| 47 | | - | SECTION 1. Chapter 709, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§709- Child torture; penalty. (1) A person commits the offense of child torture if the person is a parent or legal guardian of, resides in the same home with, or has recurring access to, a minor and intentionally, knowingly, or recklessly tortures the minor, with intent to cause or knowledge of causing, or in reckless disregard of the substantial and unjustifiable risk of causing, mental anguish to the minor. (2) As used in this section, "torture" of a minor includes the following: (a) Inflicting, or threatening to inflict, bodily injury upon the minor; (b) Threatening the minor with imminent death; (c) Threatening the minor that another person, or a pet, will imminently be subjected to death, serious bodily injury, or substantial bodily injury; (d) Depriving the minor of necessary food, clothing, shelter, or medical care for a grossly unreasonable period of time; (e) Forcing the minor to ingest: (i) Feces; (ii) Toxic substances; or (iii) Any substance in quantities that expose the minor to the risk of bodily injury; and (f) Physically restraining the minor in a manner that interferes substantially with the child's liberty in a grossly unreasonable manner that serves no legitimate parental purpose. (3) As used in this section, "mental anguish" means mental pain and distress that is more than mere worry, anxiety, vexation, resentment, embarrassment, or anger and is of such a nature, duration, and severity that it causes a substantial disruption in the minor's daily routine. (4) Child torture is a class A felony." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. |
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| 47 | + | SECTION 1. Chapter 709, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§709- Child torture; penalty. (1) A person commits the offense of child torture if the person is a parent or legal guardian of, resides in the same home with, or has recurring access to, a minor and intentionally, knowingly, or recklessly tortures the minor, with intent to cause or knowledge of causing, or in reckless disregard of the substantial and unjustifiable risk of causing, mental anguish to the minor. (2) As used in this section, "torture" of a minor includes the following: (a) Inflicting, or threatening to inflict, bodily injury upon the minor; (b) Threatening the minor with imminent death; (c) Threatening the minor that another person, or a pet, will imminently be subjected to death, serious bodily injury, or substantial bodily injury; (d) Withholding from the minor adequate food, clothing, shelter, psychological care, physical care, medical care, or supervision; (e) Forcing the minor to ingest: (i) Feces; (ii) Toxic substances; or (iii) Any substance in quantities that expose the minor to the risk of bodily injury; and (f) Physically restraining the minor under circumstances that expose the minor to the risk of bodily injury. (3) Child torture is a class A felony." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ By Request |
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