|
| Sexual assault in the first degree (§ 707-730) | Class A felony | Indeterminate term of 20 years, with no suspension or probation; minimum set by the paroling authority; fine up to $50,000 |
| Sexual assault in the second degree (§ 707-731) | Class B felony | If imprisonment is ordered, indeterminate term of 10 years; minimum set by the paroling authority; fine up to $25,000 |
| Sexual assault in the third degree (§ 707-732) | Class C felony | If imprisonment is ordered, indeterminate term of 5 years; minimum set by the paroling authority; fine up to $10,000 |
| Sexual assault in the fourth degree (§ 707-733) | Misdemeanor | Definite term not exceeding one year; fine up to $2,000 |
Repeat-offender mandatory minimums under HRS § 706-606.5 and extended terms were not analyzed for this page. The statute text controls.
Sex offender registration
Under HRS § 846E-1, a "sexual offense" includes offenses in §§ 707-730(1), 707-731(1), 707-732(1) and 707-733(1)(a), (b) or (d), and a person convicted is a "sex offender" and a "covered offender" under the registration chapter. The definition excludes conduct under § 707-730(1)(b) and § 707-732(1)(b) if the perpetrator is under 18, and conduct under § 707-733(1)(b) or (d) if the perpetrator is under 25 at the time of the offense.
HRS § 846E-10 sets tiers and petitions to terminate registration. The section provides that a Tier 2 petition is available after 25 years with a clean record for offenses including § 707-730(1)(c), § 707-731(1)(c) or (d) and § 707-732(1)(c), that a Tier 1 petition is available after 10 years for offenses including § 707-733(1)(d), and that § 707-730(1)(b), § 707-732(1)(b) and § 707-733.6 are Tier 3 offenses requiring registration for life without a tiered petition. Separately, any covered offender may petition 40 years after the later of release or sentencing for the most recent covered offense. Read § 846E-10 for the full conditions.
Recent changes
The session-law histories in brackets after the four offense sections end at L 2021, c 239 (§ 707-730), L 2022, c 278 (§§ 707-731 and 707-732) and L 2016, c 153 and c 231 (§ 707-733). No 2023 to 2026 session law appears on them. The pages do not state the session through which they are current, and a search of 2025 and 2026 session bills was limited to those located by search. One 2025 measure, HB 359 (Act 149, signed June 3, 2025), relates to covered offender registration provisions that refer to these sections. It amended §§ 846E-1, 846E-3, 846E-9 and 846E-10; the history lines of the four offense sections show no 2025 session law.
Where to report
If a child is in immediate danger, call 911. The Hawaii Department of Human Services phone number page lists child abuse reporting at 808-832-5300 and, from neighbor islands, toll free at 1-888-380-3088. The national Childhelp hotline and the NCMEC CyberTipline are listed in the box near the top of this page.
Disclaimer
This page is general legal information about Hawaii criminal statutes as verified on 2026-09-29. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in Hawaii.
Related articles
Frequently Asked Questions
Is the five-year age difference in sexual assault in the first and third degrees a defense?
No. For victims 14 and 15, it is written as part of the offense itself: the statute applies where the actor is no less than five years older than the minor, along with the further condition stated in the section.
Which minors do the professional-capacity offenses cover?
Sections 707-731(1)(d) and 707-733(1)(d) refer to a minor who is at least 16 and to a person contemporaneously acting in a professional capacity to instruct, advise or supervise the minor, who is not less than five years older.
Where can the statute text be read?
Each section cited on this page links to the Hawaii Revised Statutes on the Hawaii State Capitol site. The statute text controls over any summary.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Hawaii Revised Statutes, Chapter 707: OFFENSES AGAINST THE PERSON
§ 707-730Sexual assault in the first degreeIn forcecited in 2 of our articles
(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.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
Cited in 142 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Arceo (Hawaii Supreme Court 1996, 84 Haw. 1)“…A. Sexual Assault In The First Degree, In Violation Of HRS § 707-730(1)(b), And Sexual Assault In The Third…”
- State v. Buch (Hawaii Supreme Court 1996, 83 Haw. 308)“…in 1971 Senate Journal, at 1074; Supplemental Commentary to HRS §§ 707-730 to 732 (1976); Supplemental Commentary…”
- State v. Jackson (Hawaii Supreme Court 1996, 81 Haw. 39)“…son with sexual assault in the first degree in violation of HRS § 707-730(1)(a) (1993) [4] (Count I) and sexual…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Hawaii Sexting Laws: Legal Consequences and Penalties
§ 707-731Sexual assault in the second degreeIn force
(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…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
§ 707-732Sexual assault in the third degreeIn force
(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…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
§ 707-733Sexual assault in the fourth degreeIn force
(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.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
§ 707-733.6Continuous sexual assault of a minor under the age of fourteen yearsIn force
(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]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Barrios. (Hawaii Supreme Court 2016, 139 Haw. 321)“…t was not limited to the available sentence under HRS § 707-733.6 Barrios argues that the circ…”
- State v. Young. (Hawaii Intermediate Court of Appeals 2021, 150 Haw. 365)“…vileges or immunities of citizens of the United States[.]" HRS § 707-733.6 makes it a crime for a person who eithe…”
- State v. Tran (Hawaii Intermediate Court of Appeals 2026)“…f a Minor Under the Age of Fourteen Years" in violation of HRS § 707-733.6 (2014). A jury found Tran guilty as…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Hawaii Revised Statutes, Chapter 712: OFFENSES AGAINST PUBLIC HEALTH AND MORALS
§ 712-1209.1Commercial sexual exploitation of a minorIn force
(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.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
Hawaii Revised Statutes, Chapter 706: DISPOSITION OF CONVICTED DEFENDANTS
§ 706-606.5Sentencing of repeat offendersIn force
(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…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
Cited in 96 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Jenkins (Hawaii Supreme Court 2000, 93 Haw. 87)“…wledged that he qualified as a repeat offender, pursuant to HRS § 706-606.5 (1993 & Supp. 1997). 7 He argued, ho…”
- State v. Dudoit (Hawaii Supreme Court 1999, 90 Haw. 262)“…9 , 630 P.2d 633 (1981), in which this court construed HRS § 706-606.5(1)(b) (Supp.1980), which provided in re…”
- State v. Schroeder (Hawaii Supreme Court 1994, 76 Haw. 517)“…ogous to the “repeat offender” *531 statute, HRS § 706-606.5 (1985 & Supp. 1992), 21 wh…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 706-640Authorized finesIn forcecited in 5 of our articles
(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.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
Cited in 21 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Yong Shik Won (Hawaii Supreme Court 2015, 137 Haw. 330)“…y days.” HRS § 701-107(4) (Supp. 2005). 8 HRS § 706-640(1)(e). 9 HRS § 706-60…”
- Adams v. State (Hawaii Supreme Court 2003, 103 Haw. 214)“…ssibility of suspension of sentence or parole.” Pursuant to HRS § 706-640 (Supp.1997), the maximum possible fine…”
- State v. Silva (Hawaii Intermediate Court of Appeals 1999, 91 Haw. 111)“…n or upon premises. (2) Simple trespass is a violation. HRS § 706-640 (Supp.1998) provides that a person conv…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Hawaii Recording Laws (2026): Hybrid Consent State Rules, Hawaii Audio Recording Laws: One-Party Consent Rules and Penalties, Hawaii Smart Glasses Recording Laws (2026)
§ 706-659Sentence of imprisonment for class A felonyIn force
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]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
Cited in 46 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Yamada (Hawaii Supreme Court 2002, 99 Haw. 542)“…ut the possibility of suspension of sentence or probation." HRS § 706-659 (1993 & Supp.2001). The prosecution did…”
- State v. Lau (Hawaii Supreme Court 1992, 73 Haw. 259)“…f being sentenced to an indeterminate term of twenty years. HRS § 706-659. 1 However, because of his…”
- State v. Levi (Hawaii Supreme Court 2003, 102 Haw. 282)“…to sentence Defendant to a twenty-year term as set forth in HRS § 706-659 (Supp.2002), 12 because th…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 706-660Sentence of imprisonment for class B and C felonies; ordinary terms; discretionary termsIn forcecited in 8 of our articles
(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.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
Cited in 78 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Gaylord (Hawaii Supreme Court 1995, 78 Haw. 127)“…r alia, by an indeterminate ten-year term of imprisonment. HRS § 706-660(1) (Supp.1992). . We recognize th…”
- State v. Soto (Hawaii Supreme Court 1997, 84 Haw. 229)“…murder was a class B felony and was punishable pursuant to HRS § 706-660 (1985), 21 “which delineat…”
- State v. Rivera (Hawaii Supreme Court 2004, 106 Haw. 146)“…to the amendments made by Act 102 (1965), the commentary to HRS § 706-660 (1976) states, inter alia: In 1965…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Hawaii Phone Call Recording Laws: One-Party Consent Rules for Calls, Hawaii Security Camera Laws: Residential and Business Surveillance Rules, Hawaii Voyeurism Laws: Hidden Camera Penalties and Privacy Protections
§ 706-663Sentence of imprisonment for misdemeanor and petty misdemeanorIn forcecited in 4 of our articles
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]
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
Cited in 38 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- State v. Sprattling (Hawaii Supreme Court 2002, 99 Haw. 312)“…ment. See HRS § 707-712(1)(b) (1993), see supra note 1; HRS § 706-663 (1993). [6] Moreover, inasmuch as the…”
- State v. Murray (Hawaii Supreme Court 2007, 116 Haw. 3)“…a misdemeanor, may be imprisoned for up to one year, (see HRS § 706-663 (Supp.1992)), the court had a duty to…”
- State v. Kaulia (Hawaii Supreme Court 2013, 128 Haw. 479)“…D PACIFIC REPORTER*** of one year. HRS § 707-712(2); HRS § 706-663 (1993).19 He therefore had a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Hawaii Revised Statutes, Chapter 846E: REGISTRATION OF SEX OFFENDERS AND OTHER COVERED
§ 846E-1DefinitionsIn forcecited in 2 of our articles
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.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
Cited in 18 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Guidry (Hawaii Supreme Court 2004, 105 Haw. 222)“…r a ‘criminal offense against a victim who is a minor[.]’ ” HRS § 846E-1. 9 This definition encompa…”
- State v. Alangcas. (Hawaii Supreme Court 2015, 134 Haw. 515)“…RS § 707-756 is void for vagueness because its referral to HRS § 846E-1 makes it unconstitutionally confusing.…”
- State v. Nicholson (Hawaii Intermediate Court of Appeals 2009, 120 Haw. 480)“…offense because it did not specify which offense defined in HRS § 846E-1 he intended to commit. Ordinarily, an i…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 846E-10Termination of registration requirementsIn force
(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.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at capitol.hawaii.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Lawson v. Attorney General. (Hawaii Supreme Court 2015, 135 Haw. 390)“…oe failed to follow the termination procedures provided in HRS § 846E-10, a reference to which is contained onl…”
- Holmes v. State (Hawaii Intermediate Court of Appeals 2026)“…is required to register for life, except as provided under HRS § 846E-10(e) [(2014)]." And Holmes was not…”
- State v. Pedro. (Hawaii Supreme Court 2021, 149 Haw. 256)“…comply with Hawaiʻi’s sex offender registration laws. Under HRS § 846E-10, Pedro would register as a sex offender…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- HRS § 707-730 (Sexual assault in the first degree)(www.capitol.hawaii.gov).gov
- HRS § 707-731 (Sexual assault in the second degree)(www.capitol.hawaii.gov).gov
- HRS § 707-732 (Sexual assault in the third degree)(www.capitol.hawaii.gov).gov
- HRS § 707-733 (Sexual assault in the fourth degree)(www.capitol.hawaii.gov).gov
- HRS § 706-659 (Class A felony terms)(www.capitol.hawaii.gov).gov
- HRS § 706-660 (Class B and C felony terms)(www.capitol.hawaii.gov).gov
- HRS § 706-663 (Misdemeanor terms)(www.capitol.hawaii.gov).gov
- HRS § 706-640 (Fines)(www.capitol.hawaii.gov).gov
- HRS § 846E-1 (Sex offender registration definitions)(www.capitol.hawaii.gov).gov
- HRS § 846E-10 (Termination of registration)(www.capitol.hawaii.gov).gov
- Hawaii State Legislature, HB 359 (2025), Relating to Covered Offender Registration(www.capitol.hawaii.gov).gov
- Hawaii Department of Human Services, important phone numbers (child abuse reporting)(humanservices.hawaii.gov).gov
- HRS § 712-1209.1(www.capitol.hawaii.gov).gov
- § 707-733.6(www.capitol.hawaii.gov).gov
- HRS § 706-606.5(www.capitol.hawaii.gov).gov