Title 37, Hawaii Penal Code

§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…

§712-1206 Loitering for the purpose of engaging in or advancing prostitution. (1) For the purposes of this section: "Public place" means any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility or the doorways and entrance way…

§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: (a) Offer or agree to engage in sexual conduct with another person in return for a fee…

[§712-1208] Promoting travel for prostitution. (1) A person commits the offense of promoting travel for prostitution if the person knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in what would be prostitution if occu…

§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…

§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: (a) Offers or agrees to provide anything of value to a member…

§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…

§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 …

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…

§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…

§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…

§712-1214 Promoting pornography. (1) A person commits the offense of promoting pornography if, knowing its content and character, the person: (a) Disseminates for monetary consideration any pornographic material; (b) Produces, presents, or directs pornographic performances for mo…

§712-1215 Promoting pornography for minors. (1) A person commits the offense of promoting pornography for minors if: (a) Knowing its character and content, the person disseminates to a minor material that is pornographic for minors; (b) Knowing its character and content, the pers…

[§712-1215.5] Promoting minor-produced sexual images in the first degree. (1) A person, eighteen years of age or older, commits the offense of promoting minor-produced sexual images in the first degree if the person intentionally or knowingly commands, requests, or encourages a m…

[§712-1215.6] Promoting minor-produced sexual images in the second degree. (1) A minor commits the offense of promoting minor-produced sexual images in the second degree if the minor: (a) Knowingly uses a computer, cell phone, or any other device capable of electronic data transm…

§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…

[§712-1216.5] Importation, sale, or possession of a childlike sex doll. (1) A person commits the offense of importation, sale, or possession of a childlike sex doll if the person intentionally, knowingly, or recklessly: (a) Imports or causes to be imported into the State one or m…

§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]

[§712-1218] Failure to maintain age verification records of sexual performers. (1) A person commits the offense of failure to maintain age verification records of sexual performers if the person knowingly produces any pornographic performance, book, magazine, periodical, film, vi…

[§712-1218.5] Failure to maintain age verification records of sexually exploited individuals. (1) A person commits the offense of failure to maintain age verification records of sexually exploited individuals if, with the intent to profit therefrom, the person knowingly provides …

[§712-1219] Failure to affix information disclosing location of age verification records of sexual performers. (1) A person commits the offense of failure to affix information disclosing location of age verification records of sexual performers if the person knowingly produces an…

[§712-1219.5] Disseminating visual depiction of sexual conduct without affixed information disclosing location of age verification records of sexual performers. (1) A person commits the offense of disseminating visual depiction of sexual conduct without affixed information disclo…

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…

§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: (a) Engaging in bookmaking to the extent that the person receives or accepts in any…

§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…

§712-1222.5 Promoting gambling aboard ships. (1) A person commits the offense of promoting gambling aboard ships if the person knowingly advances or profits from gambling activity by: (a) Managing, supervising, controlling, operating, or owning, either alone or in association wit…

§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]

§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: (a) Of a kind commonly used…

§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: (a) Of a kind commonly used in the operation or pro…

§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…

§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…

§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…

§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…

§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…

§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: (1) Players compete on equal terms with each other; and (2) No player receives, or becomes en…

[§712-1232] Savings promotion or prize-linked savings contest not gambling. A savings promotion or prize-linked savings contest conducted by a financial institution pursuant to section 412:4-113 is not gambling and shall not constitute a lottery unless the chance to win a prize r…

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…

§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…

[§712-1240.5] Manufacturing a controlled substance with a child present. (1) Except as provided in subsection (2), any person convicted of manufacturing a controlled substance in violation of this chapter, who commits the offense knowing that a child under the age of sixteen is p…

§712-1240.7 Methamphetamine trafficking. (1) A person commits the offense of methamphetamine trafficking if the person knowingly: (a) Distributes methamphetamine in any amount to a minor; or (b) Manufactures methamphetamine in any amount. (2) Methamphetamine trafficking is a clas…

§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…

§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: (a) Possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of: (i) One ounc…

§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: (a) Possesses twenty-five or more capsules, tablets, ampules, dosage units, or syrettes, containing one or more …

§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.…

§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: (a) Possesses one hundred or more capsules or tablets or dosage units containing one or more of the harmful drugs or o…

§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: (a) Possesses fifty or more capsules or tablets or dosage units containing one or more of the harmful drugs or one o…