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
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
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.