In Hawaii, the crime of indecent exposure is committed when someone intentionally exposes his or her genitals to someone else when the act is likely to cause offense. Each state has a law that prohibits indecent exposure, and while these laws generally make it a crime to expose your genitals in public, each state's statute varies slightly.
For example, in some states, the offender must commit the act for sexual gratification or to entice a sexual response in order to break the law. These requirements aren't included in Hawaii's indecent exposure law, as the table below illustrates.
|Hawaii Revised Statutes section 707-734: Indecent Exposure|
|Intentionally exposing your genitals to someone, other than to your spouse, under circumstances that are likely to cause affront.|
|Indecent exposure is a petty misdemeanor. Petty misdemeanors in Hawaii are punishable by up to six months in jail, and/or a fine of up to $1,000.|
|Exceptions||Breastfeeding in public doesn't qualify as indecent exposure in Hawaii.|
In some states, people convicted of indecent exposure are required to register as sex offenders because the state considers indecent exposure to be a sex crime. However, in Hawaii indecent exposure doesn't qualify as an offense entailing "criminal sexual conduct" and therefore people who are convicted of indecent exposure in Hawaii aren't classified as sex offenders.
While the crime of indecent exposure doesn't qualify as a sex crime in Hawaii, an act of indecent exposure can become a sex crime if any physical contact is made with the victim. In instances where the offender subjects the victim to unwanted and offensive touching the sex crime of sexual assault has likely been committed.
In addition to Hawaii's state law that criminalizes indecent exposure, there are also local ordinances that prohibit certain acts of indecent exposure at the local level. Therefore, it is important to also be aware of any city or local ordinances that may be in effect.
State laws change frequently. For case specific information regarding Hawaii's indecent exposure laws contact a local criminal defense attorney.
Contact a qualified attorney.