If enacted, SB2093 will classify continuous abuse of a minor as a class C felony. This legal categorization can lead to significant penalties, thereby increasing the accountability of guardians and caregivers regarding the treatment of minors. The bill aims to prevent ongoing abuse by recognizing and addressing patterns of harmful behavior, which can often go unpunished under current laws that do not adequately address cumulative acts of abuse.
Senate Bill 2093 introduces a new provision to Chapter 709 of the Hawaii Revised Statutes, specifically addressing the issue of continuous abuse of minors under the age of sixteen years. The bill defines this offense as occurring when a parent, legal guardian, or someone with access to the minor engages in three or more acts that cause bodily injury over a span of time. This definition emphasizes the pattern of behavior contributing to the abuse rather than isolated incidents.
One notable aspect of the bill is the provision that a jury must only agree on the requisite number of acts to convict, rather than needing to agree on which specific acts occurred. This could raise concerns about the fairness of trials, as it could make it easier to secure a conviction based on less stringent evidence. Additionally, the bill stipulates that no other related charges regarding the same victim can be added in the same trial unless they occurred outside the timeframe of the alleged continuous abuse, which could limit the scope of prosecution in certain cases.