Chapter 712 — Chapter 712
67 sections in this chapter.
HRS §712-1200 Prostitution
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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) …
HRS §712-1201 Advancing prostitution; profiting from prostitution; definition of terms
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§712-1201 Advancing prostitution; profiting from prostitution; definition of terms. In sections 712-1202 and 712-1203:
HRS §712-1202 Sex trafficking
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§712-1202 Sex trafficking. (1) A person commits the offense of sex trafficking if the person knowingly: (2) Sex trafficking is a class A felony. (3) As used in this section: "Fraud" means making material false statements, misstatements, or omissions. "Minor" means a person who is…
HRS §712-1203 Promoting prostitution
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§712-1203 Promoting prostitution. (1) A person commits the offense of promoting prostitution if the person knowingly advances or profits from prostitution. (2) Promoting prostitution is a class B felony. [L 1972, c 9, pt of §1; am L 1993, c 130, §3; am L 2008, c 147, §9; am L 201…
HRS §712-1204 REPEALED
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§712-1204 REPEALED. L 2011, c 145, §6.
HRS §712-1205 REPEALED
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§712-1205 REPEALED. L 1996, c 14, §2.
HRS §712-1207 Street prostitution and commercial sexual exploitation; designated areas
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§712-1207 Street prostitution and commercial sexual exploitation; designated areas. (1) It shall be unlawful for any person within the boundaries of Waikiki and while on any public property to: (2) It shall be unlawful for any person within the boundaries of other areas in the St…
HRS §712-1209 Commercial sexual exploitation near schools or public parks
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§712-1209 Commercial sexual exploitation near schools or public parks. (1) A person commits the offense of commercial sexual exploitation near schools or public parks if, within seven hundred fifty feet of a school or public park, the person provides, agrees to provide, or offers…
HRS §712-1209.1 Commercial sexual exploitation of a minor
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§712-1209.1 Commercial sexual exploitation of a minor. (1) A person eighteen years of age or older commits the offense of commercial sexual exploitation of a minor if the person intentionally, knowingly, or recklessly: (2) Commercial sexual exploitation of a minor is a class B fe…
HRS §712-1209.5 Habitual commercial sexual exploitation
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§712-1209.5 Habitual commercial sexual exploitation. (1) A person commits the offense of habitual commercial sexual exploitation if the person is a habitual commercial sexual exploitation offender and provides, agrees to provide, or offers to provide a fee or anything of value to…
HRS §712-1209.6 Prostitution; motion to vacate conviction
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§712-1209.6 Prostitution; motion to vacate conviction. (1) A person convicted of committing the offense of prostitution under section 712-1200, loitering for the purpose of engaging in or advancing prostitution under section 712-1206(2), street prostitution and commercial sexual …
HRS §712-1210 Definitions of terms in this part
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PART II. OFFENSES RELATED TO OBSCENITY §712-1210 Definitions of terms in this part. In this part, unless a different meaning is required: "Age verification records of sexually exploited individuals" means individually identifiable records pertaining to every sexually exploited in…
HRS §712-1211 Displaying indecent matter
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§712-1211 Displaying indecent matter. (1) A person commits the offense of displaying indecent matter if the person knowingly or recklessly displays on any sign, billboard, or other object visible from any street, highway, or public sidewalk, a photograph, drawing, sculpture, or s…
HRS §712-1212 REPEALED
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§712-1212 REPEALED. L 1973, c 136, §10.
HRS §712-1213 Displaying indecent material; prima facie evidence
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§712-1213 Displaying indecent material; prima facie evidence. The fact that a person engaged in the conduct specified by section 712-1211 is prima facie evidence that the person engaged in that conduct with knowledge of or in reckless disregard of the character, content, or conno…
HRS §712-1214 Promoting pornography
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§712-1214 Promoting pornography. (1) A person commits the offense of promoting pornography if, knowing its content and character, the person: (2) Promoting pornography is a misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]
HRS §712-1215 Promoting pornography for minors
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§712-1215 Promoting pornography for minors. (1) A person commits the offense of promoting pornography for minors if: (2) Subsection (1) does not apply to a parent or legal guardian of the minor or to a sibling of the minor, or to a person who commits any act specified therein in …
HRS §712-1216 Promoting pornography; prima facie evidence
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§712-1216 Promoting pornography; prima facie evidence. (1) The fact that a person engaged in the conduct specified by section 712-1215 is prima facie evidence that the person engaged in that conduct with knowledge of the character and content of the material disseminated or the p…
HRS §712-1217 Open lewdness
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§712-1217 Open lewdness. (1) A person commits the offense of open lewdness if in a public place the person does any lewd act which is likely to be observed by others who would be affronted or alarmed. (2) Open lewdness is a petty misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]
HRS §712-1220 Definitions of terms in this part
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PART III. GAMBLING OFFENSES §712-1220 Definitions of terms in this part. In this part unless a different meaning plainly is required, the following definitions apply[:] "Advance gambling activity". [Repeal and reenactment on July 1, 2029. L 2024, c 249, §4.] A person "advances ga…
HRS §712-1221 Promoting gambling in the first degree
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§712-1221 Promoting gambling in the first degree. (1) A person commits the offense of promoting gambling in the first degree if the person recklessly advances or profits from gambling activity by: (2) Promoting gambling in the first degree is a class B felony. [L 1972, c 9, pt of…
HRS §712-1222 Promoting gambling in the second degree
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§712-1222 Promoting gambling in the second degree. (1) A person commits the offense of promoting gambling in the second degree if the person negligently advances or profits from gambling activity. (2) Promoting gambling in the second degree is a class C felony. [L 1972, c 9, pt o…
HRS §712-1223 Gambling
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§712-1223 Gambling. (1) A person commits the offense of gambling if the person knowingly participates in any gambling activity. (2) Gambling is a misdemeanor. [L 1972, c 9, pt of §1; am L 1973, c 201, pt of §1; gen ch 1993; am L 2022, c 111, §6]
HRS §712-1224 Possession of gambling records in the first degree
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§712-1224 Possession of gambling records in the first degree. (1) A person commits the offense of possession of gambling records in the first degree if the person knowingly possesses, produces, or distributes any writing, paper, instrument, or article: (2) Possession of gambling …
HRS §712-1225 Possession of gambling records in the second degree
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§712-1225 Possession of gambling records in the second degree. (1) A person commits the offense of possession of gambling records in the second degree if the person knowingly possesses any writing, paper, instrument, or article: (2) Possession of gambling records in the second de…
HRS §712-1226 Possession of a gambling device
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§712-1226 Possession of a gambling device. (1) A person commits the offense of possession of a gambling device if the person manufactures, sells, transports, places, possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody, or use of…
HRS §712-1227 Possession of gambling records; defense
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§712-1227 Possession of gambling records; defense. In any prosecution under sections 712-1224 and [712-1225], it is a defense that the writing, paper, instrument, or article possessed by the defendant was neither used nor intended to be used in the advancement of gambling activit…
HRS §712-1228 Gambling offenses; prima facie evidence
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§712-1228 Gambling offenses; prima facie evidence. (1) Proof that a person knowingly possessed any gambling record specified in sections 712-1224 and 712-1225 or any gambling device in section 712-1226 is prima facie evidence that the person possessed the record or device with kn…
HRS §712-1229 Lottery offenses; no defense
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§712-1229 Lottery offenses; no defense. It is no defense to a prosecution under any section of this part relating to a lottery that the lottery itself is drawn or conducted outside this State and is not in violation of the laws of the jurisdiction in which it is drawn or conducte…
HRS §712-1230 Forfeiture of property used in illegal gambling
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§712-1230 Forfeiture of property used in illegal gambling. Any gambling device, paraphernalia used on fighting animals, or birds, implements, furniture, personal property, vehicles, vessels, aircraft, or gambling record possessed or used in violation of this part, or any money or…
HRS §712-1231 Social gambling; definition and specific conditions, affirmative defense
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§712-1231 Social gambling; definition and specific conditions, affirmative defense. (a) Definition. "Social gambling" means gambling in which all of the following conditions are present: (b) Affirmative defense: (c) In any prosecution for an offense described in this part the fac…
HRS §712-1240 Definitions of terms in this part
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PART IV. OFFENSES RELATED TO DRUGS AND INTOXICATING COMPOUNDS §712-1240 Definitions of terms in this part. In this part, unless a different meaning plainly is required: "Dangerous drugs" means any substance or immediate precursor defined or specified as a "Schedule I substance" o…
HRS §712-1240.1 Defense to promoting
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§712-1240.1 Defense to promoting. (1) It is a defense to prosecution for any offense defined in this part that the person who possessed or distributed the dangerous, harmful, or detrimental drug did so under authority of law as a practitioner, as an ultimate user of the drug purs…
HRS §712-1240.6 REPEALED
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§712-1240.6 REPEALED. L 2006, c 230, §50.
HRS §712-1240.7 Methamphetamine trafficking
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§712-1240.7 Methamphetamine trafficking. (1) A person commits the offense of methamphetamine trafficking if the person knowingly: (2) Methamphetamine trafficking is a class A felony for which the defendant shall be sentenced as provided in subsection (3). (3) Notwithstanding sect…
HRS §712-1240.8 REPEALED
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§712-1240.8 REPEALED. L 2016, c 231, §56.
HRS §712-1240.9 Methamphetamine trafficking; restitution and reimbursement
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§712-1240.9 Methamphetamine trafficking; restitution and reimbursement. When sentencing a defendant convicted of methamphetamine trafficking pursuant to section 712-1240.7 or 712-1240.8 as that section was in effect prior to July 1, 2016, the court may order restitution or reimbu…
HRS §712-1241 Promoting a dangerous drug in the first degree
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§712-1241 Promoting a dangerous drug in the first degree. (1) A person commits the offense of promoting a dangerous drug in the first degree if the person knowingly: (2) Promoting a dangerous drug in the first degree is a class A felony. [L 1972, c 9, pt of §1; am L 1975, c 163, …
HRS §712-1242 Promoting a dangerous drug in the second degree
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§712-1242 Promoting a dangerous drug in the second degree. (1) A person commits the offense of promoting a dangerous drug in the second degree if the person knowingly: (2) Promoting a dangerous drug in the second degree is a class B felony. [L 1972, c 9, pt of §1; am L 1975, c 16…
HRS §712-1243 Promoting a dangerous drug in the third degree
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§712-1243 Promoting a dangerous drug in the third degree. (1) A person commits the offense of promoting a dangerous drug in the third degree if the person knowingly possesses any dangerous drug in any amount. (2) Promoting a dangerous drug in the third degree is a class C felony.…
HRS §712-1244 Promoting a harmful drug in the first degree
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§712-1244 Promoting a harmful drug in the first degree. (1) A person commits the offense of promoting a harmful drug in the first degree if the person knowingly: (2) Promoting a harmful drug in the first degree is a class A felony. [L 1972, c 9, pt of §1; am L 1975, c 119, §1 and…
HRS §712-1245 Promoting a harmful drug in the second degree
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§712-1245 Promoting a harmful drug in the second degree. (1) A person commits the offense of promoting a harmful drug in the second degree if the person knowingly: (2) Promoting a harmful drug in the second degree is a class B felony. [L 1972, c 9, pt of §1; am L 1975, c 119, §2 …
HRS §712-1246 Promoting a harmful drug in the third degree
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§712-1246 Promoting a harmful drug in the third degree. (1) A person commits the offense of promoting a harmful drug in the third degree if the person knowingly possesses twenty-five or more capsules or tablets or dosage units containing one or more of the harmful drugs or one or…
HRS §712-1247 Promoting a detrimental drug in the first degree
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§712-1247 Promoting a detrimental drug in the first degree. (1) A person commits the offense of promoting a detrimental drug in the first degree if the person knowingly: (2) Promoting a detrimental drug in the first degree is a class C felony. (3) Any marijuana seized as evidence…
HRS §712-1248 Promoting a detrimental drug in the second degree
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§712-1248 Promoting a detrimental drug in the second degree. (1) A person commits the offense of promoting a detrimental drug in the second degree if the person knowingly: (2) Promoting a detrimental drug in the second degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1975, c…
HRS §712-1249 Promoting a detrimental drug in the third degree
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§712-1249 Promoting a detrimental drug in the third degree. (1) A person commits the offense of promoting a detrimental drug in the third degree if the person knowingly possesses any marijuana or any Schedule V substance in any amount. (2) Promoting a detrimental drug in the thir…
HRS §712-1249.5 Commercial promotion of marijuana in the second degree
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§712-1249.5 Commercial promotion of marijuana in the second degree. (1) A person commits the offense of commercial promotion of marijuana in the second degree if the person knowingly: (2) Commercial promotion of marijuana in the second degree is a class B felony. (3) Any marijuan…
HRS §712-1249.6 Promoting a controlled substance in, on, or near schools, school vehicles, public parks, or public housing projects or complexes
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§712-1249.6 Promoting a controlled substance in, on, or near schools, school vehicles, public parks, or public housing projects or complexes. (1) A person commits the offense of promoting a controlled substance in, on, or near schools, school vehicles, public parks, or public hou…
HRS §712-1250 Promoting intoxicating compounds
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§712-1250 Promoting intoxicating compounds. (1) A person commits the offense of promoting intoxicating compounds if the person knowingly: (2) Promoting intoxicating compounds is a misdemeanor. (3) This section shall not apply to any person who commits any act described herein pur…
HRS §712-1250.5 Promoting intoxicating liquor to a person under the age of twenty-one
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§712-1250.5 Promoting intoxicating liquor to a person under the age of twenty-one. (1) A person, including any licensee as defined in section 281-1, commits the offense of promoting intoxicating liquor to a person under the age of twenty-one if the person recklessly: (2) It is a …