Bill Text: HI SB691 | 2017 | Regular Session | Introduced
Bill Title: Relating To Indecent Exposure.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2017-01-23 - Referred to JDL. [SB691 Detail]
Download: Hawaii-2017-SB691-Introduced.html
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THE SENATE |
S.B. NO. |
691 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to indecent exposure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that nude sunbathing has been reported at public areas within proximity to residents, private lands, and families. It has also been reported that as a result of the 2000 Hawaii Supreme Court decision in State v. Kalama, 94 Haw. 60, 8 P.3d 1224 (2000), law enforcement agencies have taken the position that an officer who approaches an individual who is nude in public cannot issue a citation to or arrest the individual for indecent exposure unless a complaint has been made by a member of the public or the individual confronts the officer. This was not the intent of the legislature in creating the offense of indecent exposure. However, because the court in Kalama determined that the language of the indecent exposure law was clear and unambiguous, the court did not consider the legislative history which indicated that the offense of indecent exposure was specifically intended to address activities such as nude sunbathing and streaking.
The purpose of this Act is to amend the offense of indecent exposure to specifically include the activity of nude sunbathing.
SECTION 2. Section 707-734, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:
"(1) A person commits the offense of
indecent exposure if[, the]:
(a) The person intentionally exposes
the person's genitals within reasonable proximity to a person to whom
the person is not married under circumstances in which the actor's conduct is
likely to cause affront[.] to the other person; or
(b) The person is engaged in the activity of nude sunbathing in an area where the actor's conduct is likely to cause affront to another person."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Penal Code; Indecent Exposure; Nude Sunbathing
Description:
Clarifies that the offense of indecent exposure includes the activity of nude sunbathing.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
