Editor's Note: I am forwarding these excerpts from Hawaii's "Bill For an Act Relating to Prostitution" The material below represents the prostitution laws as they will stand when this legislation is passed. I deleted the references to the sections and language repealed by the legislation, so what is included below are the only parameters of the new law. Please visit http://www.capitol.hawaii.gov/sessioncurrent/Bills/HB982_.htm to view the complete legislation.--Carol Leigh, BAYSWAN

For further info, contact : Tracy Ryan at tracyar@hawaiiantel.net

STATE OF HAWAII
A BILL FOR AN ACT Relating to Prostitution
HOUSE OF REPRESENTATIVES H.B. NO. 982
TWENTY-FOURTH LEGISLATURE, 2007

Description: Decriminalizes the offense of prostitution. Makes prostitution a violation only if it is committed in a public place.

SECTION 1
"§712-1200 Prostitution. (1) A person commits the offense of prostitution if the person engages in, or agrees or offers to engage in, sexual conduct with another person for a fee in a public place that is likely to be observed by others who would be affronted or alarmed. For purposes of this section, a "public place" means any street, sidewalk, bridge, alley or alleyway, plaza, driveway, parking lot, or transportation facility, or the doorways and entrance ways to any building that fronts on any of these places, or a motor vehicle in or on any such place except areas that are designated as exceptions to this section pursuant to subsection (6).

(2) As used in subsection (1), "sexual conduct" means "sexual penetration," "deviate sexual intercourse," or "sexual contact," as those terms are defined in section 707-700.

(3) Prostitution is a violation, subject to a fine of up to $500.

(4) There shall be no penalty for engaging in, or agreeing or offering to engage in, acts of prostitution except as described in subsection (1) above.

(5) This section shall not apply to any member of a police department, a sheriff, or a law enforcement officer acting in the course and scope of duties.

(6) The legislature and counties shall designate areas within their jurisdiction as exempt from the penalty provisions of subsection (3). Designated areas shall include portions of geographic areas that have a history of this offense. The designated areas may be described both by geographic boundaries and by time of day limitations."

SECTION 2. Section 712-1203

(1) A person commits the offense of promoting prostitution in the second degree if the person knowingly:

(a) Advances or profits from prostitution of a person less than eighteen years old."

For further information email:

Tracy Ryan at tracyar@hawaiiantel.net

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