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Hawaii Rape and Sexual Assault Laws

Created by FindLaw's team of legal writers and editors | Last updated June 20, 2016

Generally, sexual assault refers to any crime involving unwanted and offensive sexual touching. In Hawaii, rape (or non-consensual intercourse that is committed by force, threat, or duress) is criminalized under the state's sexual assault laws. Hawaii's sexual assault laws are broken down into four degrees, with first-degree sexual assault applying to the most serious sex crimes. The chart below outlines Hawaii's four degrees of sexual assault.

Code Section

Hawaii Revised Statutes section 707-730

First-Degree Sexual Assault

Knowingly subjecting:

  • Another person to sexual penetration by strong compulsion
  • A mentally defective person to sexual penetration, or
  • A person who is mentally incapacitated or physically helpless due to the influence of a substance that the offender knowingly administered without the victim's consent to sexual penetration

Knowingly engaging in sexual penetration with:

  • A person who is less than 14 years old, or
  • Someone who is between 14 and 16 years old, if the offender is more than five years older than the minor and isn't married to the minor

Second-Degree Sexual Assault

 Knowingly subjecting:
  • Another person to sexual penetration by compulsion
  • A person who is mentally incapacitated or physically helpless to sexual penetration, or
  • An imprisoned person, to sexual penetration if the offender is employed in a state or private correctional facility, or as a law enforcement

Third-Degree Sexual Assault

 

Recklessly subjecting another person to sexual penetration by compulsion.

Knowingly subjecting:

  • Someone who is less than 14 years old to sexual contact
  • A mentally defective, mentally incapacitated, or physically helpless person to sexual contact
  • An imprisoned person to sexual contact if the offender is employed in a state or private correctional facility, or as a law enforcement, or
  • Another person to sexual contact by strong compulsion

Knowingly engaging in sexual contact with someone who is between 14 and 16 years old, if the offender is at least five years older than the minor and isn't married to the minor.

Fourth-Degree Sexual Assault

 
  • Knowingly subjecting another person to sexual contact
  • Knowingly exposing your genitals to another person under circumstances that the act would likely alarm the other person or put the victim in fear of bodily injury, or
  • Knowingly trespassing on property for the purpose of subjecting another person to surveillance for the offender's sexual gratification

Penalties
  • First-degree sexual assault: Class A felony.
  • Second-degree sexual assault: Class B felony.
  • Third-degree sexual assault: Class C felony.
  • Fourth-degree sexual assault: Misdemeanor.

Continuous Sexual Assault of a Minor

In Hawaii, it is a class A felony to continually sexually assault a minor who is less than 14 years old. This offense is committed when an offender resides in the same house as a minor who is less than 14 years old, or has recurring access to the minor, and engages in three or more acts of sexual penetration or sexual contact with the minor.

Additional Resources

State laws change frequently. For case specific information about Hawaii's rape and sexual assault laws contact a local criminal defense lawyer.

If you are a rape or sexual assault survivor there is help available to you. During an emergency dial 911 and when you're safe contact the Hawaii Coalition Against Sexual Assault.

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