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Sex Offender Laws in Hawaii

Typically, an act of sexual assault means any offense about offensive and undesirable sexual touching. Non-consensual intercourse or rape is an act committed in duress or by threat or force and is a criminal offense in Hawaii under the sexual assault laws of the state. Sexual assault laws in Hawaii are classified into four different degree – 1st-degree sexual offense applies to the most severe sex crimes whereas 4th-degree sexual assault signifies the least serious sex crimes. 

The Criminal Justice Data Center of Hawaii keeps a registry of sex offenders for Hawaii. The registry is centralized and also has details of other covered offenders of the state. Any individual who is found guilty of a sexual offense has to register.

1st-degree sexual assault

It is a kind of sexual assault where a person has knowingly subjected:

  • Any mentally defective individual to an act of sexual penetration
  • Used strong compulsion on another person to an act of sexual penetration
  • An individual who is physically helpless or mentally incapacitated because of any substance, which the offender has purposely administered without procuring consent from the victim for sexual penetration
Hawaii Sex Offender Laws

A 1st-degree sexual assault is also an act where a person knowingly engaged in sexual penetration with

  • An individual who is below 14-year-old
  • A person whose age is between 14-16 years and if the assaulter is over five years older than the minor. Plus, the offender is not married to that minor.

2nd-degree sexual assault

An act where a person knowingly subjected

  • Someone else to an act of sexual penetration by force
  • A person who is behind bars to sexual penetration in case the assaulter is employed in the capacity of a law enforcement position or a private or state correctional facility
  • An individual who is physically helpless or mentally incapacitated to an act of sexual penetration
 

3rd-degree sexual assault

A person recklessly subjected some other individual to an act of sexual penetration by force. 
It is also with full knowledge subjecting

  • Another person who is below 14-year-old to an act of sexual contact
  • A person behind bars to a sexual act in case the assaulter is employed in a law enforcement agency, or  private or state correctional facility
  • A mentally incapacitated, physically helpless, or a mentally defective person
  • Use strong compulsion on another person to coerce into sexual contact
  • Purposefully engaging a person between 14-16 years into an act of sexual contact, in case the assaulter is a minimum of 5 years older than the said minor and has not married the minor
Sex Offender Laws Hawaii

4th-degree sexual assault

  • A person intentionally exposes his genitals in front of another individual and the act can alarm the latter or make the victim fearful of bodily injury
  • Purposely subjecting another individual to an act of sexual contact
  • Trespassing on someone else’s property knowingly to subject the latter for the sexual gratification of the offender

Penalties/punishments for Hawaii sex offenders

  • 1st-degree sexual assault: Considered as Class A felony
  • 2nd-degree sexual assault: Considered as Class B felony
  • 3rd-degree sexual assault: Regarded as Class C felony
  • 4th-degree sexual assault: Regarded as Misdemeanor

When a minor is continuously assaulted sexually

If a person continuously assaults a minor below 14-year-old sexually, it is considered as a class A felony in the state of Hawaii. Such a crime is done when an offender lives with a minor in the same place or may have repeated access to the said minor. Also, the offender has engaged in a minimum of 3 or more sexual contact or sexual penetration acts with the same minor.