Hawaii PROSTITUTION LAWS

Prostitution laws in Hawaii are similar to Prostitution Laws in the rest of the states. The different nuances, however, at the end of the day create big contrasts that may or may not exist between the Prostitution Laws in Hawaii and in the rest of the states.

Below there will be a list compiling all the official legal work and text regarding Prostitution Laws in Hawaii.

For a smoother and easier experience reading this, note that at the very beginning, you will also find a list of definitions, taken from the official government website of Hawaii.

Beyond that, we have listed things in the following order; starting from Prostitution Laws to Commercial Sexual Exploitation, to Sex Trafficking.

Prostitution Laws in Hawaii | Definitions of terms in this part – Chapters §712-1210

Definitions of terms in this part.  In this part, unless a different meaning is required:

     “Age verification records of sexually exploited individuals” means individually identifiable records pertaining to every sexually exploited individual provided to patrons or customers of a public establishment or in a private club or event. Such records shall include:

     (1)  Each sexually exploited individual’s name and date of birth, as ascertained by an examination of the individual’s valid driver’s license, official state identification card, or passport;

     (2)  A certified copy of each sexually exploited individual’s driver’s license, official state identification card, or passport; and

     (3)  Any name ever used by each sexually exploited individual including but not limited to maiden name, aliases, nicknames, stage names, or professional names.

     “Age verification records of sexual performers” means individually identifiable records pertaining to every sexual performer portrayed in a visual depiction of sexual conduct, which include:

     (1)  Each performer’s name and date of birth, as ascertained by the producer’s personal examination of a performer’s valid driver’s license, official state identification card, or passport;

     (2)  A certified copy of each performer’s valid driver’s license, official state identification card, or passport; and

     (3)  Any name ever used by each performer including, but not limited to, maiden name, alias, nickname, stage name, or professional name.

     “Community standards” means the standards of the State.

     “Disseminate” means to manufacture, issue, publish, sell, lend, distribute, transmit, exhibit, or present material or to offer or agree to do the same.

     “Erotic or nude massager” means a nude person providing massage services with or without a license.

     “Exotic or nude dancer” means a person performing, dancing, or entertaining in the nude, and includes patrons participating in a contest or receiving instruction in nude dancing.

     “Intent to profit” means the intent to obtain monetary gain.

     “Material” means any printed matter, visual representation, or sound recording, and includes but is not limited to books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, drawings, sculptures, and tape or wire recordings.

     “Minor” means any person less than sixteen years old.

     “Nude” means unclothed or in attire, including but not limited to sheer or see-through attire, so as to expose to view any portion of the pubic hair, anus, cleft of the buttocks, genitals, or any portion of the female breast below the top of the areola.

     “Performance” means any play, motion picture film, dance, or other exhibition performed before an audience.

     “Pornographic”.  Any material or performance is “pornographic” if all of the following coalesce:

     (a)  The average person, applying contemporary community standards would find that taken as a whole, it appeals to the prurient interest.

     (b)  It depicts or describes sexual conduct in a patently offensive way.

     (c)  Taken as a whole, it lacks serious literary, artistic, political, or scientific merit.

     “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 the prurient interest; and

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

     (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 a 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 the prurient interest; and

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

     “Produces” means to manufacture or publish any pornographic performance, book, magazine, periodical, film, videotape, computer image, or other similar matter and includes the duplication, reproduction, or reissuing of any such matter, but does not include mere distribution or any other activity that does not involve hiring, contracting for, managing, or otherwise arranging for the participation of the performers depicted.

     “Sadomasochistic abuse” means flagellation or torture by or upon a person as an act of sexual stimulation or gratification.

     “Sexual conduct” means acts of masturbation, bestiality, sexual intercourse, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or the breast or breasts of a female for the purpose of sexual stimulation, gratification, or perversion.

     “Sexual excitement” means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.

     “Sexually exploited individuals” means erotic or nude massagers and exotic or nude dancers.

     “Sexual performer” includes any person portrayed in a pornographic visual depiction engaging in, or assisting another person to engage in, sexual conduct.

Prostitution Laws in Hawaii | Prostitution; Definitions, and Offenses – Chapter §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.

“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)  Prostitution is a petty misdemeanor; provided that if the person who commits the offense under subsection (1) is a minor, prostitution is a violation.

     (4)  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 the possibility of deferral of further proceedings pursuant to chapter 853 and without the 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)  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)  A minor may be taken into custody by any police officer without an order of the judge when there are reasonable grounds to believe that the minor has violated subsection (1).  The minor shall be released, referred to, 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.”

Prostitution Laws in Hawaii | Advancing, promoting, promoting to travel for and profiting from Prostitution; Definitions – Chapter §712-1201, §712-1203 & §712-1208

712-1201 – Advancing prostitution; profiting from prostitution; definition of terms.  In sections 712-1202 and 712-1203:

     (1)  A person “advances prostitution” if the person knowingly causes or aids a 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;

     (2)  A person “profits from prostitution” if the person accepts or receives money, anything of value, or other property pursuant to an agreement or understanding with any person whereby the person participates or is to participate in the proceeds of prostitution activity; and

     (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. 

712-1203 – Promoting prostitution.  (1)  A person commits the offense of promoting prostitution if the person knowingly advances or profits from prostitution.

     (2)  Promoting prostitution is a class B felony.

712-1208 – Promoting travel for prostitution.  (1)  A person commits the offense of promoting travel for prostitution if the person knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in what would be prostitution if occurring in the State.

     (2)  “Travel services” has the same meaning as in section 468L-1.

     (3)  Promoting travel for prostitution is a class C felony.

Prostitution Laws in Hawaii | Loitering for the purpose of engaging in or advancing prostitution; Definitions – Chapter §712-1206

Loitering for the purpose of engaging in or advancing prostitution.  (1)  For the purposes of this section, “public place” means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot, or transportation facility or the doorways and entranceways to any building which fronts on any of the aforesaid places, or a motor vehicle in or on any such place.

     (2)  Any person who remains or wanders about in a public place and repeatedly beckons to or repeatedly stops, or repeatedly attempts to stop, or repeatedly attempts to engage passers-by in conversation, or repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes with the free passage of other persons for the purpose of committing the crime of prostitution as that term is defined in section 712-1200, shall be guilty of a violation.

     (3)  Any person who remains or wanders about in a public place and repeatedly beckons to, repeatedly stops, or repeatedly attempts to engage passers-by in conversation, or repeatedly stops or attempts to stop motor vehicles, or repeatedly 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) is guilty of a petty misdemeanor.

Prostitution Laws in Hawaii | Street prostitution and commercial sexual exploitation; designated areas; Definitions, Fines – Chapter §712-1207

Street prostitution and commercial sexual exploitation; designated areas.  (1)  It shall be unlawful for any person within the boundaries of Waikiki and while on any public property to:

     (a)  Offer or agree to engage in sexual conduct with another person in return for a fee or anything of value; or

     (b)  Provide, agree to provide, or offer to provide a fee or anything of value to another person to engage in sexual conduct.

     (2)  It shall be unlawful for any person within the boundaries of other areas in this State designated by county ordinance pursuant to subsection (3), and while on any public property to:

     (a)  Offer or agree to engage in sexual conduct with another person in return for a fee or anything of value; or

     (b)  Provide, agree to provide, or offer to provide a fee or anything of value to another person to engage in sexual conduct.

     (3)  Upon a recommendation of the chief of police of a county, that county may enact an ordinance that:

     (a)  Designates areas, each no larger than three square miles, as zones of significant prostitution-related activity that is detrimental to the health, safety, or welfare of the general public; or

     (b)  Alters the boundaries of any existing area under paragraph (a);

provided that not more than four areas may be designated within the State.

     (4)  Notwithstanding any law to the contrary, any person violating this section shall be guilty of a petty misdemeanor and shall be sentenced to a mandatory term of thirty days imprisonment.  The term of imprisonment shall be imposed immediately, regardless of whether the defendant appeals to the conviction, except as provided in subsection (5).

     (5)  As an option to the mandatory term of thirty days imprisonment, if the court finds the option is warranted based upon the defendant’s record, the court may place the defendant on probation for a period not to exceed six months, subject to the mandatory condition that the defendant observe geographic restrictions that prohibit the defendant from entering or remaining on public property, in Waikiki and other areas in the State designated by county ordinance during the hours from 6 p.m. to 6 a.m.  Upon any violation of the geographic restrictions by the defendant, the court, after hearing, shall revoke the defendant’s probation and immediately impose the mandatory thirty-day term of imprisonment.  Nothing contained in this subsection shall be construed as prohibiting the imposition of stricter geographic restrictions under section 706-624(2)(h).

     (6)  Any person charged under this section may be admitted to bail, pursuant to section 804-4, subject to the mandatory condition that the person observe geographic restrictions that prohibit the defendant from entering or remaining on public property, in Waikiki and other areas in the State designated by county ordinance during the hours from 6 p.m. to 6 a.m.  Notwithstanding any other provision of law to the contrary, any person who violates these bail restrictions shall have the person’s bail revoked after the hearing and shall be imprisoned forthwith.  Nothing contained in this subsection shall be construed as prohibiting the imposition of stricter geographic restrictions under section 804-7.1.

     (7)  Notwithstanding any other law to the contrary, a police officer, without a warrant, may arrest any person when the officer has probable cause to believe that the person has committed a violation of subsection (5) or (6), and the person shall be detained, without bail, until the hearing under the appropriate subsection can be held, which hearing shall be held as soon as reasonably practicable.

     (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.

     “Sexual conduct” has the same meaning as in section 712-1200(2).

     “Waikiki” means that area of Oahu is bounded by the Ala Wai canal, the ocean, and Kapahulu avenue.

     (9)  This section shall apply to all counties; provided that if a county enacts an ordinance to regulate street prostitution and commercial sexual exploitation, other than an ordinance designating an area as a zone of significant prostitution-related activity, the county ordinance shall supersede this section and no person shall be convicted under this section in that county. 

Prostitution Laws in Hawaii | Motion To Vacate Conviction – Chapter §712-1209.6

Prostitution; motion to vacate a conviction.  (1)  A person convicted of committing the offense of prostitution under section 712-1200, loitering for the purpose of engaging in or advancing prostitution under section 712-1206(2), street prostitution and commercial sexual exploitation in designated areas under section 712-1207(1)(a) or (2)(a), or convicted of a lesser offense when originally charged with a violation of section 712-1200, 712-1206(2), or 712-1207(1)(a) or (2)(a), may file a motion to vacate the conviction if the defendant is not subsequently convicted of any offense under the Hawaii Penal Code within three years after the date of the original conviction.

     (2)  The court shall hold a hearing on a motion filed under this section to review the defendant’s record over the three years after the date of the original conviction under sections 712-1200, 712-1206(2), or 712-1207(1)(a) or (2)(a) or conviction of a lesser offense when originally charged with a violation of any of those sections, and if the court finds that the defendant has not been convicted of any offense under the Hawaii Penal Code within this three year period, the court shall vacate the conviction.

Prostitution Laws in Hawaii | Commercial Sexual Exploitation; Definitions, Applicable Status, and Fines – Chapter §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)  Except as provided in subsection (4), commercial sexual exploitation is a petty misdemeanor.

     (4)  Commercial sexual exploitation is 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)  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 the possibility of suspension of sentence; and

     (c)  For purposes of this subsection, the court may impose as a condition of probation that the defendant completes a course of exploitation intervention classes; provided that the court shall only impose the condition for one term of probation.

     (6)  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.

Prostitution Laws in Hawaii | Commercial Sexual Exploitation near schools or public parks and of a minor; Definitions, Applicable Status, and Fines – Chapter §712-1209 & §12-1209.1

712-1209 – Commercial sexual exploitation near schools or public parks. (1)  A person commits the offense of commercial sexual exploitation near schools or public parks if, within seven hundred fifty feet of a school or public park, the person provides, agrees to provide, or offers to provide a fee or anything of value to another person to engage in sexual conduct.

     (2)  Commercial sexual exploitation near schools or public parks is a misdemeanor.

     (3)  For purposes of this section:

     “School” has the same meaning as in section 712-1249.6(6).

     “Sexual conduct” has the same meaning as in section

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 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 required for the offense under subsection (1)(b) is not applicable to the fact that the victim was a minor.  A person is 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 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). 

Prostitution Laws in Hawaii | Habitual commercial sexual exploitation; Definitions – Chapter §712-1209.5

Habitual commercial sexual exploitation.  (1)  A person commits the offense of habitual commercial sexual exploitation if the person is a habitual commercial sexual exploitation offender and provides, agrees to provide, or offers to provide a fee or anything of value to another person to engage in sexual conduct.

     (2)  For the purposes of this section, a person has the status of a “habitual commercial sexual exploitation offender” if the person, at the time of the conduct for which the person is charged, had two or more convictions within ten years of the instant offense for:

     (a)  Commercial sexual exploitation, in violation of section 712-1200.5;

     (b)  Street prostitution and commercial sexual exploitation, in violation of section 712-1207(1)(b) or (2)(b);

     (c)  Habitual commercial sexual exploitation, in violation of this section;

     (d)  An offense of this jurisdiction or any other jurisdiction that is comparable to one of the offenses in paragraph (a), (b), or (c); or

     (e)  Any combination of the offenses in paragraphs (a), (b), (c), or (d).

A conviction for purposes of this section is a judgment on the verdict or a finding of guilt or a plea of guilty or nolo contendere.  The convictions shall have occurred on separate dates and be for separate incidents on separate dates.  At the time of the instant offense, the conviction shall not have been expunged by pardon, reversed, or set aside.

     (3)  Habitual commercial sexual exploitation is a class C felony. 

Prostitution Laws in Hawaii | Sex Trafficking; Definitions, Applicable Status and Fines – Chapter §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)  Advances prostitution or profits from prostitution of a minor.

     (2)  Sex trafficking is a class A felony.

     (3)  As used in 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 required for the offense under subsection (1)(b) is not applicable to the fact that the victim was a minor.  A person is strictly liable with respect to the attendant circumstances that the victim was a minor.