BDSM and The Law

Hawaii

This is NOT legal advice.

The statutes of Hawaii define sex these ways in HRS 707-700.

Unfair laws set and sometimes applied by the morally righteous . If you live in Hawaii and do not like these laws then ask your  Legislators to change them.

Deviate sexual intercourse
"means any act of sexual gratification between a person and an animal or a corpse, involving the sex organs of one and the mouth, anus, or sex organs of the other." (Note this is a departure from most states that use this term for sodomy with a living human.)

Sexual contact
"means any touching of the sexual or other intimate parts of a person not married to the actor, or of the sexual or other intimate parts of the actor by the person, whether directly or through the clothing or other material intended to cover the sexual or other intimate parts."

Sexual penetration
"means vaginal intercourse, anal intercourse, fellatio, cunnilingus, anilingus, deviate sexual intercourse, or any intrusion of any part of a person's body or of any object into the genital or anal opening of another person's body; it occurs upon any penetration, however slight, but emission is not required. For purposes of this chapter, each act of sexual penetration shall constitute a separate offense."

The age of consent in Hawaii is 14 years old according to HRS 707-732. "Female breasts are not private parts or genitalia, and exposure thereof under existing circumstances was not a lewd act under HRS 712-1217 Open Lewdness statute" according to 61 H. 68, 597 P.2d 13.

HRS 572-1 Marriage
"In order to make valid the marriage contract, which shall be only between a man and a woman". According to HRS 572-1.6 there is specifically no prohibition against holding a symbolic marriage ceremony in Hawaii for same sex couples. The up to date status of same sex marriage in Hawaii can be found at Damon, Key, Leong, Kupchak, Hastert.

HRS 572-1 Marriage
"The man does not at the time have any lawful wife living and that the woman does not at the time have any lawful husband living". However, I could not find any statute in Hawaii making bigamy a crime.

HRS 712-1200 Prostitution
"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." This is a petty misdemeanor.

HRS 712-1203 Promoting prostitution, 2nd degree
Advancing or profiting "from prostitution by managing, supervising, controlling, or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more prostitutes". This is a class C felony.

HRS 712-1204 Promoting prostitution, 3rd degree
"knowingly advances or profits from prostitution." is a misdemeanor.

HRS 712-1206 Loitering for the purpose of ... prostitution
"Any person who remains or wanders about in a public place and repeatedly beckons to or repeatedly stops, or repeatedly attempts to stop, or repeatedly attempts to engage passers-by in conversation, or repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes with the free passage of other persons for the purpose of committing the crime of prostitution as that term is defined in section 712-1200, shall be guilty of a violation."

HRS 712-1207 Street solicitation of prostitution
"It shall be unlawful for any person within the boundaries of Waikiki and while on a public street or sidewalk to offer or agree to engage in sexual conduct with another person in return for a fee." This is a petty misdemeanor.

HRS 712-1211 Displaying indecent matter
A person commits the offense of displaying indecent matter if the person knowingly or recklessly displays ... a photograph, drawing, sculpture, ... which reveals the person with less than a fully opaque covering over his or her genitals, pubic area, or buttocks, or depicting the person in a state of sexual excitement or engaged in an act of sexual conduct or sadomasochistic abuse; and which is presented in such a manner as to exploit lust". (Even Baywatch violates this one.) This is a petty misdemeanor.

HRS 712-1214 Promoting pornography
"Disseminates for monetary consideration any pornographic material; or produces, presents, or directs pornographic performances for monetary consideration; or participates for monetary consideration in that portion of a performance which makes it pornographic." This is a misdemeanor.

HRS 712-1270 Nuisance abatement
"Every building, premises, or place used for the purpose of violating those laws pertaining to offenses against public health and morals contained in (HRS 712-1200) of this chapter, ... and every building, premises, or place in or upon which the violations are held or occur ... is a nuisance that shall be enjoined, abated, and prevented, regardless of whether it is a public or private nuisance."