Hawaii-2011-HB1007-Amended

SECTION 1. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§712‑ Disseminating material that is pornographic for minors to other minors over the Internet or by electronic communication. (1) A person commits the offense of disseminating material that is pornographic for minors over the Internet or by electronic communication if, knowing the character and content of the material disseminated, the person knowingly transmits the material directly to a specific individual who is known or believed by the person to be a minor, material that is pornographic.

(2) A transmission of material that is pornographic for minors or in a listserve or chatroom shall not be a crime under this section, unless the transmission is made directly to a specific individual who is known or believed by the transmitter to be a minor.

(3) For purposes of determining whether material is "pornographic for minors", the standards of the national community shall be applied.

(4) Disseminating material that is pornographic for minors over the Internet or by electronic device is a class felony."

SECTION 2. Section 712-1210, Hawaii Revised Statutes, is amended by amending the definition of "pornograhic for minors" to read as follows:

""Pornographic for minors." Any material or performance is "pornographic for minors" if:

(1) It is primarily devoted to explicit and detailed narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse; and:

(a) It is presented in such a manner that the average person applying contemporary community standards, would find that, taken as a whole, it appeals to a minor's prurient interest[;] in sex;

(b) It is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

(2) It contains any photograph, drawing, or similar visual representation of any person of the age of puberty or older revealing such person with less than a fully opaque covering of his or her genitals and pubic area, or depicting such person in a state of sexual excitement or engaged in acts of sexual conduct or sadomasochistic abuse; and:

(a) It is presented in such a manner that the average person, applying contemporary community standards, would find that, taken as a whole, it appeals to a minor's prurient interest; [~~and~~]

(b) Taken as a whole, it lacks serious literary, artistic, political, or scientific value[.]; and

SECTION 3. Section 712-1215, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of promoting pornography for minors if:

(a) Knowing its character and content, the person disseminates [~~to a minor~~] material [~~which~~] that is pornographic for minors[;] to a minor known by the person to be under the age of eighteen years, or who the person believes to be under the age of eighteen years;

(b) Knowing the character and content of a motion picture film or other performance which[~~, in whole or in part,~~] is pornographic for minors, the person:

(i) Exhibits such motion picture film or other performance to a minor; or

(ii) Sells to a minor an admission ticket or pass to premises where there is exhibited or to be exhibited such motion picture film or other performance; or

(iii) Admits a minor to premises where there is exhibited or to be exhibited such motion picture film or other performance."

SECTION 4. Section 806-83, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Criminal charges may be instituted by written information for a felony when the charge is a class C felony under section 19-3.5 (voter fraud); section 128D-10 (knowing releases); section 132D-14(a)(1), (2)(A), and (3) (relating to penalties for failure to comply with requirements of sections 132D-7, 132D‑10, and 132D-16); section 134-24 (place to keep unloaded firearms other than pistols and revolvers); section 134‑7(a) and (b) (ownership or possession prohibited); section 134‑8 (ownership, etc., of automatic firearms, silencers, etc., prohibited; penalties); section 134-9 (licenses to carry); section 134-17(a) (relating to false information or evidence concerning psychiatric or criminal history); section 134‑51 (deadly weapons); section 134-52 (switchblade knives); section 134‑53 (butterfly knives); section 188-23 (possession or use of explosives, electrofishing devices, and poisonous substances in state waters prohibited); section 231-34 (attempt to evade or defeat tax); section 231-36 (false and fraudulent statements); section 245-37 (sale or purchase of packages of cigarettes without stamps); section 245-38 (vending unstamped cigarettes); section 245-51 (export and foreign cigarettes prohibited); section 245-52 (alteration of packaging prohibited); section 291C-12.5 (accidents involving substantial bodily injury); section 291E‑61.5 (habitually operating a vehicle under the influence of an intoxicant); section 329-41 (prohibited acts B‑penalties); section 329‑42 (prohibited acts C-penalties); section 329-43.5 (prohibited acts related to drug paraphernalia); section 329C-2 (manufacture, distribution, or possession with intent to distribute an imitation controlled substance to a person under eighteen years of age); section 346‑34(d)(2) and (e) (relating to fraud involving food stamps or coupons); section 346-43.5 (medical assistance frauds; penalties); section 383-141 (falsely obtaining benefits, etc.); section 431:2-403(b)(2) (insurance fraud); section 482D-7 (violation of fineness standards and stamping requirements); section 485A-301 (securities registration requirement); section 485A‑401 (broker-dealer registration requirement and exemptions); section 485A-402 (agent registration requirement and exemptions); section 485A-403 (investment advisor registration requirement and exemptions); section 485A-404 (investment advisor representative registration requirement and exemptions); section 485A-405 (federal covered investment advisor notice filing requirement); section 485A-501 (general fraud); section 485A-502 (prohibited conduct in providing investment advice); section 707-703 (negligent homicide in the second degree); section 707‑705 (negligent injury in the first degree); section 707-711 (assault in the second degree); section 707‑713 (reckless endangering in the first degree); section 707‑721 (unlawful imprisonment in the first degree); section 707‑726 (custodial interference in the first degree); section 707‑752 (promoting child abuse in the third degree); section 707‑757 (electronic enticement of a child in the second degree); section 707-766 (extortion in the second degree); section 708‑811 (burglary in the second degree); section 708-812.6 (unauthorized entry in a dwelling); section 708-821 (criminal property damage in the second degree); section 708-831 (theft in the second degree); section 708-833.5 (shoplifting); section 708-835.5 (theft of livestock); section 708-836 (unauthorized control of propelled vehicle); section 708-836.5 (unauthorized entry into motor vehicle in the first degree); section 708-839.5 (theft of utility services); section 708-839.55 (unauthorized possession of confidential personal information); section 708‑839.8 (identity theft in the third degree); section 708-852 (forgery in the second degree); section 708-854 (criminal possession of a forgery device); section 708-858 (suppressing a testamentary or recordable instrument); section 708-875 (trademark counterfeiting); section 708-891.5 (computer fraud in the second degree); section 708-892.5 (computer damage in the second degree); section 708-895.6 (unauthorized computer access in the second degree); section 708-8100 (fraudulent use of a credit card); section 708-8102 (theft, forgery, etc., of credit cards); section 708-8103 (credit card fraud by a provider of goods or services); section 708-8104 (possession of unauthorized credit card machinery or incomplete cards); section 708-8200 (cable television service fraud in the first degree); section 708-8202 (telecommunication service fraud in the first degree); section 709-903.5 (endangering the welfare of a minor in the first degree); section 709-906 (abuse of family or household members); section 710-1016.3 (obtaining a government-issued identification document under false pretenses in the first degree); section 710-1016.6 (impersonating a law enforcement officer in the first degree); section 710-1017.5 (sale or manufacture of deceptive identification document); section 710‑1018 (securing the proceeds of an offense); section 710-1021 (escape in the second degree); section 710-1023 (promoting prison contraband in the second degree); section 710‑1024 (bail jumping in the first degree); section 710-1029 (hindering prosecution in the first degree); section 710-1060 (perjury); section 710-1072.5 (obstruction of justice); section 711-1103 (riot); section 711-1109.3 (cruelty to animals; fighting dogs); section 711-1110.9 (violation of privacy in the first degree); section 711-1112 (interference with the operator of a public transit vehicle); section 712-1221 (promoting gambling in the first degree); section 712-1222.5 (promoting gambling aboard ships); section 712-1224 (possession of gambling records in the first degree); section 712-1243 (promoting a dangerous drug in the third degree); section 712-1246 (promoting a harmful drug in the third degree); section 712-1247 (promoting a detrimental drug in the first degree); section 712-1249.6 (promoting a controlled substance in, on, or near schools, school vehicles, or public parks); section 803-42 (interception, access, and disclosure of wire, oral, or electronic communications, use of pen register, trap and trace device, and mobile tracking device prohibited); or section 846E-9(b) (failure to comply with covered offender registration requirements)."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date of this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

HOUSE OF REPRESENTATIVES	H.B. NO.	1007
TWENTY-SIXTH LEGISLATURE, 2011		H.D. 1
STATE OF HAWAII		S.D. 1