Bill Text: HI HB1857 | 2014 | Regular Session | Introduced

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Bill Title: Sexual Assault; Sexual Penetration or Contact by Compulsion; Elements

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2014-02-18 - The committee(s) on JUD recommend(s) that the measure be deferred. [HB1857 Detail]

Download: Hawaii-2014-HB1857-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1857
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to offenses of sexual assault.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 707-700, Hawaii Revised Statutes, is amended by amending the definition of "compulsion" to read as follows:

     ""Compulsion" means [absence]:

     (1)  The absence of consent[,]; or [a]

     (2)  The use of or attempt to use one or more of the following to overcome a person:

         (A)  A threat, express or implied, that places a person in fear of [public]:

              (i)  Bodily injury to the individual or another person, or in fear that the person or another person will be kidnapped; or

             (ii)  Public humiliation, property damage, or financial loss[.];

         (B)  A dangerous instrument; or

         (C)  Physical force."

     SECTION 2.  Section 707-730, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of sexual assault in the first degree if:

    (a)   The person knowingly subjects another person to an act of sexual penetration by [strong] compulsion;

    (b)   The person knowingly engages in sexual penetration with another person who is less than fourteen years old;

    (c)   The person knowingly engages in sexual penetration with a person who is at least fourteen years old but less than sixteen years old; 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;

    (d)   The person knowingly subjects to sexual penetration another person who is mentally defective; or

    (e)   The person knowingly subjects to sexual penetration another 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."

     SECTION 3.  Section 707-731, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of sexual assault in the second degree if:

    (a)   The person [knowingly] recklessly subjects another person to an act of sexual penetration by compulsion;

    (b)   The person knowingly subjects to sexual penetration another person who is mentally incapacitated or physically helpless; or

    (c)   The person, 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 public safety and having received notice of this statute;

        (iv)  By a private correctional facility operating in the State of Hawaii; or

         (v)  As a law enforcement officer as defined in section 710-1000(13),

          knowingly subjects to sexual penetration an imprisoned person, a person confined to a detention facility, a person committed to the director of public safety, a person residing in a private correctional facility operating in the State of Hawaii, or a person in custody; provided that paragraph (b) and this paragraph shall not be construed to prohibit practitioners licensed under chapter 453 or 455 from performing any act within their respective practices; and further provided that this paragraph shall not be construed to prohibit a law enforcement officer from performing a lawful search pursuant to a warrant or exception to the warrant clause."

     SECTION 4.  Section 707-732, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

     "(1)  A person commits the offense of sexual assault in the third degree if:

    (a)   The person [recklessly] negligently subjects another person to an act of sexual penetration by compulsion;

    (b)   The person knowingly subjects to sexual contact another person who is less than fourteen years old or causes such a person to have sexual contact with the person;

    (c)   The person knowingly engages in sexual contact with a person who is at least fourteen years old but less than sixteen years old or causes the minor to have sexual contact with the person; 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;

    (d)   The person knowingly subjects to sexual contact another person who is mentally defective, mentally incapacitated, or physically helpless, or causes such a person to have sexual contact with the actor;

    (e)   The person, 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 public safety and having received notice of this statute;

        (iv)  By a private correctional facility operating in the State of Hawaii; or

         (v)  As a law enforcement officer as defined in section 710-1000(13),

          knowingly subjects to sexual contact an imprisoned person, a person confined to a detention facility, a person committed to the director of public safety, a person residing in a private correctional facility operating in the State of Hawaii, or a person in custody, or causes the person to have sexual contact with the actor; or

    (f)   The person knowingly, by [strong] compulsion, has sexual contact with another person or causes another person to have sexual contact with the actor.

     Paragraphs (b), (c), (d), and (e) shall not be construed to prohibit practitioners licensed under chapter 453 or 455 from performing any act within their respective practices; provided further that paragraph (e)(v) shall not be construed to prohibit a law enforcement officer from performing a lawful search pursuant to a warrant or an exception to the warrant clause."

     SECTION 5.  Section 707-700, Hawaii Revised Statutes, is amended by deleting the definition of "strong compulsion".

     [""Strong compulsion" means the use of or attempt to use one or more of the following to overcome a person:

     (1)  A threat, express or implied, that places a person in fear of bodily injury to the individual or another person, or in fear that the person or another person will be kidnapped;

     (2)  A dangerous instrument; or

     (3)  Physical force."]

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Sexual Assault; Sexual Penetration or Contact by Compulsion; Elements

 

Description:

Amends the elements required to establish:  (1) sexual assault in the first, second, and third degrees with regard to subjecting another person to sexual penetration by compulsion, and (2) sexual assault in the third degree with regard to sexual contact by compulsion.

 

 

 

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