Bill Text: HI SB834 | 2021 | Regular Session | Amended

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Bill Title: Relating To Childlike Sex Dolls.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Passed) 2021-06-25 - Act 067, on 06/24/2021 (Gov. Msg. No. 1169). [SB834 Detail]

Download: Hawaii-2021-SB834-Amended.html

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THE SENATE	S.B. NO.	834
THIRTY-FIRST LEGISLATURE, 2021		S.D. 1
STATE OF HAWAII		H.D. 2
		C.D. 1

A BILL FOR AN ACT

 

 

RELATING TO CHILDLIKE SEX DOLLS.

 

 

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

 

     SECTION 1.  The legislature finds that the widespread availability of childlike sex dolls enables the exploitation, objectification, abuse, and sexual assault of minors.  Childlike sex dolls are designed to look and feel as lifelike as possible.  The physical features of these dolls resemble those of minor children; some dolls are accompanied by accessories such as wigs and false eyelashes.  Childlike sex dolls may have robotic properties that simulate a real child's emotions such as sadness or fear and may also include a programmable "rape function".

     The legislature recognizes that possession of a childlike sex doll correlates with other offenses perpetrated against children.  For example, in the United Kingdom, where multiple shipments of childlike sex dolls have been seized by border patrol agents, investigators found that in many cases the dolls were addressed to individuals committing other offenses involving harm to children.  Similarly, a Johns Hopkins School of Medicine paraphilia researcher has opined that contact with a childlike sex doll is likely to reinforce pedophilic thoughts and cause those thoughts to be acted upon with greater urgency.  Moreover, the legislature believes that some users of childlike sex dolls will reach a point where interaction with a doll is no longer satisfactory and thus attempt to engage in sexual activities with a human child.

     The legislature also finds that other jurisdictions have taken action to help protect minors from the harm associated with childlike sex dolls.  Florida and Tennessee have enacted laws that impose criminal penalties for selling or possessing a childlike sex doll.  Similar measures were introduced in the legislatures of Georgia and New Jersey in 2020.  Further, measures criminalizing the importation, transportation, sale, and possession of childlike sex dolls have been introduced in the United States Congress in recent years.  A current example is H.R. 8236, also known as the "Curbing Realistic Exploitative Electronic Pedophilic Robots Act 2.0" (CREEPER Act 2.0), which was introduced in the House of Representatives on September 14, 2020.

     The purpose of this Act is to establish the felony offense of importation, sale, or possession of a childlike sex doll.

     SECTION 2.  Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§712-     Importation, sale, or possession of a childlike sex doll.  (1)  A person commits the offense of importation, sale, or possession of a childlike sex doll if the person intentionally, knowingly, or recklessly:

     (a)  Imports or causes to be imported into the State one or more childlike sex dolls;

     (b)  Sells, offers to sell, distributes, or otherwise provides to another person one or more childlike sex dolls; or

     (c)  Possesses one or more childlike sex dolls.

     (2)  The importation, sale, or possession of one childlike sex doll is a misdemeanor.

     (3)  The importation, sale, or possession of two to five childlike sex dolls is a class C felony.

     (4)  The importation, sale, or possession of more than five childlike sex dolls is a class B felony.

     (5)  For purposes of this section, "childlike sex doll" means a doll, mannequin, or robot that is intended for sexual stimulation, gratification, or perversion and that has the features of, or features that resemble those of, a person below the age of puberty."

     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.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

Report Title:

Penal Code; Childlike Sex Dolls; Prohibited

 

Description:

Establishes the offense of importation, sale, or possession of one or more childlike sex dolls.  (CD1)

 

 

 

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