§707-759

Indecent electronic display to a child

Crimes against persons · Chapter 707 — Offenses Against the Person · Part VI. Child Abuse

(1) Any person who intentionally masturbates or intentionally exposes the genitals in a lewd or lascivious manner live over a computer online service, internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or other electronic device by:

(a) A minor known by the person to be under the age of eighteen years;

(b) Another person, in reckless disregard of the risk that the other person is under the age of eighteen years, and the other person is under the age of eighteen years; or

is guilty of indecent electronic display to a child.

(2) Indecent electronic display to a child is a misdemeanor. [L 2008, c 80, §1]

No Hawaiʻi pattern jury instruction (HAWJIC) has been published for this offense — prove each statutory element above on its own terms.

Source / Amendment history

[L 2008, c 80, §1]

Cross references, commentary & case notes

COMMENTARY ON §707-759 Act 80, Session Laws 2008, added this section, establishing a new offense to address a specific form of grooming conduct by child predators involving masturbation or the lewd or lascivious exposure of the predator's genitals over the computer for view by a minor. The legislature found that with the widespread use and acceptance of the Internet and computers as tools for social networking and the anonymity they appeared to provide, children and teens are at a greater risk for victimization by persons who seek out minors for sexual purposes. Online predators abuse modern day technology to covertly invade what is considered to be the most secure of places, the home. Conference Committee Report No. 82-08, Senate Standing Committee Report No. 3407.

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