Hawaii Prostitution and Solicitation Laws

In Hawaii, prostitution laws make it a crime to engage in, or offer to engage in, sexual acts for compensation. Additionally, solicitation laws make it a crime not only to sell sexual acts, but also to buy (or offer to buy) sexual acts. This article provides a brief overview of Hawaii's prostitution and solicitation laws.

Code Section

Hawaii Revised Statutes section 712-1200: Prostitution

What's Prohibited?

Engaging in, agreeing to engage in, or offering to engage in sexual conduct with another person for a fee.

Definition of "Sexual Conduct"

 

"Sexual conduct" means sexual penetration, deviate sexual intercourse, or sexual contact.
  • Sexual penetration: Vaginal intercourse, anal intercourse, fellatio, deviate sexual intercourse, or any intrusion by a person's body, or any object, into the genital or anal opening of another person's body.
  • Deviate sexual intercourse: 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 organ of the other.
  • Sexual contact: Any touching (other than acts of sexual penetration) of a person's intimate parts, or the intimate parts of the actor by the person, whether directly or through the clothing.

Exception

This statute doesn't apply to any member of a police department, a sheriff, or a law enforcement officer acting in the course and scope of their duties.

Penalties

Prostitution is a petty misdemeanor that is generally punished by a fine of $500, and may be sentenced to imprisonment for up to 30 days.

Promoting Prostitution

In Hawaii, it is also a crime to promote prostitution. A person commits the crime of promoting prostitution by knowingly:

  • Advancing prostitution by compelling or inducing a person by force, threat, fraud, or intimidation to engage in prostitution, or profits from such conduct by another, or
  • Advances or profits from then prostitution of a person less than 18 years old

Solicitation of Prostitution

Code Section

Hawaii Revised Statutes section 712-1207: Street Solicitation of Prostitution

Street Solicitation of Prostitution

 

It is illegal for any person while on any public property to:
  • Offer or agree to engage in prostitution, or
  • Pay, agree to pay, or offer to pay a fee to another in exchange for an act of prostitution

Penalties

Engaging in solicitation is a petty misdemeanor and is punishable by at least 30 days on jail.

Additional Resources

State laws change frequently. For case specific information regarding Hawaii's prostitution and solicitation laws contact a local criminal defense lawyer.

Next Steps: Search for a Local Attorney

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