Hawaii 2022 Regular Session

Hawaii Senate Bill SB409 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 409 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT RELATING TO SEX TRAFFICKING. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 409
4	4	THIRTY-FIRST LEGISLATURE, 2021
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	409
12	12
13	13	THIRTY-FIRST LEGISLATURE, 2021
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	RELATING TO SEX TRAFFICKING.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. Section 712-1202, Hawaii Revised Statutes, is amended to read as follows: "§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 or profits from prostitution of a minor; provided that with respect to the victim's age, the prosecution shall be required to prove only that the person committing the offense acted negligently. (2) Sex trafficking is a class A felony. (3) As used in this section: "Coercion" means: (1) Threats of serious harm to or physical restraint against any person; (2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (3) The abuse or threatened abuse of the legal process. "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)." 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
48	48
49	49	SECTION 1. Section 712-1202, Hawaii Revised Statutes, is amended to read as follows:
50	50
51	51	"§712-1202 Sex trafficking. (1) A person commits the offense of sex trafficking if the person knowingly:
52	52
53	53	(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
54	54
55	55	(b) Advances or profits from prostitution of a minor; provided that with respect to the victim's age, the prosecution shall be required to prove only that the person committing the offense acted negligently.
56	56
57	57	(2) Sex trafficking is a class A felony.
58	58
59	59	(3) As used in this section:
60	60
61	61	"Coercion" means:
62	62
63	63	(1) Threats of serious harm to or physical restraint against any person;
64	64
65	65	(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
66	66
67	67	(3) The abuse or threatened abuse of the legal process.
68	68
69	69	"Fraud" means making material false statements, misstatements, or omissions.
70	70
71	71	"Minor" means a person who is less than eighteen years of age.
72	72
73	73	"Threat" means any of the actions listed in section 707‑764(1)."
74	74
75	75	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.
76	76
77	77	SECTION 3. New statutory material is underscored.
78	78
79	79	SECTION 4. This Act shall take effect upon its approval.
80	80
81	81
82	82
83	83	INTRODUCED BY: _____________________________
84	84	By Request
85	85
86	86	INTRODUCED BY:
87	87
88	88	_____________________________
89	89
90	90
91	91
92	92	By Request
93	93
94	94	Report Title: Honolulu Prosecuting Attorney Package; Sex Trafficking Description: Amends section 712-1202, Hawaii Revised Statutes, to include coercion as a means of committing the offense of sex trafficking. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
95	95
96	96
97	97
98	98
99	99
100	100	Report Title:
101	101
102	102	Honolulu Prosecuting Attorney Package; Sex Trafficking
103	103
104	104
105	105
106	106	Description:
107	107
108	108	Amends section 712-1202, Hawaii Revised Statutes, to include coercion as a means of committing the offense of sex trafficking.
109	109
110	110
111	111
112	112
113	113
114	114
115	115
116	116	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.