HB 2251

HOUSE OF REPRESENTATIVES
H.B. NO.
2251
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO OFFENSES AGAINST PUBLIC HEALTH AND MORALS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.�
The legislature finds that it has made concerted efforts since the 2010s
to reduce and combat sex trafficking in the State and protect those victimized
by prostitution.� One of these efforts
has been amending sections 712-1202 and 712-1203, Hawaii Revised Statutes, to
specifically target those who benefit the most from prostitution, such as sex
traffickers and pimps.
���� The legislature finds that the Hawaii
supreme court decision in State v. Ibarra, 153 Hawai`i
50, 526 P.3d 575 (2023), indicates a need for the sex trafficking and promoting
prostitution criminal offense statutes to be further clarified.
���� Accordingly, the purpose of this Act is to
clarify and update the sex trafficking and promoting prostitution criminal
offense statutes by refining the definition of "profits from
prostitution," establishing an affirmative defense to these offenses for
certain lawful transactions, and making technical and other housekeeping
amendments.
���� SECTION 2.�
Section 350-1, Hawaii Revised Statutes, is amended by amending the
definition of "child abuse or neglect" to read as follows:
���� ""Child abuse or neglect"
means:
���� (1)� The
acts or omissions of any person who, or legal entity [[which,]] that,
is in any manner or degree related to the child, is residing with the child, or
is otherwise responsible for the child's care, that have resulted in the
physical or psychological health or welfare of the child, who is under the age
of eighteen, to be harmed, or to be subject to any reasonably foreseeable,
substantial risk of being harmed.� The
acts or omissions are indicated for the purposes of reports by circumstances
that include but are not limited to:
��������� (A)� When
the child exhibits evidence of:
������������� (i)� Substantial or multiple skin bruising or any other internal
bleeding;
������������ (ii)� Any injury to skin causing substantial bleeding;
����������� (iii)� Malnutrition;
������������ (iv)� Failure to thrive;
������������� (v)� Burn or burns;
������������ (vi)� Poisoning;
����������� (vii)� Fracture of any bone;
���������� (viii)� Subdural hematoma;
������������ (ix)� Soft tissue swelling;
������������� (x)� Extreme pain;
������������ (xi)� Extreme mental distress;
����������� (xii)� Gross degradation; or
���������� (xiii)� Death; and
������������� [[such]] the injury is
not justifiably explained, or when the history given concerning [[such]] the
condition or death is at variance with the degree or type of [[such]] the
condition or death, or circumstances indicate that [[such]] the
condition or death may not be the product of an accidental occurrence;
��������� (B)� When
the child has been the victim of sexual contact or conduct, including but not
limited to sexual assault as defined in the Penal Code, molestation, sexual
fondling, incest, or prostitution; obscene or pornographic photographing,
filming, or depiction; or other similar forms of sexual exploitation, including
but not limited to acts that constitute an offense pursuant to section [[712-1202(1)(b);]]
712-1202(1)(c);
��������� (C)� When
there exists injury to the psychological capacity of a child as is evidenced by
an observable and substantial impairment in the child's ability to function;
��������� (D)� When
the child is not provided in a timely manner with adequate food, clothing,
shelter, psychological care, physical care, medical care, or supervision;
��������� (E)� When
the child is provided with dangerous, harmful, or detrimental drugs as defined
by section 712-1240; provided that this subparagraph shall not apply when [[such]]
the drugs are provided to the child pursuant to the direction or
prescription of a practitioner, as defined in section 712-1240; or
��������� (F)� When
the child has been the victim of labor trafficking under chapter 707; or
���� (2)� The
acts or omissions of any person that have resulted in sex trafficking or severe
forms of trafficking in persons; provided that no finding by the department
pursuant to this chapter shall be used as conclusive evidence that a person has
committed an offense under part VIII of chapter 707 or section 712-1202."
���� SECTION 3.�
Section 588-2, Hawaii Revised Statutes, is amended by amending the
definition of "child sexual abuse" to read as follows:
���� ""Child sexual abuse" means
any of the offenses described under chapter 707, part V, when committed against
a person under the age of eighteen years or that damage or injure a child's
physical or psychological health or welfare, where the child has been the
victim of sexual contact or conduct, including sexual assault; sodomy;
molestation; sexual fondling; incest; prostitution; obscene or pornographic
photographing, filming, or depiction; or other similar forms of sexual
exploitation, including but not limited to acts that constitute an offense
pursuant to section [[712-1202(1)(b).]] 712-1202(1)(c)."
���� SECTION 4.�
Section 712-1200, Hawaii Revised Statutes, is amended to read as
follows:
���� "�712-1200� Prostitution.�
(1)� A person commits the
offense of prostitution if the person engages in, or agrees or offers to engage
in, sexual conduct with another person in return for a fee or anything of
value.
��� [[(2)�
As used in this section:]
���� ["Minor" means a person who is
less than eighteen years of age.]
���� ["Seeks medical or law enforcement
assistance" includes but is not limited to making, or assisting someone
who is making, a report to the 911 system, a poison control center, a medical
provider, a reproductive health provider, or any law enforcement agency or
providing care to someone who is awaiting the arrival of medical or law
enforcement personnel.]
���� ["Sexual conduct" means
"sexual penetration", "deviate sexual intercourse", or
"sexual contact", as those terms are defined in section 707-700, or
"sadomasochistic abuse" as defined in section 707-752.]
���� [(3)]] (2)� Prostitution shall be a petty misdemeanor;
provided that if the person who commits the offense under subsection (1) is a
minor, prostitution shall be a violation.
���� [[(4)]] (3)� A person convicted of committing the offense
of prostitution as a petty misdemeanor shall be sentenced as follows:
���� (a)� For
the first offense, when the court has not deferred further proceedings pursuant
to chapter 853, a fine of no less than $500 but no more than $1,000 and the
person may be sentenced to a term of imprisonment of no more than thirty days
or probation; provided that in the event the convicted person defaults in
payment of the fine, and the default was not contumacious, the court may make
an order converting the unpaid portion of the fine to community service as
authorized by section 706‑605(1);
���� (b)�
For any subsequent offense, a fine of no less than $500 but no more than
$1,000 and a term of imprisonment of thirty days or probation, without
possibility of deferral of further proceedings pursuant to chapter 853 and
without possibility of suspension of sentence; and
���� (c)�
For the purpose of this subsection, if the court has deferred further
proceedings pursuant to chapter 853, and notwithstanding any provision of
chapter 853 to the contrary, the defendant shall not be eligible to apply for
expungement pursuant to section 831-3.2 until three years following
discharge.� A plea previously entered by
a defendant under section 853-1 for a violation of this section shall be
considered a prior offense.
���� [[(5)]] (4)� This section shall not apply to any member of
a police department, a sheriff, or a law enforcement officer acting in the
course and scope of duties; provided that the member of a police department,
sheriff, or law enforcement officer is engaging in undercover operations;
provided further that under no circumstances shall sexual contact initiated by
a member of a police department, sheriff, or law enforcement officer; sexual
penetration; or sadomasochistic abuse be considered to fall within the course
and scope of duties.
���� [[(6)]] (5)� A minor may be taken into custody by any
police officer without order of the judge when there are reasonable grounds to
believe that the minor has violated subsection (1).� The minor shall be released, referred, or transported
pursuant to section 571-31(b).� The minor
shall be subject to the jurisdiction of the family court pursuant to section
571-11(1), including for the purposes of custody, detention, diversion, and
access to services and resources.
���� [[(7)]] (6)� Notwithstanding this section or any other law
to the contrary, a person who in good faith seeks medical or law enforcement
assistance for themselves or another person, or is the subject of another
person's good faith act seeking medical or law enforcement assistance, shall
not:
���� (a)� Be arrested, charged,
prosecuted, or convicted;
���� (b)� Have their property be
subject to civil forfeiture; or
���� (c)� Otherwise be
penalized,
pursuant to this section
if the probable cause or evidence for the arrest, charge, prosecution,
conviction, seizure, or penalty was gained as a result of seeking medical or
law enforcement assistance; provided that this subsection shall not apply to
any other criminal offense."
���� SECTION 5.�
Section 712-1200.5, Hawaii Revised Statutes, is amended to read as
follows:
���� "[[[]]�712-1200.5[[]]]� Commercial sexual exploitation.� (1)�
A person commits the offense of commercial sexual exploitation if the
person provides, agrees to provide, or offers to provide a fee or anything of
value to another to engage in sexual conduct.
���� [[(2)�
As used in this section, "sexual conduct" has the same meaning
as in section 712][‑][1200(2).]
���� [(3)]] (2)� Except as provided in subsection [[(4),]]
(3), commercial sexual exploitation [[is]] shall be a petty
misdemeanor.
���� [[(4)]] (3)� Commercial sexual exploitation [[is]] shall
be a class C felony if the person who commits the offense under subsection
(1) does so in reckless disregard of the fact that the person exploited is a
victim of sex trafficking.
���� [[(5)]] (4)� A person convicted of committing the offense
of commercial sexual exploitation as a petty misdemeanor shall be sentenced as
follows:
���� (a)� For
the first offense, a fine of no less than $500 but no more than $1,000 and the
person may be sentenced to a term of imprisonment of no more than thirty days
or probation; provided that in the event the convicted person defaults in
payment of the fine, and the default was not contumacious, the court may order
conversion of the unpaid portion of the fine to community service as authorized
by section 706-605(1);
���� (b)� For
any subsequent offense, a fine of no less than $500 but no more than $1,000 and
a term of imprisonment or probation of no more than thirty days, without
possibility of suspension of sentence; and
���� (c)� For
purposes of this subsection, the court may impose as a condition of probation
that the defendant complete a course of exploitation intervention classes;
provided that the court shall only impose the condition for one term of
probation.
���� [[(6)]] (5)� This section shall not apply to any member of
a police department, a sheriff, or a law enforcement officer acting in the
course and scope of duties; provided that the member of a police department,
sheriff, or law enforcement officer is engaging in undercover operations;
provided further that under no circumstances shall sexual contact initiated by
a member of a police department, sheriff, or law enforcement officer; sexual
penetration; or sadomasochistic abuse be considered to fall within the course
and scope of duties."
���� SECTION 6.�
Section 712-1201, Hawaii Revised Statutes, is amended to read as
follows:
���� "�712-1201� [[Advancing prostitution; profiting from
prostitution; definition]] Definitions of terms[[.]] in this
part. �In [[sections 712-1202
and 712-1203:� (1)� A person "advances]] this part,
unless a different meaning is required or specified:
���� "Advances prostitution" [[if]]
means that the person knowingly causes or aids [[a]] another
person to commit or engage in prostitution, procures or solicits patrons for
prostitution, provides persons for prostitution purposes, permits premises to
be regularly used for prostitution purposes, operates or assists in the
operation of a house of prostitution or a prostitution enterprise, or engages
in any other conduct designed to institute, aid, or facilitate an act or
enterprise of prostitution[[;]].
���� "Minor" means a person who is
less than eighteen years of age.
���� [[(2)�
A person "profits]] "Profits from prostitution"
[[if]] means that the person knowingly accepts or receives
money, anything of value, or other property pursuant to an agreement or
understanding with [[any person]] a third party whereby the person
participates or is to participate in the proceeds of prostitution activity[[;
and]], regardless of whether the money, thing of value, or other property
is accepted or received in excess of expenditures or as reimbursement or
repayment of any debt.
���� [[(3)�
The definitions in subsections (1) and (2) shall not include those
engaged in conduct outlined in section 712-1200 as the prostituted person or
section 712-1200.5 as the person engaged in commercial sexual exploitation.]]
���� "Seeks medical or law enforcement
assistance" includes but is not limited to making, or assisting someone
who is making, a report to the 911 system, a poison control center, a medical
provider, a reproductive health provider, or any law enforcement agency or
providing care to someone who is awaiting the arrival of medical or law
enforcement personnel.
���� "Sexual conduct" means
"sexual penetration", "deviate sexual intercourse", or
"sexual contact", as those terms are defined in section 707-700, or
"sadomasochistic abuse" as defined in section 707-752."
���� SECTION 7.�
Section 712-1202, Hawaii Revised Statutes, is amended to read as
follows:
���� "�712-1202� Sex trafficking.� (1)�
A person commits the offense of sex trafficking if the person knowingly:
���� (a)� Advances
prostitution by compelling or inducing a person by force, threat, fraud,
coercion, or intimidation to engage in prostitution[[, or profits from such
conduct by another; or]];
���� (b)�
Profits from prostitution that is the result of another person
compelling or inducing a person by force, threat, fraud, coercion, or
intimidation to engage in prostitution; or
���� [[(b)]] (c)� Advances prostitution or profits from
prostitution of a minor.
���� (2)�
Sex trafficking [[is]] shall be a class A felony.
���� (3)� [[As used in]] For the purposes of
this section:
���� "Fraud" means making material false statements,
misstatements, or omissions.
���� [["Minor" means a person who is less than eighteen
years of age.]]
���� "Threat" means any of the actions listed in
section���� 707-764(1).
���� (4)� The state of mind
requirement for the offense under subsection [[(1)(b) is]] (1)(c) shall
not be applicable to the fact that the victim was a minor.� A person [[is]] shall be strictly
liable with respect to the attendant circumstances that the victim was a minor.
���� (5)� It shall be an
affirmative defense to a prosecution under subsection (1)(b) or (c) that the
person received funds, a thing of value, or property in the ordinary course of
a lawful business, where the source of funds, the thing of value, or property
was immaterial to the transaction, and without intent to facilitate or benefit
from prostitution.
���� (6)� No person shall be
convicted under this section if the conduct of the person underlying the
offense consists exclusively of the person's own acts of:
���� (a)� Prostitution
as a prostituted person as provided in section 712-1200; or
���� (b)� Commercial
sexual exploitation as provided in section 712-1200.5."
���� SECTION 8.�
Section 712-1203, Hawaii Revised Statutes, is amended to read as
follows:
���� "�712-1203� Promoting prostitution.� (1)�
A person commits the offense of promoting prostitution if the person
knowingly advances prostitution or profits from prostitution.
���� (2)� Promoting
prostitution [[is]] shall be a class B felony.
���� (3)�
It shall be an affirmative defense to a prosecution under this section
that the person received funds, a thing of value, or property in the ordinary
course of a lawful business, where the source of funds, the thing of value, or
property was immaterial to the transaction, and without intent to facilitate or
benefit from prostitution.
���� (4)�
No person shall be convicted under this section if the conduct of the
person underlying the offense consists exclusively of the person's own acts of:
���� (a)� Prostitution
as a prostituted person as provided in section 712-1200; or
���� (b)� Commercial
sexual exploitation as provided in section 712-1200.5."
���� SECTION 9.�
Section 712-1206, Hawaii Revised Statutes, is amended to read as
follows:
���� "[[[]]�712-1206[[]]]
�Loitering for the purpose of
engaging in or advancing prostitution.�
(1)� For the purposes of this
section[[:]
���� ["Public]], "public
place" means any street, sidewalk, bridge, alley or alleyway, plaza, park,
driveway, parking lot or transportation facility or the doorways and entrance
ways to any building that fronts on any of the aforesaid places, or a motor
vehicle in or on any such place.
���� [["Seeks medical or law enforcement
assistance" includes but is not limited to making, or assisting someone
who is making, a report to the 911 system, a poison control center, a medical
provider, a reproductive health provider, or any law enforcement agency or
providing care to someone who is awaiting the arrival of medical or law
enforcement personnel.]]
���� (2)�
Any person who remains or wanders about in a public place and
repeatedly:
���� (a)� Beckons
to, stops, or attempts to stop or engage passers-by in conversation;
���� (b)� Stops
or attempts to stop motor vehicles; or
���� (c)� Interferes
with the free passage of other persons,
for
the purpose of committing the crime of prostitution as [[that term is defined]]
provided in section 712-1200 shall be guilty of a violation.
���� (3)�
Any person who remains or wanders about in a public place and
repeatedly:
���� (a)� Beckons
to, stops, or attempts to engage passers-by in conversation;
���� (b)� Stops
or attempts to stop motor vehicles; or
���� (c)� Interferes
with the free passage of other persons,
for
the purpose of [[committing the crime of]] advancing prostitution [[as
that term is defined in section 712-1201(1)]] shall be guilty of a petty
misdemeanor.
���� (4)�
Notwithstanding this section or any other law to the contrary, a person
who in good faith seeks medical or law enforcement assistance for themselves or
another person, or is the subject of another person's good faith act seeking
medical or law enforcement assistance, shall not:
���� (a)�
Be arrested, charged, prosecuted, or convicted;
���� (b)�
Have their property be subject to civil forfeiture; or
���� (c)�
Otherwise be penalized,
pursuant
to this section if the probable cause or evidence for the arrest, charge,
prosecution, conviction, seizure, or penalty was gained as a result of seeking
medical or law enforcement assistance; provided that this subsection shall not
apply to any other criminal offense."
���� SECTION 10.�
Section 712-1207, Hawaii Revised Statutes, is amended by amending
subsection (8) to read as follows:
���� "(8)� For purposes of this section:
���� "Area" means any zone within a county that is defined
with specific boundaries and designated as a zone of significant prostitution
by this section or a county ordinance.
���� "Public property" includes any street, highway, road,
sidewalk, alley, lane, bridge, parking lot, park, or other property owned or
under the jurisdiction of any governmental entity or otherwise open to the
public.
���� [["Seeks medical or law enforcement assistance"
includes but is not limited to making, or assisting someone who is making, a
report to the 911 system, a poison control center, a medical provider, a
reproductive health provider, or any law enforcement agency or providing care
to someone who is awaiting the arrival of medical or law enforcement personnel.]
���� ["Sexual conduct" has the same meaning as in section
712-1200(2).]]
���� "Waikiki" means that area of Oahu bounded by the Ala
Wai canal, the ocean, and Kapahulu avenue."
���� SECTION 11.� Section
712-1209, Hawaii Revised Statutes, is amended by amending subsection (3) to
read as follows:
���� "(3)� For purposes of
this section[[:]
���� ["School"]], "school" has the
same meaning as in section 712-1249.6(6).
���� [["Sexual conduct" has the same meaning as in
section 712-1200(2).]]"
���� SECTION 12.� Section
712-1209.1, Hawaii Revised Statutes, is amended to read as follows:
���� "�712-1209.1�
Commercial sexual exploitation of a minor.� (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]] shall be 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.
���� (4)� This section shall
not apply to any member of a police department, a sheriff, or a law enforcement
officer acting in the course and scope of duties; provided that the member of a
police department, sheriff, or law enforcement officer is engaging in
undercover operations; provided further that under no circumstances shall
sexual contact initiated by a member of a police department, sheriff, or law
enforcement officer; sexual penetration; or sadomasochistic abuse be considered
to fall within the course and scope of duties.
���� (5)� The state of mind
requirement for the offense under subsection (1)(b) [[is]] shall
not be applicable to the fact that the victim was a minor.� A person [[is]] shall be strictly
liable with respect to the attendant circumstance that the victim was a minor;
provided that the person had a reasonable opportunity to observe the victim.
���� (6)� Consent of a minor to
the sexual conduct [[does]] shall not constitute a defense to any
offense in this section.
���� [[(7)� For purposes of
this section:]
���� ["Minor" means a person who is less than eighteen
years of age.]
���� ["Sexual conduct" has the same meaning as in section
712][‑][1200(2).]]"
���� SECTION 13.� Section
846E-1, Hawaii Revised Statutes, is amended by amending the definition of
"sexual offense" to read as follows:
���� ""Sexual offense" means an offense that is:
���� (1)� Set forth in section
707-730(1), 707-731(1),������ 707-732(1),
707-733(1)(a), 707-733.6, [[712-1200.5(4),]] 712-1200.5(3),
712-1202(1), or 712-1203(1), but excludes conduct that is criminal only because
of the age of the victim, as provided in section��������� 707-730(1)(b), or section
707-732(1)(b) if the perpetrator is under the age of eighteen;
���� (2)� An act defined in
section 707-720 if the charging document for the offense for which there has
been a conviction alleged intent to subject the victim to a sexual offense;
���� (3)� An act that consists
of:
��������� (A)� Criminal sexual
conduct toward a minor, including but not limited to an offense set forth in
section 707-759;
��������� (B)� Solicitation of a
minor who is less than fourteen years old to engage in sexual conduct;
��������� (C)� Use of a minor in
a sexual performance;
��������� (D)� Production,
distribution, or possession of child pornography chargeable as a felony under
section 707-750, 707-751, or 707-752;
��������� (E)� Electronic
enticement of a child chargeable under section 707-756 or 707-757 if the
offense was committed with the intent to promote or facilitate the commission
of another covered offense as defined in this section; or
��������� (F)� Commercial sexual
exploitation of a minor in violation of section 712-1209.1;
���� (4)� A violation of privacy
under section 711-1110.9;
���� (5)� An act, as described
in chapter 705, that is an attempt, criminal solicitation, or criminal
conspiracy to commit one of the offenses designated in paragraphs (1) through
(4);
���� (6)� A criminal offense
that is comparable to or that exceeds a sexual offense as defined in paragraphs
(1) through (5); or
���� (7)� Any federal, military,
out-of-state, tribal, or foreign conviction for any offense that under the laws
of this State would be a sexual offense as defined in paragraphs (1) through
(6)."
���� SECTION 14.�
This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.
���� SECTION 15.�
Statutory material to be repealed is bracketed and stricken.� New statutory material is underscored.
���� SECTION 16.�
This Act, upon its approval, shall take effect on July 1, 2026.
INTRODUCED BY:
_____________________________
BY REQUEST
Report Title:
Penal
Code; Offenses Against Public Health and Morals; Sex Trafficking; Promoting
Prostitution
Description:
Clarifies
and updates the sex trafficking and promoting prostitution criminal offense
statutes by refining the definition of "profits from prostitution,"
establishing an affirmative defense to these offenses for certain lawful
transactions, and making technical and other housekeeping amendments.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.