Prostitution

HRS §712-1200 — under Chapter 712.

HRS §712-1200

PART I. PROSTITUTION, PROMOTING PROSTITUTION, AND SEX TRAFFICKING

§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 in return for a fee or anything of value.

(2) As used in this section:

"Minor" means a person who is less than eighteen years of age.

"Seeks medical or law enforcement assistance" includes but is not limited to making, or assisting someone who is making, a report to the 911 system, a poison control center, a medical provider, a reproductive health provider, or any law enforcement agency or providing care to someone who is awaiting the arrival of medical or law enforcement personnel.

"Sexual conduct" means "sexual penetration", "deviate sexual intercourse", or "sexual contact", as those terms are defined in section 707-700, or "sadomasochistic abuse" as defined in section 707-752.

(3) Prostitution shall be a petty misdemeanor; provided that if the person who commits the offense under subsection (1) is a minor, prostitution shall be a violation.

(4) A person convicted of committing the offense of prostitution as a petty misdemeanor shall be sentenced as follows:

(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; provided that the member of a police department, sheriff, or law enforcement officer is engaging in undercover operations; provided further that under no circumstances shall sexual contact initiated by a member of a police department, sheriff, or law enforcement officer; sexual penetration; or sadomasochistic abuse be considered to fall within the course and scope of duties.

(6) A minor may be taken into custody by any police officer without order of the judge when there are reasonable grounds to believe that the minor has violated subsection (1). The minor shall be released, referred, or transported pursuant to section 571-31(b). The minor shall be subject to the jurisdiction of the family court pursuant to section 571-11(1), including for the purposes of custody, detention, diversion, and access to services and resources.

(7) Notwithstanding this section or any other law to the contrary, a person who in good faith seeks medical or law enforcement assistance for themselves or another person, or is the subject of another person's good faith act seeking medical or law enforcement assistance, shall not:

pursuant to this section if the probable cause or evidence for the arrest, charge, prosecution, conviction, seizure, or penalty was gained as a result of seeking medical or law enforcement assistance; provided that this subsection shall not apply to any other criminal offense. [L 1972, c 9, pt of §1; am L 1981, c 110, §1; am L 1986, c 314, §§73, 74; am L 1990, c 204, §1; am L 1993, c 130, §1; am L 1998, c 177, §2; am L 2011, c 145, §7; am L 2012, c 216, §3; am L 2013, c 247, §3; am L 2014, c 114, §3; am L 2016, c 206, §12 and c 231, §51; am L 2019, c 176, §1; am L 2021, c 68, §4; am L 2025, c 261, §2]